Regular Meeting
Perry Township Board of Trustees
Early Start Executive Session 6:30 pm
November 4, 2014 Regular Meeting 7:00 pm
Call to Order:
Trustee Laubacher stated the time – 6:30 pm and called the Perry Township Board of Trustees meeting to order.
Public Hearings/Invited Guests: BZA Applicants
a) Mr. Marino 6:30 pm
b) Mrs. Ramos 6:45 pm
Trustee Chessler stated that the Board had previously announced that the meeting this evening would be convened at 6:30 pm for purposes of conducting interviews for the Zoning Boards. Trustee Chessler stated that the candidate applicants are scheduled here and made a motion that the Board adjourn to Executive Session pursuant to ORC 121.22 (G)(1) to consider the appointment of potential employees with the Township; Seconded by Trustee Haines.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Mr. Haines, yes.
The Board adjourned into Executive Session at: 6:32 pm
The Board adjourned from Executive Session at: 6:55 pm
Trustee Laubacher made a motion that we finish the Executive Session; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Mr. Haines, yes.
Call to Order/ Pledge of Allegiance:
Trustee Laubacher called the Regular Meeting to order.
Excused absence:
Additions/Deletions to Agenda:
Trustee Laubacher stated that on this evening’s Agenda under Road Department that the matters of the Leonard SW drainage as well as the Chippendale drainage portions be removed from tonight’s agenda due to not enough information at this time.
Trustee Chessler made a motion that based on the comments of Trustee Laubacher, the Board delete Items 2 and 3 under the Road Department portion of this evening’s Agenda; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Mr. Haines, yes.
Trustee Chessler made a motion that the Board add to the Agenda under the category of Zoning, appointments of alternates to the Zoning Commission for the Board of Zoning Appeals for this evening’s meeting; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Mr. Haines, yes.
Public Hearings/Invited Guests:
Communications:
Letter Received from Diane Fye Requesting Stop Signs not be Erected at 7th and Ambrose
Trustee Haines stated that this is a follow up from the last meeting concerning the request for a four way stop sign from Mr. John Strazisar.
Trustee Laubacher inquired of Police Chief Pomesky if he was able to look into the matter of a traffic study concerning this request. Chief Pomesky stated that he was looking into this matter but still had to get the crash data finalized for this area.
Trustee Chessler stated that the Board would place this letter with the other information until the traffic study would be finalized.
Trustee Laubacher stated that the Board would hope to have some information on these requests at the next scheduled meeting on November 25, 2014.
Progress of Central Ohio Discovery Zoning Matter
Trustee Chessler stated that the Board was audience to several residents concerned and complaining about the activity on the property of Central Ohio Recovery at the September 2, 2014 Regular Meeting. The Board had taken some preliminary steps and did hear back from the attorney representing the property owner there. Trustee Chessler stated that the attorney had communicated initially of his involvement with this case in his letter dated October 31, 2014 which included several photographs of the work being done. Trustee Chessler stated that he wanted to share this with the Board and the involved departments of the things that have taken place out there. There was a meeting with the representatives of the area residents near Central Ohio Recovery and the purpose of this letter was just to give an update of the things going on there.
Trustee Laubacher stated that in speaking with Zoning Inspector Weckbacher, he understands that some of the people did not show up for the above mentioned meeting and were still a little bit upset in regard to this matter. Trustee Laubacher stated that some of the requests made by the residents were included in the photographs and were okayed by them. Trustee Chessler stated that he did not attend that meeting but confirmed that we have the zoning regulations that we can enforce. Trustee Chessler also added that it was stated in the letter that Central Ohio Recovery was going above and beyond the minimums in regard to this matter, but whether they choose to do that or not, as long as they meet the minimums, that is what we are concerned with.
Zoning Inspector Weckbacher stated that these same issues were approved by the Board of Zoning Appeals.
Trustee Haines inquired of Zoning Inspector Weckbacher if Mr. Nicewater, owner of Central Ohio Recovery was at least 75% complete in meeting all of the criteria. Mr. Weckbacher stated yes and added that Mr. Nicewater was probably waiting for Stark Soil and Water to approve what he wants to do with the grading of that land since he has to get approval through them. Mr. Weckbacher stated it would need to be graded to Navarre Road away from the creek.
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 in the amount of $339,697.45 for the week ending October 28, 2014 and bills and payroll in the amount of $292,869.33 for the week ending November 4, 2014 for a combined total of $632,566.78; Seconded by Trustee Haines.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Mr. Haines, yes.
Fiscal Officer:
Trustee Haines made a motion to accept the minutes of the October 7, 2014 Regular Meeting; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Mr. Haines, yes.
Administration:
Consider Accepting ODOT Letter of Authorization to Close SR 172 from Saratoga Ave. to Delverne Ave. for the 18th Annual Perry Rotary Turkey Trot
Administrator Fetzer stated that the Perry Township Rotary will again sponsor the 18th annual Turkey Trot 5K Race to be held on Thanksgiving morning, November 27, 2014 at Canton Central Catholic High School. Administrator Fetzer stated that more than 3,000 participants are expected at this year’s event, helping raise nearly $30,000 that will benefit the Siffrin HOPE Fund, Perry Township Parks and the most recent beneficiary, the Budd Strong fund, for Perry teacher, Sharon Budd.
Administrator Fetzer stated that request is being made that State Route 172 be closed, document from the Ohio Department of Transportation attached before the Board. Administrator Fetzer requested a motion to made by the Board to accept that the streets be closed from 7:00 am – 10:00 am on Thursday, November 27, 2014.
Trustee Chessler inquired if this was the same time frame that has been present in years past. Administrator Fetzer stated that was correct. Trustee Chessler also inquired if the race course, changed a few years ago, was still the same course as it has been in the most recent years. Administrator Fetzer stated that was correct.
Trustee Chessler made a motion that the Board acknowledge and accept and affirm the letter from the Ohio Department of Transportation with regard to the closing of the streets in Perry Township on Thursday, November 27, 2014 from 7 am to 10 am; Seconded by Trustee Haines.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Mr. Haines, yes.
Department Head Evaluations Scheduled for 6:00 pm on 11/25/14
Administrator Fetzer stated that the Board would like to ask that the Department Head evaluations be scheduled for 6:00 pm on Tuesday, November 25, 2014.
Trustee Haines inquired if the Department Head evaluations could please be changed to Tuesday, December 2, 2014 at 6:00 pm. Administrator Fetzer stated that she would note that change.
Fire Department:
Consider Accepting the Resignation of Part-time Firefighter Zachary Geib
Fire Chief Martin stated that the Fire Department is requesting the Board of Trustees accept the resignation of probationary part-time firefighter Zachary Geib effective Tuesday, November 4, 2014. Chief Martin stated that Zachary’s resignation letter is attached before the Board. Zachary was able to obtain fulltime employment with the New Philadelphia Fire Department.
Consider Accepting the Resignation of Part-time Firefighter Kelly Clark
Fire Chief Martin stated that the Fire Department is requesting the Board of Trustees accept the resignation of probationary part-time firefighter Kelly Clark effective Tuesday, November 4, 2014. Chief Martin stated that Kelly’s resignation letter is attached before the Board. Kelly is unable to fulfill his obligation to the department as a result of working two (2) other jobs.
Consider Accepting the Resignation of Part-time Firefighter Brandon Henkel
Fire Chief Martin stated that the Fire Department is requesting the Board of Trustees accept the resignation of probationary part-time firefighter Brandon Henkel effective Tuesday, November 4, 2014. Chief Martin stated that Brandon’s resignation letter is attached before the Board. Brandon is unable to fulfill his obligation to the department as a result of working four (4) other jobs.
Consider Accepting the Resignation of Part-time Firefighter Brett Young
Fire Chief Martin stated that the Fire Department is requesting the Board of Trustees accept the resignation of probationary part-time firefighter Brett Young effective Tuesday, November 4, 2014. Chief Martin stated that Brett’s resignation letter is attached before the Board. Brett was able to obtain fulltime employment with another fire department and is therefore unable to fulfill his obligation to the Perry Township Fire Department.
Trustee Haines made a motion that the Board of Trustees accept the resignations of part-time firefighters, Zachary Geib, Kelly Clark, Brandon Henkel, and Brett Young, effective November 4, 2014; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Mr. Haines, yes.
Police Department:
Road Department:
Consider Submitting a List to Stark County Engineers of Proposed Legal Postings of Seasonal Weight Restrictions on Specific Roads
Road Superintendent Masalko stated that the Road Department is requesting the Board to consider accepting the Stark County Engineer’s proposal for legal posting of seasonal weight restrictions with enforcement on our Township roads during times of thawing and moisture as well as the request to pass a resolution to have the seasonal weight reduction placed. Road Superintendent Masalko stated that the selected roads, attached before the Board, have a requested 25% weight reduction, according to O.R.C. Section 5577.07, effective January 1, 2015 to May 1, 2015.
Trustee Chessler made a motion that the Board adopt, as we do every year, the resolution, provided by the Stark County Engineer’s Office to formally reduce the weight acceptable on certain Township roads that are set forth in detail on the written resolution to be in effect from January 1, 2015 through May 1, 2015; Seconded by Trustee Haines.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Mr. Haines, yes.
Law Director: None.
Zoning:
Consider Stark County Regional Planning ~ Side Lot Program Applications
Zoning Inspector Weckbacher stated that Stark County Regional Planning has a Side Lot Program, a program through which a tax delinquent vacant lot can be acquired by an eligible adjacent property owner. Mr. Weckbacher stated that this program was put into effect for properties that were behind in taxes as well as for demolished houses behind in taxes. Zoning Inspector Weckbacher stated that this program has been in effect since the beginning of the year. Mr. Weckbacher stated that two (2) applicants from Perry Township, both being beside each of the properties that have been demolished at: 15th Street NW and Longview St. SW, have asked for us to approve and clarify these properties.
Mr. Weckbacher stated that he is asking for the Board’s approval to be able to sign off for these applicants regarding this program. Mr. Weckbacher stated that the applicants have specific criteria to follow, such as being current on their property taxes, have no violations for building or code on their current home as well as being responsible for maintaining this intended property.
Trustee Laubacher inquired what would happen if the applicant does not maintain the side lot property. Zoning Inspector Weckbacher stated that he would follow the same guidelines of sending the homeowner a letter to maintain the property.
Trustee Haines inquired if the applicant/homeowner would get a deed to the side lot property. Mr. Weckbacher indicated that they would and added that for a minimal fee, once the applicant is approved, this fee would take care of the recording of the property. Trustee Haines also inquired if this would be good for only the adjacent property to them and verified if more than one homeowner would be interested in this side lot property there would have to be a split, but in these particular cases, only one property owner has come forward for each of these two (2) demolished side lot properties. Mr. Weckbacher stated that was correct.
Trustee Laubacher inquired if the property owners could build a house on these properties. Mr. Weckbacher stated that they could. Trustee Laubacher also verified if the applicant could just keep the side lot property as a vacant piece of property. Mr. Weckbacher stated that was correct and added that once the property became theirs and if they do not combine the two (2) parcels, and leave them as is, it would be a buildable lot.
Trustee Haines inquired if the applicant had to keep this side lot property for any specific length of time or could they turn around and sell it right away for somebody to build a home on it. Mr. Weckbacher stated that they could turn around and sell it.
Trustee Chessler stated that it would come back on the tax rolls then.
Zoning Inspector Weckbacher stated that if the Board does give the approval for him to sign off on these applicants, he would create the forms to indicate that he has affirmed these properties to be vacant and that there is no trash or debris being dumped on it.
Trustee Haines inquired that though these are vacant properties, would there be any verification or background on them that the sewer has been capped off, etc.
Mr. Weckbacher stated that all these things were required to be done before the demolition took place and added that he had photographs of this when initially, the demolition contractor was at these locations in regard to the sewer lines being capped off and the water department having shut off the water as well as the gas and electric being shut off also.
Law Director Hall stated that Zoning Inspector Weckbacher had asked him to review the forms that he has created and added that in essence, what he is doing is preparing an affidavit certifying that each lot meets the criteria of this program under oath. Mr. Hall stated that the zoning inspector needs a resolution from the Board authorizing him to identify those properties and certify it to the county officials.
Trustee Chessler made a motion that the Board authorize the Zoning Inspector to complete the forms necessary to identify and certify to the county treasurer the necessary elements to assist our residents in participating in the Side Lot Program; Seconded by Trustee Laubacher.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Mr. Haines, yes.
Trustee Chessler stated that the next item to consider was one that he requested be added to this evening’s Agenda regarding the two (2) open positions on the zoning boards that require Board action. Trustee Chessler added that both of these are alternate positions, one on the Zoning Commission and one on the Board of Zoning Appeals. The Board has received two (2) letters of interest for these positions. Prior to tonight’s Regular Meeting, the Board conducted interviews in Executive Session with the applicants. Trustee Chessler stated that based on the outcome of those discussions, makes a motion that the Board make appointments as follows: that Karen Ramos be appointed to the Perry Township Board of Zoning Appeals and that Scott Marino be appointed to the Perry Township Zoning Commission, both to fill the alternate positions; Seconded by Trustee Haines.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Mr. Haines, yes.
Trustee Laubacher inquired of Administrator Fetzer if she would see to it that Mrs. Ramos and Mr. Marino each receive a formal letter from the Board. Administrator Fetzer confirmed that request.
Parks/Recycling: None.
Department Matters Not Requiring Board Action:
Administration: None.
Fire Department: None.
Police Department: None.
Road Department: None.
Parks/Recycling: None.
Zoning: None.
Law Director: None.
Upcoming Events:
~Light Up Perry – Home or Commercial Lighting Contest – Register at: www.perrytwp.com
~Next scheduled November Trustee Meeting – Tuesday, November 25, 2014 at 7:00 pm.
Public Speaks-Open Forum: None.
Adjournment:
With nothing further to come before the Board, Trustee Haines made a motion to adjourn the meeting at 7:18 pm; Seconded by Trustee Chessler.
ROLL CALL: Mr. Laubacher, yes. Mr. Chessler, yes. Mr. Haines, yes.
Lee Laubacher, President Joe Schlegel, Fiscal Officer