PLAIN TOWNSHIP BOARD OF TRUSTEES Regular Easton St. NE Page 1 of 11 Canton, OH September 13, 05 WORK SESSION

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1 ATTENDANCE: 2600 Easton St. NE Page 1 of 11 WORK SESSION Pamela Bossart, Louis Giavasis, Claude W. Shriver, II, Mark Cozy, Steve Peroz, Mary Lee Sponseller. Mr. Leno was on vacation. President Giavasis convened the work session at 6:20 p.m. The subject of discussion was final revisions for the Zoning Resolution. Mrs. Sponseller went over Article IV, regarding definitions of accessory use and family, also manufactured home, modular and mobile home. She also talked about classifications and general standards, changing accessory uses and building and structures. The Board said that they wanted to go over this again at the next meeting at a work session beginning at 5:30 p.m., after she reviews some things with our Law Director, Mr. Williams. REGULAR MEETING OPENING: The regular meeting was called to order at 7:00 p.m. by President Giavasis, who led the staff and audience in the pledge of allegiance. ATTENDANCE: Pamela Bossart, Louis Giavasis, Claude W. Shriver, II, Mark Cozy, Eric Williams, Joe Iacino, Sam Tuttle, Steve Peroz, John Sabo, Mary Lee Sponseller. Media present: Natalie Lariccia, the Repository; Betty O Neill- Roderick, Akron Beacon Journal. AGENDA: Concerns of Citizens was moved up due to the number of people here with regard to a vicious dog problem. CONCERNS OF CITIZENS: Anthony Dennis, 1122 Southwoods Lane SE, gave a lengthy dissertation about a dog that is called a Presa Canario, also known as a Canary Dog, which is a very vicious animal. There were also 16 citizens present with him. He was referring to a Mr. Lucas, who is literally running a kennel and has these dogs very close to his house. They are known to be attack dogs and the citizens are upset about it and want something done. There was a lengthy discussion. 7:15 P.M. PUBLIC HEARING ZONING AMENDMENT #539 Zoning Amendment #539 was introduced by Mrs. Sponseller. Ben Grisez, of 8004 Clifton Court, Massillon, was present and gave a full overview once again of his proposed development, which will be known as Wicker Creek. There were questions from the Board regarding drainage. His engineer, John Walsh, from GBC Design, explained the drainage plans and said that everything would be up to Stark County standards and according to Joe Underwood s present development standards. Other questions of concern had to do with the covenant, which the Board said that they did not have a copy of yet. Mr. Williams said that he had reviewed it, and legally he was comfortable. However, Mr. Williams did state that it would be best if we got the covenant agreement in place and let the hearing continue to the next meeting, so when Mr. Leno is back, they can make their approval at that time.

2 2600 Easton St. NE Page 2 of 11 7:15 P.M. PUBLIC HEARING ZONING AMENDMENT #539 (continued) Mr. Robert Fonte, Director of Stark Parks, was also present. He said he is in favor of the proposal and that this facilitates the Stark County Corridor going along the Nimishillen Creek. He is very pleased with the necessary changes that Mr. Grisez has made. The Board said that they liked Mr. Grisez s plan. He had been very cooperative in working with them. They just asked that he wait until the next meeting to continue the hearing and to finalize everything after they had time to review the covenant agreement. CONCERNS OF CITIZENS: (continued) SHERIFF'S REPORT: Mr. Gary Cortesi, of 2614 Sheffield, also has a problem with dogs near his home. He said that his neighbor behind him has five standing dogs and a litter of five. He has eleven dogs in the same residence. He has called the Sheriff to no avail. When the Sheriff arrives, the dogs are not hollering or barking any more. He said he will continue to call the Sheriff with this problem. Rochelle Haas, of 1209 Southwoods Lane, also lives across from Mr. Lucas, who has the Canary Dogs, and mentioned all the same problems as did Mr. Dennis. Ed Miller, of 5729 Griffith NW, also enumerated the same problems regarding the Lucas dogs. Ed Schwitzgebel, of 5807 Griffith NW, also enumerated the same problems, and William Waicukewith, of 5728 Griffith NW, also enumerated the same problems regarding the dogs that reside at the Lucas residence. Another concern brought up by all of them was walking by older people early in the morning. These dogs are known to attack. They are concerned about their children and safety in their neighborhood as a whole. Mr. Giavasis said he couldn t agree with these citizens more. He is in agreement with passing some type of legislation against this. Mr. Williams, our Law Director, said that currently the Township is not on the same level as cities in developing ordinances. Currently we could do a civil fine but we could not bring any criminal charges. He said from what he is hearing from the Board, what we can do, we will do, and will do whatever we are allowed to do to get this problem resolved and at least put some teeth into the law that we may come up with. Ryan Hostetler was present. Speeding on Sapphire was discussed. It is normally happening after school. There is also speeding on Peachmont. There is another missing Plain Township sign off of Werner Church Rd. They took this sign down and left the posts. There is speeding on Diamond east of Middlebranch. We also had a complaint that the 35 mph speed limit in that area is too high. There was also vandalism on Beverly. Mr. Giavasis said one of his neighbors, Mr. Offineer, said that some adolescents there are throwing dog feces against his house.

3 2600 Easton St. NE Page 3 of 11 UNFINISHED BUSINESS: 1. Cherry Ridge Villas Zoning - # WHEREAS, in an ongoing effort to enact policies and recommendations beneficial to the Township, one of which is to ensure the remaining land in the Township is developed in a way which is sensitive to environmental constraints and the need to maintain a balanced tax base ; THEREFORE BE IT RESOLVED that the Plain Township Trustees propose a rezoning plan for the property in the township described in the attached legal description and map. The following changes are proposed: Entire area to be rezoned from R-1, Single Family Residential to R-2, One and Two Family Residential. Discussion included the threat by the present owner to transfer that property and annex it into North Canton if he didn t get this zoning requirement fulfilled. The Board will bring this up in subsequent hearings to make sure the press is aware of it. NEW BUSINESS: 2. Leaf Recycling this was discussed. Mr. Cozy and Mr. Iacino do not feel that the present contractor is going to be able to keep up with our leaf recycling program. Mr. Cozy has been attempting to get hold of the authorized individual with the County and has not been able to reach her. However, they were instructed to go ahead and get prices from Earth N Wood and some other contractors so that we can proceed and see that our residents are covered with the proper leaf recycling program th Street Storm Sewer OPWC Application # Motion by Mrs. Bossart, Stark County, Ohio, to authorize ME Companies to complete all documentation and coordination with the City of Canton to complete the 2005 Ohio Public Works Commission project application for the 25 th Street Storm Sewer at a cost not to exceed $1, Discussion: Mr. Cozy explained this in detail and said that our portion of this application will most likely be taken care of by a Community Development Block Grant. This is good news. Let s get this project underway. 2. False Alarms # Motion by Mr. Giavasis, WHEREAS, the Plain Township Board of Trustees has authorized a charge of twenty-five dollars ($25.00) for each false alarm from an automatic security alarm system in excess of three (3) false alarms within a calendar year pursuant to its authority under Ohio Revised Code Section (Resolutions #95-96); and WHEREAS, the Plain Township Board of Trustees has been duly notified by the Stark County Sheriff, under contract to Plain Township, that an excess of three (3) responses to such alarms have been made at the following businesses and/or residences:

4 2600 Easton St. NE Page 4 of 11 NEW BUSINESS: (continued) CLERK S REPORT: NAME ADDRESS # K Mart 3801 Harmont Ave. NE 4th Key Bank 3010 Whipple Ave. NW 5th Schumacher Homes 2715 Wise Ave. NW 18th, 19th, 20th Quick Stop 4235 Middlebranch Ave. NE 5th and 6th Stark State College 5600 Whipple Ave. NW 4th, 5th, 6th, 7th Michael McLaughlin 7127 Market Ave. N. 4th and 5th NOW THEREFORE BE IT HEREBY RESOLVED by the Plain Township Board of Trustees, Stark County, Ohio, to direct the Plain Township Clerk to send a Notice of Bill for Excess False Alarms to the locations identified above; and In the event that any bill noted above is not paid within thirty (30) days of the date of such notice; BE IT FURTHER RESOLVED to direct the Plain Township Clerk to send a notice by certified mail to the manager and the owner, if different, of the real estate of which the commercial establishment is a part, or to the occupant, lessee, agent or tenant and to the owner, if different, of the real estate of which the residence is a part, stating that failure to pay the bill within 30 days, or to show just cause why the bill should not be paid, will result in the assessment of a $25.00 lien upon the real estate. BE IT FURTHER RESOLVED that if payment is not made within 30 days, or just cause shown, then the Clerk shall cause the sum of $25.00 for each false alarm in excess of three (3) per year to be entered upon the tax duplicates of each location as a lien upon said real estate from the date of entry, which shall be collected as other taxes and returned to the Township general fund. Seconded by Mrs. Bossart, 1. Pending Warrants # Motion by Mrs. Bossart, Stark County, Ohio to authorize the payment of pending warrants in an amount of $168, as attached hereto and made a part of these minutes. 2. a. Regular Payroll # Motion by Mrs. Bossart, Stark County, Ohio to authorize payment of the regular payroll in an amount not to exceed $125, b. Volunteer Payroll # Motion by Mr. Giavasis, Stark County, Ohio, to authorize payment of the volunteer payroll for the 3 rd Quarter 2005 in an amount not to exceed $30,

5 2600 Easton St. NE Page 5 of 11 CLERK S REPORT: (continued) 3. Payment of Medical Claims # Motion by Mrs. Bossart, Stark County, Ohio to authorize payment for the following medical claims as provided by AultCare: DATE WARRANT AMOUNT 08/30/05 EFT $13, /01/05 EFT , /06/05 EFT , /13/05 EFT , The Financial report was given and accepted by the Board. There were no questions. 5. Refund of EMS Overpayment # Motion by Mrs. Bossart, Stark County, Ohio, to authorize a refund as follows for overpayments for Emergency Medical Services as requested by Ohio Billing, Inc.: PAYABLE TO AMOUNT Bruce Bailey $ AultCare (for Robert W. Clark) Division of Liquor Control Tokyo Sushi held over for the next meeting. 7. Transfer of Funds # Motion by Mrs. Bossart, Stark County, Ohio, to authorize the following transfer of funds: FROM TO AMOUNT 01-A-05c Equipment Clerk 01-A-04b Supplies Clerk $ A-26e - Other Expenses 01-A-05 Equipment 5, Administration 01-B-06 Equipment 01-B-08 Other Expenses 1, Purchases 09-A-07 Tools & Equipment 09-A-14A Other Expenses Auditor & Treasurer s Fee 4, Partial Release of Fire Escrow # Motion by Mr. Giavasis, Stark County, Ohio, to authorize a partial release of insurance proceeds being retained for a loss caused by fire on March 14, 2005 at 1247 Applegrove NE in the amount of $8, payable to Donald Stargen as authorized by Thomas M. McCallin, Captain, Bureau of Life Safety and Records.

6 2600 Easton St. NE Page 6 of 11 ADMINISTRATOR: 1. The Computer Systems Manager Monthly Report was given; there were no questions. 2. Welcome to Plain Township Signs # Motion by Mr. Giavasis, Stark County, Ohio, to authorize the purchase of three Welcome to Plain Township signs from Plastic Lumber Company for an amount not to exceed $2,600.00, to be paid from Fund #01-A-26E. FIRE DEPARTMENT: 1. The Monthly Report was given; there were no questions. 2. Purchase of Fuel # Motion by Mrs. Bossart, Stark County, Ohio, to authorize the purchase of gasoline, oil and diesel fuel at a cost not to exceed $8,700.00, to be taken from Account #10-A-09F. 3. NIMS - Chief Sabo gave an overview of the NIMS document. He said that there are four conditions involved in this. One is a class for introduction, which is called the IS 700. It can be done on the Internet, or physically in the Township Hall. He has decided, along with the Administrator, that the Fire Department would do this, as well as the volunteers and the Road Department, and then go ahead and include the office staff. He said it is of utmost importance that the community be prepared in the event of a national type emergency. 4. Purchase of Protective Clothing # Motion by Mrs. Bossart, Stark County, Ohio, to authorize the purchase of replacement protective clothing from All-American Fire Equipment, Inc. in an amount not to exceed $1,600.00, to be taken from Account #10-A-09B. Discussion: Mrs. Bossart asked what was wrong with the present protective clothing. Chief Sabo said that this was being purchased for a very large individual. 5. SCBA Recalibration # Motion by Mr. Giavasis, Stark County, Ohio, to authorize repair, annual testing and parts for self-contained breathing apparatus from Warren Fire Equipment in an amount not to exceed $3,500.00, to be paid from Fund #10-A-10.

7 2600 Easton St. NE Page 7 of 11 ROAD DEPARTMENT: 1. The Monthly Report was given; there were no questions. 2. Damage to Gas Line # Motion by BE IT HEREBY RESOLVED, by the Plain Township Board of Trustees, Stark County, to authorize payment to Dominion East Ohio for damages to gas line while doing a job at 6530 Birch NE on not to exceed the amount of $ from fund 4-A-13. Discussion: Mr. Iacino said this gas line was actually hooked to the cement that was being removed. It was not any fault of our employee. The gas company now charges for this for escaped gas. 3. Speed Limit Schneider St. this was turned down by Stark County because there are not enough homes. We will resubmit that once the high school is completed. 4. Purchase of Cut-off Saw # Motion by Mrs. Bossart, BE IT HEREBY RESOLVED, by the Plain Township Board of Trustees, Stark County, to authorize the purchase of a gas cutoff saw from Waco Scaffolding & Equipment in the amount of eight hundred eighty-nine dollars ($889.00) from fund #11-A Stop Signs Cloverhurst and Woodway # Motion by Mrs. Bossart, Stark County, Ohio, pursuant to the authority of the Ohio Revised Code Section , that a traffic control device in the form of a stop sign be placed at the following intersections based upon the recommendation of the Road Superintendent at: a. westbound on Cloverhurst at Boettler b. eastbound on Cloverhurst at Woodway c. westbound on Woodway at Knollridge d. southbound on Woodway at Knollridge ZONING DEPARTMENT: 1. The Monthly Report was given; there were no questions. 2. Payment & Certification of Nuisance Abatements a Markley St. NW # Motion by Mrs. Bossart, WHEREAS, the Plain Township Board of Trustees, Stark County, Ohio has given notice to the owner of property located at 2015 Markley Street NW (Parcel number # ) to abate the nuisance on this property (Resolution #05-415) on August 9, 2005; and

8 2600 Easton St. NE Page 8 of 11 ZONING DEPARTMENT: (continued) WHEREAS, the Plain Township Board of Trustees provided for said abatement through the services of Plain Township Maintenance Department at a cost of $ ; and WHEREAS, the Plain Township Board of Trustees incurred costs for services and notification in the amount of $101.63; NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plain Township Board of Trustees, Stark County, Ohio to instruct the Clerk to forward to the Stark County Auditor the Report To County Auditor of Township Action Regarding Abatement of a Nuisance certifying the total cost of $ to be placed on the property owner's tax duplicate. b Forestview St. NE # Motion by Mrs. Bossart, WHEREAS, the Plain Township Board of Trustees, Stark County, Ohio has given notice to the owner of property located at 3312 Forestview Street NE (Parcel number # ) to abate the nuisance on this property (Resolution #05-448) on August 23, 2005; and WHEREAS, the Plain Township Board of Trustees provided for said abatement through the services of Plain Township Maintenance Department at a cost of $ ; and WHEREAS, the Plain Township Board of Trustees incurred costs for services and notification in the amount of $82.07; NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plain Township Board of Trustees, Stark County, Ohio to instruct the Clerk to forward to the Stark County Auditor the Report To County Auditor of Township Action Regarding Abatement of a Nuisance certifying the total cost of $ to be placed on the property owner's tax duplicate. c Melody Rd. NE # Motion by Mr. Giavasis, WHEREAS, the Plain Township Board of Trustees, Stark County, Ohio has given notice to the owner of property located at 6228 Melody Road NE (Parcel number # ) to abate the nuisance on this property (Resolution #05-449) on August 23, 2005; and WHEREAS, the Plain Township Board of Trustees provided for said abatement through the services of Plain Township Maintenance Department at a cost of $ ; and WHEREAS, the Plain Township Board of Trustees incurred costs for services and notification in the amount of $208.56; NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plain Township Board of Trustees, Stark County, Ohio to instruct the Clerk to forward to the Stark County Auditor the Report To County Auditor of Township Action Regarding Abatement of a Nuisance certifying the total cost of $ to be placed on the property owner's tax duplicate.

9 2600 Easton St. NE Page 9 of 11 ZONING DEPARTMENT: (continued) 3. Nuisance Abatements a th St. NW # Motion by Mrs. Bossart, WHEREAS, Ohio Revised Code Section authorizes the Board of Trustees to provide for the abatement, control, or removal of vegetation, garbage, refuse, and other debris from land in the Township if the Board determines that the property owners maintenance of such vegetation, garbage, refuse and other debris constitutes a nuisance; and WHEREAS, a complaint was filed and processed regarding a nuisance property condition at th Street NW, Stark County, Ohio (Parcel # ) and WHEREAS, a certified notice providing the property owner with seven (7) days to address the matter with the Zoning Director was sent August 18, 2005 and returned "Unknown"; and WHEREAS, the Zoning Director has provided evidence of a nuisance condition on the property; NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plain Township Board of Trustees, Stark County, Ohio that: 1. High grass and/or weeds constitutes a nuisance under Ohio Revised Code Section , and 2. Trash and/or debris constitutes a nuisance under Ohio Revised Code Section , and 3. The nuisance shall be abated, controlled, or removed according to the procedures outlined in ORC Section , and 4. Instruct and authorize the Plain Township Clerk to prepare and publish notice of this decision by publication in a newspaper of general circulation within Plain Township. 4. Waive Fees Zoning Amendment #540 # Motion by Mr. Giavasis, Stark County, Ohio, to waive any and all Board of Zoning Commission Application fees necessary for Amendment #540. PARKS & RECREATION: 1. The Monthly Report was given; there were no questions. 2. Purchase of Fall Fertilizer # Motion by Mrs. Bossart, Stark County, Ohio, to authorize the purchase of fall fertilizer from Hoopes Fertilizer for the amount of $877.36, to be paid from Fund #14-A-05B.

10 PLANNING: 2600 Easton St. NE Page 10 of 11 COMMUNICATIONS: 1. The Monthly Report was given; there were no questions. 1. NEFCO regarding Nimishillen Creek Litter Elimination, Awareness and Prevention. 2. News Net 5 stating that Plain Township is second for northeast Ohio markets where the greatest number of houses are sold in the zero to $250,000 price range. 3. Aultworks regarding available flu vaccinations. CONCERNS OF TRUSTEES: Mrs. Bossart said that she attended a SCOG meeting today and wanted to make the Board aware that the gas prices this winter would be almost doubling and will not be frozen until later after the gas comes down a little bit, which is supposed to happen after the oil areas in New Orleans and the ocean are back up working at the rigs. She also said that they are talking about reinitiating the countywide dispatch program, and announced that the Stark County Township Association meeting will be hosted by Plain Township at Alpine Park this Thursday, the 15 th, at 6:30 p.m. APPROVAL OF MINUTES: # Motion by Mr. Giavasis, Stark County, Ohio to waive the reading of the minutes of the regular meeting held August 23, 2005 and make them a part of the record as if read in their totality; and BE IT FURTHER RESOLVED by the Plain Township Board of Trustees, Stark County, Ohio to approve the minutes of the regular meeting held August 23, 2005 as presented. EXECUTIVE SESSION: # Motion by Mr. Giavasis, Stark County, Ohio to adjourn to executive session at 9:10 p.m. from this regular meeting of September 13, 2005 as authorized under Ohio Revised Code (G) for the purpose of the consideration of: employment of a public employee or official; compensation of a public employee or official; preparing for, conducting or reviewing negotiations or bargaining sessions with public employees # Motion by Mr. Giavasis to return to regular session at 9:42 p.m.

11 2600 Easton St. NE Page 11 of 11 ADJOURNMENT: # Motion by Mr. Giavasis, Stark County, Ohio to adjourn at 9:42 p.m. Pamela S. Bossart Trustee Louis P. Giavasis Trustee ATTEST: Claude W. Shriver, II Clerk