The regular meeting of the Rootstown Township Trustees opened at 5:30 p.m. on July 10, 2007. Those in attendance were Trustees David Armentrout, Diane Dillon and Bonnie Howe. Fiscal Officer, JoAnn Townend, Bill Hahn, Chief Palmer, Jim Mahood, Van Black, and Julie Carpenter.

5:15 PM 2008 Tax Budget Public Hearing

JoAnn Townend presented the 2008 tax budget to the Trustees and residence.

Resolution No. 2007-101 – Motion was made by Bonnie Howe and seconded by Diane Dillon to adopt the proposed Tax Budget for year 2008. Upon roll call the vote as follows: David Armentrout, yea, Diane Dillon, yea, Bonnie Howe, yea.

The public hearing closed at 5:30 PM.

Resolution No. 2007-102 – Motion was made by Diane Dillon and seconded by Bonnie Howe to accept the minutes of June 26, 2007. Upon roll call the vote as follows: David Armentrout, yea, Diane Dillon, yea, Bonnie Howe, yea.

ZONING INSPECTOR’S REPORT

There were fifteen (15) acts of business.

Jim spoke to the manager of the Firehouse Bar & Grill regarding the complaint from neighbors. Tony Baggetta was present to inform the Board of what he has done to prevent future complaints. Mr. Baggetta said there is a DJ on Saturday nights and he has now closed the doors so it wouldn’t be as noisy. Mr. Baggetta said since the smoke law went into effect customers go outside and smoke. He now monitors outside and has told several customers not to come back due to their behavior. Mr. Baggetta is open to suggestions and will keep the Trustees informed. The Board is satisfied with what Mr. Baggetta has done to alleviate any problems.

Jim sent the letter to the Baker residents regarding the outline of items that need to be cleaned up at their residence on Broadway Street. Jim said there has been no change. He will keep monitoring.

Jim gave the Board a print out of single-family dwellings for January 1, 2006 through July 10, 2006 and January 1, 2007 through July 10, 2007. In 2006 there were 34 permits issued and 12 permits issued for 2007.

Don Cardinal of Marsh Creek Development was present to express his concerns of the homes in this development (Pine Drive) being used as rentals. Mr. Cardinal said it was supposed to be listed on the Zoning Commission meeting minutes this area was to be sold homes not rentals. Dave said the Trustees have been in close contact with several homeowners of the Marsh Creek Development. There is not an association formed in that particular section of the development. The Trustees contacted the Prosecutor’s Office and Sheriff’s Department and they have advised us that there should be individual legal representation. The State legislators have taken away a lot of regulatory permission from local entities as to where condos can be built. These now fall under State regulations.

Mr. Cardinal also said there were over 100 truckloads of fill dirt delivered by his house and a three-unit structure was built on it; when it rains his patio floods. Dave said the Soil & Water Conservation Office should have plans available for review.

ROAD SUPERINTENDENT’S REPORT

Bill informed the Trustees that he and Darrell inspected the pipe at the retention pond in Stoneridge Development and found nothing obstructing the water flow.

There were no funerals since the last meeting.

Diane said Dale is preparing the elevation maps for the pond at the park; it will take approximately a week.

Diane said the Park Committee would like to install benches at the park similar to the ones at the Randolph Fair. Diane said the fair purchased the lumber and Maplewood Career Center students built them. She will contact Maplewood.

5:45 PM Bid Opening for the 2007 Road Improvements for Curtis, Hogle and Cobblestone and Pebble.

The following bids were opened:

Company	BID
Karvo Paving Company	$95,589.50
Barbicas Construction Company, Inc.	$88,919.50
Delta Asphalt Company	$93,112.00
Perrin Asphalt	$96,437.80
The Shelly Company	$99,988.50
Shelly & Sands, Inc.	$104,860.00

Bill will deliver the bids to the Portage County Engineer’s Office for their review.

The bid opening closed at 6:05 PM.

FIRE DEPARTMENT

Chief Palmer is still working on the new Verizon account. There is a new representative and she is not aware of our agreement. It should be completed next week.

For the month of June the following calls were made:

EMS	56
Fire	14
Car Accidents	12
Total	82

When Bonnie attended a meeting with Senator Tom Sawyer; the fire chief from Brimfield Township was there and mentioned that Brimfield appreciates the cooperation and mutual aid Rootstown Fire Department provides.

RESIDENT’S COMMENTS

Several residents were present to express their concerns regarding who is responsible for maintaining the fire hydrants.

Don Cardinal, a resident of Rootstown, a customer and owner of the Rootstown Water Department was present to ask the Board to rescind their decision for the court action with Rootstown Water Company. He feels their actions are totally inappropriate based on what he knows about the township. Rootstown Water Company serves the township and keeps the water rates low. If the Board continues this action this would more than double the present water rates.

Nadine Patterson of Cranberry Hill was present to also express her concerns. Ms. Patterson thinks the Township feels there are certain owners of the water company - there aren’t individual owners, the people who use the water company are the owners. This is a non-profit organization. It would cost a lot of money for the water company to take care of the hydrants. Many residents on fixed incomes cannot afford rate increases.

John Ferino, Dallas Holcomb, Dick Bradick and Warren Melman were present and also agree with Mr. Cardinal and Ms. Patterson.

Dave said as being an individual share owner in the water company, as well as a Trustee of the Township, that the current president of the Water Company (Ron Snyder) has wage a debate through publishing letters at the water company’s expense to residents and customers of the water company. Dave said in the second letter sent, Mr. Sndyer included a copy of comments that Dave had written. Dave said he was angry when he received the last letter from Mr. Sndyer regarding the disagreement the Township is having with the Water Board. Several weeks ago the water company’s attorney contacted the Township attorney and asked if we would be interested in discussing these issues with a non-binding arbitrator. The Board agreed to meet with the water company in arbitration in August. Mr. Snyder knew of the meeting before the second letter was sent. Dave said for several years he has been trying to figure out as a Township Trustee where and what our relationship was with the Water Board. There has been no agreement in writing since the early 1950’s. Dave said sometimes the water company would repair the hydrants; sometimes the Township would repair them. As a public official it is very frustrating to watch out for our tax dollars. There was no response from the Water Board or Mr. Snyder. The attorney said there has to be some sort of contract, something in writing as to who is responsible. Mr. Snyder’s remarks are uninformed and inflammatory. Bonnie said this is not a lawsuit it is a declaratory judgment to see who is responsible for maintaining the fire hydrants. Bonnie said we have tried numerous times to try to meet the representatives from the Water Company with no response. The mediation conference is to be held August 28th.

Tina Jenior was present to discuss her child support checks.

Resolution No. 2007-103 – Motion was made by Diane Dillon and seconded by Bonnie Howe to rent a port-o-john from Miller & Company for use of the Rootstown Soccer Club at Gracie Field for the season in an amount not to exceed $300.00. Upon roll call the vote as follows: David Armentrout, yea, Diane Dillon, yea, Bonnie Howe, yea.

6:40 PM Public Hearing for Zoning Amendment ZC 2007-004, 005 & 006-Gaming Operations

Upon the recommendation and suggestions of the Zoning Commission and Regional Planning Commission to amend the following zoning amendments:

Resolution No. 2007-104 – Motion was made by Diane Dillon and seconded by Bonnie Howe to amend ZC 2007-004 – Indoor Recreation: An activity that utilities an indoor facility such as, but not limited to, game courts, exercise equipment, exercise and/or dance floor area, pools, locker rooms, spa, whirlpool or hot tub, and which may include an accessory retail shop for the sale of related equipment and shall not include any adult gaming establishment activities. The Portage County Prosecutor’s Office and the Regional Planning Commission also reviewed this amendment 2007-004. Upon roll call the vote as follows: David Armentrout, yea, Diane Dillon, yea, Bonnie Howe, yea.

Resolution No. 2007-105 – Motion was made by Bonnie Howe and seconded by Diane Dillon to amend ZC 2007-005 – Recreation Facilities: Public or private facilities that may be classified as ether “extensive” or “intensive” depending upon the scope of service offered and the extent of use. Extensive facilities generally require and utilize considerable areas of land include, but not need be limited to hunting, fishing, riding clubs and parks. Intensive facilities generally require less land (used more intensively) and include but need not be limited to miniature golf courses, amusement parks, stadiums and bowling alleys. This does not include sexually oriented business uses and/or adult gaming establishments as defined in this resolution. The Portage County Prosecutor’s Office and the Regional Planning Commission also reviewed Amendment 2007-005. Upon roll call the vote as follows: David Armentrout, yea, Diane Dillon, yea, Bonnie Howe, yea.

Resolution No. 2007-106 – Motion was made by Diane Dillon and seconded by Bonnie Howe to add a definition to Chapter 150 of the Zoning Resolution for ZC 2007-006 - Adult Gaming Establishments:

Means any place of business where skill-based amusement machines are located where a player of the skill-based amusement machine may receive monetary compensation based on the outcome of play (See Section 390.06A2d).

Skill-Based Amusement Machine: means a skill-based amusement device, or machine, whether or not the skill-based amusement machine requires payment (See Section 390.06A2h).

The Portage County Prosecutor’s Office and the Regional Planning Commission also reviewed Amendment 2007-006. Upon roll call the vote as follows: David Armentrout, yea, Diane Dillon, yea, Bonnie Howe, yea.

Bonnie said Judy Adamson records all zoning amendments.

Vera Hamrick said she has been attending the Township meetings for some time and understands the Trustees decision with the Rootstown Water Company.

Jim will be on vacation July 23rd – 27th.

NEW BUSINESS

Dave received a letter from Chris Meduri, Portage County Prosecutor’s Office regarding hold harmless. Dave will make copies for the Trustees.

Resolution No. 2007-107 – Motion was made by Bonnie Howe and seconded by Diane Dillon to agree to reimburse expenses for the yearly Township Association Seminar in Cleveland August 1st-4th. Upon roll call the vote as follows: David Armentrout, yea, Diane Dillon, yea, Bonnie Howe, yea.

FISCAL OFFICER

JoAnn contacted Chris Meduri to schedule a meeting with him prior to the water mediation hearing. The meeting is set for Thursday, July 19th at 10:00 AM in Chris Office.

JoAnn gave the Board a letter from the Randolph Fair Committee regarding signing up to work the fair and the Township display. Dave agreed to prepare the display board.

Resolution No. 2007-108 - Motion was made by Diane Dillon and seconded by Bonnie Howe to pay bills on file with the Fiscal Officer. Upon roll call all yeas and no nays.

JoAnn will try to attend the meeting in Paris Township on Friday regarding local government funds.

Dave will be able to attend the Regional Planning Meeting tomorrow.

Dallas Holcomb of Shannon Drive (behind Moser’s Development) informed the Trustees that six (6) residents now privately own the pond located there.

Resolution No. 2007-109 - Motion was made by David Armentrout to adjourn at 7:10 PM.

Respectfully Submitted:

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David Armentrout
Chairman

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JoAnn Townend
Fiscal Officer