Regular Meeting
Perry Township Board of Trustees
Regular Meeting
August 7, 2012 7:00pm
Pledge of Allegiance:
Excused absence: Scott Weckbacher, Zoning Inspector- Stark County Regional Planning
Additions/Deletions to Agenda: None.
Public Hearings/Invited Guests:
Richard Regula- Discussion of Past Township Projects- Detention Tank on 12th Street and SR 172 Project
Mr. Regula stated that in the four (4) years that he served as a County Commissioner he did a lot of projects with Perry Township. Mr. Regula stated that he wanted to follow up and see how some of the projects are going. The tank on 12th Street was a challenging project but it works and holds approximately 5.5 millions gallons of raw sewage. The tank prevented the flooding of residential properties and homes in the area. Mr. Regula stated that if he is re-elected as County Commissioner his goal is to continue to work with the Townships on roads/ bridges and ditches. Mr. Regula stated that he knows that drainage is still a major issue. The economy as a whole is starting to turn around in this region.
Mr. Regula stated that he has been doing a lot of work in his role at Mercy Medical Center with the oil and gas industry. You have to be cautious, but the oil and gas industry is going to bring up opportunities to this entire region. Stark County is going to benefit because the industry is going to be here for 35-40 years. Mr. Regula stated that he gives the current Board of Commissioners a lot of credit for dealing with some difficult issues over the past few years. Mr. Regula stated that the County is ready to move forward and he would like to be a part of that as a County Commissioner. Mr. Regula stated that he knows that there are going to be challenges ahead and he is fully committed to working with the Townships and other municipalities.
Trustee Chessler stated that the Board of Commissioners held a meeting in Perry Township last year which was packed full of residents concerned about drainage. The problems are not inexpensive to fix but there are some possibilities. Mr. Regula stated that he did speak to Trustee Laubacher regarding the issue with drainage. A lot of the issues with drainage come from yard waste blocking the drains. Mr. Regula stated that residents should be encouraged to take their yard waste to the Recycling Station instead of dumping it in the ditches. This could alleviate some of the drainage issues though it will not fix it entirely. Mr. Regula stated that he has spoken with Muskingum Watershed and there may be some monies out there for drainage but a lot of it is going to be matched funds. That is where the County and Townships will have to come together and work to come up with some of the match funds.
Communications:
Acknowledgement of Letters Received From Phyllis Bostic and Yogi Sepich Concerning the Treatment of Outdoor Dogs
Trustee Chessler stated that the Board received letters from Phyllis Bostic and Yogi Sepich concerning the treatment of outdoor dogs at a neighboring property. Ms. Bostic also included a copy of a statute that has been adopted in Minnesota regarding “Outdoor Dogs.” Mr. Hall has reviewed this statute. Trustee Chessler stated that after reviewing all of the information he has drafted a response letter to Ms. Bostic and wants to be sure that the letter is reflective of the Board’s position. Generally, in Ohio the enforcement of laws regarding the treatment of dogs is under the revised code which is state law. Trustee Chessler stated that the drafted letter advises Ms. Bostic of the state law and the proper enforcement agencies. The Township Trustees do not have the authority to adopt a law similar to Minnesota because it does not specify who would be responsible for enforcing the laws. Trustee Chessler stated that the Township does not currently have the staff nor could the Township devote the resources even for a noble purpose as such to adequately enforce a law that ensures that animals that are kept outdoors are treated in conditions that meet minimum standards. Trustee Chessler noted that any change in the law would have to go through state legislature. Mr. Hall stated that was correct. Trustee Chessler stated that though the Board of Trustees is sympathetic they do not have the capabilities of enforcing these laws uniformly and comprehensively Township wide.
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 $590,267.27 for the week ending July 24, 2012, bills and payroll in the amount of $215,512.28 for the week ending July 31, 2012 and bills in the amount of $20,248.96 for the week ending August 7, 2012 for a combined total of $826,028.51; Seconded by Trustee Laubacher.
Trustee Laubacher inquired why the amount of bills paid for July 24, 2012 was so high. Mr. Schlegel stated that the paving was paid during that period.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Trustee Haines, yes.
Fiscal Officer:
Trustee Laubacher made a motion to approve the minutes from the July 3 Regular Meeting, July 10 Work Session and July 17 Regular Meeting; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Trustee Haines, yes.
Administration: None.
Fire Department:
Consider Hiring of Scott Borojevich Part-time FF/ EMT-P
Chief Martin asked the Board to consider the hire of Scott Borojevich as a part-time fire fighter EMT-P with total work hours not to exceed 1,500 hours per year. Mr. Borojevich will be required to follow all the current requirements to be placed on probationary members. The probationary period will be based on the department skill competency evaluation. Chief Martin asked that Mr. Borojevich be awarded all benefits applicable to part-time employees. Effective hiring date will be August 7, 2012. Mr. Borojevich is a paramedic and has his fire fighter 2 card. Trustee Chessler inquired when the probationary period will be determined and how the Board will memorialize that. Chief Martin stated that the individual is given approximately six (6) weeks to grasp the operations of the Fire Department and then they run through eighteen (18) performance competencies.
Trustee Chessler made a motion that the Board approve the hiring of Scott Borojevich as a part-time probationary fire fighter EMT-P with the Perry Township Fire Department effective Tuesday, August 7, 2012, on a probationary period term and length to be determined by the Fire Chief; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Trustee Haines, yes.
Consider Hiring of Michael Cameron Part-time FF/ EMT-P
Chief Martin asked the Board to consider the hire of Michael Cameron as a part-time fire fighter EMT-P with total work hours not to exceed 1,500 hours per year. Mr. Cameron will be required to follow all the current requirements to be placed on probationary members. The probationary period will be based on the department skill competency evaluation. Chief Martin asked that Mr. Cameron be awarded all benefits applicable to part-time employees. Effective hiring date will be August 7, 2012.
Trustee Chessler made a supplemental motion that the Board impose on the hire if Scott Borojevich the policy that part-time employees can not exceed 1,500 work hours per year; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Trustee Haines, yes.
Trustee Chessler made a motion that the Board to approve the hire of Michael Cameron as a part-time probationary fire fighter EMT-P with the Perry Township Fire Department effective Tuesday, August 7, 2012, total work hours not to exceed 1,500 hours per year and a probationary period term and length to be determined by the Fire Chief; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Trustee Haines, yes.
Consider Purchase of Two (2) Sets of Personal Protective Gear
Chief Martin asked the Board to consider the purchase of two (2) sets of personal protective gear to outfit Mr. Borojevich and Mr. Cameron from Fire Force, Inc. The total cost not to exceed $3,004.00. Chief Martin provided the Board with four (4) quotes and Fire Force, Inc. provided the lowest quote.
Trustee Laubacher made a motion that the Board authorize the Fire Department to purchase two (2) sets of personal protective gear from Fire Force, Inc. at a total cost not to exceed $3,004.00; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Trustee Haines, yes.
Consider Authorizing Annual Fire Department Ladder Testing
Chief Martin asked the Board to authorize the annual, required and unfunded Fire Department ladder testing. This service comes at a total cost not to exceed $1,500.00. This testing is mandated in the Ohio Administrative Code. Chief Martin provided the Board with three (3) quotes and Consolidated Fleet Service came in with the lowest quote at $1,167.50. Chief Martin asked that the Board approve $1,500.00 just in case there is a repair needed.
Trustee Chessler made a motion that the Board approve the expenditure up to $1,500.00 and further authorize the Fire Chief to enter into an agreement with Consolidated Fleet Service for the required annual inspection and non-destructive testing on Perry Township Fire Department ground ladders and aerial apparatus under the terms that are set forth in the memorandum to the Board dated August 2, 2012; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Trustee Haines, yes.
Consider Signing Educational MOU with Columbia Southern University
Chief Martin asked the Board to consider signing an educational memorandum of understanding with Columbia Southern University. More and more education is being requested and a lot of people are completing courses online. Columbia Southern University offers programs that are very popular in the fire service. This is an opportunity to have a learning partnership between Columbia Southern University and the Perry Township Fire Department. There is no cost to the Township for the participation in this partnership. Chief Martin stated that the Fire Department employees can receive a discount on their tuition and books. This partnership and memorandum of understanding has been reviewed by Mr. Hall. Mr. Hall stated that this is a wonderful opportunity for those who want to pursue this on their own time. Not only will the employees receive a discount but there are online grants and waivers for the application fee and for the text books as well. Perry Township personnel will get their text books for free. This is a wonderful opportunity at no cost to the Township. Trustee Chessler inquired if it would be appropriate to have the Fire Chief sign the memorandum of understanding. Mr. Hall stated that would be fine.
Trustee Chessler made a motion that the Board authorize the Fire Chief to enter into an agreement on behalf of the Township with Columbia Southern University for the learning partnership program; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Trustee Haines, yes.
Police Department:
Consider HVAC Renovation for Dispatch
Chief Pomesky stated that he provided the Board with two (2) quotes for HVAC renovation for the dispatch room at the Police Department. A third vendor was asked to provide a quote but they still have not submitted one. Currently, the dispatch center is tied in with the administrative offices, copy room, records room and the lobby. The dispatch center is running consistently warmer than the other areas in the summertime and the other areas run consistently cooler because of the heat generated from the dispatch center during the winter months. The renovation will install a three (3) zone system that would allow it to channel the cool air and warm air where it is needed. Reliable Heating and Cooling quoted $2,387.00 and Finney Refrigeration quoted $2,704.00. Chief Pomesky asked the Board to accept the quote from Reliable Heating and Cooling at a cost not to exceed $2,387.00. One of the nice features that come from zoning the HVAC system is that it allows the Police Department to program the system so that during non-business hours un-occupied offices will not be cooled in the summertime or heated in the winter time to the extent of business hours.
Trustee Chessler made a motion that the Board authorize the Police Chief to take the steps necessary to enter into an agreement with Reliable Heating and Cooling for the zone heating and cooling proposal at a cost not to exceed $2,387.00; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Trustee Haines, yes.
Road Department:
Discussion Pertaining to Removal of Kropf Avenue SW and Beth Avenue SW from Centerline and Edge Lines Striping List
Mr. Masalko stated that this past summer the Road Department paved Kropf Avenue SW and the centerline and edge markings are gone. Traffic has been moving just fine through this area. Mr. Masalko stated that he spoke with the Stark County Traffic Engineers and asked if Kropf Avenue SW and Beth Avenue SW needed to be striped since they are low volume roads. The Traffic Engineer looked at the Traffic Control Manual which indicated that Kropf Avenue SW and Beth Avenue SW do not render centerline or edge markings because of low volume of travel. When the traffic study was completed, Kropf Avenue SW only had 1,100 cars per day and Beth Avenue SW only had 800 cars per day. Mr. Hall stated that the minimum traffic count to warrant centerline and edge markings is 4,000 cars per day. Mr. Hall indicated that this decision is within the discretion of the Road Superintendent. However, for as long as anyone can remember those streets did have centerline and edge markings. Mr. Hall suggested that Mr. Masalko bring this matter to the Board to get their consent and be reflected in the minutes so that if other streets in the future are determined to not be lined there will be a consistent policy. The Board indicated that they were on board with this request and gave consent for Mr. Masalko to move forward.
Law Director: None.
Zoning: None.
Parks/Recycling:
Consider Hiring Eric Coen as a Part-time Recycling Employee
Administrator Fetzer stated that Park Superintendent Kenny Shreffler is recommending the part-time hire of Eric Coen for the Park/ Recycling Department. Mr. Coen’s primary duties will be at the Recycling Station and as needed in the Park Department. Mr. Coen will be returning to Muskingum University on August 25 but will be available to come back every summer and during breaks from school. Mr. Shreffler was impressed with Mr. Coen during the interview process. Mr. Coen is highly recommended by Mr. Ryan at Perry High School. The effective hire date for Mr. Coen is August 8, 2012.
In the past four (4) years, seven (7) park/ recycling employees have left and have not been replaced. Mr. Coen will be filling the vacant position of Mr. Bill Neider who recently retired. Trustee Chessler inquired about the part-time employee 1,500 hours per year requirement. Mr. Hall stated that the Board should go ahead and make that a requirement during the motion for hire.
Trustee Chessler made a motion that the Board hire Eric Coen as a part-time employee with the Perry Township Park/ Recycling Department under the direct supervision of the Park Superintendent to be paid an hourly rate of $8.26, work hours not to exceed 1,500 hours per year effective August 8, 2012; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Trustee Haines, yes.
Executive Session(s): None.
Department Matters Not Requiring Board Action:
Administration: None.
Fire Department: None.
Parks/Recycling: None.
Police Department:
Submission of June Monthly Stats
Road Department: None.
Zoning: None.
Law Director: None.
Upcoming Events: None.
Public Speaks-Open Forum:
Timothy Blythe- 2956 Bridgeton St. NW. Mr. Blythe asked the Board to provide explanation to the memorandum that he sent regarding street lighting. Trustee Chessler stated that it would be best to address the questions one by one. Mr. Blythe inquired why the Township is paying 36% of the Aurora Lighting District cost. Trustee Chessler asked Mr. Blythe to address the issue of street lighting first since the Board has not collectively met or discussed any matters since the last meeting of July 17, 2012. Trustee Laubacher has been going over maps, gathering information and putting together the Board’s investigation. Trustee Chessler stated that all of the questions asked by Mr. Blythe are good questions and they will be answered but the Board is still working on getting their arms around the whole thing. Trustee Laubacher stated that he currently only has the maps provided by American Electric Power (AEP). Mr. Martinez from First Energy has been out of the country but sent an email indicating that he will get back with Trustee Laubacher when he returns. Mr. Blythe stated that it would be wise for the Board to address these concerns so that they are not overwhelmed by AEP and First Energy at the same time. Trustee Laubacher stated that is correct and Trustee Chessler had suggested that the Board discuss these concerns at next weeks work session. Trustee Chessler stated that as this matter is looked into more and more the Board is coming to the realization that it has been this way for a very long time unbeknown to them. The Township is expending a lot of money for something like this that can no longer be afforded. Over the course of time, these areas have been created by the requests of residents who probably want and need these lights. The Township wants to give these residents the opportunity to keep these lights on if they want to pay for them. Trustee Chessler stated that this is going to be a big project to identify areas with lights that can be turned off if nobody wants to take responsibility for them. There are other areas where people have banded together and come to the Board requesting “Lighting Districts” and it is only fair to notify and give opportunity for those to pay before the lights are turned off.
Mr. Blythe inquired why people are not paying for the “Lighting Districts” if they agreed to pay for an assessment. Trustee Haines explained that there are different things out there that are happening with the lighting. Some are lighting districts out there that are properly funded. Some may be under-funded on old tax bases. There are lights that are on county roads that will be looked at. There are lights in some neighborhoods where money was devoted to those “Lighting Districts.” Mr. Blythe inquired how the Board can determine if a “Lighting District” is properly funded when the Township only has two (2) “Lighting Districts” that have assessments. Trustee Haines stated that is what the Board is looking into and trying to determine. Mr. Blythe stated that one of the “Lighting Districts” is paid for out of the General Fund and there is no way to determine if it is properly funded. Trustee Haines stated that is correct but that is what the Board needs to determine so that they can find out what that funding is. Part of the process is looking at the bills, determining the location of the lights and the Board as a whole will make a decision. Some of the residents will have the opportunity to make the decision of whether or not they would like to keep the lights on in their neighborhood through a “Lighting District” that will be assessed properly before the lights are just shut off. This will be on the agenda for further discussion at next weeks work session. Mr. Blythe stated that he is disappointed and it seems as if the Board is dragging their feet on this because he has been talking to Mr. Schlegel about this for quite awhile. Trustee Laubacher stated that he and the other Board members don’t know how all of this came about but in doing some research through old records it was found that some areas were suppose to be set up as “Lighting Districts,” but they never were for whatever reason. Some where along the line someone dropped the ball and the “Lighting District” wasn’t set up when it should have been. Trustee Haines stated that the Board needs to be uniform in what they decide to do.
Trustee Laubacher stated that you also have to look at the lights from a safety stand point. Mr. Blythe stated that he understands that. Trustee Chessler stated that in the past when people petitioned for “Lighting Districts” the Board looked at whether the people were looking to illuminate their home or if it was illuminating the roadway for safety reasons. If it was found that there was just as much benefit to the motorists then that is when the Township would agree to undertake the costs. Mr. Blythe stated that he doesn’t disagree with that but if the Board would educate themselves and look at where the poles are and actually physically look at the lights they would see there are areas being lit that don’t need to be. There are areas that border Canton City and Canton Township and it is ridiculous. Trustee Haines stated that when the funds were more plentiful it was easier to light areas to benefit the residents. Mr. Blythe stated that when the funds are rolling in and the lights are turned on it doesn’t make the Township fiscally responsible. Trustee Haines stated that the Township did that to take care of the residents but there are times when the Township has to pull back.
Trustee Chessler stated that the Township is looking everywhere to start cutting things that are not essential because of the cuts to the General Fund. Trustee Laubacher stated that due to the Sunshine Laws he is not able to sit down with the other Board members outside of a meeting and discuss this matter. Trustee Chessler stated that is why this matter will be placed on the agenda for the work session so that the Board can sit down and discuss this at length and in detail with one another. Mr. Hall stated that when government acts there is due process that has to take place. The first step is to identify the lights that are necessary and not necessary. More importantly within due process is to give the residents who have grown accustomed to having the benefit of street lighting notice that the lights may be turned off and give them the opportunity to step forward and say whether or not they are ok with it and if not give them the opportunity to petition for a “Lighting District.” That is what due process is; identification, notice and opportunity. Mr. Hall stated that as a private business owner, Mr. Blythe can make a decision and run with it. In Township government there are open meeting laws and there are times things take a little bit longer to address. Mr. Blythe inquired how long it takes to turn off lights that Perry Township is paying for in other jurisdictions. Mr. Hall stated that Perry Township is only paying for lights within Perry Township. Mr. Blythe told Mr. Hall to ask Trustee Laubacher if Perry Township is paying for lights in other jurisdictions. Trustee Haines stated that there are lights that border Canton City and Canton Township that Perry Township is currently paying for. Mr. Hall stated that is a problem and the Township could potentially recoup the costs from the utility company.
Trustee Chessler inquired if Mr. Blythe had anything else he would like to discuss. Mr. Blythe stated that he knows why the other people are here but he’ll go ahead and start. Mr. Blythe provided the Board with some pictures and stated that he had the opportunity to talk with Mr. Weckbacher over the past couple of months. Mr. Blythe stated that Mr. Weckbacher has told him that his hands are kind of tied when it comes to some of the things that go on in the Zoning Department. Mr. Blythe stated that he has taken pictures of garbage properties within the Township and provided them to the Board. Trustee Haines inquired if Mr. Weckbacher is aware of the properties in the pictures. Mr. Blythe stated that Mr. Weckbacher does not want to make himself aware of them. Mr. Blythe stated that when he tries to make Mr. Weckbacher aware of them he tells him that the only thing he can handle is areas on the north and south side of Lincoln Way/ W. Tuscarawas within Perry Township and he mentioned something about Navarre Road. Mr. Blythe stated that he requested a copy of the Perry Township Zoning Resolution and when he went through it he did not find one thing about Navarre Road. Mr. Blythe stated that the only thing he can find that talks about the west side of Whipple Avenue, W. Tuscarawas and Lincoln Way is the summary abatement of nuisances which will take a Law Director to find out what that is. Mr. Blythe stated that the enforcement authority, the zoning inspector or designee as the code official shall be responsible for the administration and enforcement of this resolution. This resolution talks about the definition of what “junk” is. Mr. Blythe stated that when he talked to Mr. Weckbacher last Thursday he explained that just because he thinks its junk that person may not think that it is junk. Mr. Blythe stated that the scrap heap of an earth mover that has been sitting on Southway for ten (10) years with more shrubbery growing on the unit than off the unit is junk. The rotted wood that is dangerously hanging off of the side of a building is junk. These properties are dangerous for any safety forces to even to go because they are a death trap. Mr. Blythe stated that when he asked Mr. Weckbacher about a property on 18th Street he said that he has no reason to go down 18th Street. He’s the Zoning Inspector and he has a reason to drive down every street in the Township. Mr. Blythe stated that is a cop out and he is tired of it. Mr. Blythe stated that he drives down that street everyday and it looks like a dump. Mr. Blythe stated as a business owner on Southway he looks at the other properties and thinks why should he take care of his property or why should he mow his grass or put a roof on the building. That roof hasn’t been there for ten (10) years. Mr. Blythe stated that he didn’t bring up W. Tuscarawas because he knows the others in the audience are going to talk about that and they can harp about W. Tuscarawas. Mr. Blythe stated that he is looking at other areas of the Township.
Mr. Hall inquired if Mr. Blythe was referring to the Residential Maintenance Code or the Commercial Maintenance Code. Mr. Blythe stated both. Mr. Hall stated that he would have to go back and look for sure but the Commercial Maintenance Code is limited to certain streets and areas of the Township. Mr. Blythe inquired why the Township would limit the enforcement of code violations within two streets of the Township. Mr. Hall stated that he would have to go back and review the minutes from the meeting but at the time that is where the majority of the businesses were located. Trustee Chessler stated that the pictures speak for themselves. Mr. Blythe stated that he would be more than happy to take the Board to any of the properties from the pictures if they want to go take a look at them.
Trustee Chessler stated that he helped write the adoption of the Residential Maintenance Code because the Township needed the tools to deal with junk residential properties. The Township then branched out to adopt minimum standards for exterior maintenance of commercial buildings. The Township does not and has never had the man power or ability to do a comprehensive, systematic monitoring of every property in Perry Township. Perry Township is like everywhere else in that we are complaint generated. Trustee Chessler stated that he will take what Mr. Blythe is submitting tonight as a complaint and the Board will deal with those properties. Mr. Blythe stated that Mr. Weckbacher has said that he has so much busy work with sending out letters and other administrative tasks. Mr. Blythe stated that he knows those letters are form letters and there is no reason the Zoning Inspector should be doing those letters when there is an Administrative Assistant in the office. Trustee Chessler stated that Mr. Blythe’s point is well taken but if it appears as though it is a matter of neglect the Township does not go out looking for violations. If there is a complaint, the Zoning Inspectors duty and responsibility is to investigate it. Mr. Blythe stated that he will agree to disagree. Trustee Chessler explained that when the Township takes on these big projects it is a massive thing that takes a lot of resources from an entity where there are limited resources. Trustee Chessler stated that Mr. Blythe’s points are well taken and the Township will do it.
Jennifer Flickinger- Miller- 160 Rowmont Avenue SW. Ms. Flickinger stated that she took pictures of the Lincoln Way corridor where the new utilities poles are being put up and inquired if the old ones would be taken down. Trustee Laubacher stated that the old poles will be taken down after the work is completed in that area. Trustee Laubacher stated that he and Mr. Masalko attended the pre-construction meeting at the Ohio Department of Transportation (ODOT) last week and since the utility work has not been done in this area they have a contract to begin the road re-surfacing and piping on SR 172 from Eden to Woodlawn. The work will not begin until next spring. The reason being is that AT&T has not yet completed their portion of the work that needs to be done in that area.
Carole Mariol- 3124 Buckwalter Drive SW. Ms. Mariol stated that there is a page on Facebook called “Growing up in Perry” and Ms. Flickinger had uploaded some pictures of the corridor. Also, there was a class reunion that took place where man y of the attendees made comments about how awful the corridor has become over the years. Ms. Mariol stated that this has been bothering her for years and found this to be the perfect time to bring it up. There were several others on the Facebook page that thought it would be a good idea to come to a Township meeting to find out what can be done about the corridor. Ms. Mariol stated that she is embarrassed that people she invites to her home have to drive down the corridor to get there. It has become horrendous over the years. Ms. Mariol stated that Trustee Chessler stated years ago that things were going to be done to improve the corridor and nothing was ever done. Ms. Mariol inquired if there were fines that could be applied if they don’t keep their properties maintained. Trustee Chessler stated that in the past he helped push for a Lincoln Way corridor improvement and that coincided in time with the demolition and construction of Fisher Foods. Trustee Chessler stated that when Ms. Mariol stated that nothing got done he would have to disagree. A small portion of an improvement project was completed to improve the decorative lighting and intersection improvements 100 feet to the west of Whipple Avenue on W. Tuscarawas. Trustee Chessler stated that he got the skin pealed off of him for wanting to use any Township resources to make any improvements along the corridor. Ms. Mariol inquired by whom. Trustee Chessler stated that it was approximately nine (9) months later when he went campaigning door to door and forty (40) percent of the residents shooed him off their porches and were very disdainful of the fact that Township government was putting any financial support toward improvements along the state route. Trustee Chessler stated that he has passed his point of outrage on how bad the corridor looks. It really does look bad. Trustee Chessler inquired what suggestions people have in order to improve the corridor. Ms. Mariol stated that is why they are here because they don’t know what to do. Trustee Chessler stated that when he went and tried to include the electric companies he got the equivalent of “we’ll do whatever we want to do with our poles when we want to do it and the idea of putting underground poles like they do in other communities isn’t going to happen.” Ms. Mariol stated that the poles are only one problem. Trustee Chessler stated that they had a meeting with the people from ODOT, “Corridor Management,” to discuss some type of program that they have employed in other places to widen the access points and do things that are not only visually appeasing but efficient in moving traffic. The Township was told that wasn’t in the works or coming on for Perry Township. Those decisions for improving the look, traffic flow, aesthetic appearance, and putting the utilities underground are to be made by the utility companies and the State of Ohio. The Board of Trustees does not have a seat at the table there. As far as the conditions that exist with the businesses, again Trustee Chessler would ask what you say your government will force a property owner to do. Ms. Mariol stated that she thinks the property owners themselves should be responsible for the upkeep of their properties whether they are being used or not. The building behind Lincoln Way Pizza is completely boarded up and it has been empty for years and it looks like crap. Then you have the Perry Inn and it looks disgusting. Mr. Hall said that when a window is broken it gets boarded up. That is what the Township does and what is required under the property maintenance code. Mr. Blythe stated that the code states that it has to be painted the same color as the building so that it doesn’t look like crap. Mr. Hall stated that it is a matter of economics and the Township does not regulate aesthetics. The Township is prohibited by state law from adopting an aesthetic code. Ms. Mariol inquired if people could be fined for not taking care of their properties. Mr. Hall stated that the way the Township fines people is by filing a law suit, taking them to court and getting a court order/ judgment. This takes a matter of months and then the fines are assessed. Ms. Mariol stated that this should have been done a long time ago and then a lot of these problems wouldn’t be a problem anymore. Mr. Hall stated that then the Township will find an absentee land owners, a property that is in foreclosure or a bank that has started the foreclosure process and has a judgment but has never recorded the deed. Ms. Mariol stated that the Perry Inn is a working business where people are coming and staying and the whole entire building is terrible. It’s deteriorating, awful and embarrassing. Mr. Hall stated that he understands that but the Township does not regulate aesthetics. Ms. Mariol inquired what could be done about it then. Mr. Hall stated that the City of Massillon has true home rule authority and they can do things that the Township can not do. The Township can not take someone to court to have them paint their building. Mr. Blythe inquired what Jackson Township does. Mr. Hall stated that Jackson Township’s Residential Maintenance Code is very similar to Perry Township. Mr. Blythe stated that the only difference is that Jackson Township enforces the code. Mr. Hall stated that the difference is economics. Jackson Township doesn’t have a Mills Motel or a Perry Inn. Based upon the economy in this county right now if Jackson Township had a Perry Inn or a Mills Motel it would look just like these.
Dave Miller- 160 Rowmont Avenue SW. Mr. Miller told the Board to put themselves in the shoes of people coming from out town or moving into the area. Mr. Hall stated that he is in step with the Board and recognizes the concerns being presented. The Board of Trustees shares those same concerns. The question becomes what it is that everyone wants the Township to do. You can not make someone paint their building. You can not make someone put a new roof on their building. Ms. Mariol stated that they could enforce the beautification of Perry Township. Mr. Hall inquired how that is going to be funded or who is going to pay for that. Ms. Mariol stated that what is being said is that Perry Township is going to keep going down hill and looking terrible. Mr. Hall stated that the things that can be addressed will be addressed. The junk, the trash, the debris, the tarps on the roof, the broken windows and the falling gutters/ down spouts are all things that can be addressed. Some of the aesthetics that people are addressing this evening are outside of the Board’s authority and jurisdiction to enforce.
Mr. Blythe stated that the Township can not be reactive and be complaint based enforcement. In January, February and March there were about three (3) complaint letters sent out. There is plenty of time in January, February and March to be taking care of issues like that. Mr. Blythe stated that in June, July and August people are building sheds, decks, pools and all of those things that the Zoning Inspector is working his tail off. Not working his tail off, but diligently trying to get his work done. Mr. Blythe stated that you can’t tell him that there isn’t some lull time in the off months that he can’t go out and try to take care of some of these issues. Mr. Blythe stated that he can’t believe that every single person that receives a complaint letter is going to take it to the court of appeals. Most people that get a letter telling them to mow their grass or fix their roof are going to do it because they don’t want to go through that problem. There are some dirt bags out there that are willing to take it to the end.
Mr. Hall stated that for example there is a property on 15th Street SW where the Township has a court order. The gentleman is truly in destitute and has no funds. The Township does not have the money to do it. The Township can not dip into the General Fund to put a new roof on this house. The Township has directed him to every social service agency available. There are simply no funds available to do it. Currently, Mr. Weckbacher is putting together a property demolition list and that property will probably be on it. Mr. Hall stated that Trustee Laubacher went with a crew to a property on the NW and had the property all cleaned up. The Township then filed an assessment with the court, the property went into despair again and since then the gentleman has passed away. Now the Township is going through that process and the house is in foreclosure. Mr. Hall stated that it’s one of those things where he feels badly for those people who live right around this residence because they are the ones that have to look at it everyday. The problem becomes how can the Township justify using tax payer dollars to improve this gentleman’s house. When you go to get a court order and you get into the financials, you find out that the reason the house is in that condition is because that person truly can’t afford it. It is really a catch 22 situation. This is another property that will be put on the demolition list.
Mr. Blythe stated that though he agrees with that, those are examples on the far side of the spectrum. There are a ton that are right smack dab in the middle, that a simple letter could make people aware of issues that need to be taken care of. Trustee Chessler stated that the Township can only do so much but he hears everyone asking them to do that; declare war on Lincoln Way and let’s go from one end to the other and see how much can be cleaned up. Mr. Blythe said amen. Trustee Chessler asked everyone to understand that the Board has a limited authority and limited ability to change things on a state route. Ms. Mariol stated that is why they are here. Trustee Chessler stated that the Township has some tools to work with in a systematic way. Trustee Haines stated that there are some things that can be addressed that are fairly easy as far as properties being mowed. The Township has cut a fair share of properties this year and then that gets assessed against their taxes. Mr. Hall stated that the Board understands that the residents are asking for aggressive enforcement. Ms. Mariol stated that the Township needs to take some pride and do it.
Dan Flickinger- 5272 Burlawn St. NW. Mr. Flickinger stated that he understands that the economy is bad and everybody has felt that crunch. That doesn’t excuse the property owner from keeping their place up. Mr. Flickinger stated that he doesn’t want the Township to be known for this. Mr. Flickinger asked what can be done and if the people could do something. Mr. Flickinger stated that he doesn’t want to get to that point because that is a black eye. But at the same time doing nothing is also a black eye. Some paint, trimming of hedges, weed whacking and cleaning up could help. The hotel by the car wash was painted several years back and it helped for awhile but nothing has been done since. It’s all aesthetics. DD Stutz restaurant has been three or four restaurants over the years. If you can’t keep a restaurant in it, fine. Keep the lease sign up but paint the place and weed whack the weeds that are four (4) feet high. It’s pretty sad but that is what people think about Perry Township. Mr. Flickinger stated that he never wanted to leave Perry Township but then you have people coming back into town and can’t believe how bad it has gotten. Mr. Flickinger stated that he understands that the Board can not legislate and make all of these things happen. Mr. Flickinger inquired if the Township has any leverage because of the criminal activity that goes on at the hotels to force the clean up or to put them out of business. Trustee Chessler stated that those are separate things. Mr. Flickinger stated that they may be separate but they are not separate for the people that live here because one feeds off of the other. Mr. Flickinger stated that they all like living in the Township but they want to see it continue to thrive.
Bard Huntsman- 4025 Prosway SW. Mr. Huntsman suggested getting paint donated or using the schools building program to help take care of some of these problems. The Township and the schools could work together like they have on other projects. Trustee Chessler stated that is a very good idea and that could be pursued. Experience tells that it is difficult to find a person that is in charge of the buildings that are deteriorated or a cooperative/ willing land owner to allow people to come onto their properties and improve their buildings. Trustee Chessler stated that they will go down Lincoln Way in a systematic way and try to address the aesthetics to the extent that the Township is allowed.
Ernie Sellers- 4476 Barbie Ave. SW. Mr. Sellers stated that in June and July a zoning request was applied for regarding a garage that is oversized. Eleven (11) people came in to speak against the request and it got approved anyways. Eleven (11) people came in to voice their opinions against a zoning regulation and they get shot down. It’s kind of like bull crap. Trustee Chessler inquired if they spoke to the Board of Zoning Appeals or the Zoning Commission. Mr. Sellers stated that it was the Board of Zoning Appeals. Trustee Chessler stated that the Board of Trustees appoints the members of the Board of Zoning Appeals but the decisions that they make are independent of the Trustee’s oversight. If anyone disagreed with the decision of the Board of Zoning Appeals they would have to file with the court. Trustee Chessler stated that he is not familiar with the particulars of this case. Mr. Hall stated that there was a variance application to build this garage but he was not present at the hearing. Mr. Sellers stated that the case was heard twice and both times the surrounding residents came to express their concerns but the variance was approved anyways.
Jean Sellers- 4476 Barbie Ave. SW. Mrs. Sellers stated that the garage will be an eyesore in their neighborhood. Why send the letters if the opinions of the surrounding residents are not going to make a difference in the decision of the Board of Zoning Appeals. Trustee Haines inquired what the purpose of the larger garage is. Mrs. Sellers stated that the gentleman stated that he has a bad back and needed bigger doors to access the garage. Everyone in the neighborhood has complied with the zoning regulations and he should have to do the same thing. This gentleman hasn’t even lived in this neighborhood for a year and he’s already making changes. There is one neighbor that got a variance for a garage but the garage sits directly behind their home and is hidden. Mrs. Sellers stated that they asked if the members of the Zoning Board drove through the neighborhood to look at the area and Mr. Weckbacher stated that he did. Mrs. Sellers stated that they don’t know what to do. Mr. Hall stated that he will look into the case and get back to the Board through memorandum. Then the Board can respond appropriately to Mr. and Mrs. Sellers’ questions. Trustee Laubacher inquired if the Board could send this gentleman a letter asking him not to start on the construction of the garage. Mr. Hall stated that the Board can not stop the construction of the garage nor do they have the authority to appeal the decision. Trustee Laubacher inquired who has the authority to appeal it. Mr. Hall stated that those who spoke against the variance can appeal the decision of the Board of Appeals through the Court of Common Pleas. Mr. Hall stated that he will look into this matter and get an answer back to the Board promptly.
Vicky Rittmaier- 4447 Shirlie Ave. SW. Ms. Rittmaier stated that she spoke against the requested variance for the garage. The garage is going to be bigger than the house and is an eyesore. Ms. Rittmaier stated that she called and spoke with Mr. Hall about this case. Ms. Rittmaier stated that she asked Mr. Weckbacher for copies of the minutes from both meetings and she still has not received them. Trustee Chessler asked Administrator Fetzer to make note and the Board will make sure that the minutes are forwarded to Ms. Rittmaier.
Adjournment:
With nothing further to come before the Board, Trustee Laubacher made a motion to adjourn the meeting at 8:40pm; Seconded by Trustee Haines.
ROLL CALL: Mr. Chessler, yes. Mr. Laubacher, yes. Mr. Haines, yes.
Craig E. Chessler, President
Joe Schlegel, Fiscal Officer