RECORD OF PROCEEDINGS MINUTES OF JACKSON TOWNSHIP BOARD OF TRUSTEES MEETING OCTOBER 11, 2011

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1 RECORD OF PROCEEDINGS MINUTES OF JACKSON TOWNSHIP BOARD OF TRUSTEES MEETING OCTOBER 11, 2011 Pizzino called the meeting to order at 3:05 p.m. at the Jackson Township Hall with all Trustees, Fiscal Officer, Lyon, Fitzgerald, Zink, Hogue and Boger present. Pizzino moved and Burger seconded a motion to go into Executive Session for Police Department Personnel (Appointment/Employment/Compensation) interview part-time Police Officers. Pizzino moved and Burger seconded a motion to go into Executive Session for Police Department (Appointment/Employment/Compensation) Parking Bureau Hearing Examiner applicant. Pizzino moved and Burger seconded a motion to go into Executive Session for Public Works Department Personnel (Appointment/Employment/Compensation). Pizzino moved and Burger seconded a motion to go into Executive Session to prepare for negotiations with public employees. Upon return from Executive Session at 5:12 p.m., Pizzino 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 None Gonzalez introduced Judge Elum and Vivianne Duffrin representing the Sheriff s Office. Judge Elum thanked the Board for allowing him to speak to the residents of Jackson Township about Issue 29. He explained that the Massillon Municipal Court covers the western half of Stark County. He said he is here to ask for the Board s and the community s support for Issue 29, the Criminal Justice and Administrative Justice Services Tax. He explained that it is a.5% tax that will be on the ballot and that it is critical to the Massillon Municipal Court, to the Jackson Township Police Department and the safety of the community that this issue passes. Judge Elum complimented the Police and Fire Departments on doing an excellent job. Judge Elum explained that without the resources at the Stark County jail defendants will not do their community service, will not pay their fines and costs, will not do Quest treatment or project solutions. He said that come Friday afternoon any domestic violence arrests, felonious assault arrests or a weapons charge will not be booked into the Stark County jail for the weekend. He explained what would happen in more detail. Page 1 of 12 October 11, 2011

2 Vivianne Duffrin said she is the Human Resource Director and Labor Attorney for the Stark County Sheriff s Office. She asked that the Board consider a resolution in support of Issue 29. She said the failure of Issue 29 would have dire consequences for the entire county. She said currently the Stark County jail has a bed capacity of 502 and due to prior reductions they are down to housing around 300 offenders. She said if Issue 29 does not pass, the Sheriff will have to issue lay-off notices and the jail would be down to a 122 bed maximum. Ms. Duffrin said that without a place to house the offenders, without consequences for the offenders and without sufficient prosecutors to prosecute the offenders the criminal justice system will come to a screeching halt. She pointed out that with 122 beds the jail would be able to house only the worst felons. Chief Zink pointed out some of the other services used by the Jackson Township Police Department that are provided by the County Criminal Justice System. Gonzalez pointed out that as Chief Deputy of the Canton Municipal Court he was project manager for the Criminal Justice Information System. He said that system allocates what happens at the jail by allocating use of the beds to the judges. He said that Judge Elum had 20 beds at one time and is now down to 8. Pizzino asked if anyone has questions. It was asked if this was a new tax or a renewal. Gonzalez explained there currently is no tax. He said there was a half percent that was imposed by the Commissioners that was repealed and taken off and there was a quarter percent that was passed by the public that the Commissioners let expire. Public Works Department Highway ATTACHMENT 10/11/11 A Walters moved and Burger seconded a motion to adopt and ratify the attached Addendum #1 for the Salt Storage Building Addition Project. At 5:15 p.m., Boger opened the bids received for the Salt Storage Building Addition. BCMC Inc. $108, Scheetz Building Corp. $ 82, Schalmo Builders, Inc. $ 76, RBS General Contracting LLC $ 88, Miller Builders $ 76, ATTACHMENT 10/11/11 B Pizzino moved and Burger seconded a motion to approve Budget Module A for Sandpiper-Hillfield Storm Sewer Replacement in the amount of $27, Page 2 of 12 October 11, 2011

3 ATTACHMENT 10/11/11 C Pizzino moved and Burger seconded a motion to approve the appropriation transfer request from account code , Discretionary, to account code , Drainage, in the amount of $27, ATTACHMENT 10/11/11 D Pizzino moved and Burger seconded a motion to approve the appropriation transfer request from account code , Discretionary, to account code , Aggregates, Asphalt, Etc., in the amount of $10, ATTACHMENT 10/11/11 E Pizzino moved and Burger seconded a motion to approve the appropriation transfer request from account code , Discretionary, to account code , Vehicle Maintenance, in the amount of $26, ATTACHMENT 10/11/11 F Walters moved and Burger seconded a motion to extend the time of completion for the 2011 Curb Replacement Project until October 21, Boger said the rain has slowed the project down but it should be complete within the next few days. ATTACHMENT 10/11/11 G Walters moved and Burger seconded a motion to extend the time of completion for the 2011 Resurfacing Project until October 14, Boger said the resurfacing project is complete. Central Maintenance RESOLUTION , ATTACHED AUCTION OF TOWNSHIP PERSONAL PROPERTY Walters moved and Burger seconded a motion pursuant to ORC Section , 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 November 5, 2011 at 10:00 a.m. at Skipco Financial Adjusters, Inc., 700 Elm Ridge, Canal Fulton, Ohio 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 Fiscal Officer 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, Fiscal Officer or Law Director to execute all documents necessary to accomplish the auction. Page 3 of 12 October 11, 2011

4 Park ATTACHMENT 10/11/11 H Walters moved and Burger seconded a motion to accept the attached donation of the described North Park Softball Field Improvements. Walters moved and Burger seconded a motion to accept a $40.00 donation to the Parks from John Pizzino, Jamie Walters, Bill Burger, and Randy Gonzalez in memory of Wanda Hinderer. Walters moved and Burger seconded a motion to accept a $40.00 donation to the Park Tree Fund from John Pizzino, Jamie Walters, Bill Burger, and Randy Gonzalez in memory of Bonnie Sprankle. Administration Department RESOLUTION , ATTACHED HALLOWEEN Walters moved and Burger seconded a motion that in accordance with the attached resolution of the Stark County Commissioners, we hereby adopt their recommendation that all political subdivisions within Stark County uniformly observe Halloween (door-to-door trick or treat activities) each year between 3:00 and 5:00 p.m. on the afternoon of October 31 if it falls on Saturday or Sunday or on the afternoon of the preceding Sunday if October 31 falls on weekday (Monday through Friday). RESOLUTION , ATTACHED EMPLOYEE HANDBOOK AMENDMENT-DRIVING RULES AND REGULATIONS Walters moved and Burger seconded a motion to adopt the attached amended Driving Rules and Regulations section of the Employee Handbook. ATTACHMENT 10/11/11 I Walters moved and Burger seconded a motion to adopt the attached amended organizational chart for the Jackson Township Public Works Department, effective immediately. ATTACHMENT 10/11/11 J Pizzino moved and Burger seconded a motion to approve the appropriation transfer request from account code , Discretionary, to account code , Postage, in the amount of $3, and from account code , Discretionary, to account code , Newsletter, in the amount of $6, ATTACHMENT 10/11/11 K Walters moved and Burger seconded a motion to approve an unpaid leave of absence for Tonya Marketich for the purpose of Family & Medical Leave, not to exceed her remaining FMLA balance. Page 4 of 12 October 11, 2011

5 Legal Department RESOLUTION , ATTACHED JOINT ECONOMIC DEVELOPMENT DISTRICT BOARD OF DIRECTORS Walters moved and Burger seconded a motion pursuant to attached ORC Section and attached Section 9 of the Jackson/Canton Joint Economic Development district Contract, we hereby appoint John E. Pizzino, President, Board of Trustees of Jackson Township, Stark County, Ohio, as the Township member of the Jackson/Canton Joint Economic Development District Board of Directors (JEDD Board of Directors) and Thomas A. Chiappini, Chief Operating Officer and Treasurer, Stark State College, as the member of the JEDD Board of Directors representing the owners of businesses located within the District. Police Department RESOLUTION , ATTACHED PART TIME POLICE PATROL OFFICERS Walters moved and Burger seconded a motion pursuant to ORC Section and , we hereby appoint the attached listed persons as Part-Time Patrol Officers and Township Constables for the Jackson Township Police District, Stark County, Ohio, contingent upon providing proof of Ohio Peace Officer Training Academy certification, successful completion of the psychological and physical evaluation, background check, negative drug screen and any other testing requirements. Pizzino yes Walters abstained Burger yes RESOLUTION , ATTACHED PARKING HEARING EXAMINER KEITH A. WARSTLER, JR. Walters moved Burger seconded a motion whereas, on Jun 11, 1991, the Jackson Township Board of Trustees, pursuant to ORC Section , established a parking violations bureau authorized to handle any and all parking infractions occurring within the territorial confines of the unincorporated area of Jackson Township as non-criminal violations which was approved by the Massillon Municipal Court on Jun 28, Be it resolved that the Jackson Township Board of Trustees, pursuant to ORC Section , hereby appoints Keith A. Warstler Jr., an attorney admitted to the practice of law in Ohio, as the Hearing Examiner of said bureau effective October 12, Zoning & Planning Department ATTACHMENT 10/11/11 L Stark County, Ohio, hereby makes report and certifies that on the 20 th day of June, 2011 it was informed in writing that noxious weeds were growing on lands of Westshore Land Company LLC in Jackson Township and were about to spread and mature seeds; said lands being described as follows: Chermont Street NW, Spring Landing Allotment, Lot #1, Parcel No. 16- Page 5 of 12 October 11, 2011

6 30311, N.W. Qtr. Section 14, Jackson Township, and thereupon said Jackson Township Trustees adopted and served a resolution requiring that said noxious weeds be cut or destroyed. Labor, materials, and equipment used $ $ ATTACHMENT 10/11/11 M Stark County, Ohio, hereby makes report and certifies that on the 23 th day of May, 2011 it was informed in writing that noxious weeds were growing on lands of Jeremy D. and Jennifer N. Fleishour in Jackson Township and were about to spread and mature seeds; said lands being described as follows: 7191 Knight Street NW, Clover Dale #1, Lot 48, Parcel No , S.E. Qtr. Section 33, Jackson Township, and thereupon said Jackson Township Trustees adopted and served a resolution requiring that said noxious weeds be cut or destroyed. Labor, materials, and equipment used $ $ ATTACHMENT 10/11/11 N Stark County, Ohio, hereby makes report and certifies that on the 30 th day of June, 2011 it was informed in writing that noxious weeds were growing on lands of Providence Development Co. Ltd. in Jackson Township and were about to spread and mature seeds; said lands being described as follows: Hills and Dales Road NW, Lot 1, Parcel No , N.E. Qtr. Section 33, Jackson Township, and thereupon said Jackson Township Trustees adopted and served a resolution requiring that said noxious weeds be cut or destroyed. Labor, materials, and equipment used $ $ Page 6 of 12 October 11, 2011

7 ATTACHMENT 10/11/11 O Stark County, Ohio, hereby makes report and certifies that on the 30 th day of June, 2011 it was informed in writing that noxious weeds were growing on lands of Providence Development Co. Ltd. in Jackson Township and were about to spread and mature seeds; said lands being described as follows: Vineyard Avenue NW, Lot 2, Parcel No , N.E. Qtr. Section 33, Jackson Township, and thereupon said Jackson Township Trustees adopted and served a resolution requiring that said noxious weeds be cut or destroyed. Labor, materials, and equipment used $ $ ATTACHMENT 10/11/11 P Stark County, Ohio, hereby makes report and certifies that on the 30 th day of June, 2011 it was informed in writing that noxious weeds were growing on lands of Providence Development Co. Ltd. in Jackson Township and were about to spread and mature seeds; said lands being described as follows: Vineyard Avenue NW, Lot 28, Parcel No , N.E. Qtr. Section 33, Jackson Township, and thereupon said Jackson Township Trustees adopted and served a resolution requiring that said noxious weeds be cut or destroyed. Labor, materials, and equipment used $ $ ATTACHMENT 10/11/11 Q Stark County, Ohio, hereby makes report and certifies that on the 30 th day of June, 2011 it was informed in writing that noxious weeds were growing on lands of Providence Development Co. Ltd. in Jackson Township and were about to spread and mature seeds; said lands being described as follows: Vineyard Avenue NW, Lot 29, Parcel No , N.E. Qtr. Section 33, Jackson Township, and thereupon said Jackson Township Trustees adopted and served a resolution requiring that said noxious weeds be cut or destroyed. Labor, materials, and equipment used $ $ Page 7 of 12 October 11, 2011

8 ATTACHMENT 10/11/11 R Stark County, Ohio, hereby makes report and certifies that on the 21 st day of July, 2011 it was informed in writing that noxious weeds were growing on lands of Barbara Frey in Jackson Township and were about to spread and mature seeds; said lands being described as follows: th Street NW, Parcel No , S.E. Qtr. Section 36, Jackson Township, and thereupon said Jackson Township Trustees adopted and served a resolution requiring that said noxious weeds be cut or destroyed. ATTACHMENT 10/11/11 S Stark County, Ohio, hereby makes report and certifies that on the 9 th day of May, 2011 it was informed in writing that noxious weeds were growing on lands of Megan Oakes in Jackson Township and were about to spread and mature seeds; said lands being described as follows: 6496 Pebble Creek Avenue NW, Blendon Ridge Allotment 2, Lot #35, Parcel No , N.W. Qtr. Section 14, Jackson Township, and thereupon said Jackson Township Trustees adopted and served a resolution requiring that said noxious weeds be cut or destroyed. ATTACHMENT 10/11/11 T At 5:57 p.m., Pizzino opened the Public Hearing for Nuisance violation at 6625 Fulton Road NW. Poindexter briefed the Board on the notification efforts for the nuisance violation. She said she received a response from Chase Bank. She said Chase Bank informed her that they will not abate the nuisance on the property as long as there is someone living on the property. Pizzino said he has received complaints about this property and has gone out to view it. He said it is a nuisance. He asked Ms. Poindexter s recommendation. Page 8 of 12 October 11, 2011

9 Poindexter recommended that the Township step in and clean up the property. Pizzino asked if anyone would like to speak for or against the violation. No one came forward. Pizzino closed this portion of the hearing. Walters moved and Burger seconded a motion pursuant to Ohio Revised Code Section and Township legislation, we hereby declare the overgrown grass, weeds, vegetation and a fallen tree located at 6625 Fulton Road NW, Jackson Township, Stark County, Ohio 44718, Permanent Parcel Number a nuisance. Be it further resolved that we hereby adopt the attached Notice to Abate Nuisance which shall be served by certified mail upon the property owner and any lien holders of record. ATTACHMENT 10/11/11 U Poindexter presented the Board with information on the nuisance violation at 7969 Bricker Road NW, Jackson Township, Stark County, Ohio 44646, Permanent Parcel Number She said there is a porch on the back of the house with the roof falling in and in general disrepair. She said she has heard nothing from the property owner. Pizzino opened the Public Hearing. He asked if anyone would like to speak for or against the nuisance. Paul Robinson of 9253 Seneca Street said he is the President of the Homeowner s Association in that area. He said this house has been in this condition for a number of years. He said there is a pool area that is unsafe. He said it is empty and uncovered and has been this way for years. Poindexter told the Board that the swimming pool problem is being handled by the Stark County Health Department. Pizzino asked for Poindexter s recommendation. She said her recommendation would be that the Board take action to remedy the structure. Walters moved and Burger seconded a motion pursuant to Ohio Revised Code Section , and upon the recommendations of the Stark County Building Department and the Jackson Township Fire Department, we hereby declare that the rear porch of the building located at 7969 Bricker Road NW, Jackson Township, Stark County, Ohio 44646, Permanent Parcel Number is unsafe and we further determine that the rear porch of the building should be removed. Be it further resolved that we hereby adopt the attached Notice of Intention to remove the rear porch of the building which shall be served by certified mail upon the property owner and any lien holders of record. ATTACHMENT 10/11/11 V Poindexter told the Board that the vegetation nuisance at 7969 Bricker Road NW is mostly in the pool area. Page 9 of 12 October 11, 2011

10 Walters moved and Burger seconded a motion pursuant to Ohio Revised Code Section and Township legislation, we hereby declare the overgrown vegetation and weeds on the property located at 7969 Bricker Road NW, Jackson Township, Stark County, Ohio 44646, Permanent Parcel Number which are spreading to adjacent properties a nuisance. Be it further resolved that we hereby adopt the attached Notice to Abate Nuisance which shall be served by certified mail upon the property owner and any lien holders of record. ATTACHMENT 10/11/11 W Pizzino opened the Public Hearing for Zoning Amendment to re-zone from B-1 Suburban Office & Limited Business District to B-3 Commercial Business District, approximately 2.4 acres, located at 4205 and 4117 Whipple Avenue NW. Poindexter said the request went to Stark County Regional Planning in September and they recommended denial. She said this went before the Zoning Commission on September 16 and they also recommended denial. Pizzino asked if anyone would like to speak in favor of the zone change. Todd Bosley of 8855 State Street, Louisville, Ohio said on April 1 his partner Marybeth Rose and he purchased the property from her parents. He said previous to that they had tried to find tenants for the property. He said they had more interest from small retailers looking for space but not much interest from anyone looking for office space. He presented a letter from Tim Barta who is the owner of LC Commons and supports the change. Craig Smith, CPA, said he has been a tenant in the building for 14 years and said he has seen retail in there. He said he was speaking for most of the tenants and they would like to see the building fully tenanted and didn t see a problem with putting some retail in there. He said it seemed to fit in with the rest of the area. He pointed out that this building is still owned by the same family and in order to make this work the diversification of businesses would be a logical step. Marybeth Rose of th, Canton said her parents are the builders of the properties and said they have had difficulty renting the space with the zoning being a B-1. She said if they had a B- 3 classification it would be easier to rent. Pizzino closed that portion of the hearing. He asked if anyone wanted to speak against the zoning change. No one came forward. Pizzino closed that portion of the hearing. Pizzino pointed out that the owners are not requesting anything that hasn t been done in the past and based on the surrounding area the buffer zone would still be there. Pizzino moved and Burger seconded a motion to deny the recommendation of the Zoning Commission. Page 10 of 12 October 11, 2011

11 Fiscal Office ATTACHMENT 10/11/11 X Pizzino moved and Burger seconded a motion to pay the bills in the amount of $1, ATTACHMENT 10/11/11 Y Pizzino moved and Burger seconded a motion to approve the minutes of the September 26, 2011 Board of Trustees meeting. ATTACHMENT 10/11/11 Z Pizzino moved and Burger seconded a motion to approve the Financial Reports for September ATTACHMENT 10/11/11 AA Walters moved and Burger seconded a motion to approve the resolution accepting the amounts and rates as determined by the Budget Commission and authorizing the necessary tax levies and certifying them to the County Auditor. Gonzalez said he wanted to encourage the Board to pass the resolution in support of the County sales tax. Routine Business Announcements Next regular Board of Trustees meeting, October 24, 2011, 4:00 p.m., Executive Session and/or Work Session; 5:00 p.m., General Session, Township Hall. LOGIC, November 3, 2011, 9:00 a.m., Safety Center, Chiefs Conference Room. CIC, October 17, 2011, 5:00 p.m., Township Hall. Board of Zoning Appeals, October 13, 2011, 6:30 p.m., Township Hall. Citizens Advisory Committees: Park, November 9, 2011, 6:30 p.m., Township Hall. Highway/Traffic, November 16, 2011, 6:30 p.m., Township Hall. Unity in Our Community Pancake Breakfast and Health Fair, October 22, 2011, 8:00 a.m., - 12:00 noon, Jackson High School Commons. $6 per person, ages 3 and under free, senior citizens buy one, get one free. Page 11 of 12 October 11, 2011

12 Haunted Hayride, October 22, 2011, 7:00 10:00 p.m., Jackson South Park on Fulton Drive next to Jackson High School. Donations benefit Jackson Parks. Refreshments available for purchase. Wagons run rain or shine. Halloween Trick or Treat, Sunday, October 30, 2011, from 3:00 to 5:00 p.m. Chief Zink said the Police Department would be taking unneeded prescription drugs at the Safety Center on Saturday, October 29 from 10:00 2:00 p.m. Old Business None New Business None Public Speaks Open Forum No one came forward. Walters moved and Burger seconded a motion to adjourn. John Pizzino Randy Gonzalez Page 12 of 12 October 11, 2011