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RECORD OF PROCEEDINGS
MINUTES OF JACKSON TOWNSHIP BOARD OF TRUSTEES MEETING
AUGUST 13, 2007

Meeks called the meeting to order at 5:30 p.m. at the Jackson Township Hall with all Trustees, Fiscal Officer, Lyon, Fitzgerald, Boger, Ruwadi, Poindexter, Moore and Neftzer present.

Meeks moved and Burger seconded a motion to go into Executive Session for Police Department Personnel (Appointment/Employment/Compensation/Promotion).

3-0 yes

Meeks opened the Work Session.

Work Session
ATTACHMENT 08/13/07 A
Boger gave the Board some background on sidewalk construction within allotments.  Currently if a developer has planned to put sidewalks in, it goes through a subdivision review.  The subdivision engineer allows it to be bonded under the performance bond.  Then if the Township accepts it, it can be done under the maintenance bond.

Boger explained that a developer would like to get his bond back and has asked if the Township would consider bonding the sidewalks until they are built.

Steve Smith with Smith Development of 6501 High Mill said they haven’t had a problem, that sidewalks are elected in Jackson as in most townships.  Bonding hadn’t been a problem, but Joe Underwood thought there was some exposure since they are in the right of way.  The problem is in releasing the performance bond and going to a maintenance bond and then getting off for the roads.  The sidewalks become an issue if they are not completed.  Sidewalks aren’t necessarily constructed during road construction because they would be torn out when homes are built.  The road bond isn’t being released until all the sidewalks are complete.  He said they are trying to work something out with the County subdivision department.

Boger pointed out that until all the houses are built the sidewalk is not continuous and really isn’t a usable sidewalk.  He said the County has asked that the Township hold the sidewalk bond if that is the route taken.

Meeks pointed out that there are two prominent developers in the community with whom you could probably not find any fault with the residential developments they have done.  He said they have come in willing to work something out to release the road bond although the sidewalks are not complete and that they should have the opportunity to work with RPC or Joe Underwood or whoever it may be, to work something out.

Pizzino asked, if the Township had a sidewalk bond could the Township finish the sidewalk?

Boger said that would be true once you received the money from the bond forfeiture.  That also puts the Township in the sidewalk building business.

Gonzalez said this falls under Joe because of the subdivision regulations of the roads and they’re lumping the sidewalks in with that.  The sidewalks have nothing to do with drainage.

Boger explained it was in the public right of way and accepted in the subdivision plans.  Joe is to see that it is built per plan.

Smith pointed out that since the sidewalks are now required to be on the plans and everything on the plans is bonded.

Fitzgerald asked why not go to the County for the sidewalk bond.  Boger explained the County wants the Township to hold it so his bonds can be retired.

Fred Tobin of 7694 Strausser NW, North Canton made the same points as Mr. Smith regarding the cost of continuing the bonds required until all the sidewalks are put in and the problems that would occur if sidewalks were put in prior to construction on a lot.

Further discussion followed regarding whether a different type of bond would be required and who would hold that bond.  A meeting is to be set up with the County to try to work out something more equitable.

ATTACHMENT 08/13/07 B
Boger summarized the parking problem on Skylane and what has been done to alleviate the problem.  He proposed erecting a “No Parking Within 30 Feet” sign from the existing stop sign.

At 6:10 p.m., Meeks called the General Session to order with all department heads present.  He requested that all cell phones and pagers be turned off at this time.

The Pledge of Allegiance was recited.

Public Speaks – No one came forward.

Fire Department
RESOLUTION 07-088, ATTACHED
Meeks moved and Pizzino seconded a motion whereas, Resolution NO. 07-084 is incorporated herein, and the attached listed persons have successfully completed a medical evaluation as to the condition of the individual as it relates to the performance of the duties of a Fulltime Firefighter/Paramedic, background check, negative drug screen and other testing requirements.

Be it resolved that, pursuant to the Fulltime Firefighter hiring policy, the Township’s Personnel Hiring Policy and pursuant to ORC Section 505.38, we appoint the attached listed persons to the position of Fulltime Firefight/Paramedic, effective August 17, 2007 at the respective listed times.

Be it further resolved that the above Fulltime Firefighter/Paramedic appointees shall serve a one year probationary period after full certification, shall continue to maintain all required certifications and shall receive the compensation rate and other benefits as provided in the Negotiated Agreement with Jackson Township Firefighters Local 2280.

3-0 yes

Meeks administered the oath and announced a brief recess to allow time for pictures.

RESOLUTION 07-089, ATTACHED
Meeks moved and Pizzino seconded a motion to hereby acknowledge receipt of the attached military leave request from Firefighter/Paramedic Todd Osugi and authorize the placement of the Fiscal Officer and our signatures thereon.

3-0 yes

ATTACHMENT 08/13/07 C
Meeks moved and Pizzino seconded a motion to approve the appropriation transfer request from account code 228.210.5385, Other Expenses, to account code 228.210.5120, Overtime, in the amount of $40,000.00.

3-0 yes

Park Department
ATTACHMENT 08/13/07 D
Meeks moved and Pizzino seconded a motion to approve Budget Module 07-21 for Skate Park – Phase 1 in the amount of $21,945.00.

3-0 yes

ATTACHMENT 08/13/07 E
Meeks moved and Pizzino seconded a motion to approve Budget Module 07/22 for a Broyhill stadium vac in the amount of $4,995.00.

3-0 yes

RESOLUTION 07-090, ATTACHED
Meeks moved and Burger seconded a motion to authorize the transfer of $21,945.00 from Discretionary Appropriation Code 326.510.5387 in the Park Capital Projects Fund #326 to the Skate Park Appropriation Code 326.510.5772 to provide funding for phase one of the Skate Park in North Park and hereby authorize the transfer of $4,995.00 from Discretionary Appropriation Code 326.510.5387 in the Park Capital Projects Fund #326 to the Capital Equipment Appropriation Code 326.510.5658 in Fund #326 for the purchase of a Broyhill Stadium Vac.

3-0 yes

ATTACHMENT 08/13/07 F
Meeks moved and Burger seconded a motion to approve the appropriation transfer request from account code 326.510.5387, Discretionary, to account code 326.510.5772, Skate Park, in the amount of $21,945.00.
3-0 yes

ATTACHMENT 08/13/07 G
Meeks moved and Burger seconded a motion to approve the appropriation transfer request from account code 326.510.5387, Discretionary, to account code 326.510.5658, Capital Equipment, in the amount of $4,995.00.

3-0 yes

Police Department
RESOLUTION 07-091, ATTACHED
Meeks moved and Burger seconded a motion to adopt and authorize this Board or Police Chief Harley Neftzer to apply for, and if awarded, enter into an Agreement to administer a DARE Grant through the Office of the Attorney General.

3-0 yes

Meeks moved and  seconded a motion accept the memorandum of understanding as herein attached and authorize the placement of Chief Neftzer and Law Director  Fitzgerald’s signature.

3-0 yes

ATTACHMENT 08/13/07 H
Meeks moved and Burger seconded a motion to authorize posting in-house for the position of Police Lieutenant.

3-0 yes

Zoning & Planning Department
RESOLUTION 07-092, ATTACHED
Pizzino moved and Meeks seconded a motion whereas, the Jackson Township Board of Trustees, having been informed in writing that noxious weeds are growing on the lands in charge of Gregory & Kimberli Jackson, Jackson Township, described as follows:  Parcel No. 1626643, at 7608 Champaign Ave. NW, Jackson Township.

Therefore, be it resolved that said Gregory & Kimberli Jackson, whose tax mailing address is First American RE Tax Service, (FARETS) 1721 Moon Lake Blvd. Suite 400, Hoffman Estates, IL 60169, be notified by serving on them by certified mail with return receipt requested, a written copy of this resolution that said noxious weeds are growing on such lands and that, pursuant to ORC Section 5579.05, they must be cut or destroyed within five (5) days after the service of such notice or show this Boar cause why there is no need for doing so.  The owner shall have a continuing duty to cut or destroy the noxious weeds every 30 days from the date of this Resolution until September 30.  If the owner fails to meet this obligation within the five-day period, or the subsequent 30 day periods, the Township will mow at $150.00 per hour with a $400.00 minimum charge.

3-0 yes

RESOLUTION 07-093, ATTACHED
Pizzino moved and Meeks seconded a motion whereas, the Jackson Township Board of Trustees, having been informed in writing that noxious weeds are growing on the lands in charge of Jackson Development Corporation, Jackson Township, described as follows:  Parcel No. 1615161, at Vacant lot on the northwest corner of Dunmore and Perry, Jackson Township.

Therefore, be it resolved that said Jackson Development Corporation, whose tax mailing address is 6529 Fulton Dr. NW, Canton, OH 44718, be notified by serving on them by certified mail with return receipt requested, a written copy of this resolution that said noxious weeds are growing on such lands and that, pursuant to ORC Section 5579.05, they must be cut or destroyed within five (5) days after the service of such notice or show this Boar cause why there is no need for doing so.  The owner shall have a continuing duty to cut or destroy the noxious weeds every 30 days from the date of this Resolution until September 30.  If the owner fails to meet this obligation within the five-day period, or the subsequent 30 day periods, the Township will mow at $150.00 per hour with a $400.00 minimum charge.

3-0 yes

ATTACHMENT 08/13/07 I
Pizzino moved and Meeks seconded a motion that the Jackson Township Board of Trustees, Stark County, Ohio, hereby makes report and certifies that on the 12th day of June, 2007 it was informed in writing that noxious weeds were growing on lands of Daniel Rachel in Jackson Township and were about to spread and mature seeds; said lands being described as follows:  Uniondale Street NW, Lot #28, Oakdale Allotment, Parcel No. 16-05347, S.W. Qtr. Section 28, Jackson Township, and thereupon said Jackson Township Trustees caused said noxious weeds to be cut or destroyed by the Jackson Township Park Department.

The following is a statement of the charges for labor, material, and equipment used. . . .$400.00

You are hereby requested to cause such amount, when allowed, to be entered upon the tax duplicate and to be a lien upon the above-described real estate, from and after the date of the entry, and to be collected as other taxes and returned to the Township to be placed in the Township general fund.

3-0 yes

ATTACHMENT 08/13/07 J
Pizzino moved and Meeks seconded a motion that the Jackson Township Board of Trustees, Stark County, Ohio, hereby makes report and certifies that on the 24th day of July, 2007 it was informed in writing that noxious weeds were growing on lands of KEM Investments Co. in Jackson Township and were about to spread and mature seeds; said lands being described as follows:  5617 Portage Street NW, 4.07 acre, Parcel No. 16-19148, SW. Qtr. Section 11, Jackson Township, and thereupon said Jackson Township Trustees caused said noxious weeds to be cut or destroyed by the Jackson Township Park Department.

The following is a statement of the charges for labor, material, and equipment used. . . .$523.47

You are hereby requested to cause such amount, when allowed, to be entered upon the tax duplicate and to be a lien upon the above-described real estate, from and after the date of the entry, and to be collected as other taxes and returned to the Township to be placed in the Township general fund.

3-0 yes

Poindexter informed the Board the variance request for the billboard that abuts the Township property was denied by the Board of Zoning Appeals.  The billboard will be placed per the resolution.

Fiscal Office
ATTACHMENT 08/13/07 K
Meeks moved and Burger seconded a motion to pay the bills in the amount of $1,137,212.18.

3-0 yes

ATTACHMENT 08/13/07 L
Meeks moved and Burger seconded a motion to approve the minutes of the July 23, 2007 Board of Trustees meeting.

3-0 yes

ATTACHMENT 08/13/07 M
Meeks moved and Burger seconded a motion to approve the July 2007 financial reports.

3-0 yes

ATTACHMENT 08/13/07 N
Meeks moved and Pizzino seconded a motion to approve the fund transfer from fund 101, General Fund, to fund 214, Park Fund, in the amount of $214,504.48.

3-0 yes

Routine Business
Announcements

Old Business – None

New Business
ATTACHMENT 08/13/07 O
Meeks moved and Pizzino seconded a motion not to request a hearing on the transfer of liquor license to Margarita Factory LLC, 6081 Dressler Road & Patio.

3-0 yes

ATTACHMENT 08/13/07 P
Meeks moved and Burger seconded a motion not to request a hearing on the transfer of liquor license to Giant Ohio LLC, 4625 Portage NW.

3-0 yes

ATTACHMENT 08/13/07 Q
Meeks moved and Burger seconded a motion not to request a hearing on the transfer of liquor license to Giant Ohio LLC, 5467 Wales Avenue NW.

3-0 yes

Meeks moved and Burger seconded a motion to accept a $109.94 donation from Apex Eagle Hospitality – Friendly’s Restaurant for the Skate Park.

3-0 yes

Meeks moved and Pizzino seconded a motion to approve the signing of the letter of intent to continue with the natural gas program through SCOG.

3-0 yes

Meeks asked for a report on the amount saved by using the natural gas program.

Highway Department
ATTACHMENT 08/13/07 R
Meeks moved and Burger seconded a motion to approve the appropriation transfer request from account code 204.310.5387, Discretionary, to account code 204.310.5558, Drainage Supplies, in the amount of $10,050.00.

3-0 yes

ATTACHMENT 08/13/07 S
Meeks moved and Burger seconded a motion to approve the addendum to clarify the bid opening time for the Arlington/Fulton Traffic Light Project.

3-0 yes

Boger opened the bids received on the 2007 Curbing Replacement Project.

Meeks moved and Burger seconded a motion to approve the two addendums to the Curbing Replacement Project.

3-0 yes

MD Concrete, Inc.                                                $186,150.00
BCS Contractors, Inc.                                         $157,998.00
Tony Zumbo & Son Construction Co.               $146,880.00
Central Allied Enterprises                                  $150,399.00
Lockhart Concrete Co.                                        $147,900.00

Boger pointed out these bids are under what they had estimated they would be for 5100 feet of curbing repair located within the Township.

Public Speaks – Open Forum
No one came forward.

Meeks moved and Pizzino seconded a motion to adjourn.

 
_____________________________ _____________________________
Steven Meeks, President Randy Gonzalez, Fiscal Officer