The regular meeting of the Rootstown Township Trustees opened at 5:30 p.m. on June 24, 2008. Those in attendance were Trustees Diane Dillon, Bonnie Howe and David Armentrout, Darrell Stephens, Jim Mahood, Van Black, Chief Palmer and Julie Gonzales.

Resolution No. 2008-124 – Motion was made by Bonnie Howe and seconded by David Armentrout to accept the minutes with changes of June 10, 2008. Upon roll call the vote was as follows: Diane Dillon, yea, David Armentrout, yea, Bonnie Howe, yea.

ROAD SUPERINTENDENT’S REPORT

Joe Mosyjowski dropped off the plans from the Portage County Water Resources for the sanitary sewer grinder pump and sewer force main for Cook Road.

Darrell said the County Engineer hasn’t quoted a price to chip and seal Lynn Road.

The 25 MPH speed limit sign has been installed on Lexington.

Darrell asked for an invoice to release the $5,500.00 check for the trade in for the old truck.

Resolution No. 2008-125 – Motion was made by Bonnie Howe and seconded by David Armentrout to participate in the Ohio Department of Transportation’s rock salt program for the 2008-2009 winter season. Upon roll call the vote was as follows: Diane Dillon, yea, David Armentrout, yea, Bonnie Howe, yea.

Star Windows will be out to look at the window that is broken in the Town Hall.

Darrell asked the status of the credit application for Coleman. JoAnn said they needed too much information for a credit application. She will process a check. Darrell will get the correct amount for the laser.

Darrell has two quotes for the mower at the park; he will get one more quote. Darrell suggested storing the mower in the concession stand.

The mulch has arrived for the playground at the park.

Darrell will be meeting with Rob Such tomorrow to map and number the cremation lots. They will then be ordering markers.

Resolution No. 2008-126 Motion was made by Bonnie Howe and seconded by David Armentrout to purchase eight (8) trash cans, three (3) BBQ grills and one (1) pet station to be placed at the park from Peach Tree Products in an amount not to exceed $3,820.00. Upon roll call the vote was as follows: Diane Dillon, yea, David Armentrout, yea, Bonnie Howe, yea.

Dave has been looking through old files pertaining to the Rootstown Water Company. The 2005 and 2006 timesheets may have been inadvertently discarded. Darrell will also check storage.

The fire proof cabinet has been ordered. Darrell will get the dimension of the doorway for JoAnn.

Bonnie reported a resident on Herriff Road asked if the pot hole at the curve where the campground is located could be filled. Darrell will check it out.

FIRE DEPARTMENT

Chief Palmer spoke to Tom Zawistowski from TRZ Communications regarding an emergency notification system for our community. The cost is .10 cents per call. The Board is interested in meeting with Mr. Zawistowki. Chief Palmer will see if he is available on Tuesday, July 8th at 6:30 PM at the Town Hall.

Chief Palmer reported for the month of May 2008 billing $3,930.00 for non-resident ambulance service and collected $1,123.74. To date they have collected $13,587.23.

ZONING INSPECTOR’S REPORT

There were seven (7) act of business.

Jim took pictures and submitted them to Chris Meduri on Thursday.

Jim said at the Zoning Board of Appeals meeting they discussed a letter from Mary Ann Greer regarding residents who did not receive notification of a variance. The ZBA suggested placing a sign on the property to inform residents who do not get the newspaper or have access to a computer. Dave is in favor of keeping the residents informed. Diane thinks it infringes on the resident’s privacy rights. Bonnie also said she is not in favor of a sign. Jim said its 10 parcels of the variance property that need to be notified. Jim gave a sample of a road side sign to the Board.

There is a party on Saturday at the park pavilion.

Public Hearing - Zoning Amendments 2008-007, 008 & 009

Dave Armentrout opened the public hearing at 6:30 PM.

Zoning Amendment 2008-007 – 320.06 PRD Development Standards

The proposed amendment has been reviewed and approved by the Portage County Regional Planning Commission and by Chris Meduri, Portage County Prosecutor’s Office.

The rationale is to increase setbacks according to our Comprehensive Land Use Plan recommendations.

Resolution No. 2008-127 – Motion was made by David Armentrout and seconded by Bonnie Howe upon the recommendation of the Zoning Commission to approve Zoning Amendment 2008-007 – 320.06 PRD Development Standards as presented by the Rootstown Zoning Commission as follows:

(Existing/Proposed text shown in bold and deleted text show in strikethrough)

SECTION 320.06 DEVELOPMENT STANDARDS

The following specific development standards shall be adhered to in the design and layout of any PRD.

1. Minimum Setbacks. All buildings, structures and parking areas shall comply with the minimum setbacks set forth in Schedule 320.06 below.

2. Minimum Spacing Between Buildings. In order to ensure reasonable privacy and separation, individual buildings including terraces, desks and patios shall be separated by the minimum spacing set for in Schedule 320.06. This distance may be reduced by not more than 20 percent when the Zoning Commission finds that adequate landscaping and screening is provided to ensure privacy between units. The following definitions shall apply to terms used in this Section.
   1. Main Wall. An outside wall (front and rear) of a building that contains the primary windows of any living, family or dining room.

   2. End Wall. An outside wall (side) that is blank or that does not contain primary windows of a living, family or dining room.

	O-C	R-1	R-2	R-V
1. Setback from existing streets including state highways	70 ft.	70 ft.	40 ft.	40 ft.
2. Setback from project boundary	50 ft.	50 ft.	30 ft.	20 ft.
3. Setback from interior street a) Public – r-o-w	20 ft.	20 ft.	20 ft.	20 ft.
b) Private – pavement	20 ft.	20 ft.	20 ft.	20 ft.
4. Distance between buildings a) Main Wall	80 ft. (a)	80 ft. (a)	60 ft. (a)	60 ft. (a)
b) Main Wall to End Wall	50 ft.	50 ft.	40 ft.	40 ft.
c) End Wall to End Wall	25 ft. (b)	15 ft. (b) 20	10 ft. (b) 15	10 ft. (b) 15
Notes to Schedule 320.06: (a) Or equal to the sum of the height of both buildings, whichever is greater. (b) Or equal to the average height of the two buildings, whichever is greater.

Upon roll call the vote was as follows: Diane Dillon, yea, David Armentrout, yea, Bonnie Howe, yea.

Zoning Amendment 2008-008 – 320.07 PRD Open Space Requirements

The proposed amendment has been reviewed and approved by the Portage County Regional Planning Commission and by Chris Meduri, Portage County Prosecutor’s Office.

The rationale is to increase setbacks according to our Comprehensive Land Use Plan recommendations.

Resolution No. 2008-128 - Motion was made by David Armentrout and seconded by Bonnie Howe upon the recommendation of the Zoning Commission to approve Zoning Amendment 2008-008 PRD Open Space Requirements as presented by the Rootstown Zoning Commission as follows:

(Existing/Proposed changes shown in bold print)

SECTION 320.07 OPEN SPACE REQUIREMENTS

Open space shall comply with the following:

1. Design Criteria. The open space shall be located and designed to the satisfaction of the Zoning Commission.
   1. The open space shall conform to Schedule 320.05 E and;
      1. Be sufficiently aggregated to create large areas and planned open space;
      2. Conserve significant natural topographic and landscape features to the extent practicable;
      3. Be easily accessible to residents of the PRD;
      4. Not be less than 70 feet in width at any point, unless otherwise specified in this Section;
      5. Be interconnected with open space areas within the PRD and on abutting parcels, wherever possible, by open space corridors.

   2. Land area devoted to the following shall not be included as meeting the open space requirement:
      1. Public street rights-of-way, private roads, and parking areas;
      2. Required setbacks between buildings, parking areas and project boundaries and between buildings and public or private streets unless the required setback is contiguous to and part of a larger area of open space;
      3. Required spacing between buildings and between building and parking areas;
      4. Private yards within subdivided lots;
      5. A minimum of 15 feet between buildings and open space.
      6. Permanent bodies of water, wetlands and floodplains should comprise no more than twenty (20) percent of total required open space area.

   3. Areas designated for open space purposes may be:
      1. Preserved as wetlands, woodlands, lakes or ponds, historic lands, environmentally sensitive areas, or similar conservation-oriented areas; or
      2. Used for or capable of being used for outdoor active or passive recreation.
      3. Arranged to create isolated groupings of dwelling units and/or the buildings containing the dwelling unites as opposed to an uninterrupted row of dwelling units and/or the buildings containing the dwelling units fronting along a roadway.

   4. Any open space intended to be devoted to recreational activities shall be of a useable size and shape for the intended purposes as determined by the Zoning Commission. Where deemed appropriate by the Zoning Commission, recreation areas shall be provided with sufficient parking and appropriate access.

   5. An open space buffer zone shall be created along the frontage of existing roads and abutting parcels:
      1. Open space buffers along existing roads.

         An open space buffer shall be preserved on existing roads fronting or abutting the parcel to be developed. The open space buffer depth shall be in accordance with the specifications of Schedule 320.07.A.5a.

         Schedule 320.07.A.5.a

         	O-C	R-1	R-2	R-V
         1. Minimum open space buffers along an existing road right-of-way.	60 ft.	60 ft.	30 ft.	20 ft.
         2. Minimum open space buffer along an existing road right-of-way.	250	250	120	60

         Each parcel shall be judged on its own merits based on the following criteria.

         1. A PRD subdivision development that includes plans for allowing natural or manmade features, such as trees or hills alongside the roadways to further shield the view of the development from the existing roadway will be allowed a shallower buffer (see figure 320.07.A.5.a)

         2. A PRD subdivision development that includes plans for unobstructed views from the existing roadway will be required to have a deeper buffer in order to minimum the perceived density of site improvements buffer (see figure 320.07 A.5.a)

         The developer is permitted to make use of an open space buffer with a greater depth. The depth of an open space buffer shall be established early in the plan review process.

      2. Open space buffers along the perimeter of abutting neighboring parcels.

         An open space buffer shall be designed on the perimeter of the project having no frontage on an existing road. The minimum buffer width shall be in accordance with Schedule 320.07 A.5.b for the corresponding zoning district.

         Schedule 320.07 A.5.b

         	O-C	R-1	R-2	R-V
         1. Open space buffers along the perimeter of abutting neighboring parcels	60 ft.	60 ft.	30 ft.	20 ft.

      3. Individual buildings shall not infringe into either of the frontage or perimeter open space buffer areas.

   6. The Creation of Common Open Space
      1. In the event a portion of the open space is to be held in private ownership, each development is required to set aside a minimum amount of open space that shall be dedicated for public use or reserved for the common use of all property owners or tenants within the proposed development as common open space. The amount of open space that is to be devoted for common open space shall be in compliance with the Portage County Subdivision Regulations, but in no case shall the amount of land devoted to common open space be less than 1/8 (12.5%) of the required open space area. Additionally, the land area devoted to common open space shall be suitable for both passive and active recreation and be easily accessible to all of the PRD’s residents. Additionally, the land area necessary to meet the minimum requirements of this section shall not be comprised of wetlands and floodplains. However, permanent bodies of water should comprise no more than twenty (20) percent of total required common open space area. The Zoning Commission may increase this amount up to 30% depending upon the feature’s utility as a recreational or open space asset.

      2. In addition to the requirements of Section 320.07.A.6.a, all land that is to be used for sewage service, storm water management, and/or water supply facilities for the proposed PRD development shall be located entirely within the common open space areas. Where such facilities are located, easements satisfactory to the appropriate agency/entity shall be established to require and enable maintenance of such facilities by the appropriate parties.

      3. Once the minimum common open space land area requirements of Section 320.07.A.6a have been satisfied additional land area, such as described in Section 320.07.A.6a and 320.07.A.6.b, as well as all of or any portion of the open space, including but not limited to wetlands, steep slopes and floodplains, may be designated as common space.

2. Restriction on Further Subdivision of Open Space. All open space shall be prohibited from further subdivision or development by deed restriction, conservation easement, or other agreement in a form acceptable to the Township’s Legal Advisor and duly recorded in the office of the Recorder of Deeds of Portage County.

3. Ownership of Open Space. Subject to such permanent prohibition as set forth above open space in a planned residential development may be owned by the township, and association, a land trust or other conservation organization recognized by the township, or by a similar entity.
   1. Offer of Dedication. The township may, but shall not be required to, accept dedication in the form of fee simple ownership of the open space as public parkland.

   2. Associations. Open space may be held as common area by an association in compliance with Section 320.10.

   3. Transfer of Conservation Easements. With the permission of the township, the owner(s) of the open space may, in accordance with the provision of ORC Section 5301.67-70, grant a conservation easement to any of the entities listed in ORC Section 5301.68, provided that:
      1. The entity is acceptable to the township;
      2. The provisions of the conservation easement are acceptable to the township; and
      3. The conveyance contains appropriate provision for assignment of the conservation easement to another entity authorized to hold conservation easement under ORC Section 5301.68 in the event that the original grantee becomes unwilling or unable to ensure compliance with the provisions of the conservation easement.

   4. Private Ownership of Open Space:

      The Zoning Commission may allow open space to be retained by the applicant or other private entity subject to all standards and criteria for open space herein including its preclusion from being developed.

   5. Ownership of the Common Open Space:

      The area dedicated as common open space shall forever be accessible for use by all the residents and their guests. Any transfer of ownership of the common open space shall be only to an Association as described in Sections 320.07.C.2 or dedicated to the public. Transfer of ownership to anyone other than an Association or other approved public entity shall be approved by the Zoning Commission and must be consistent with the intent of these regulations.

Upon roll call the vote was as follows: Diane Dillon, yea, David Armentrout, yea, Bonnie Howe, yea.

Zoning Amendment 2008-009 – 320.10 PRD Standards… for Common Areas

The proposed amendment has been reviewed and approved by the Portage County Regional Planning Commission. Chris Meduri, Portage County Prosecutor’s Office has a slight modification to the wording.

The rationale is to incorporate useable open space terminology and use into the zoning resolution as recommended in the Comprehensive Land Use Plan.

Resolution No. 2008-129 - Motion was made by David Armentrout and seconded by Bonnie Howe upon the recommendation of the Zoning Commission to approve Zoning Amendment 2008-009 PRD Standards…for Common Areas as presented by the Rootstown Zoning Commission as follows:

(Existing/Proposed text shown in bold (italics & underlined in heading) and deleted text show in strikethrough)

SECTION 320.10 - STANDARDS AND CRITERIA FOR COMMON OPEN SPACE AREAS.

Common open space areas shall be held in common ownership by a homeowners’ association or held by individual of a condominium association as tenants-in-common or controlled by a similar legal entity.

1. The Township’s legal advisor shall determine that, based on documents submitted with the development plan, the association’s by-laws or code of regulations specify the following requirements:
   1. Membership in the Association shall be mandatory for all purchasers of lots in the development or units in the condominium.

   2. The Association shall be responsible for maintenance, control and insurance of common areas.

2. The association shall convey to grant the township, after proper notice, right to entrance to any common area for emergency purposes or in the event of nonperformance of maintenance or improvements affecting the public health, safety and welfare. Such township shall have the right after proper notice, to make improvements and perform maintenance functions. In addition, the township shall have the right to proceed against the Association for reimbursements of said costs, including the right to file liens against individual condominium units, houses and vacant building lots. The township may proceed against the homeowners association and the lot owners in the subdivision to collect any and all of its costs ensuring the appropriate maintenance of such common open space areas, including the filing of liens against the homeowners association upon the lots in the subdivision and the lot owners. These provisions may also apply to condominium properties, unit owners associations, and unit owners.

Upon roll call the vote was as follows: Diane Dillon, yea, David Armentrout, yea, Bonnie Howe, yea.

The public hearing was closed at 6:42 PM.

UNFINISHED BUSINESS

Diane will e-mail Chris Meduri to schedule a meeting.

NEW BUSINESS

Diane asked Chuck to provide a proposed budget in the event that the fire levy does not pass.

The Rootstown Chamber of Commerce will host their 2nd Annual Yard Sale at the First Congregational Church on Saturday, June 28th.

FISCAL OFFICER

Resolution No. 2008-130 – Motion was made by David Armentrout and seconded by Bonnie Howe to pay bills on file with the Fiscal Officer. Upon roll call all yeas and no nays.

Resolution No. 2008-131 – Motion was made by David Armentrout and seconded by Bonnie Howe to set a public hearing for the 2009 tax budget on July 8th at 5:00 PM at the Town Hall. Upon roll call the vote was as follows: Diane Dillon, yea, David Armentrout, yea, Bonnie Howe, yea.

Resolution No. 2008-132 – Motion was made David Armentrout and seconded by Bonnie Howe to advertise for the sanitary sewer grinder pump and sewer force main project on Cook Road after all the documentations have been completed. Upon roll call the vote was as follows: Diane Dillon, yea, David Armentrout, yea, Bonnie Howe, yea.

Resolution No. 2008-133 – Motion was made by Bonnie Howe and seconded by David Armentrout to approve the invoice for filing fee submitted by the Portage County Water Resources Department in an amount not to exceed $400.00 for the sanitary sewer grinder pump and sewer force main project to be installed at Cook Road. Upon roll call the vote was as follows: Diane Dillon, yea, David Armentrout, yea, Bonnie Howe, yea.

JoAnn received an e-mail from Terri Fassnacht regarding updating the Rootstown Historical Society’s web site. Julie will contact Michele to see if she is interested.

Resolution No. 2008-134 - Motion was made by Bonnie Howe to adjourn at 7:12 PM.

Respectfully Submitted:

_____________________________________
Diane Dillon
Chairperson

_____________________________________
JoAnn Townend
Fiscal Officer