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
April 19, 2016 7:00 pm
Call to Order/ Pledge of Allegiance:
Excused absence: Trustee Haines
Additions/Deletions to Agenda:
Public Hearings/Invited Guests:
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 $43,016.24 for the week ending prior to this and bills and payroll in the amount of $272,323.87 for the week ending today, April 19, 2016 for a combined total of $315,340.11; Seconded by Trustee DeChiara.
ROLL CALL: Mr. Chessler, yes. Mr. DeChiara, yes.
Fiscal Officer:
Consider Accepting 4-5-16 Meeting Minutes
Trustee Chessler makes a motion that the minutes as submitted be approved; Seconded by Trustee DeChiara.
ROLL CALL: Mr. Chessler, yes. Mr. DeChiara, yes.
Administration:
Fire Department:
Police Department:
Road and Park Department:
Consider Approval of the 2016 Paving Program
Trustee Chessler indicated that Road Superintendent Masalko has been set to the task of trying to make the paving budget go as far as we can this year. Trustee Chessler stated that regarding the recently passed levy, he added that he knows everyone would like to get their street paved as soon as possible, but that is not possible so we have tried to address the worst first. Trustee Chessler stated that Road Superintendent Masalko has come up with a proposed list of streets that the Board has received.
Road Superintendent Masalko stated that due to the light winter, we were able to put $100,000 toward paving. Mr. Masalko referred to the spreadsheet of the proposed list of streets, before the Board, and indicated that these were the worst streets in the Township. Mr. Masalko added that he knows that there are still streets that should be paved, but the funds are just not there.
Trustee Chessler indicated that we will get to those and verified of Road Superintendent Masalko that the total cost of $312,146.46 is the amount of money that was allocated for paving this year. Mr. Masalko confirmed that was correct.
Trustee DeChiara inquired of Road Superintendent Masalko what the approximate mile for the paving program was. Mr. Masalko stated that he did not calculate that out per mile, but per Trustee DeChiara’s indication, confirmed that the price went down $2.00 per square yard for asphalt.
Trustee Chessler verified of Road Superintendent Masalko that with this submission if he was asking the Board tonight to approve the solicitation of bids. Mr. Masalko confirmed that was correct.
Trustee Chessler stated that he will acknowledge receipt of the proposed paving list for 2016 and will make a motion that the Board of Trustees authorize the Road Superintendent, with the assistance of the Law Director, to prepare a solicitation for bids to complete the paving program this year; Seconded by Trustee DeChiara.
Trustee Chessler verified of Law Director Hall if there was anything else we needed to do at this time; Mr. Hall stated that this was sufficient.
Trustee Chessler inquired that inclusive of this motion was advertising being included; Mr. Hall stated that was correct.
ROLL CALL: Mr. Chessler, yes. Mr. DeChiara, yes.
Law Director: None.
Zoning:
Consider Zone Change – Case PE 01-16
Trustee Chessler indicated that the next item coming before the Board is a zoning case that has been identified as Case PE 01-16; it is a proposal that was submitted by Joe Stacy; it involves a vacant lot in the 100 block of Kolpwood Avenue NW in Perry Township Ohio; it is identified by the Auditor’s records as Parcel # 43-04170. Trustee Chessler stated that as with each of these requests that we receive, it is noted that it is then referred to the Stark County Regional Planning Commission. Trustee Chessler stated that he will note that the case before us tonight takes a lot that is currently zoned as B1 and the request is to change the zoning to B2. Trustee Chessler added that on February 11, 2016 is when the case was forwarded; it was sent back from the Regional Planning Commission with their recommendation on March 14, 2016; the recommendation of the Stark County Regional Planning Commission was to approve this requested zone change. This matter also went before the Perry Township Zoning Commission on March 17, 2016; prior to that the notification that this zone change was being applied for was published on February 29, 2016 and notices were sent to the property owner on February 29, 2016 as well. The Zoning Commission conducted their hearing on April 19, 2016 and the publication of that was done on April 4, 2016 as well as sending notices to the property owner.
Trustee Chessler indicated that he would refer to the documents that we had received in our supporting documents tonight that were memorialized on the Zoning Commission hearing of March 17, 2016. This property was identified as the 100 block of Kolpwood Avenue NW, Perry Township, Map 10 Southwest ¼ section. The request is from the current zoning of B1 which is Office/Retail/Business District to B2 Commercial District.
Trustee Chessler stated that he would like to highlight some of the notes from the Zoning Commission hearing:
- The parcel proposed for rezoning is currently a vacant lot that is adjacent to two lots that are all owned by the applicant. The general area consists of a mixture of commercial uses to the south, along Lincoln Way/SR 172, and single-family residential uses to the north.
- · In 1987, the area to the south of the tract under consideration was rezoned to B-2 Commercial as part of the creation of a B-2 Commercial “strip” district along Lincoln Way/SR 172, despite RPC’s recommendation of denial. At the time, RPC expressed concern that the proposed commercial district appeared to protrude deeply into the existing residential areas. Some of the parcels rezoned to the B-2 district are over 500 ft. deep, extending the entire block depth to Bailey St.
- Being that the property is surrounded to the immediate north by single-family homes, staff believes that a buffer being established between the proposed B-2 district and the R-3 district to the north would help protect this neighborhood from this busy commercial corridor. Section 607 of the Perry Township Zoning Resolution details landscaping and buffer yards when a B-1 or B-2 district abuts a residential district.
- According to Section 711.3A of the Perry Township Zoning Resolution, the minimum lot area in a B-2 district is 20,000 square feet. The lot proposed for rezoning is approximately 14,000 square feet.
- On the amendment application, no specific proposed use for the parcel was listed. Due to the subject tract not meeting the minimum lot area requirements in a B-2 district, staff would recommend that the Township consider requiring the applicant to formally combine the subject tract with the adjacent tract that has frontage on LincolnWay.
Trustee Chessler indicated that there were a series of questions and answers from the attending members of the Zoning Commission that night and they voted unanimously to approve the requested zone change.
Trustee Chessler stated that he will note that the minutes reflect that Randy Kiste of 127 Kolpwood Ave. NW identified himself as the occupant of the house directly behind the lot as being requested to be rezoned; he and his wife were not opposed to this rezoning and added that they didn’t know what this meeting was about but wanted to be there to find out what the zoning was for. Mr. Kiste also referred to the good condition of Mr. Stacy’s storage units at another location and added that anything was better than what is sitting at this location now. There was no person at that meeting who spoke up to offer comments opposing the change. Trustee Chessler referred to Mr. Stacy who is present this evening, as the applicant, if he would like to offer any further comments.
Mr. Stacy gave brief comments regarding this matter.
Trustee Chessler indicated that this requested zone change would expand the potential uses and potential buyers. Trustee Chessler also referred to the Zoning Commission meeting minute comments referencing combining the lots; essentially erasing the interior lines so that you have one lot that would be zoned B2.
Mr. Stacy gave some brief remarks regarding this matter.
Trustee Chessler stated that he would ask, for the record, if there was anyone else in attendance tonight that wished to speak in favor of the zone change. Seeing none, Trustee Chessler inquired of Trustee DeChiara if he had any other comments. Trustee DeChiara briefly indicated that he was in favor of the zone change.
Trustee Chessler stated that he again would ask, for the record, if there was anyone in attendance tonight who wished to speak in opposition to the proposed zoning. Trustee Chessler noted for the record that no one has indicated an interest in opposing this request. Trustee Chessler inquired of Law Director Hall if there was anything else that we needed to do. Law Director Hall verified that the Board just needs to take action; approve, deny or modify.
Trustee Chessler stated that based on the review of the records that we have received from the Stark County Regional Planning Commission and the Perry Township Zoning Commission and based on the testimony tonight, makes a motion that the Board of Trustees adopt the recommendation of approval from the Perry Township Zoning Commission; Seconded by Trustee DeChiara.
ROLL CALL: Mr. Chessler, yes. Mr. DeChiara, yes.
Consider Approval of Mowing Contractors for 2016
Trustee Chessler stated that as we do every year, the Board solicits and reviews and approves mowing contractors that will be called upon on behalf of the Township to mow lots that are deemed in violation of our zoning and maintenance code. The Zoning Inspector has submitted to the Board a memo indicating five (5) applications that have been received and reviewed by the Law Director who returned the applications and met the requirements; those are:
- · Sees Lawn Care
- · Gino’s Lawn Service
- · Grow and Mow, Inc.
- · Cardinal Landscaping and Maintenance, LLC
- · Invision Landscaping
Trustee Chessler stated that those five (5) companies would be used on a rotating basis, as needed, throughout the mowing season.
Trustee Chessler made a motion that based on this information we have received, the Board approve and accept the five (5) contractors as approved contractors for the upcoming season; Seconded by Trustee DeChiara.
Fiscal Officer Schlegel inquired if the established rate of $40.00 per hour had to be included in the motion. Trustee Chessler indicated that this would be included in the minutes and added that this motion has been moved and seconded to accept the mowing contractors as submitted.
ROLL CALL: Mr. Chessler, yes. Mr. DeChiara, yes.
Trustee Chessler stated that the Board will establish by these minutes that as needed, when the mowing contractors are engaged, they will be paid at the rate of $40.00 per hour.
Consider Four Nuisance Properties for Approval for Next Step in Penalty Process
Trustee Chessler stated that the Board has received, as supporting documents, copies of letters that were addressed and sent to the owners of four (4) properties. Trustee Chessler indicated that Zoning Inspector Weckbacher sent them a notice and in each case, they were allowed seven (7) days from the date of the notice to correct the violations. Trustee Chessler indicated that he would not read the letters, but would read the dates and asked Zoning Inspector Weckbacher to please apprise the Board with a status update.
- 1. March 11, 2016 – 5232 Beth Ave. SW. Owner: John Sanderson
(Zoning Dept. issued a Notice of Violation-Order to Correct Letter)
Nothing has been done to date
- 2. March 16, 2016 – 4080 Richmont St. SW. Owner: Guerney Chambers
Parcels #43-03385 and #43-08473
(Zoning Dept. issued a Notice of Violation-Order to Correct Letter)
Nothing has been done to date
- 3. April 12, 2016 – 1205 Delaware Ave. SW. Owners: Jose & Katie Medina
(Zoning Dept. issued a Notice of Violation-Order to Correct Letter)
The seven (7) day time period will end after today’s date
- 4. April 13, 2016 – 127 Saratoga Ave. SW. Owner: Helen Poulain
(Zoning Dept. issued a Notice of Violation-Order to Correct Letter)
They are in the process of cleanup, but the progress is very slow
Law Director Hall inquired of Trustee Chessler if he may please address the Board regarding the Chambers property. Mr. Hall stated that the Board may recall that we previously took Mr. Chambers to court and received a default judgment and added that he believes this was only on his Southway property. Mr. Hall indicated that he will double check, but believes that the Richmont property was not included in the original action. Mr. Hall stated that he is aware of another enforcement action was taken against another Guerney Chambers property, but Mr. Chambers had deeded it over to his ex-wife, Mary Chambers. Mr. Hall stated that since Mr. Chambers has been a problem participant, he would ask for the Board’s permission if nothing was resolved by the end of the week, we go forth in taking court action. Trustee Chessler confirmed this request.
Trustee Chessler indicated that in years past, we could have done a better job at shortening the time that we take before the successive steps of enforcement. Trustee Chessler stated that if Trustee DeChiara would be in agreement, we would like to give the Law Director the authority now to take whatever actions necessary so that there isn’t a delay of a two or three week period until the next time the Board meets.
Trustee DeChiara confirmed that request and added that if any of these property owners would contact the Zoning Department and makes a sincere effort, we would give them that latitude.
Law Director Hall indicated that if someone does contact the Zoning Department or me or if they show a sincere effort, we would work that out; the courts want us to do that, but in regard to recurring individuals, sometimes you have to be more stern.
Trustee Chessler made a motion that the Board of Trustees authorize the Zoning Inspector, with the assistance of the Law Director, to take any further and appropriate enforcement action on each of the properties that have been previously identified tonight as being in receipt of a notice of violation in order to correct; Seconded by Trustee DeChiara.
ROLL CALL: Mr. Chessler, yes. Mr. DeChiara, yes.
Trustee Chessler indicated that we will add these four (4) properties to our list and we will move on to the next step which is the review of the properties that were the subject of discussion last meeting.
Problem Properties
1202 Saratoga – Zoning Inspector Weckbacher indicated that this is a matter with regard to a garage on the property. Zoning Inspector Weckbacher stated that he has been in touch with Mr. Bruce Nist who has been the owner of this property for forty years. Mr. Nist stated that he had a cabinet shop for about thirty years here and indicated that Perry Zoning had asked him that as long as he didn’t put a sign up and there was no foot traffic in and out, he was legal. Mr. Nist indicated that approximately ten years ago, he started mowing grass and this is where he stores his mowing equipment.
Mr. Weckbacher stated that he relayed this information to Law Director Hall and Mr. Hall indicated that we should probably give him a nonconforming use permit. Mr. Weckbacher stated that since our township zoning has been in place, the above referenced garage has never been used as residential adding that it can stay the same and if ever there is a change, it would have to come before the Board of Zoning Appeals to change from one nonconforming use to another.
Law Director Hall indicated that we have also been able to independently verify through the Stark County Auditor and Recorder’s records that this building was initially constructed in 1950 which is well before zoning and has always been taxed and used as a storage or warehouse building. Mr. Hall stated that in his opinion, if this resident were to take any court action, it would not be successful and it would be deemed as a prior nonconforming use. Mr. Hall stated that to document, for future inquiry, we need to issue a nonconforming use certificate specifically delineating that it should be for warehouse and storage only; that way if there is any attempted change in future use, then we can take action at that point. Law Director Hall indicated that he and Zoning Inspector Weckbacher can do this without any formal action or acknowledgement by the court.
Trustee Chessler verified that a document will be issued to the current owner that the building is a nonconforming use specifically delineating its current use being warehouse and storage only. Law Director Hall confirmed that was correct.
Trustee Chessler stated that this would satisfactorily resolve the complaint for the issue that was brought before the Board and added that this could be taken off of the list.
127 Saratoga Ave. SW – Zoning Inspector Weckbacher stated that this is one of the properties that he asked the Trustees to approve for further action. Mr. Weckbacher stated that they have been working to clean up this property and added that a vehicle was removed; also indicating that if the property owner stalls in the clean up, we can go forth in court action. Trustee Chessler indicated that this is a property where enforcement action must be commenced and it can be stopped or reversed in the event that clean up is moving forward.
Law Director Hall stated that this is a property with junk motor vehicles, trash and debris and added that it is not a major clean-up but added that it is just pushing the property owner to do the proper clean-up.
Trustee Chessler indicated that we will keep this property on the list.
1239 Whipple Ave. SW – Trustee Chessler indicated that Mr. Lones was here regarding this property. Zoning Inspector Weckbacher indicated that the violation regarding the shed has been moved. Law Director Hall stated that in regard to the other matters that were complained of on the record, he and Zoning Inspector Weckbacher and Assistant Zoning Inspector Kraus went to the property two days following the last meeting; the property owners were home and were actually working in the yard preparing for their daughter’s graduation party in the backyard. Mr. Hall added that other than their shed being too close to the property line, there were no other actionable violations at that time. This is the property that you would recall that has the boat artwork in their front yard. Mr. Hall stated that he would be the first to admit that he doesn’t like it and would not want his neighbor to do this, but there is nothing actionable there.
Trustee Chessler stated that there were some comments that Mrs. Lones offered to the Board regarding a dog. Mr. Hall stated that Police Chief Pomesky was involved in that aspect. Chief Pomesky stated that at the conclusion of the previous meeting, he went up to inspect the welfare of the canine and briefly indicated that he was alert, oriented and playful with acceptable conditions.
Trustee Chessler stated that in scanning over the minutes here, some reference was made to the business out of the home regarding tanks and water equipment in the back. Law Director Hall stated that none of this was visible and none were there on the Thursday following the previous meeting. Mr. Hall stated that there was a large, plastic water tank that was cut in half and the property owner was using it to store firewood, but nothing that was of a dangerous nature.
Trustee Chessler stated that the sense he was getting is that we need not keep this property on the list for further updates. Law Director Hall stated that he did not think so. Trustee Chessler referred to Trustee DeChiara inquiring if he had any comments or concerns. Trustee DeChiara stated that if all of the zoning violations were in compliance, we would have no other concerns.
Trustee Chessler indicated that 1239 Whipple Ave. SW and 1202 Saratoga will come off the list; 127 Saratoga and the three other properties that were the subject of written notice of violation will remain on that list for further updates at the next meeting.
Trustee DeChiara indicated that one other violation at the Whipple Avenue property was in regard to the animal waste and according to the Police Chief, that has been rectified. Chief Pomesky stated that he had reached out to the Health Department and followed up with the Halls explaining the proper way to dispose of the animal waste.
Trustee Chessler thanked everyone for the updates and added that it helps us all to keep better track.
Executive Session(s):
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 Chessler stated that he knows this was not on the Agenda, but wanted to offer an opportunity for the Police Chief and Fire Chief to weigh in; the Hall of Fame Marathon is coming up this weekend and referencing the proposed map, there is a good portion of this is coming through Perry Township. Trustee Chessler inquired of Chief Pomesky and Chief Martin if we were prepared for this event. Chief Martin indicated that the EMS portion of this is taken care of and stated that he believes Chief Pomesky has his portion in order as well.
Chief Pomesky stated that if we have a resident with a traffic concern and would need to get in or out, we had an itemized briefing for each officer and can plan an interception for them to get in and out from their residence and can accommodate and notify any one of the course marshals at the intersections so that they know that resident will be coming through at a certain time.
Public Speaks-Open Forum: None.
Adjournment:
With nothing further to come before the Board, Trustee Chessler made a motion to adjourn the meeting at 7:30 pm; Seconded by Trustee DeChiara.
ROLL CALL: Mr. Chessler, yes. Mr. DeChiara, yes.
Craig Chessler, Vice President Joe Schlegel, Fiscal Officer