Regular Meeting
Perry Township Board of Trustees
Regular Meeting
November 16, 2010 7:00pm
Call to Order/Pledge of Allegiance:
Excused absence: None.
Additions/Deletions to Agenda:
Trustee Chessler stated that there is a matter under the Fire Department regarding the consideration of creating a committee to research a joint Perry Police and Fire Dispatch. Trustee Chessler stated that there have been meetings that have taken place that he has not been privy to and that he has been unable to gather in the last day or so the information that he needs so that he understands this matter. Trustee Chessler requested that this matter be tabled until the next meeting.
Trustee Chessler made a motion to delete the matter under the Fire Department regarding the consideration of creating a committee to research a joint Perry Police and Fire Dispatch; Seconded by Trustee Capaldi.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, no. Mr. Chessler, yes
Trustee Capaldi made a motion to add the R.G. Drage Annexation area snow removal agreement to the agenda; Seconded by Trustee Chessler.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes
Public Hearings/Invited Guests:
Hearing- Case PE 04-10A Zone Change- Waikem Property on Zern Avenue SW
Trustee Capaldi stated that the Zoning Commission met on October 21, 2010 and approved the zone change request. The Perry Township Board of Trustees has been given a copy of the minutes from the Zoning Commission meeting for their review.
Mr. Weckbacher stated that on September 13, 2010 Waikem Properties made an application for a zone change of 204 Zern Avenue SW. The house on the property was razed and the lot in now vacant. Waikem Properties previously made an application for a conditional use permit through the Board of Zoning Appeals to be able to use that vacant lot as a parking lot. The Board of Zoning Appeals denied the conditional use permit and that is when Waikem Properties came in and asked for a zone change.
Mr. Weckbacher stated that the Regional Planning Commission recommended approval with a modification. The Regional Planning Commission suggested that the property be rezoned to R-4 or R-5 instead of B-2. The Zoning Commission informed Waikem Properties that they were able to change their application if they wanted to go with the recommendation of the Regional Planning Commission but they decided that they wanted to stay with their original application to re-zone to B-2. The Zoning Commission voted unanimously to approve the zone change to B-2 Commercial.
Trustee Capaldi asked if there was anyone in the audience to speak in favor of the zone change. Trustee Chessler requested that the Board recess this matter until Mr. Waikem is present. The Board agreed to continue this matter later in the meeting.
Communications: None.
Public Speaks on items up for Board Approval: None.
Township Business requiring Board Action:
Unfinished Business: None.
New Business:
Trustee Capaldi made a motion to approve bills in the amount of $38,968.75 for the week ending November 16, 2010; Seconded by Trustee Chessler.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Fiscal Officer:
Trustee Chessler made a motion to approve the minutes from the November 9, 2010 Work Session minutes as revised; Seconded by Trustee Capaldi.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Administration:
Consider Request for Cemetery Plots
Administrator Fetzer stated that Miss Dean, Cemetery Sexton, received a requested from Mrs. Patricia Krantz for two (2) free cemetery plots at Richville Cemetery. Miss Dean asked Mrs. Krantz to put her request in writing. The Board received a copy of the letter from Mrs. Krantz. Administrator Fetzer explained that a public notice was in the paper in July 2008 asking those who were promised free plots to come forward and Mr. and Mrs. Krantz were not on that list. Trustee Capaldi asked if anyone would like to address the Board on this matter.
Jim & Patricia Krantz- 5830 Richville Dr. SW. Mrs. Krantz stated that she was not aware of the public notice and that she did not see it in the paper. Mr. Krantz stated that he did not know about it until he talked to his cousin Ruth Braid.
Mr. Hall stated that free plots have been granted to those who claim they had been promised or believed that they had a right based upon their prior residency in Richville. Mr. Krantz stated that the Richville Cemetery land use to be owned by his grandfather. Trustee Chessler inquired if the Krantz’s were able to identify lots at the cemetery. Mr. Krantz stated that Miss Dean helped them identify plots on the map. Trustee Chessler inquired if the Krantz’s were aware of when the transfer or the conveyance would have taken place. Mr. Krantz stated that he was not sure but it was a long time ago.
Trustee Chessler inquired if there was a way for the Board to make an exception without swallowing the rule. Mr. Hall stated that the Board could rely on the fact that the Krantz family did donate the original land and limit it to that. Trustee Capaldi inquired if that could be validated. Mr. Hall stated that in Township records it was dedicated as a public cemetery.
Trustee Chessler made a motion that the Board authorize the granting of the request of the Krantz’s for two (2) free burial plots at Richville Cemetery based on the fact that their family has made the land donation for which the cemetery exists now; Seconded by Trustee Laubacher.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Consider Accepting Guidelines as Submitted by ODOT Regarding the Closing SR 172 from Saratoga to Delverne Avenue in Recognition of the Turkey Trot on Thursday, November, 25, 2010 from 7:30am to 10:00am
Administrator Fetzer stated that the 14th Annual Turkey Trot will take place on Thanksgiving morning November 25, 2010 from 8:30a to 10:00am. The Ohio Department of Transportation (ODOT) has sent the Board a document regarding permission to grant the road closing request for SR 172 from Saratoga Avenue to Delverne Avenue. Administrator Fetzer stated that last year the Board made a motion to accept ODOT’s recommendation.
Trustee Laubacher made a motion that the Board accept the recommendation of ODOT regarding the closing of SR 172 on Thursday, November 25, 2010 from Saratoga Avenue to Delverne Avenue from 7:30am until 10:00am; Seconded by Trustee Chessler.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Trustee Laubacher made a motion that the Board close the following roads: Bordner, 13th Street, Western, 15th Street, Fairlane, 12th Street, 7th Street, 11th Street, Delverne, Miles, Elwood and Manor; Seconded by Trustee Capaldi.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Hearing- Case PE 04-10A Zone Change- Waikem Property on Zern Avenue SW- Continued
Trustee Capaldi explained to Mr. Waikem that Mr. Weckbacher had gone over the case and the recommendation from the Regional Planning Commission. Trustee Capaldi gave Mr. Waikem the opportunity to speak in regards to case PE 04-10A Zone Change- Waikem Property on Zern Avenue SW.
Mr. Waikem stated that Waikem Properties would like to expand their Subaru dealership. Waikem Properties purchased two (2) properties to the south of their Subaru dealership. One was to expand the parking lot and the other property serves as a buffer. Mr. Waikem stated that they are well aware of what they have to do as far as in between Zern and the parking lot for landscaping. There will be no additional lighting. Mr. Waikem stated that business has been very good with their franchises.
Trustee Capaldi stated that there was a recommendation by the Regional Planning Commission to approve the zone change with modification to R-4 or R-5 instead of B-2. Mr. Waikem stated that originally Waikem Properties applied for a conditional use permit to use the vacant lot as a parking lot. The conditional use permit got denied. Mr. Waikem stated that their attorney advised them to move forward with the zone change to B-2 Commercial to avoid having to go through all the different Board’s in the future. Mr. Waikem stated that they try to be good neighbors but it is difficult to make everybody happy. Trustee Chessler inquired about the property leased west of Zern abutting SR 172. Mr. Waikem stated that they lease the parking lot from Demetries Deli.
Trustee Capaldi asked if there was anyone in the audience wishing to speak against the zone change.
Robert Samblanet- 217 Zern Avenue SW. Mr. Samblanet addressed his concerns with Waikem Properties in regards to them not being good neighbors, the opening of 12th St. SW and the loudspeakers at the dealerships. Trustee Capaldi inquired how the zone change would affect the issue with 12th St. SW and the loudspeaker. Mr. Samblanet stated that everything affects his property.
Trustee Capaldi inquired about background information regarding the opening of 12th St. SW. Mr. Hall stated that there was a petition in regards to the opening/closing of 12th St. SW and based upon the research and certain provisions within the Ohio Revised Code (O.R.C.) it was required that the street be opened to the public. There was no provision to close the street. Mr. Hall stated that at one time there was a request to barricade the street or add speed bumps but both requests are prohibited by law.
Marie Tighe- 223 Zern Avenue SW. Mrs. Tighe addressed her concerns with the Waikem Properties. Mrs. Tighe stated that an additional parking lot is not needed on their street because the traffic is bad enough already.
Trustee Capaldi inquired how far south the business district goes as far as parcels. Mr. Weckbacher stated that when the business district was zoned it went one (1) parcel deep. Mr. Hall stated that it was a determination by the Zoning Commission in 1987-1988 to re-zone Lincoln Way from the Massillon border to the Canton border to commercial. Rather than surveying every property north and south on Lincoln Way the determination was to go back to the property line which is why it is jagged. Trustee Capaldi verified that there is not a straight line of demarcation because of where the set backs are. Mr. Hall stated that was correct.
Trustee Capaldi stated that she is puzzled as to why the Waikem’s want to re-zone to B-2 if their only intentions for the lot is to use it as a parking lot. Mr. Waikem stated that he hopes that Waikem Properties continues to expand and that the lot may not always just be a parking lot. Waikem Properties would rather have the lot changed to B-2 Commercial now so that they do not have to come back before the Boards in the future.
Trustee Chessler stated that he was truly mystified when he read the transcript of the Board of Zoning Appeals. If the nature of the objection was to not allow the furtherance of commercial zoning the better way to do that would have been the restrictions enclosed by a conditional use permit. Trustee Chessler stated that he saw no basis in the entire transcript for the Board of Zoning Appeals to do what they did. So the option that was available in this case was for the applicant to come back and seek something with less restriction and move from a residential classification to a commercial classification. The Board is not initiating this zone change but the Board is being asked to look at an area that is not uniform along Lincoln Way. Some areas are deeper than others but in this particular area if you look to the east, it is red which indicates a business classification much further back. Trustee Chessler does not believe this to be an issue of spot zoning because this is just a small addition onto an existing, rather substantial commercial area.
Trustee Capaldi stated that in reading the transcripts and listening to the testimonies given at the meeting the objections to the lot are not directly related to changing the zoning but rather to the operation of a business within a partial residential district. Trustee Chessler stated that he agreed with Trustee Capaldi one hundred (100) percent and what he saw in the hearing of the Board of Zoning Appeals, that got out of control, was a referendum on many years of things that have taken place in that area and not a scintilla of evidence of how that conditional use permit would adversely affect what is around it. Trustee Chessler stated that he is hearing objections that are based on the existing amount of traffic and the existing amount of noise. None of which has anything to do with the change of the zoning classification for this particular lot.
Trustee Laubacher inquired when the Waikem’s could begin parking on the lot. Mr. Weckbacher stated that if the zone change is approved then it goes into affect after thirty (30) days.
Trustee Chessler made a motion that the Board of Trustees affirm the decision of the Zoning Commission of October 21, 2010 for the zone change; Seconded by Trustee Laubacher.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Fire Department:
Consider Purchase of Turnout Gear
Chief Martin stated that the Fire Department is requesting that the Board consider the purchase of forty (40) sets of turn out gear from Fire Force, Inc. at a cost not to exceed $55,160.00. Fire Force, Inc. has met the minimum specifications required.
Trustee Capaldi made a motion that the Board purchase forty (40) sets of structural firefighting personal protective turnout gear from Fire Force, Inc. in the amount of $55,160.00; Seconded by Trustee Laubacher.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Police Department:
Consider Emergi Tech Agreement
Trustee Capaldi made a motion that the Board enter into an annual maintenance agreement for Emergi Tech, Inc. at the cost of $3,255.97; Seconded by Trustee Chessler.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Road Department:
Consider the Purchase of a 2011 Ford F550 Cab and Chassis
Mr. Masalko asked the Board to consider the purchase of a 2011 Ford F550 cab and chassis to replace a 1991 one ton dump truck. Two quotes were obtained:
|
Company |
Quote |
|
Waikem Ford |
$32,701.80 |
|
Valley Ford |
$38,042.00 |
Trustee Chessler inquired if this is through state purchasing. Mr. Masalko stated that Valley Ford is through state purchasing but Waikem Ford came in cheaper. Trustee Capaldi stated that this is a proper expenditure because it is below state purchasing.
Trustee Laubacher made a motion that the Board authorize the Road Department to purchase a 2011 Ford F550 cab and chassis which is to replace the 1991 one ton dump truck from Waikem Ford at a bid of $32,701.80; Seconded by Trustee Chessler.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
R.G. Drage Annexation Snow Removal Agreement
Mr. Hall stated that he and Mr. Masalko previously negotiated service agreements on part of the city streets and township roads known as the R.G. Drage Annexation Area. Mr. Masalko and Administrator Fetzer negotiated the agreement. Mr. Hall stated that he drafted the agreement. The City of Massillon approved the agreement and is awaiting the approval of the Board.
Trustee Capaldi made a motion that the Perry Township Board of Trustees enter into an agreement with the City of Massillon, Ohio for snow removal on the listed streets within the agreement; Seconded by Trustee Chessler.
Trustee Capaldi stated that the agreement reiterates that this is for snow removal only and no other services. Any party can terminate the agreement upon written notice. The primary reason is to assure that the residents are satisfied with the services by the other political subdivision.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Law Director: None.
Zoning: None.
Parks:
Consider Appointment of a Part-time Roll-Off Driver
Mr. Shreffler, Parks/Recycling Superintendent, asked the Board to consider appointing John Edwards to the permanent position of part-time roll-off driver. Trustee Capaldi stated that the discussion of having a permanent roll-off driver would allow the Parks/Recycling Superintendent to be on-site more for direct supervision of the staff and the dedication of someone to drive the roll-off truck. The Board has a copy of the roll-off driver job description for their consideration and review with the recommendation of John Edwards.
Trustee Chessler suggested that a motion be made to create the position before the Board appoints Mr. Edwards. Mr. Halls stated that he has reviewed the job description and reminded the Board of the 1500 hour limitation of the code.
Trustee Chessler made a motion that the Board of Trustees appoint and create the job description of Township Recycling Roll-Off Driver a position that would be considered part-time up to 39.5 hours per week at a rate initially of $12.00 per hour effective Thursday, November 18, 2010 and also subject to the 1500 hour part-time limitation that is subject to other Township part-time employees; Seconded by Trustee Capaldi.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Trustee Capaldi made a motion that the Board appoint Mr. John Edwards to roll-off driver not to exceed 39.5 hours per week at a rate of $12.00 per hour effective November 18, 2010; Seconded by Trustee Chessler.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Department Matters Not Requiring Board Action:
Administration: None.
Fire Department: None.
Parks/Recycling: None.
Police Department:
October Monthly Activity Report
Road Department: None.
Law Director: None.
Announcements:
a.) Fall Leaf Drop Off- Collection held at the Perry Township Road Department 1500 Jackson Ave. SW- October 16 thru November 21- Weekdays 7:00am- 2:30pm and Weekends 8:00am- 3:30pm- Closed Veteran’s Day- leaves only please
Public Speaks-Open Forum: None.
Executive Session(s):
Trustee Capaldi made a motion that the Board adjourn into executive session pursuant to O.R.C. 121.22 (G) (1) to discuss hiring, dismissing, disciplining, promoting, compensation to include the Board, Fiscal Officer, Law Director and Fire Chief for department head evaluation.
And…
O.R.C. 121.22 (G) (4) preparing for conducting, or reviewing negotiations or bargaining sessions with public employees concerning their compensation or other terms and conditions of their employment to include the Board, Fiscal Officer, Law Director and Police Chief.
And…
O.R.C. 121.22 (G) (4) preparing for conducting, or reviewing negotiations or bargaining sessions with public employees concerning their compensation or other terms and conditions of their employment to include the Board, Fiscal Officer, Law Director and Road Superintendent.
And…
O.R.C. 121.22 (G) (3) conference with legal counsel concerning imminent or pending court action to include the Board, Fiscal Officer and Law Director. No action anticipated from any of the executive sessions; Seconded by Trustee Chessler.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
The Board adjourned into Executive Session at: 8:06pm
The Board adjourned from Executive Session at: 9:06pm
Adjournment:
With nothing further to come before the Board, Trustee Capaldi made a motion to adjourn the meeting at 9:06pm; Seconded by Trustee Laubacher.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Anna M. Capaldi, President
Joe Schlegel, Fiscal Officer