Meeks called the meeting to order at 4:00 p.m. at Jackson Safety Center Training Room with all Trustees, Clerk, Lyon, Fitzgerald and Neftzer present.
Meeks moved and Pizzino seconded a motion to go into Executive Session for Police Department Personnel (Appointment/Employment/Discipline) – Disciplinary Hearing.
Upon return from Executive Session, Leslie Kuntz addressed the Board concerning the disciplinary hearing.
Meeks moved and Pizzino seconded a motion to grant an extension pending receipt of additional information on the disciplinary matter.
Meeks moved and Pizzino seconded a motion to go back into Executive Session for land acquisition, to consider the purchase of property for public purposes.
Upon return from Executive Session, Meeks called the General Session to order with all department heads joining. He requested that all cell phones and pagers be turned off at this time.
The Pledge of Allegiance was recited.
Public Speaks
Shawn O’Brien, 1460 Hillbrook addressed
the Board concerning the Zagan property.
RESOLUTION 04-101, ATTACHED
Meeks moved and Burger seconded a motion
to adopt the following resolution:
Now therefore be it resolved that the Board hereby terminates the probationary employment of Michael Saracina, Jr. effective September 27, 2004.
Be it further resolved that the Board hereby authorizes posting the position in every department for at least five working days in accordance with the Personnel Hiring Policy.
Kent Oliver, Library Director, Stark County District Library, addressed the Board concerning the upcoming levy.
Shawn O’Brien addressed the Board concerning the upcoming library levy.
Kay Bishop, Senior at Jackson High School, addressed the Board concerning the upcoming library levy.
Ann Woodard, 3287 Mallory Circle, addressed the Board concerning the upcoming library levy.
Administration Department
Meeks requested a breakdown and explanation
of responsibilities for the Star Spangled Celebration Committee.
Meeks moved and Pizzino seconded a motion to approve an Appropriation Transfer Request for the Administration Department from codes 101.110.5220, 101.140.5220, 101.120.5220, and 101.120.5220 to codes 101.115.5110, 101.115.5110, 101.115.5210 and 101.115.5212 in the amount of $47,552.81.
Central Maintenance Department
RESOLUTION 04-102, ATTACHED
Meeks moved and Pizzino seconded a motion
to adopt the following resolution:
BE IT RESOLVED THAT, pursuant to
ORC Section 505.10, the Board of Trustees hereby determines that the attached
described personal property owned by the Board of Trustees is not needed
for Township purposes.
BE IT FURTHER
RESOLVED THAT a public auction shall be held on October 30, 2004 at 10:00
a.m. at Skipco Financial Adjusters, Inc., 2306 Locust Street, Canal Fulton,
OH 44614 for the purpose of auctioning the attached described personal
property in accordance with the terms contained in the attached notice
of public auction which the Township Clerk is requested to post and advertise.
BE IT FURTHER RESOLVED THAT we hereby adopt and authorize the placement of our signatures upon the attached Agreement with Skipco Financial Adjusters, Inc. and authorize the President, Clerk or Law Director to execute all documents necessary to accomplish the auction.
Meeks moved and Burger seconded a motion to approve an Appropriation Transfer Request for the Central Vehicle Maintenance Department from code 101.170.5220 to code 101.170.5524 in the amount of $25,000.
Moore gave an update to the Board concerning the Highway Vehicle Maintenance garage.
Fire Department
Meeks moved and Burger seconded a motion
to approve an Appropriation Transfer Request for the Fire Department from
code 210.210.5398 to code 210.211.5485 in the amount of $8,000.
Meeks moved and Pizzino seconded a motion to approve an Appropriation Transfer Request for the Fire Department from code 228.210.5396 to code 228.210.5120 and from code 228.210.5652 to code 228.210.5120 for a total amount of $27,000.
Meeks moved and Burger seconded a motion to approve an Appropriation Transfer Request for the Fire Department from code 210.210.5652 to code 210.210.5770 in the amount of $7000.
Highway Department
Meeks moved and Burger seconded a motion
to approve Budget Module No. 13-A-04 for Portage West II Widening in the
amount of $291,704.90.
Meeks moved and Burger seconded a motion to approve Budget Module No. 18-A-04 for Applegrove/Frank/Strausser Improvement in the amount of $25,400.
Meeks moved and Pizzino seconded a motion to approve Budget Module No. 22-A-04 for Portage West I in the amount of $17,185.46.
Meeks moved and Burger seconded a motion to approve an Appropriation Transfer Request for the Highway/CMV Department from code 204.310.5387 to code 204.310.5552 in the amount of $12,000.
RESOLUTION 04-103, ATTACHED
Meeks moved and Burger seconded a motion
to approve the following Resolution:
NOW THEREFORE BE IT RESOLVED THAT:
Section 1. By virtue of the
provisions of ORC Section 4511.21 the Director of Transportation is hereby
requested to review the engineering and traffic investigation and to determine
and declare a reasonable and safe prima facie speed limit on Higbee Avenue
NW from Munson Street NW to Belden Village Avenue NW.
Section 2. That when this Board is advised that the Director of Transportation has determined and declared a reasonable and safe speed limit on the above section of road, standard signs, properly posted and giving notice thereof will be erected.
Legal Department
Meeks moved and Burger seconded a motion
pursuant to ORC Section 309.09(B), to employ and authorize the law firm
of Krugliak, Wilkins, Griffith & Dougherty Co. LPA to advise and represent
the Board of Trustees of Jackson Township, Stark County, Ohio or any other
member or employee thereof in any issues or matter as requested by the
Board of Trustees or Law Director including labor negotiations, grievance
administration or arbitration hearings, unfair labor practice charges or
other personnel issues or matters at the rate of $125 per hour in accordance
with the attached purchase order.
Police Department
Neftzer gave an update to the Board concerning
the upcoming Police Levy Plan.
Zoning and Planning Department
Meeks moved and Burger seconded a motion
to approve an Appropriation Transfer Request for the Zoning Department
from code 213.160.5220 to codes 213.160.5110, 213.160.5210, and 213.160.5212
in the amount of $16,600.
Meeks moved and Burger seconded a motion to approve a letter challenging the census.
Meeks moved and Burger seconded a motion to approve a Notice to Auditor for mowing noxious weeds for property located at 6367 Portage Street NW, in the amount of $867.
Meeks moved and Burger seconded a motion to approve a Notice to Auditor for Nuisance Abatement for property located at 6531 Yost Road NW, in the amount of $400.
Meeks moved and Burger seconded a motion to approve a Notice to Auditor for mowing noxious weeds for property located at 5940 Portage Street NW.
Meeks moved and Burger seconded a motion to approve requests from Jackson Local School District for waiver of fees for Amherst School and Lake Cable School.
Meeks moved and Burger seconded a motion to set a public hearing for Text Amendment #543-04 on October 14, 2004 at 7:00 p.m.
Meeks moved and Burger seconded a motion to grant a 30-day extension to make the structure located at 4056 Erie Street NW structurally sound to comply with the Jackson Township Zoning Code and Engineer’s letter or a nuisance order will be issued.
A public hearing for nuisance located at 6963 Harvey NW was opened at 7:00 p.m. The nuisance has been abated.
Joseph Dyar, 6963 Harvey NW, addressed the Board concerning the above nuisance.
At 7:15 p.m, a public hearing was opened for Zoning Amendment #542-04 which was continued from September 13, 2004. Phillippi explained that the request was to rezone from R-R (Rural Residential District) to R-3 (Residential Planned Unit Development District) 18 acres north of Hills & Dales Rd. bounded by the fire station to the west, Wackerly to the east, Everhard Rd. to the north, and 55.7 acres north of Everhard and west of Brunnerdale. The Regional Planning Commission recommended approval. The Township Zoning Commission recommended denial.
Leonard Corsi, NexTerra Ltd, 715 Wye Rd. in Bath, Ohio addressed the Board as the proposed developer of this property. He said, “Jackson Township does have a comprehensive plan and ordinances that facilitate zoning requests and that plan exists today. Over the past few years, we have spent enormous amounts of money, effort and time to develop, meet and exceed the requirements for the rezoning request. Our plan today when considered against the criteria requested of the Zoning Commission meets and exceeds all aspects of the criteria. I’d like to state that the Zoning Commission and more specifically, the dissenting votes cast their vote based upon and I quote, ‘The plan of attack that the Trustees have asked us to and that is to develop the comprehensive plan before anything else occurs in this Township’. This amounts to a moratorium. The three dissenting voters also stated and agreed that our plan and I quote, ‘was a good plan, a beautiful plan and an impressive plan’ by the same dissenting voters.”
“This evening we are before you to request a zoning change from R-R to R-3. There are 73.6 acres on both the north and south sides of Everhard Rd. That is 59.8 acres net taking out public right-of-way, gas wells, ditch channel, sanitary easements, gas easements, wetlands and ponds. We are proposing 131 units, the same number of units allowed under the existing RR zoning. Our development, which as you see to the right of me, is the one in the green. Within that it is comprised of five fee simple lots, 20,000 sq. ft., 60 fee simple lots, detached with a minimum of 75,000 sq. ft. with a minimum of 10 ft. setbacks. There are 66 condominium units.”
“The adjacent zoning is R-R (rural residential), R-1 (single-family), R4 (multi-family), and R-6 (PUD). The reason that we want to bring forth what the existing zoning is and the surrounding is that it continues the character and matches with the character of the developments surrounding it. Within the R-3 requirements there is a 25% open space requirements which is equal to 15 acres. Our plans at 61.3% open space, the equivalent of 36.67 acres.”
“We added approximately 5 acres to the original plan and that was to facilitate an additional point of ingress and egress so the development would have a traffic signal. This was suggested at our prior submittal and we felt it was a relevant, constructive criticism with a solution. That particular road is at the Hills and Dales traffic light and Everhard Rd. We implemented that for easier ingress and egress. There was some discussion from the County Regional Zoning and Planning with regard to the traffic. We’ve had subsequent discussion with them with regard to the design of that road and meeting the requirements for no cut-through on the traffic. Part of what their concern was is that originally we showed it as a private road but we have enough room in there that we put in for a public right-of-way so actually the whole main road would be public right-of-way allowing for the design in traffic from the County. It took us 12 months to negotiate and secure the parcel of land at considerable expense to provide this access.”
“I’d like to talk a little bit about sustainable design. What it means in conservation development. Sustainable design simply means alleviating the tension between economics, the environment, public safety, transportation, and for a high quality, positive economic impact of a development on a community. Our development took into consideration all aspects of the land both environmentally and from a public safety standpoint as well as creating open space areas for the development. Within the development there are walking paths, an organic garden and/or farm area that we plan to have implemented. We’ve performed a traffic study that was requested of us. It shows that there is no negative impact or no impact what-so-ever in the traffic generated by our development. It meets with the Stark County 20/20 plan recommendations.”
“We set the two plans before you because the plan to the right of our plan is the as of right now plan or the current R-R planning. Basically, it divides up all of the land into the standard lots required by that zoning. Many questioned the ability to cut into some of the wetland areas and into some of the pond areas but let me assure you that a developer can do this and can do this economically to make the deal pay. It’s not the type of development that we seek to do. We’ve committed ourselves to be sustainable developers and to produce quality projects with open space sensitivity to the environment especially sensitivity to our abutting neighbors. Our development strictly takes its place within the existing cornfield areas. We’ve preserved all trees. We’re preserving the existing ponds on the area. We are enhancing the plant life in the development and including enhancing the water and the drainage within the development itself. The other plan on the other hand, doesn’t take into any consideration the regard to the existing neighbors. It doesn’t take into any consideration with the regard to the ponds and streams and does everything that it can do legally and economically do. An example of that really is what happened to Belden Village. Our property has the same components of Belden Village prior to it being built. People say, ‘well you can’t do that. It’s too much money’. The good news is there is new growth and old growth trees on the hill which are worth money. There is that particular hill is a gravel pit which can be used to fill the areas of the site that we would need to fill. We can dredge the ponds to get them deeper and extend the pond areas to take more water. These are not things we want to do. We want to do what’s right for the land. We want to do what is right for the land owner. We’d like to do what’s right for the community. We feel very strongly about our plan. We think and we know that it is the way to develop which will help with the suburban sprawl that everybody is complaining about. The reason for suburban sprawl is the very plan that you see to the right of us. That is what has caused the over-use and consumption of land in our country and in our communities and has stressed our schools and our communities and their infrastructures.”
“With that, I’m complete with regard to our presentation. I thank you.
Corsi gave a video presentation.
Rob Vail, 2445 Brentwood NW, owner of the property, addressed the Board in favor of the zone change.
Joyce Lemmon, 5896 Marzilli Circle, addressed the Board in favor of the zone change.
George Diehl, 5903 Queensway St, addressed the Board in favor of the zone change.
Susan Sigmon, 3178 Trillium Ave, addressed the Board in favor of the zone change.
Mike Vance, 5942 Snowshoe Cir., addressed the Board in favor of the zone change.
Kevin Camphor, 4201 Parkdale NW, addressed the Board in favor of the zone change.
A. P. Porcario, 5934 Snowshoe Cir., addressed the Board in favor of the zone change.
Margaret Musleave, 5950 Snowshoe Cir., addressed the Board in favor of the zone change.
Jim Bauder, 6106 Armistice NW, addressed the Board in favor of the zone change.
Kathy Marzilli, 3726 Darlington, addressed the Board in favor of the zone change.
Alexis Dragovich, 3635 Barrington, addressed the Board in favor of the zone change.
Meeks closed this portion of the hearing. He asked if anyone wanted to speak in opposition to the zone change. No one came forward.
Meeks said, “There are a couple of comments that Mr. Corsi made at the beginning based on the comments that were made from the Commission by our own Zoning Commission members. First and foremost, this Board member has never given a directive to any Commission to stop growth until our comprehensive plan is in place. We felt very, very sincere and we felt it be important that we do have a comprehensive plan. However, we would be doing an injustice to not only the residents of Jackson Township but Jackson Township as a whole if we actually could put a moratorium on until a comprehensive plan was in place. We did check that out because, unfortunately let’s say, all the developers that try to develop within Jackson Township aren’t of the highest quality and they do not have the best interest of the use of the land, the surrounding areas, the residents, our roads, our infrastructure, our schools, our parks, all they care about is the fast buck. That is the stance that this Board takes that we’re not going to let that happen.”
“We have identified a lot of areas in our Township that we do need to be concerned with. Our green space preservation – open space or whatever you call it is in dire need of preserving, however, this Board nor this Township because of the success that we have achieved in the years of getting us to the point where we are today, our land is worth a lot of money. I would like to sit here and say that we’re able to buy all the existing green space that is available but we cannot do that. We are going to put a plan together to acquire as much as we possibly can, absolutely. We look daily. There are some creative ways that we can offer tax incentives to those who want to sell. The message should never have been to the Comprehensive Plan Steering Committee to put a self-imposed moratorium on growth and development. However, we are going to hold our developers who want to do business in our Township at a higher level that we had in the past. You can mark my word with that. We’re going to ask you as a developer to look at how your development impacts our existing residents, our roads, schools, parks, everything. Then we’re going to ask you to come up with a plan to place your dollars to improve those things. It isn’t that Jackson Township hasn’t paid their fair share; we have. We’ve spent millions upon millions of dollars improving not only our infrastructure but the county and state in our community.”
“This Board is also committed to improvement all the way around. You look at our track record. That’s what we stand on. We truly believe in Jackson Township. If you’ve ever heard me talk in any group, number one, I’m very proud of the residents and the Township that I serve in and I will do anything to protect it - knowing you would be doing an injustice when we see a developer take all of those things that we truly care about and throw it out the door. We truly know what can happen on the same parcel without the creative thinking and imaginary schemes that you put in your project. If I was to sit here and say, Mr. Corsi, you have a wonderful plan, but sorry, I won’t buy it and I’m not going to vote for it, and I know that it staring me in the face that would be an unjust action. You’ve all heard from me before, if you have a parcel of land, you have every right to sell that parcel of land and if you develop it for what it is presently zoned, you don’t need to come before this Board and that is what that other plan is. That is a plan that doesn’t need to have approval of this Board. But, I tell you what, I don’t think the residents of Jackson Township, even though they really care about suburban sprawl, they do care about just any development coming in but I think we are forced to make a decision here for the betterment of Jackson Township.”
“I do believe the plan that you have put before us, you’ve taken into consideration all that has been said with our comprehensive plan information that has been brought to your attention thus far – you have brought to our attention. I just hope that with this project that you live up to your presentation because, I tell you what, we will be checking on it from time to time, you will set a standard that we hope to hold all developers accountable for. My hat is off to you sir. I think that you have done a great thing with the Vail farm. Again, I’m not in favor of developing 100% of our green space, absolutely not, but when I’m forced to make a decision and I have to see what’s best for this community, knowing that a development is going to be built on that parcel, I’d be a fool if I didn’t go with what you presented here. But please sir, remember where you’re at, remember where you will be doing business, don’t ever forget you’re in Jackson Township, don’t ever forget the people who live and breathe next to your proposed community. We all have pride here no matter if we live in the northwest, southeast end, south, anywhere in our Township; we care about our community.”
“I guess I could ramble on but we talk about smart growth; this is smart growth absolutely. I believe you have met the requirements that are required of you. This is a true example of a developer listening to the voice of the people. That’s what we do; we listen to our residents. We work for them. You have gone through many hearings. You heard, I’m sure, a lot of unpleasant things. A lot of times, we don’t see the forest for the trees. I think the one young lady who testified that she is a tree-hugger, absolutely. She was against anything you had to say but when she truly realized that the possibilities of the worst case scenario that can happen without this Board’s approval – that’s true testament in itself that it is the lesser of two evils.”
“I’m sure my fellow Board members will make some comments before I go forward with a recommendation.”
Pizzino said, “For the last three days I have been looking at your plan, Mr. Corsi. I was there last year when that place was filled and standing room only and I’m going through this plan and I just can’t see what’s wrong with this plan. I looked at Mr. Phillippi and asked ‘what am I missing here? I got to be missing something.’ So I have almost two pages of notes why I think this is a good plan. I think Mr. Meeks covered most of it. Just to summarize, the plan does preserve all the natural features. You’ve got a great buffer zone for the adjacent neighbors. It definitely is comparable to the neighborhood. To have 61% in open space – hats off to you. That’s just a great plan. This Board member, like Mr. Meeks said, we never told any zoning commission member to stop doing business. They got to do their job. If they look at this plan, this plan is consistent with all our goals of our comprehensive zoning plan. This plan could be a model plan for our comprehensive zoning plan. Again, my hat is off to you. I appreciate everybody coming this evening and supporting this plan. I think this is going to be a great plan for Jackson Township and I thank you.”
Burger said, “I’m the comedian of the group so I just wanted to say that I heard a rumor that you people were riding around putting flyers in people’s mailbox with the wrong date for this hearing.” But seriously, I have watched this development here and it’s one of the most outstanding developments that we’ve seen come before us in my three years on the Board. I compliment you on it. When you get done with that, I know a couple of other areas of the Township that I’d like you to work on.”
Meeks said, “Slow down, Bill. Slow down.”
Burger said, “I think it is a fantastic job. I saw a couple areas where I thought maybe I should sell my house and move into it. There is a little bit of history to that area there that I’d love to tell you about some time without keeping everybody in suspense. I guess I feel bad that we put you off four months. It would have given you more time to get this development going. Good luck to you.”
Meeks said, “Mr. Corsi, in the future if there is ever a need to improve the roadways that are adjacent to your parcel, I hope that you are very generous in setting aside that right-of-way so that we aren’t held over a barrel, so-to-speak if we ever need that.”
Corsi said, “We have, within our plan, provided for the right-of-ways that are necessary for the future.”
Meeks moved and Pizzino seconded a motion to deny the recommendation of the Zoning Commission.
Pizzino said, “Mr. President, would you please explain to the group what this means in terms of voting?”
Meeks said, “What this means is, and I’m sure they were there. The Zoning Commission voted 3-2 for denial. What we are doing is denying their recommendation. All they do is recommend to us and we have three choices. Number one, we can adopt their recommendation, we can deny their recommendation, or we can adopt a modification to their recommendation. In this case, we deny their recommendation. What that means then is denying their denial is an approval. It also takes a unanimous decision of this Board.”
Pizzino said, “So if one person votes no, the decision stands.”
Meeks said, “Again, before we take the vote, I do appreciate those of you who have taken the time out through this long endeavor and I appreciate your heartfelt comments. It does mean a lot to us when you do take the time to come in and voice your opinion whether it is pro or against: we need that. We truly need to know how you feel. Again, I appreciate all the hard work and effort and please, make this project even more special than what we see with the frogs and hummingbirds. Randy, please call the roll.”
Meeks said, “Your project is on, sir.”
Clerk
Meeks moved and Burger seconded a motion
to pay the bills of Jackson Township in the amount of $2,363,837.87.
Meeks moved and Burger seconded a motion to approve the minutes of September 13, 2004 Board of Trustees meeting.
Meeks moved and Burger seconded a motion to set a public hearing for two lighting districts on October 14, 2004; Providence at 7:15 p.m. and Rolling Green #1 at 7:20 p.m.
Meeks moved and Burger seconded a motion to approve an Appropriation Transfer Request for the Clerk’s Department from code 101.150.5806 to code 101.150.5414 in the amount of $3,759.48.
Meeks moved and Burger seconded a motion to approve a Depository Agreement with Ohio Legacy Bank.
Meeks moved and Pizzino seconded a motion to approve a Request for Additional Amended Certificate.
Meeks moved and Burger seconded a motion to approve Fund Transfers in the total amount of $1,574,785.62.
Meeks moved and Pizzino seconded a motion to approve supplemental appropriations in the total amount of $176,958.95.
Routine Business
Announcements:
Gonzalez updated the Board on the progress of Township Hall renovations.
Moore updated the Board on the progress of the Highway/Maintenance Garage.
Neftzer updated the Board on the handicap accessibility of the Safety Center.
New Business
Meeks moved and Burger seconded a motion
to accept a $5.00 donation to the Skate Park Fund from Amy Costa.
Meeks moved and Burger seconded a motion to accept a $15.00 donation to the Skate Park Fund from Evan Biedenbach.
Public Speaks – no one came forward.
Meeks moved and Burger seconded a motion to go into Executive Session for Central Maintenance Personnel (Appointment/Employment/Compensation).
Upon return from Executive Session, Meeks moved and Burger seconded a motion to adjourn.
| _____________________________ | _____________________________ |
| Steven M. Meeks, President | Randy Gonzalez, Clerk |