Regular Meeting
Perry Township Board of Trustees
Regular Meeting
September 7, 2010 7:00pm
Call to Order/Pledge of Allegiance:
Opening of Remounting of Ambulance Chassis Bids 7:00pm
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Company |
Quote |
|
Pfund Superior Sales |
$80,628.00 |
|
PennCare |
$91,161.00 |
Trustee Capaldi made a motion to table the bids for further review by the Fire Chief and Law Director for compliance; Seconded by Trustee Chessler.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Case #PE-03-10 Zoning Commission Hearing: Applicant- Tyrone Fusko 7:00pm
Trustee Capaldi asked Mr. Hall to outline the procedures. Mr. Hall stated that an application was made, submitted and reviewed by the Regional Planning Commission. Regional Planning’s recommendation was presented to the Zoning Commission and their recommendation was given. In a timely matter, this case is presented before the Board of Trustees. Mr. Hall suggested that the Board swear in those individuals who intend on speaking in favor of the zone change request, hear their presentation and ask questions. Then you may receive sworn testimony of those who are opposed the zone change request and then again ask questions. Once the Board is satisfied and has heard all of the testimonies and information necessary to render a decision, a motion can be made to either deny or approve the zone change request as submitted. It will take a unanimous vote of the Board to overturn or change the recommendation of the Zoning Commission.
Mr. Weckbacher stated that the zone change application was made in July and was sent to Regional Planning for their recommendation. The property is located at the northeast corner of Perry Drive NW and Yukon. The Regional Planning Commission’s recommendation was for denial. The Perry Township Zoning Commission met on August 19, 2010 and it was a unanimous vote for denial of the zone change. For the zone change they are requesting to go from B-1 (Office/Retail/Business) to B-2 (Commercial). Mr. Weckbacher explained that with B-2 an auto body repair shop is considered a conditional use in which the applicant would still have to make application to the Board of Zoning Appeals for a conditional use permit.
Trustee Capaldi asked all who wished to speak in favor of the zone change to stand and pledge to tell the truth before the Board.
Thereupon, all those who wished to speak before the Board were sworn in.
FOR:
Attorney Jeff Weltman-Canton Ohio. Attorney Weltman represents Ty Fusko. Attorney Weltman stated that Mr. Fusko is requesting that the property at 116 Perry Dr. NW be rezoned from B-1 (Office/Retail/Business) to B-2 (Commercial). Attorney Weltman gave the Board photographs and maps of the property in question. Mr. Fusko purchased the property at 116 Perry Dr. NW on March 2, 2010 with the intent of moving is auto body repair business to this location. The business is a sole proprietorship as Elite Auto Body & Refinishing which is currently located at 1630 Perry Dr. SW. Mr. Fusko has been in the auto body repair business for twenty-seven (27) years and has been at his current location for twelve (12) years. Attorney Weltman stated that the building that Mr. Fusko plans to build will cost approximately $500,000.00 and will be equipped with state of the art equipment. Mr. Fusko currently employs five (5) employees but when the economy is good it’s closer to eight (8) employees. Attorney Weltman stated that during Mr. Fusko’s years of operation he has never had a complaint from the Township or Environmental Protection Agency (EPA). Mr. Fusko has never had a lawsuit from a neighbor or disgruntled customer.
Attorney Weltman stated that Regional Planning met on August 3, 2010 and they respect their recommendation but they don’t agree with it. Attorney Weltman stated that he questions whether or not anyone from Regional Planning went to the property and looked at it on site. When on site an individual can see that there are no homes close to the property in question. 116 Perry Dr. NW is buffered by other land that is owned by Duncan Press, LLC. To the northeast and the east is the Duncan Press property which is an industrial plant which doesn’t even fit into the B-2 zone but it was a pre-existing structure so it continues to exist. To the west is Marc’s and Aldi’s which is B-2 (Commercial). There is also Locker Moving & Storage which is zoned B-2. Immediately south is B-1 zoning (Frank’s TV) and B-2 zoning (Sheetz). Attorney Weltman stated that this would be a positive economic consequence for the Township by increasing property tax revenue. If the Board approves the zone change Mr. Fusko will still be subject to a conditional use permit which will have to be renewed every year. Attorney Weltman thanked the Board for their time and stated that Mr. Fusko and Mr. Crick (contractor) are all available for any questions.
Trustee Capaldi stated that she was reading over the transcript and inquired about the required set back. Mr. Weckbacher stated that if a B-1 or B-2 is not adjacent to a residential zoning district then the set back drops to zero (0). Trustee Capaldi verified that the property at 116 Perry Drive NW is not adjacent to residential. Mr. Weckbacher stated that it is not adjacent to residential. Trustee Capaldi inquired if the Zoning Board of Appeals (BZA) could require certain things before they would allow the conditional use permit. Mr. Weckbacher stated that he doesn’t believe that BZA can add anything that isn’t already stated in the Perry Township Zoning Resolution. Trustee Chessler inquired if the footprint of the building on the site plan set in stone. Mr. Crick stated that it could be changed and that Mr. Fusko is more interested in complying with the Board. Trustee Capaldi inquired if Mr. Fusko was aware of the requirements for holding a conditional use permit. Mr. Fusko stated that he is aware.
Mr. Hall inquired if Mr. Fusko was aware of the zoning before he purchased the property. Mr. Fusko stated that he was aware. Mr. Hall inquired what Mr. Fusko will do with the property if the zone change is granted but the conditional use permit is denied. Mr. Fusko stated that he is not sure. Trustee Capaldi explained that the Board of Trustees has no authority over the conditional use permit. Trustee Laubacher inquired if the trees on the north side were all gone. Attorney Weltman stated that was correct.
AGAINST:
Trustee Capaldi asked all who wished to speak in opposition of the zone change request to stand and pledge to tell the truth before the Board.
Thereupon, all those who wished to speak before the Board were sworn in.
Harold Butler- 3103 Buckwalter Dr. Mr. Butler stated that he is representing Perry Christian Church and they purchased Locker Moving & Storage with the intentions of adding an addition to the church in the future. Mr. Butler stated that the church is against the zone change request for a lot of reasons but mainly because they believe that a body shop is not going to enhance the area where an extension of Perry Christian Church will. Trustee Chessler inquired why Mr. Butler thinks that the building and the endeavor the church is taking is so superior to someone who is trying to make a living. Mr. Butler stated that the church is not against anyone trying to make a living. Trustee Chessler stated that the church purchased land in a B-2 area and is now offended by the fact that someone else wants to put a business there. Trustee Capaldi stated that she is trying to understand how the property at Yukon and Perry Dr affects the property that the church purchased because it is quite a ways away. Mr. Butler stated that the body shop will impact not only the church but the entire neighborhood. Trustee Capaldi inquired about Mr. Butler’s specific concerns regarding a body shop. Mr. Butler stated that pretty soon it’s a junk yard. Trustee Capaldi stated that wouldn’t be permitted under a conditional use. Trustee Chessler explained that Mr. Fusko’s business is currently located on Perry Dr. SW and is one of the cleanest operations he has seen and it is unfair to impute him based on his line of work.
Trustee Chessler stated that he has read the transcript and looked at the case very closely. The Zoning Commission mentioned spot zoning but if the property was re-zoned to B-2 it would still be consistent with the area. Re-zoning would help remove some of the spot zoning in that area. Mr. Butler stated that most of the parcels face SR 172. Trustee Chessler stated that the property in question is adjacent to that area. Trustee Chessler stated that the church building and the proposed expansion are within a B-2 area. Mr. Butler stated that they don’t want to look out and see a junk yard. Trustee Chessler stated that is evidence of Mr. Butler’s way of thinking which is disappointing.
George Anderson- 520 Oneida NW. Mr. Anderson stated that he is also a member of Perry Christian Church and his major concern is business areas running into residential areas. Trustee Chessler stated that Mr. Ramos responded to Mr. Anderson’s concerns very well at the Zoning Commission meeting in that Perry Township isn’t starting off with a clean canvas for zoning. The proper Boards are called upon to make decisions given what is already out there. This is just a request to move from one business classification to another with what is consistent around it.
Trustee Laubacher inquired if the minimum front yard depth included parking and grass. Mr. Weckbacher stated that it could be. The front yard set back is fifty (50) feet and to put parking in front of a business there has to be a ten (10) foot landscape strip from the property line into the property.
DISCUSSION:
Trustee Chessler stated that he has the same concern as Mr. Ramos in regards to opening up other intrusive uses if the Board would grant the zone change and Mr. Fusko would sell the property. There are some things that could be permitted uses and one of them would be a motor vehicle repair garage. Trustee Chessler stated that what Mr. Fusko does is a different classification and because of the type of activity with the connection of fixing vehicles there are other things to be concerned about but those things are addressed, monitored and regulated through the EPA. Mr. Fusko stated that was correct. Trustee Chessler stated that Perry Township does have a code in regards to exterior maintenance. Trustee Capaldi stated that this is identical to the discussion that the Board had regarding the zone change at the corner of Whipple Ave. and 12th St. NW. Mr. Hall stated that under B-5, motor vehicle body repair was amended in 1996 and his recollection of the amendment is two points; one there is no provision for a motor vehicle body repair shop in the zoning book at that time. It was lumped in and classified under A-3 as a motor vehicle repair garage. This was a decision by the Zoning Commission and the Board of Trustees. So then we go to specifically segregating and determine a motor vehicle repair shop from a mechanical repair shop. Mr. Hall stated that it was set as a conditionally permitted use because in 1996 the EPA regulations were not as stringent as they are today relative to odors and fumes. Mr. Fusko explained that all of the equipment used in his shop is all EPA approved and no fumes ever leave the building.
Trustee Laubacher inquired what the height of the building will be. Mr. Fusko stated that it will be sixteen (16) feet. Trustee Laubacher inquired if it will be a flat or truss roof. Mr. Crick stated that it will be a gable roof that slopes on both sides. Trustee Capaldi stated that is consistent with the other buildings in the area.
Trustee Capaldi made a motion that in case #PE-03-10 requesting B-1 (Office/Retail/Business) to B-2 (Commercial) be approved; Seconded by Trustee Chessler.
Trustee Laubacher stated that originally he was against this zone change but after looking at it more closely he agrees that it would be spot zoning to leave it as it is. Being that an auto body repair shop is a conditionally permitted use then the Board has control over it.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Excused absence: None.
Additions/Deletions to Agenda:
Trustee Capaldi announced that today a hearing was held regarding the Sibila-Hankins Annexation. Mr. Hall stated that the Commissioners voted unanimously to approve the annexation primarily because it was a one (1) owner annexation and the owner has numerous acres of additional parcels that are in the city. Mr. Meeks made the motion indicating that it is the property owners right to say where the land is but he again expressed his concern with the way the zoning laws are written and is encouraging the state legislature to take a look at those. Dr. Ferguson agreed with Mr. Meeks. Mr. Bosley felt that his hands were tied because of the advice from their legal counsel.
Public Hearings/Invited Guests: None.
Communications:
Letter Received from Frank Lanza- Request for a Meeting Regarding AT&T Cabinet Placed at 13th & Miles
Trustee Capaldi stated that the Board received a letter from Mr. Frank Lanza regarding what he feels is an obstruction that has been placed near or on the property line or in the road right of way. Trustee Capaldi inquired if the Board had any authority in this matter. Mr. Hall stated that by state law a utility company has the right to place their infrastructures within the right of way as long as it does not interfere with the traveled portion of the road. Mr. Hall stated that he, Mr. Masalko and the Board have been out to look at the AT&T cabinet and it is permissible. Mr. Hall stated that he has explained this to Mr. Lanza that the Board has no authority or jurisdiction to intercede on his behalf.
Trustee Chessler stated that the AT&T cabinet is on the line of sight to the middle line of the telephone pole going inward toward the private property and inquired if there was a special easement or if this was existing road right of way. Mr. Weckbacher stated that it is existing road right of way. Trustee Chessler inquired if the private property owner has a cause of action if the cabinet is causing a nuisance. Mr. Hall stated that the private property owner could seek their own legal counsel as far as a nuisance complaint. Trustee Laubacher stated that this is the third such box that AT&T has put up. Mr. Hall stated that the boxes are part of a fiber optic upgrade which requires junction boxes and boosters. Mr. Masalko stated that the question is why they didn’t install the cabinet at Woodlawn and 13th St. where the sanitary sewer is. The reason being is that there are high tension wires going through there which causes a problem with the fiber optics. Mr. Hall stated that there is not anything that the Board can lawfully do to assist Mr. Lanza with this matter. Trustee Capaldi inquired if the Board should feel it necessary to advocate or if a letter should just be sent to Mr. Lanza advising him that the Township has no jurisdiction. Mr. Hall stated that he has verbally explained everything to Mr. Lanza but he would send a letter describing same.
Letter Received from Harlen Stebbins Regarding Request for Curb Cut on Jackson Avenue
Trustee Capaldi stated that the Board received a letter from Harlen Stebbins in regards to the removal of curbing on Jackson Avenue. Trustee Capaldi inquired how a curb would be cut where a drain is. Mr. Masalko stated that if the Board approves this that he will recommend to the curb cutter that it can only be fourteen (14) feet on the south side of the drain. Trustee Capaldi inquired if that is adequate. Mr. Masalko stated that he will have Mr. Stebbins at the site when he is marking the area. Trustee Capaldi inquired how Mr. Stebbins accesses his property now. Mr. Masalko stated that he drives up the driveway and then goes to the side but the driveway is very steep and Mr. Stebbins wants to work on his barn. Mr. Stebbins is unable to get the trailers up his driveway to the barn so he is asking that the curb be cut. Trustee Capaldi stated that she could drive over the curb in her Jeep so trucks should be able to do the same. Mr. Masalko stated that was correct. Trustee Laubacher inquired how many times Mr. Stebbins is going to use this. Mr. Masalko stated that he was not sure. Trustee Capaldi stated that this seemed extreme to cut the curb when he could just drive over it. Mr. Masalko stated that his question is why Mr. Stebbins waited till now to say something. Mr. Hall stated that he agreed with Mr. Masalko in that Mr. Stebbins should have said something before the project was completed two (2) years ago. Mr. Hall stated that one option would be to allow Mr. Stebbins to complete the curb cutting himself in compliance with the Road Department’s direction. Trustee Capaldi stated that she didn’t like that and doesn’t understand why Mr. Stebbins can’t just drive over the curb. Mr. Hall stated that construction companies also have temporary curbing. Mr. Masalko stated that he did obtain quotes for the curb cutting but there is nobody local that does this type of work.
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Company |
Quote |
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JD Concrete |
$5.50 per foot |
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Ohio Concrete Service |
$5.00 per foot ($250.00 minimum) |
Mr. Masalko stated that he could forward these quotes to Mr. Stebbins. Trustee Capaldi stated that another reason for the curbing is to direct water so the curb cutting could cause other potential problems. The Board agreed that the curb cutting is not a good idea. Trustee Capaldi stated that she would like to set up a meeting with Mr. Stebbins to explain that it seems extreme and there are concerns about drainage. Mr. Masalko stated that he would talk to Administrator Fetzer regarding setting up a meeting.
Letter of Request for a Fire Truck to be Displayed at Fund Raiser on September 11, 2010- Richville Community Park
Trustee Capaldi stated that the Board received a request to display a fire truck at a private fund raiser at Richville Community Park. Trustee Capaldi stated that she didn’t think that this would be allowed because it is public property and it can’t benefit a private person. Mr. Hall stated that Chief Martin can confirm that the only time there has been displays is when there has been a charitable event for recognized charity or public entity. Trustee Chessler stated that he agreed with Chief Martin in that they would be starting something and not sure where to put a limitation. Trustee Laubacher stated that he agreed. Administrator Fetzer stated that she would get back with those from the fund raiser to inform them of the Board’s decision.
Public Speaks on items up for Board Approval: None.
Township Business requiring Board Action:
Unfinished Business:
New Business:
Trustee Capaldi made a motion to approve bills in the amount of $85,831.06 for the week ending August 24, 2010, bills and payroll in the amount of $229,845.77 for week ending August 31, 2010 and bills in the amount of $62,680.27 for week ending September 7, 2010 for a combined total of $378,357.10; Seconded by Trustee Chessler.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Fiscal Officer:
Trustee Capaldi made a motion to approve the minutes from the August 17, 2010 Regular Meeting minutes; Seconded by Trustee Chessler.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Administration:
Consider Adoption of Harassment in the Workplace Policy
Administrator Fetzer stated that the Board has received a draft resolution from Mr. Hall in regards to the “Harassment in the Workplace” policy. Mr. Hall stated that once adopted it will be included in the employee handbook upon completion. “Harassment in the Workplace” covers misconduct such as horseplay, kidding around, hazing, inappropriate jokes or any type of un-business like behavior. This is an attempt to outline and define what is considered to be un-business like behavior and to give the department supervisors a guideline so that when this type of behavior is observed he/she can use this policy to correct that behavior before it gets worse.
Trustee Capaldi made a motion that the Board adopt the resolution that the Perry Township Employee Handbook and each department manual is hereby amended to include what will be known as 13.5 Workplace Harassment/ Workplace Misconduct; Seconded by Trustee Chessler.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Harassment in the Workplace Employee In-service Conducted by Kim Arnold of KLA Risk Consultants- October 25, 2010
Administrator Fetzer stated that on July 8, 2010 the Township’s Loss Control Consultant, Kelly Austin recommended that the Township hold a “Harassment in the Workplace” employee in service on an annual basis. This service will be provided to the Township free of charge and falls under the OTARMA insurance umbrella. Administrator Fetzer stated with the Board’s approval she would like to schedule the in service for Monday, October 25, 2010 from 10:00am to 12:00pm, 2:30pm to 4:30pm and 7:00pm to 9:00pm. There will be a make up day on Thursday, October 28, 2010 from 1:00pm to 3:00pm. All of the training sessions will take place at Fire Station #3. All of the employees will receive a copy of the “Harassment in the Workplace” policy. Administrator Fetzer stated that Ms. Arnold has provided the Township with example complaint forms and she will work with Mr. Hall to determine which form would be more suitable for Perry Township. Trustee Chessler inquired if this in service is a pre-requisite for a reduction in premiums. Administrator Fetzer stated that there is no discount but KLA Risk Consultants makes every possible effort to make sure that the Township is cautious and educates all employees to have preventative harassment measures in place. Trustee Capaldi stated that she supports that this training be mandatory. Trustee Laubacher agreed.
Consider Adoption of Records Retention Policy
Trustee Capaldi made a motion that the Board of Trustees adopt a resolution that’s adopting the Ohio Historical Society Ohio Township Records Manual for suggested records retention period as currently in effect and as it may be amended from time to time as the record retention schedule for Perry Township; Seconded by Trustee Chessler.
Trustee Capaldi noted for the record that the minutes should contain the resolution as well as a listing of the records retention schedule.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Old Prescription Drop-off Program
Trustee Capaldi stated that Chief Martin suggested an old prescription drop-off program to the Board. Chief Martin explained that this was in response to a request by Trustee Laubacher and his desire to have a prescription medication drop-off day. Originally, the idea was to tie in the drop-off day with National Fire Prevention Week but that is not going to happen because Stark County Metro Narcotics participates in the National Prescription Drop-off Day which is occurring on September 25, 2010. They are going to have two (2) locations within Stark County; Timken Mercy Hospital and Plain Township. Perry Township could do the same thing and there would be no cost other than there has to be two (2) law enforcement officers. The Fire Department isn’t really involved in the program at all.
Chief Martin stated that the Board has to act on this right away if they want to have their own drop off because the site has to be certified by the Drug Enforcement Administration (DEA). Trustee Capaldi stated that she believes that it is a great program but the Mercy Timken location is close for Perry Township residents. Trustee Capaldi inquired about attendance at the drop-off locations. Trustee Chessler inquired if this program has been done before. Chief Martin stated that he is not sure of the details but it is a national day and they can provide advertising materials advertising the date, times and locations. Trustee Capaldi suggested researching the statistics and possible holding a site for the program next year. Trustee Laubacher stated that these drop-off programs are becoming very popular because residents need to have a place that they can take their prescription medication. Trustee Capaldi stated that the Board needs to decide if they want to participate in the program on September 25, 2010 and Trustee Laubacher is going to continue to research having an ongoing drop-off site. Chief Pomesky stated that they are looking into a large scale program where the community can continue to bring their prescription medication at their convenience. There are some steps that the Township would have to take in order to get certified. Trustee Capaldi inquired if that was something that could be done by September 25, 2010. Chief Pomesky stated that it will take some time to get certified and the Township would have to adhere to the DEA’s standards with that program. Trustee Capaldi stated that the Township may pass by this day. Chief Pomesky stated that this would be a good opportunity to participate in this program because it gives the Township a day where we can publicize the other. Long term Perry Township is looking at doing this program. Trustee Capaldi stated that what has to be done for September 25 is not as stringent as what would have to be done later. Chief Pomesky stated that was correct and Perry Township would have to supply the two (2) law enforcement officers for that program so that we can participate.
Trustee Chessler stated that he feels that the Township should participate in the program on September 25 and then have Chief Pomesky further research an ongoing program for Perry Township. Trustee Laubacher stated that he believes this is an important program to offer the residents of Perry Township. Trustee Capaldi stated that she agreed but had several concerns about pulling an officer off of the road and paying overtime. Trustee Capaldi inquired if the Township was going to have a separate site for the September 25 drop-off day. Chief Pomesky said no. Trustee Laubacher stated that the sites will be Timken Mercy and Plain Township. Chief Pomesky stated that in the future he would like to see Perry Township as a drop-off location.
Fire Department:
Consider the Resignation of Part-time Fire Fighter/ EMT-B Penny Shreve& Part-time Fire Fighter/ EMT-B Brandi Schafer
Trustee Chessler made a motion that the Board accept the resignations of part-time firefighter/ EMT-B Penny Shreve effective August 23, 2010 and part-time firefighter/ EMT-B Brandi Schafer effective August 31, 2010; Seconded by Trustee Laubacher.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Police Department:
Consider the Resignation of Part-time Detective- James Amendolar Effective August 31, 2010
Trustee Capaldi made a motion that the Board accept the resignation of part-time detective James Amendolar effective August 31, 2010; Seconded by Trustee Chessler.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Consider Cross Match Maintenance Contract
Chief Pomesky asked the Board to consider the Cross Match Maintenance Contract as it is necessary because the machine will routinely have software issues. The company is able to remotely access the machine to correct the issues so that the Police Department can submit the fingerprints to the state, county and feds. Chief Pomesky stated that the contract is $1,620.00 which is the same amount as last year. Trustee Chessler inquired if this was an annual renewal. Chief Pomesky stated that was correct.
Trustee Chessler made a motion that the Board approve the annual renewal maintenance contract for the Cross Match live scan system and pay the vendor the amount not to exceed $1,620.00; Seconded by Trustee Laubacher.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Consider Accepting the DARE Award in the Amount of $19,188.00
Trustee Chessler made a motion that the Board accept the award of the Ohio Attorney General’s Drug Use Prevention Grant for the 2010-2011 school year in the amount of $19,188.00; Seconded Laubacher.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Consider for Review and Acceptance the Contracts and Memorandum of Understanding of the 2011 OVI Task Force Grant
Trustee Capaldi made a motion that the Board accept the contracts and memorandum of understand of the 2011 OVI Task Force; Seconded by Trustee Chessler.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Consider Posting Position for Full-time Records Secretary & Part-time Records Secretary
Chief Pomesky presented the Board with the internal posting for the full-time and part-time records secretary positions for their approval. Trustee Laubacher inquired if Chief Pomesky had a date in mind for hire. Chief Pomesky stated that he would like to fill the position by October 5, 2010. Trustee Chessler inquired if the proposed range of pay is consistent with other similar positions that are both inside and outside of the Police Department. Chief Pomesky stated that he believed so and that the pay range was from $11.00 to $13.00 per hour.
Trustee Chessler made a motion that the Board of Trustees authorize the Police Chief to take the steps necessary to advertise and recommend for the positions of full-time records secretary and part-time records secretary assigned to the Police Department; Seconded by Trustee Capaldi.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Road Department:
Law Director: None.
Zoning: None.
Parks: None.
Department Matters Not Requiring Board Action:
Administration: None.
Fire Department:
August Alarm Responses- Up 9% over last year.
Parks/Recycling: None.
Police Department: None.
Road Department: None.
Law Director: None.
Announcements:
a. Ohio Division of Liquor Control- Requesting transfer of license from Ralph Gutshall DBA TJ Dillons Pub 1911 Erie St. NW, Perry Two, Massillon, Ohio 44646 to: Kent G. Gutshall- Inquiries re: to B-TRFO 3459000- Responses must be postmarked no later than September 27, 2010.
b. Trick or Treat in Perry Township- Sunday, October 31, 2010 from 3:00pm to 5:00pm
c. National Fire Prevention Week- October 3 through October 9.
Public Speaks-Open Forum:
Jim Shepherd- 227 Bernower Ave. SW. Mr. Shepherd stated that last month he presented pictures to the Board regarding 218 Bernower Ave. SW. Since then, Mr. Weckbacher has showed Mr. Shepherd a letter from Fire Safety stating that there are no fire hazards. Mr. Shepherd stated that the wires are active inside the home and the neighbors have observed raccoons going in and out of the home as well. Trustee Capaldi stated that this issue was brought up at the August 17, 2010 Regular Meeting and at that time Mr. Hall suggested that the Township notify the owner of the property and schedule a public nuisance hearing before the Board. If the property owner shows up at the hearing he will be told that he has to keep the property cleaned. If the property owner does not show up or does not keep the property maintained then the Township can take it to court and obtain a permanent injunction. If the property is not in compliance after that the Township has three options; mow, fine and court costs. Trustee Capaldi stated that with the Board’s permission the hearings were scheduled for the work session in September which would be next week. Administrator Fetzer stated that was correct. Trustee Capaldi inquired if a notice was given to the property owner in time to have a hearing next week. Mr. Weckbacher stated that he has a notice together that was approved by the Law Director but has not had an opportunity to deliver it to the property owner but could get him the notice today. Trustee Capaldi inquired if that was within proper notice of having the hearing next week. Mr. Hall stated that if the notice was given tomorrow that would be enough notice to have the public nuisance hearing next week. Mr. Hall suggested that the notice should be hand delivered. Mr. Weckbacher stated that he would deliver the notice tomorrow. Trustee Chessler stated that he is in favor of the public nuisance hearing.
Theresa White- 220 Bernower SW. Ms. White stated that the smell has improved but she saw a raccoon coming out of the residence at 218 Bernower. Trustee Capaldi stated that this situation will be taken care of at the public nuisance hearing next week.
Richard Gilger- 5130 Tyner Ave. NW. Mr. Gilger expressed his concerns regarding a notice that he received from the Stark County Commissioners that they are going to vacate 3rd St. Mr. Hall stated that the Township has no knowledge of this. Trustee Capaldi stated that the Board discussed the vacation of 3rd St. but has not moved forward with it. Mr. Gilger inquired if 3rd St. is vacated if that relieves the Township of any responsibility of the water drainage problem in the area. Trustee Laubacher stated that he and Mr. Hall are working on this. Mr. Hall stated that he circulated an email draft for the Board’s consideration but it has not yet gone out. Trustee Laubacher stated that they are in the process of getting a letter out and thinks that the project will get done. Mr. Masalko had gotten the Board the information and it was going to be approximately $3,800.00. Mr. Hall stated that the drainage easement is not being vacated. Trustee Capaldi inquired if the road were vacated if the Township would still be permitted to perform work on it. Mr. Hall stated that the answer is no but there is a county drainage easement there that continues to exists. The proposal that has been discussed is asking all of the adjacent property owners to proportionally pay for that. Trustee Capaldi stated that she thought our Road Department would be going in there. Trustee Chessler stated that they would. Trustee Capaldi stated that Perry Township would be able to participate because it is a county drainage easement. Mr. Hall stated that the Township would perform it at the cost proportionally to the property owners including the condo association. Trustee Capaldi inquired how Township employees would perform the work if the road is vacated. Mr. Hall stated that the work would be completed prior to the vacation. Trustee Laubacher explained to Mr. Gilger that he and the other adjacent property owners would be receiving a letter from the Township regarding this matter.
Executive Session(s):
Trustee Capaldi made a motion that the Board adjourn into executive session in pursuant to ORC 121.22 (G) (1) to consider compensatory time grievance to include Board of Trustees, Fiscal Officer, Law Director and Police Chief.
And…
Executive session ORC 121.22 (G) (1) to consider donation of sick leave hours include Board of Trustees, Fiscal Officer, Law Director and Police Chief; Seconded by Trustee Chessler
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Board adjourned into executive session at: 8:51pm
Board adjourned from executive session at: 9:12pm
Adjournment:
With nothing further to come before the Board, Trustee Capaldi made a motion to adjourn the meeting at 9:12pm; Seconded by Trustee Chessler.
ROLL CALL: Miss Capaldi, yes. Mr. Laubacher, yes. Mr. Chessler, yes.
Anna M. Capaldi, President
Joe Schlegel, Fiscal Officer