Regular Meeting
Regular Meetings
The Perry Township Board of Trustees meets in Regular Meeting format on the first and third Tuesday of every month at 7:00 PM.
The meetings are held at the Township Hall located at
3111 Hilton Street NW
in Massillon. Regular Meetings include reports by Department Heads, the Law Director, and the Township Administrator. The public is welcome to offer comments during the Public Speaks portion of the agenda on township related matters.
Perry Township Board of Trustees
Regular Meeting
June 3, 2014 7:00 pm
Call to Order/ Pledge of Allegiance:
Excused absence:
Additions/Deletions to Agenda: None.
Public Hearings/Invited Guests:
Hearing: Case #: PE 01-14~Waikem Properties, 4231 Lincoln Way E. Massillon, OH 44646
Trustee Laubacher stated that Waikem Properties are asking to have two (2) properties on Zern Avenue SW in the 200 block to be changed from R3 single Family/Duplex Four Family Residential to B2 Commercial. Trustee Laubacher stated that in the process of this, Waikem Properties is requesting to have this zone change because their building, which is just north of these above stated properties, is a Subaru dealership and they are planning to enlarge this portion of the dealership with an additional parking area and are requesting to have these two (2) properties rezoned.
Trustee Laubacher stated that Stark County Regional Planning has stated that they are recommending that the first property be changed to B2 commercial and the second property be changed to R4. Trustee Laubacher also stated that in the process, this was voted on by Regional Planning, however on May 15, 2014, our Perry Township Zoning Commission did not agree with this but agreed to have both parcels changed to commercial.
Trustee Laubacher stated that the Board must now decide what the final outcome must be in regard to this zoning request.
Trustee Laubacher inquired if anyone in the audience would like to speak for or against this zone change.
Doug Waikem, Waikem Auto Family – Mr. Waikem stated that they spoke to Subaru this evening and they have agreed to participate in the enhancement of the old Demetri’s property also, but there is nothing to report that will affect the zoning.
Marie Tighe, 223 Zern Ave. – Mrs. Tighe stated that it was a sin what you guys are letting him to do our street and she stated that someday she hopes that he moves into your neighborhood and builds a car lot right across the street from all of you.
Trustee Chessler inquired of Mrs. Tighe how long she has lived at her current residence. Mrs. Tighe stated that she has lived there for five (5) years. Trustee Chessler inquired if she was aware of the existence of the dealership when she moved in. Mrs. Tighe stated that she was not. Trustee Chessler inquired if she drove by every day and never saw a car lot. Mrs. Tighe stated that she did not figure that it would come down a residential street. Mrs. Tighe also stated that if you see the end of his property on the end of 13th Street, you would think twice about letting him destroy it on the other end of the street.
Trustee Laubacher inquired where Mrs. Tighe was talking about when she referred to the end of his property. Mrs. Tighe stated that by the houses on Zern next to the dealership there are wood piles and the grass is clear above your shoulders. Mrs. Tighe asked why somebody doesn’t make him do something about that and clean up that mess on the corner of Zern and 13th. Trustee Laubacher asked if that property was east of the home on the corner of Zern.
Trustee Haines indicated that they would certainly have the Zoning Inspector take a look at this property for any zoning violations.
Mr. Waikem asked if he could respond to Mrs. Tighe. Mr. Waikem stated that it was on the record four or five years ago, a request from the neighbors on the south side of Zern and 13th for Waikem to let the growth grow, not to clear cut, possibly because the lights reflected. Mr. Waikem stated that they would clear cut that property if that is what is wanted, but stated that they would want to check with the neighbors that actually live next door before doing so.
Trustee Chessler stated to Trustee Laubacher that he wanted to indicate that this zoning matter is not an issue before the Board on this evening’s Agenda, but what is before us this evening is the request to have the Waikem property rezoned.
Trustee Chessler made a motion that, based on the recommendation of the Regional Planning Commission and based on the hearing before the Perry Township Zoning Commission, this Board adopt and approve the recommendation of the Perry Township Zoning Commission to the zone change as requested from R3 single Family/Duplex Four Family Residential to B2 Commercial as requested; Seconded by Trustee Haines.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Mr. Haines, yes.
Communications:
Consider Reimbursement Request for Pothole Damages
Trustee Laubacher stated that Mr. Jim Ziegler called the Administration Office and stated that he had hit a pothole on Miles Avenue with his 2013 Honda Accord and ruined his tire and rim on May 23, 2014. There was a bolt in Mr. Ziegler’s tire, but also had reported rim damage along with an alignment expense due to the damage made by the pothole. Mr. Ziegler stated in his letter that though the repair of the tire is his responsibility, he is seeking reimbursement in the amount of $490.92 for the rim and subsequent alignment.
Trustee Chessler inquired of Law Director Hall if he was correct in saying that the status of the law states that Mr. Ziegler is obligated to seek his insurance coverage, if he has it, and the Township would be responsible for the deductible amount. A brief discussion followed regarding the possible cause of damage from the bolt in Mr. Ziegler’s tire to the degree of the rim damage.
Law Director Hall stated that it is his recommendation that the Board not grant this reimbursement since there seemed to be enough external non-related circumstances to raise significant doubt as to the actual cause of the damage to the wheel.
Trustee Laubacher inquired of Road Superintendent Masalko if the Road Department was aware of the pothole before this incident. Mr. Masalko stated that he was and that the pothole was filled the very same day as this incident with Mr. Ziegler’s vehicle.
Trustee Chessler made a motion that, based on the review of this matter, the statements of the Law Director and the Road Superintendent, the Board decline payment on this claim; Seconded by Trustee Haines.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Mr. Haines, yes.
Law Director Hall stated that he would prepare the notification of response letter to the applicant.
Consider Waiver Request for Temporary Sign at St. Joan of Arc Church
Trustee Laubacher stated that Father Kaylor of Central Catholic High School is requesting the Board to consider waiving the permit fee for a portable sign to be used by them to advertise a temporary Sunday bingo change of operation to St. Joan of Arc Church for the summer months.
Trustee Chessler made a motion that based on the request of Father Kaylor of Central Catholic High School, the Board waive the permit fee charged to Central Catholic for a portable sign to be used in front of the school on a temporary basis; Seconded by Trustee Haines.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Mr. Haines, yes.
Public Speaks on items up for Board Approval: None.
Township Business requiring Board Action: None.
Unfinished Business: None.
New Business:
Trustee Laubacher made a motion to approve bills and payroll in the amount of $212,231.42 for the week ending May 27, 2014 and bills payroll in the amount of $286,974.54 for the week ending June 3, 2014 for a combined total of $499,205.96; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Mr. Haines, yes.
Fiscal Officer:
Administration:
Consider Renewal of OTARMA ~ Ohio Township Association Risk Management Authority -2014
Administrator Fetzer stated that the Township received the OTARMA renewal request in yesterday’s mail and it is placed on the Agenda for the Board’s consideration. Administrator Fetzer stated that she had the opportunity to review the entire statement of values for all the Township vehicles, buildings and other structures specifically with Gary Swisher, the Police and Fire Maintenance Director and Dale Lake, the Road and Parks Maintenance Director. In addition, Administrator Fetzer stated that OTARMA has provided many benefits to our Township and have built a relationship based on trust established over the past twenty-three (23) years. The Township has experienced excellent claim services, prompt insurance coverage and many benefits as well as OTARMA safety training Opportunities Township-wide with the park inspections, harassment in the workplace opportunities, to include all Township employees, as well as a variety of other benefits. Administrator Fetzer stated that the Township also received a Capital Funds Distribution in an annual CDL this year. Administrator Fetzer stated that based on this information is requesting the Board to consider making a motion to renew the ORARMA contract in the amount of $162,144.00.
Trustee Haines stated that based on all the benefits the Township receives under the OTARMA umbrella of services and coverage, makes a motion to renew the OTARMA policy coverage in the amount of $162,144.00; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Mr. Haines, yes.
Fire Department:
Police Department:
Road Department:
Consider Authorization to Advertise for 2014 Paving Bids
Road Superintendent Masalko stated that the Road Department has put together the 2014 Paving Program and it will be in the approximate amount of $250,000.00. Worksheet of the Perry Township Streets to be profiled and paved, attached before the Board. Mr. Masalko briefly mentioned the streets that are badly in need of paving. Road Superintendent Masalko stated that he did provide the Law Director with the Notice to Bidders for approval and is asking the Board to approve this matter.
Law Director Hall stated that he did review the entire bid paving packet and it has all the necessary requirements and meets all of the State bid specifications. Mr. Hall stated that he would like the record to reflect a kudos to Mr. Masalko and his staff because the bid packet information is thorough and is to be commended for this to proceed forth for bid.
Trustee Haines inquired of Road Superintendent Masalko if this bid packet would cover a projected four to five miles of road to be paved. Mr. Masalko stated that it was closer to approximately three miles of road to be paved. Trustee Haines stated that now that the Road Levy has passed, is glad that the paving versus the microsealing can be accomplished.
Road Superintendent Masalko stated that this bid paving program is to be advertised in the Canton Repository and the Massillon Independent on June 6, 2014 and June 11, 2014 with the bid opening dates to be at the July 1, 2014 Regular Meeting .
Trustee Chessler made a motion that, based on the review and recommendation of the Law Director and the submissions by the Road Superintendent, the Board authorize the Road Superintendent to take the steps necessary to solicit bids for road paving for the year 2014 in Perry Township; Seconded by Trustee Haines.
Trustee Haines inquired of Mr. Masalko when the road paving would actually begin. Mr. Masalko stated that the contract indicates that the paving must be completed by October 15, 2014.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Mr. Haines, yes.
Law Director: None.
Zoning: None.
Parks/Recycling: None.
Executive Session(s): None.
Department Matters Not Requiring Board Action:
Administration: None.
Fire Department: None.
Parks/Recycling: None.
Police Department: None.
Road Department: None.
Zoning: None.
Law Director: None.
Upcoming Events:
~Perry Township Bicentennial meeting – Tuesday, June 24, 2014 at 7:00 pm at the Township Hall
~In conjunction with the Bicentennial celebrations, please mark your calendar for the “Taste of Perry” on Saturday, July 12, 2014 at Hartwick Park – Family, Friends, Food and Entertainment- Admission is free
~Ice Cream Social Open House – Saturday, July 12, 2014 from 11 am to 4 pm at the Culp-Myers Awning/Shidler School. All proceeds to go to the Perry History Club to help preserve Genoa’s one-room school
Public Speaks-Open Forum:
Paul Bailey, 2538 Shirley Ann Ave. SW, Canton, OH 44706 – Mr. Bailey inquired what the status was of the stop sign removal (Mr. Bailey was referring to his request of the May 6, 2014 Regular Meeting under the Public Speaks portion of the Agenda: to move a stop sign from 14th and Bordner to 13th and Bordner). Mr. Bailey stated that the reason he was asking was that on the 17th of May, he had to lock up his brakes so not to broadside another vehicle in this area.
Road Superintendent Masalko stated that the traffic engineer of the Stark County Engineer’s Office has been on vacation, however he received a call from him yesterday and stated that they are looking into this matter and will have an update and opinion letter to us within the next week.
Mr. Bailey stated that he also had a suggestion that the lady or man that lives on the southwest corner of that area be notified about their tree hanging too low. Mr. Masalko stated that this was mentioned.
Tim Blythe, 2956 Bridgeton St. NW, Massillon, OH 44646 – Mr. Blythe stated that the Board was aware that he had a great concern regarding the condition of the parks in Perry Township and asked what the status was of the upgrades of the garages at Perry Park.
Road and Parks Superintendent Masalko gave a brief explanation regarding the work being done by the student crew of the Perry High School’s Building and Trade’s classes and the standstill due to the end of the school year as well as plans to address some of the other work related issues at Perry Park maintenance garages.
Mr. Blythe made reference to the stack of papers he was holding that are copies of notices that various business owners and residences have received over the past year of some type of a violation of some type of maintenance code in which a time frame of 30 or 60 days are given to make repairs. Mr. Blythe stated that if inspections were to be made of any of our parks, there would be a ton of violations. Mr. Blythe stated that if we are going to spend $75,000.00 a year to enforce zoning codes in the Township, we should at least take care of all of our other properties at the same level we expect other people to take care of theirs. Mr. Blythe stated that he realizes that this is a difficult task due to limited funds, but the people of the Township also have limited funds. If we are going to require the Township business owners and residents a 30 to 60 day window to accomplish that work, the Township should be held to the same accountability. Mr. Blythe stated that he does not believe to date that there is any type of plan to assess what is wrong with our parks and how much it is going to cost to fix these problems. Also, what will be prioritized in the way of repairs.
Adjournment:
With nothing further to come before the Board, Trustee Laubacher made a motion to adjourn the meeting at 7:27 pm; Seconded by Trustee Haines.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Mr. Haines, yes.
Lee Laubacher, President Joe Schlegel, Fiscal Officer