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
March 1, 2016 ~ Early Start Time 6:45 pm
Regular Meeting
Call to Order:
Trustee Haines called the March 1, 2016 meeting to order and verified the early start time of 6:45 pm. Trustee Haines indicated that we will wait for the Pledge of Allegiance until the Board comes back out of the Executive Session.
Board Interviews with Assistant Board of Zoning Appeals~Alternate Applicant Beginning at 6:45 pm
Executive Session(s):
Trustee Haines made a motion that the Board adjourn into Executive Session pursuant to ORC 121.22 (G)(1) to interview a Board of Zoning Appeals alternate; Seconded by Trustee DeChiara.
ROLL CALL: Mr. Haines, yes. Mr. Chessler, yes. Mr. DeChiara, yes.
The Board adjourned into Executive Session at: 6:47 pm
The Board adjourned from Executive Session at: 7:01 pm
Pledge of Allegiance:
Excused absence: None.
Additions/Deletions to Agenda:
Trustee Haines made a motion to add to the Agenda, under Zoning, the hiring of BZA Alternate; Seconded by Trustee Chessler.
ROLL CALL: Mr. Haines, yes. Mr. Chessler, yes. Mr. DeChiara, yes.
Public Hearings/Invited Guests:
Oath of Office ~ Fiscal Officer Schlegel
Trustee Chessler requested Fiscal Officer Schlegel to please raise his right hand:
I, Joe Schlegel, do solemnly swear to support the constitution of the United States and the Constitution of the State of Ohio and to faithfully and impartially discharge to perform all the duties incumbent upon me as Fiscal Officer of Perry Township, Stark County, Ohio according to the best of my abilities and understanding.
Street Light Hearing for the Darletta, Leona SW and Dee Mar Allotment
Fiscal Officer Schlegel stated that the Fiscal Office received a street lighting petition back on 1-22-16, hearing set for this evening, 3-1-16. Fiscal Officer Schlegel indicated that the petition was circulated to 50% of the lot landowners; a legal description of the proposed district is attached to the petition; the petition was filed in the Fiscal Office on 1-22-16; on 2-2-16, the Fiscal Officer notified the Board of the petition request on 2-2-16 and the need of a hearing. On 2-2-16, the hearing date was set for no more than 30 days; on 2-10-16, the Fiscal Office delivered copies to the landowners at least 15 days before hearing date; affidavit was served; Fiscal Office published hearing notice in the newspaper one time at least two weeks before the hearing; proof of publication was filed with the Fiscal Office before the date of the hearing.
Fiscal Officer Schlegel stated that there are four (4) homeowners who have made application for this street lighting district. Mr. Schlegel stated that Dwight Parrish from AEP was contacted and he has indicated that there will be one (1) street light on an existing pole at a total cost of $12.00 per month. The total cost of light per year is $144.00 divided by 4 property owners that equals $36.00 per year, $18.00 per six (6) months, $3.00 per month per resident.
Trustee Haines inquired if there was anyone in the audience that wished to address the Board in favor of this street lighting petition. No comments noted.
Trustee Haines inquired if there was anyone in the audience that wished to address the Board in opposition of this street lighting petition. No opposition noted.
Trustee Chessler verified that this is 100% of the people affected that have applied for the petition. Trustee Haines verified the same and inquired if this would be referred to as the De Mar Street Lighting District. After brief discussion, it was determined this would be referred to as the Darletta/Leona Street Lighting District.
Trustee DeChiara inquired if other homeowners should wish to join and add lights, would this change the cost or would they have to have a separate district. Trustee Haines indicated that it would depend, referencing that there are 13 or 14 lights in Dee Mar allotment, adding that this is affecting only one pole in that allotment. Trustee Haines explained that if somebody else would come forward and request additional lights, they would have to create another lighting district. Trustee DeChiara inquired that it would not add on to this. Trustee Haines indicated that if there were homeowners that would want to do the whole allotment, they would have to completely start over. Trustee Haines verified that this street lighting district is for one light with these four (4) residents, adding that from his understanding, the residents were each on the four corners of this area.
Trustee Chessler stated that based on the information the Board has received and based on the information presented as far as compliance with the statutory obligations presented by the Fiscal Officer, and based further on the fact that no one has spoken in opposition of the petition submitted, makes a motion that the Board approve the petition as submitted to create the street lighting district that we will refer to as the Darletta/Leona lighting district; Seconded by Trustee DeChiara.
ROLL CALL: Mr. Haines, yes. Mr. Chessler, yes. Mr. DeChiara, yes.
Communications:
Letter to the Board from Eric Blatz Requesting Road Signage
Trustee Haines stated that the Board received a letter from Mr. Eric Blatz adding that Mr. Blatz is respectfully requesting a sign for 25% weight reduction to be installed under the speed limit sign, 25 mph, on Roanoke Avenue, both west and east; the reason being the heavy over-dash road construction equipment using Roanoke with tractor trailer semis with this heavy overload construction equipment, it beats and tears up Roanoke Avenue roadway. The roadway was not built and meant to handle these heavy overloads.
Trustee Chessler indicated that he was in the day this came in and had discussed this with the Administrator and also had an opportunity to speak with Mr. Masalko and had asked him to look into whether or not we could meet those requests of Mr. Blatz in advance of him being here this evening. Not seeing Mr. Blatz here this evening, Trustee Chessler referred to Road Superintendent Masalko in this regard.
Road Superintendent Masalko indicated that the Board could make a resolution to place a 25% weight reduction sign on Roanoke Avenue. Trustee Chessler verified that the speed limit is already established at 25 mph in that area. Mr. Masalko stated that was correct.
Trustee Haines verified that Mr. Blatz is asking for the weight reduction signs to be posted. Trustee Haines added that when we do our weight reductions like we did in the fall, this would be the same way. Trustee Haines inquired if we could go one step further and let the officer that does the county overweight inspections know that we have posted that in order that he could patrol that area as well. Road Superintendent Masalko indicated that we could. Mr. Masalko indicated that Plymouth Knoll could be added also. Mr. Masalko added that once the new construction is completed there, we may not have to do this each year.
Road Superintendent Masalko indicated that those signs would come down May 1st. Trustee Haines indicated that the Board could review this at that time; Law Director Hall added that we could add this on to the resolution next fall for the winter months. Trustee Chessler stated that it would be a good idea to get people accustomed to seeing that signage. Road Superintendent Masalko stated that he has a copy of the resolution.
Trustee Chessler made a motion that the Board adopt a weight limit reduction on township roads, specifically in this case, Plymouth Knolls and Roanoke Avenue, and further authorize the Road Superintendent to post the appropriate signage to reduce the load limit on these township roads by the appropriate 25% reduction legal limit pursuant to ORC 5577.07 and to take all other steps necessary to comply with the weight limit reductions; Seconded by Trustee DeChiara.
ROLL CALL: Mr. Haines, yes. Mr. Chessler, yes. Mr. DeChiara, yes.
Trustee Chessler made a further motion that the Board authorize and direct the Road Superintendent to erect and place appropriate signage to post the established speed limit of 25 mph on those streets as well; Seconded by Trustee DeChiara.
ROLL CALL: Mr. Haines, yes. Mr. Chessler, yes. Mr. DeChiara, yes.
Consider Scheduling Step 2 Hearing as Requested by Adam Reiger
Law Director Hall stated that Step 1 grievance was denied by Chief Martin dated February 23, 2016 and added that under the contract, the Board has 30 days to conduct this investigation and hearing and to render a decision. Mr. Hall stated that his recommendation is that to complete this process, it has to be done 30 days from the date of the filing of the grievance which would take you out to March 24th and is suggesting the next regular meeting on March 15th, 2016. Mr. Hall inquired of Chief Martin if this was acceptable. Chief Martin indicated that it was.
Trustee Haines made a motion that the Board set the hearing for the Step 2 grievance for March 15, 2016 at 7:00 pm regular meeting; Seconded by Trustee Chessler.
ROLL CALL: Mr. Haines, yes. Mr. Chessler, yes. Mr. DeChiara, yes.
Public Speaks on items up for Board Approval: None.
Township Business requiring Board Action: None.
Unfinished Business: None.
New Business:
Trustee Haines made a motion to approve bills and payroll in the amount of $279,896.08 for the week ending February 23, 2016 and bills in the amount of $43,810.41 for the week ending March 1, 2016 for a combined total of $323,706.49; Seconded by Trustee DeChiara.
ROLL CALL: Mr. Haines, yes. Mr. Chessler, yes. Mr. DeChiara, yes.
Fiscal Officer:
Consider Accepting 2/16/16 Meeting Minutes
Trustee Haines made a motion to accept the meeting minutes from February 16, 2016; Seconded by Trustee Chessler.
ROLL CALL: Mr. Haines, yes. Mr. Chessler, yes. Mr. DeChiara, yes.
Administration:
Fire Department:
Police Department:
Consider Authorizing Continued Professional Training
Police Chief Pomesky is requesting the Board’s authorization to proceed with the Continued Professional Training. Chief Pomesky stated that based on the passage of House Bill 64, funding is available to mandate eleven hours of CPT training for officers throughout the State of Ohio. Chief Pomesky indicated that training is required to be completed before the end of this year in order for an officer to maintain an active status in the State. Chief Pomesky stated that the commissions went out and they have approved several areas of training for law enforcement to be conducted in.
Chief Pomesky stated that we have taken it upon ourselves to apply for the certification to hold the training in-house because of the nature of it. Chief Pomesky stated that the training is supposed to be conducted on Ethics, Human Trafficking, Crisis De-Escalation, Constitutional Use of Force and Community-Police Relations. Chief Pomesky stated that this training is not only to train our entire sworn staff at the department, it will be open to other outside agencies to send their officers and staff as well. Chief Pomesky indicated that we will project roughly about 100 officers attending the training in a three day period.
Chief Pomesky indicated that the total cost for this training is $3,640.00 and added, however, since we are the host agency and we have 26 sworn individuals attending, we are receiving a discounted rate bringing the true total cost to $2,600.00. Chief Pomesky stated that he is requesting the Board of Trustee’s approval for this expenditure to host this training. This expenditure can be made by using our Federal Training Account 14-C-1. In addition to the above, this training meets the requirements for our agency to be reimbursed $20.00 per training hour per officer by the state. Perry Township Police Department will receive $5,720.00 back for compliance with this training requirement.
Trustee Chessler verified of Chief Pomesky that the expenditure that is being authorized by your request tonight is $2,600.00. Chief Pomesky stated that was correct. Trustee Haines also verified that we will basically receive the $20.00 per training hour to compensate for the officers to be there. Chief Pomesky stated that was correct.
Trustee Chessler made a motion that the Board authorize the Police Department to participate in the Continued Professional Training and further authorize the expenditure of an amount not to exceed $2,600.00 for this training to be paid from the Federal Training Account identified as 14-C-1; Seconded by Trustee DeChiara.
ROLL CALL: Mr. Haines, yes. Mr. Chessler, yes. Mr. DeChiara, yes.
Road and Park Department:
Consider Hiring Edward Stearn as a Casual Part-Time Employee
Road Superintendent Masalko stated that the Road Department is asking the Board to consider adding Edward Stearn to the pool of casual employees, starting at $12.50/hr. after drug and alcohol testing and drivers license background check.
Road Superintendent Masalko indicated that he has already done the drivers license background check and also added that Mr. Stearn would be added to the pool of casual part-time employees as needed. Mr. Masalko stated that this would be effective as of today’s date, 3-1-16.
Trustee Haines stated that based on the information we have been given, makes a motion that we hire Edward Stearn to the pool of casual employees, starting at $12.50/hr. after drug and alcohol testing; he already has his drivers license background check with the effective hire date of 3-1-16; Seconded by Trustee Chessler.
ROLL CALL: Mr. Haines, yes. Mr. Chessler, yes. Mr. DeChiara, yes.
Consider Hiring Justin Burns as a Seasonal Part-Time Employee
Road and Park Superintendent Masalko stated that the Park Department is asking the Board to consider adding Justin Burns as a seasonal/part-time park department employee, starting at $10.50 an hour. The responsibility of the seasonal/part-time employee will consist of: cutting grass; weed eating; cleaning restrooms; flower beds; empty trash; weekly park inspections. Mr. Masalko stated effective immediately after drug and alcohol testing and drivers license background check.
Trustee Haines verified that this was at 28 hours per week or a total of 1500 hours per year. Mr. Masalko stated that was correct.
Trustee DeChiara made a motion that the Board follow the recommendation of the Road Superintendent and hire Justin Burns for part-time seasonal help in the Park Department at a starting rate of $10.50 per hour, maximum of 28 hours per week or a total of 1500 hours per year; the hiring date to be immediately after his screen for alcohol and drug testing and drivers license background check; Seconded by Trustee Haines.
ROLL CALL: Mr. Haines, yes. Mr. Chessler, yes. Mr. DeChiara, yes.
Trustee Haines stated that before proceeding he wanted to acknowledge Mr. Eric Blatz who presently entered the meeting. Trustee Haines indicated to Mr. Blatz that the Board had addressed his letter previously in the meeting. Trustee Haines added that the Board passed a resolution that we approve the Road Superintendent to place the weight reduction signs, as requested, and indicated that they also included a little section of Plymouth Knolls there also. Trustee Haines stated that these signs will be attached to the speed limit signs. Mr. Blatz stated that he appreciated it.
Law Director: None.
Zoning:
Trustee Haines indicated that we added the hiring of the BZA alternate. Trustee Haines stated that Mr. DeChiara was the past BZA alternate and since his newly elected position to the Board, he resigned his BZA alternate position and this created a new alternate opening. Trustee Haines stated that we had two (2) interested applicants, we interviewed the two (2) applicants and made a decision. Trustee Haines stated that these two (2) applicants were very nice and we had good conversation with both of them.
Trustee Haines made a motion that the Board hire, as a Board of Zoning Appeals Alternate, Mr. Sam Spurrier; Seconded by Trustee DeChiara.
ROLL CALL: Mr. Haines, yes. Mr. Chessler, yes. Mr. DeChiara, yes.
Department Matters Not Requiring Board Action:
Administration: None.
Fire Department: None.
Police Department: None.
Road Department: None.
Parks/Recycling: None.
Zoning: None.
Law Director: None.
Upcoming Events:
Trustee Haines stated that the Board had a note from the Perry History Club indicating that there will be a Founders Day Pancake Breakfast to benefit the 1893 Genoa School to replace the floor and roof and to restore the school to its former glory for community use. All you can eat pancakes, sausage, orange juice, coffee, tea. March 19, 2016; 8 am – 11:30 am at the Perry Grange. Tickets are $6.00 for adults, Children 10 and under, $3.00.
Public Speaks-Open Forum:
Trustee Haines stated that he wanted to remind: any member of the public may speak to matters not on the agenda at this time. All questions and comments must be directed to the Board of Trustees and not to any individual department head. Each person addressing the Board shall refrain from making personal, slanderous or profane remarks to any member of the Board, staff or general public. Any member of the public intending to speak should state their name and address for the record.
Any individual who engages in behavior that causes unreasonable delays, disruption of the Trustee meeting, uses profanity or speaks or acts in an unruly or threatening manner at any time during the meeting may be removed from the meeting by the direction of the Board if they do not promptly desist.
Eric Blatz, 1840 Jackson Ave. NW, Massillon, OH 44646, Mr. Blatz stated that he is here to compliment Mr. John Masalko adding that he had a situation that was handled quite excellently. Mr. Blatz referred to a situation where in branches were cut thus allowing site vision on Jackson, speed limit 40 mph. Mr. Blatz also indicated that the Road Department has done an excellent job with the snow removal.
Mr. Blatz stated that he also wanted to compliment Mr. Scott Weckbacher for his written letter pertaining to an absentee landlord.
Mr. Blatz stated that he wanted to recognize Mr. Lee Laubacher for his absolute dedication and service to the Township. Mr. Blatz stated that anytime he had a problem and called Lee, he was on it. Mr. Blatz congratulated Mr. DeChiara and added that he had big shoes to fill. Mr. Blatz also recognized Administrator Fetzer stating that she was a savior. Mr. Blatz also added that the Board of Trustees make a very good team.
Christian Walton, 2944 12th St. NW, Massillon – Mr. Walton stated that he has a few issues but his main one was the traveling situation on 12th St. NW, adding that it has increased considerably noting that most people do not obey the speed limit signs.
Trustee Haines inquired of Police Chief Pomesky if the speed limit had lowered on part of 12th Street further verifying work that had been done there by the county engineer. Chief Pomesky verified that they were working on that a few years back adding that he remembered that we had asked for the study to be done, but had not heard the position in that regard.
Mr. Walton stated that he remembered them putting the sign up in regard to the speed limit adding that it didn’t seem to do any good. Mr. Walton stated there are still a lot of people who were going way over the speed limit. Mr. Walton indicated the area from the Stark County District Library on 12th and heading west to Jackson Avenue seemed to have a big problem with traffic. Chief Pomesky indicated that they would add that to their speeding complaint list and we will get an officer in those zones.
Trustee Haines inquired of Chief Pomesky if we could place the speed trailer in that area. Chief Pomesky indicated that we can, but added that one thing that we have to be sensitive to at this time is the ice and snow, since there is a potential for it, so that somebody doesn’t slide into the speed trailer.
Trustee Chessler inquired of Mr. Walton what the nearest intersecting street to where he lives was. Mr. Walton stated 12th and Jackson Avenue. Mr. Walton indicated that there is a problem all the way to the Massillon city limits. Mr. Walton indicated that his address was on the north side of 12th. Mr. Walton stated that there are a lot of people in the neighborhood that have complaints adding that he supposes that he is the spokesperson.
Trustee Haines stated to Mr. Walton that they would try and get the speed trailer in that area and added that this would definitely be on Chief Pomesky’s speed complaint list.
Dan Dunn, 3224 Roanoke St. NW – Mr. Dunn stated that he has been having some problems for quite some time in regard to his property eroding. Mr. Dunn showed a photograph of his property and stated that it was last dredged 32 years ago relaying to a culvert in the photograph. Mr. Dunn stated that he has contacted the county twice and they said to go see the Township.
Trustee Haines asked Mr. Dunn to please give his contact information after meetings end and added that he would make arrangements with the county commissioner to request a meeting at his property, when Mr. Dunn would be home, to walk the area to see what guidance he could suggest.
Mr. Dunn stated that this has been going on for years, but added that it is really getting critical because the stream is getting smaller and smaller and the velocity of the water is speeding up now causing more of his property to erode.
Trustee Haines stated that he would see if there were any other key people that we could have meet us out there. Trustee Haines stated that he didn’t know if Joe Underwood would play a role from the county in this matter.
Mr. Dunn stated that he has written a letter twice and explained the situation and they have ignored him. Trustee Haines indicated that we all need to be there together and added that we don’t go off road like that, but we can certainly be a voice for you out there to try and get what is done right. Mr. Dunn indicated that this was on the corner of Roanoke and Bramblebush.
Dave Kerestes, 3500 Lincoln Way East, Apt. 4, Massillon, OH 44646 – Mr. Kerestes stated that he is here tonight to speak about John Fox’s death that was ruled as a suicide. Mr. Kerestes referred to a report.
Trustee Chessler stated to Mr. Kerestes that before he went any further, the comments that he makes tonight have to do with something the Township Trustees can do something about. Trustee Chessler stated that we have been over this countless times and added that Mr. Fox’s death is not anything that we can make any decisions about. Trustee Chessler asked if he could please address us on things that we can do something about.
Mr. Kerestes stated that he has already addressed the Board on no certificates of conformance, no zoning permits and no permits for temporary signs.
Trustee Chessler stated that we have been over these issues time and time again and inquired if there was anything new that relates to Township business. Mr. Kerestes stated that there was nothing that you are going to listen to, sir, thank you.
Adjournment:
With nothing further to come before the Board, Trustee Haines made a motion to adjourn the meeting at 7:40 pm; Seconded by Trustee Chessler.
ROLL CALL: Mr. Haines, yes. Mr. Chessler, yes. Mr. DeChiara, yes.
Doug Haines, President Joe Schlegel, Fiscal Officer