rootstown zoning 081517rootstowntwp.com/zoningcommminutes/081517.pdf · 2017-09-22 · for public...

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ROOTSTOWN TOWNSHIP ZONING COMMISSION

IN RE: ))

DonPhil Holdings ))

Proposed Amendments )For Public Hearing )

)

_ _ _ _ _ _ _

Transcript of Proceedings taken before the

Rootstown Township Zoning Commission, taken by the

undersigned, Shannon Roberts, a Registered

Professional Reporter and Notary Public in and for the

State of Ohio, at the offices of Rootstown High

School, 4140 State Route 44, Rootstown, Ohio, on

Tuesday, the 15th day of August, 2017, at 7:00 p.m.

_ _ _ _ _ _ _

Premier Court ReportingCanton 330.492.4221 Akron 330.928.1418

www.premierreporters.com

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APPEARANCES:

Rob Swauger, Chairman

Theresa Summers, Vice Chairperson

Stan Dannemiller, Board Member

Roger Carpenter, Board Member

Pat Gintert, Board Member

Mark Tirpak, Zoning Inspector

Jordan Michael, Zoning Assistant

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MR. SWAUGER: I'd like to call the public

meeting for August 15th to order. Let's

please stand for the Pledge.

(Whereupon, a brief recess was taken.)

MR. SWAUGER: Okay. Just a brief

description of what we are going to do

tonight. We have to do some regular

business, approve previous zoning minutes.

That will be five or ten minutes or so, or

less. Then we have a public meeting set for

DonPhil Holdings. We'll do that.

If anybody has any comments, you come up

here. The recorder needs your information.

And she needs to be able to hear you. You'll

state your name and address, and then you ask

your question. Okay? You'll get three

minutes.

Then we also will set a public meeting

for another topic that we are working on,

which is the Lake District with Sandy Lake,

Muzzy Lake, and Sappwood Shores. We'll do

that.

And then we'll have a public meeting for

some previous commercial permitting topics

that we have. And that is about it.

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So we'll go ahead and approve our minutes

from the July meeting, and then we'll move

forward on into our public hearing for the

two topics that we have.

Okay? Very good.

So the meeting minutes --

MR. GINTERT: We have the June ones, too,

Rob.

MR. SWAUGER: Oh, yeah. The revision.

MR. GINTERT: Yeah, the revised.

MR. SWAUGER: It seems like these are all

the same. These are for --

MR. MICHAEL: Tonight.

MR. SWAUGER: Yeah, for everybody in the

audience. If you would like a copy of the

minutes for one of the topics that we are

going to discuss, here are copies here. You

can come up and get them.

Where are the -- do you have a meeting

minute --

MR. MICHAEL: Sure.

MR. GINTERT: Here. June and July's.

MR. SWAUGER: Okay. I need a copy of

those.

MS. SUMMERS: Oh.

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MR. SWAUGER: What are those? I don't

know if I have those.

MS. SUMMERS: It's just our agenda.

MR. SWAUGER: Is it this?

MS. SUMMERS: Yeah, I think so.

MR. SWAUGER: I don't think I have that.

MS. SUMMERS: It's just the agenda for

tonight.

MR. SWAUGER: Okay. Has everybody had a

chance to review the Thursday, June 29th

meeting minutes? There was a revision in

these.

And if there is no further discussion, is

there a motion to approve these minutes?

MR. DANNEMILLER: I'd like to make a

motion to approve the meeting minutes from

Thursday, July 29, 2017 as amended.

MR. CARPENTER: I'll second it.

MR. SWAUGER: Okay. All in favor?

MR. CARPENTER: Aye.

MR. DANNEMILLER: Aye.

MS. SUMMERS: Aye.

MR. GINTERT: Aye.

MR. SWAUGER: Opposed?

(No response.)

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Okay. Motion carries.

Okay. Moving forward with the Tuesday,

July 18th meeting minutes. Theresa, you were

absent, so --

MS. SUMMERS: Correct.

MR. SWAUGER: Any additions or

corrections on these minutes?

MR. DANNEMILLER: No.

MR. SWAUGER: Is there a motion to

approve July 18 minutes?

MR. GINTERT: I'll make a motion to

approve the July 18th minutes.

MR. SWAUGER: Second?

MR. DANNEMILLER: I'll second it.

MR. SWAUGER: All in favor?

MR. CARPENTER: Aye.



(No response.)

Motion carries.

Okay. Moving forward with the public

hearing for DonPhil Holdings. First off,

we'll start with the Board. Is there any --

we did have some questions last month

regarding this topic. Is there any

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discussion?

MS. SUMMERS: Just that there are a

couple more things they need to provide.

MR. SWAUGER: Yeah. I don't have a copy

of that. Here's copy of that if you guys

want to --

MR. GINTERT: Is that the information

they said was going to be provided at the

meeting, in the e-mail that was answered?

MR. HOLT: We actually -- we have some to

supplement, too.

MR. SWAUGER: You do?

MR. HOLT: We have additional information

for you, too.

MS. SUMMERS: Yeah, that's what I was

wondering.

MR. SWAUGER: Okay. Could we -- could we

have that?

MR. HOLT: Absolutely. Yeah, I just want

to -- Joel Holt, representing DonPhil and

Secure Cultivation Company. I just want to

make sure that these are the -- the info --

the requests that we have given you already

via e-mail, as well as some supplemental

information. I want to make sure it's sort

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of admitted as a formal exhibit to this.

It's only one copy, but that has all the

information that we told you that we would

get you.

MR. GINTERT: In the e-mail, that you

said would be at the meeting, that's in here

now?

MR. HOLT: Yes.

MR. GINTERT: Okay.

MR. HOLT: Yes.

MR. SWAUGER: Which is the -- the

emissions?

MR. SUMMERS: Industrial hygienist?

MR. SWAUGER: We don't --

MR. HOLT: We have --

MR. SWAUGER: -- have an answer for the

emissions.

MR. HOLT: What we have is a signed

engagement letter by another hygienist that

will provide --

THE REPORTER: Guys, I can't hear a word

any of you guys are saying.

MR. SWAUGER: Okay.

THE REPORTER: I'm sorry. You are all

going to have to speak up.

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MR. HOLT: We have a signed engagement

letter. We have retained an industrial

hygienist from Colorado that will provide us

with a plan upon licensure. It's exceedingly

expensive to -- to just have a plan drawn up.

But there is also information in there

about what they will do as part of the plan,

as well as we also included some facts about

carbon filtration and about the hermetically

sealed pod growing rooms, things like that.

I believe the other thing that we said we

would supply is there are -- there are two

e-mails in there from real estate

appraisers --

MR. SWAUGER: Right.

MR. HOLT: -- essentially saying that

there is no way we could provide you with a

study based on -- there is no existing market

in Ohio.

So I think that's the two things that we

said we'd get to you.

MR. SWAUGER: Yeah. I have a question

with the emissions. Now, this will pass Ohio

EPA, correct?

MR. HOLT: Yes. I mean, the whole -- the

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issue with the odor mitigation, right, is

that, you know, we are going to have to have

certain odor emission standards to get

licensure, to maintain licensure.

All of these questions -- well, most of

the questions that you have, we have to

maintain these promises that we are making,

or else we either, A, won't get the license,

or, B, won't keep the license.

So that's the one thing we have to keep

in mind here, is that this is backed by an

entire statutory scheme, you know, and an

entire department that has been created to

enforce it.

So with regard to the emissions, you

know, there is a standard in the industry.

You know, I'll -- Denver, for example, passed

its own ordinance, you know, regarding

emissions and standards. One of the

interesting things that we have in this

information here is that a lot of the odor is

actually trapped within the condensated water

from the air conditioners.

Well, because we are using a water

reclamation system, that water from the

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condensed -- the condensed water is actually

going to run through the reclamation system

and will be treated, and the -- the tetrenes

{sic} --

MR. ICKES: Terpenes.

MR. HOLT: -- the terpenes will be

eliminated through that process. So in

addition to the charcoal filtration system

for the -- for the sort of airborne smell,

you also will have the -- the condensed water

being treated for whatever smell it would

retain, as well.

MR. ICKES: And then -- Jim Ickes, for

DonPhil Holdings and Secure Cultivation.

Just to give you an idea of what goes into

the odor mitigation program, in addition to

the technical stuff --

THE REPORTER: Jim, can you just speak

up, please?

MR. ICKES: Yes, I will. I'm sorry.

MR. SWAUGER: Come to the center.

MR. ICKES: What's in the odor mitigation

plan is -- you know, actually, you schedule

when you do your harvest. So it could be in

a time when, you know, nobody is home that

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would be in the vicinity anywhere. And this

is going on inside of the building anyway, in

one of these hermetically sealed rooms.

But, you know, the harvesting, which the

smell will come when the -- the plants

actually leave the room, and it will maybe be

in the main area. That will be done at a

time when there is -- maybe during the

daytime, when people are at work. Or we'll

just determine when would be the best time to

harvest. So that would be like an

administrative control.

And there would be controls for

packaging, so that we get it in the odor

resistant packaging as soon as possible. All

the rooms where the cannabis will be curing,

those are hermetically sealed, as well. So,

really, you know, the plant itself, once the

seed comes in the facility, the only way that

it's leaving by way of sale to the processors

would be in a package that would be sealed

and put into a truck. So most of that

cannabis, it would be rare for it to see the

light of day.

MS. SUMMERS: So you said you are going

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to do it when you think people aren't home?

Does that -- are you saying that you think

that there could be potential odors that

could --

MR. ICKES: The reason I say this is

because --

MS. SUMMERS: -- be outside the facility?

MR. ICKES: -- in Colorado, for instance,

where our expert is from -- he's an

industrial hygienist out there. They have a

lot of outdoor grows. So that's a -- that's

a major issue. And I think that's what he

deals with mostly.

MS. SUMMERS: Okay.

MR. ICKES: But you can still apply a lot

of those controls in the context of an

internal grow environment, where you do have

the HVAC systems running and the carbon

filtration that's pulling a lot of those --

those terpenes, which are the little nodules

on the plant that actually emit the odor.

And terpenes are found in -- everywhere in

nature. But they are obviously on the

cannabis, because they're -- it's a plant;

so --

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MR. HOLT: I think -- I think to answer

that specific question, you know, we are not

going to try and say there is not any odor

associated with it. It's no different than a

flower shop that would sell flowers.

Terpenes are also the resin in, like, pine

trees, for example. That contains terpenes.

In fact, that's where turpentine comes from,

the name turpentine.

But what we are saying is that because we

are an indoor grow, plus the growing rooms

are hermetically sealed pods within that

building, so there are basically two walls,

the only air that's going to be going in and

out is through the -- really through the

HVACs. And that's going to be run through

carbon filtration, which -- which -- you

know, in the engineering controls,

Mr. Lieberman puts ventilation or carbon

filtration. It's the standard in the

industry.

And then even the condensed water

that's -- that's picking up the terpenes is

also going to be essentially treated and

filtered through the water reclamation

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system, and reused. So I think it would be

highly unlikely -- if this is just -- if you

kept all the doors closed 24 hours a day, I

would say it is highly unlikely that there

will be a -- any odor. Can't say that by

opening and closing the doors to leave the

facility, that maybe something might-- on a

strong windy day, you might catch a whiff. I

can't say that that's impossible.

MS. SUMMERS: Did you make copies for

each of us, or just one?

MR. HOLT: I just have one. I can -- I

mean --

MS. SUMMERS: Okay.

MR. HOLT: -- I can definitely send

you -- I mean, it's mainly -- it's mainly

stuff -- the items that you've already had.

There is just -- the only things that are new

are those two e-mails, and the --

MS. SUMMERS: Well, it had to do with the

industrial hygienist plan. But you said

really you didn't -- because of the cost, you

just kind of have an idea --

MR. HOLT: I mean, I'll just be honest

with you. It's cost prohibitive to hire

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somebody to do that. That --

MS. SUMMERS: Okay.

MR. HOLT: That's actually part of

starting your facility. And we don't have a

license, so --

MS. SUMMERS: Okay.

MR. HOLT: -- unfortunately, I -- we

thought that in hiring someone would be the

next best thing.

MR. SWAUGER: The only other issue I had

was the water. And based on what I read with

your report, these were documents provided by

Portage County, the map --

MR. HOLT: Well, the maps are ODNR, Ohio

DNR.

MR. SWAUGER: Okay. Yeah.

MR. HOLT: And I'm even going to come out

and say that even those maps, based upon the

well test -- you know, I think the well test

said that it was between 5 to 10 gallons per

minute, but it was sustained. Right? And he

tested it for, I think, 90 minutes, something

like that, and, you know, no drop-off.

But what I'm really more excited about

is -- is the water reclamation system.

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MR. SWAUGER: Right.

MR. HOLT: And if you look at that, the

idea is we really aren't going to be using

any water. So that, combined with the --

combined with the -- you know, it's a decent

well and we are not going to be taking from

anybody else's well by using that aquifer, I

guess.

Sorry. I'm mumbling again.

MR. GINTERT: I think you'll use more

water than that, but it's good to see the

reclamation. I mean --

MR. HOLT: Yeah. Just going off the

specs on what they gave us, I mean --

MR. GINTERT: The business of in --

MR. HOLT: Yeah.

MR. GINTERT: But you are never zero.

MR. HOLT: Yeah.

MR. GINTERT: Net gain loss.

MR. HOLT: I had to read it a couple

times myself.

MR. GINTERT: 99 point -- you know,

that's a -- a quite big claim there. But

I -- you know, it is reclaimed, though.

MR. HOLT: Uh-huh.

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MR. GINTERT: Which is good.

MR. HOLT: Anything else?

MR. SWAUGER: Yeah. There were some

topics that I -- and I know that -- and we

are -- and I would like to put this in our

zoning book, being proactive. I know that

you are not looking at doing the -- where you

extract the oils. What is that process?

MR. HOLT: Actually --

MR. ICKES: Processing.

MR. HOLT: -- processing --

MR. SWAUGER: Processing.

MR. HOLT: -- is -- is in the definition.

The proposed text says cultivating and

processing medical marijuana, so growing,

harvesting, and drying.

MR. SWAUGER: Right. So that's in the --

our --

MR. HOLT: That's what -- in what we are

proposing, the amended --

MR. SWAUGER: Oh, the -- what you are

proposing?

MR. HOLT: Yeah. The only thing we are

not including in this would be the

dispensary, which is the retail outlet.

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MR. SWAUGER: Okay. Some things that --

that I have a concern with, with the

extracting of the oils, is you use butane,

propane, and CO2 to extract those oils in the

room -- in a room?

MR. HOLT: We would be using --

MR. ICKES: You want me to --

MR. HOLT: Well, we would be using CO2,

right?

MR. ICKES: CO2 extraction is the safest

manner in the industry. And, in fact, the

company that manufactures the equipment is

two hours south, just north of Columbus and

Johnstown. They make the CO2 extraction. So

a very low risk on those.

MR. SWAUGER: Okay.

MR. ICKES: The butane -- and I have some

clients that are interested in doing

processing. Butane is -- I mean, I am

advising not to do that, because there is

that concern for explosion.

MR. SWAUGER: Right. Well -- so then

this wouldn't apply, but I would like to add

it into our zoning book that if there would

be a company come in to do processing --

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let's say you are not, and a different

company comes in to do processing, I would

like to add in that that company provides

training to the FD, the fire department, and

any protective equipment that they may

require --

MR. ICKES: That's a great idea.

MR. SWAUGER: -- to enter into that

confined area. So when we send this to the

trustees -- once we are done with this

meeting, we send to it the trustees. I would

like that language to be in there, as well.

MR. ICKES: I think that makes sense.

It's a great idea.

MR. SWAUGER: Yeah.

MR. ICKES: I mean, we -- we would have

given you more data on that. But these

gentlemen are pursuing the cultivation.

MR. SWAUGER: Right.

MR. ICKES: And the reason why it makes

sense to include it is because, just from a

business standpoint, there are some

efficiencies there if you can do it all --

MR. SWAUGER: Exactly.

MR. ICKES: -- within the same district.

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MR. SWAUGER: Right. So -- and, also, I

would like to add in with that, the

protective equipment is only one facility

within the Township. So if by chance you

weren't able to get your license, somebody

else comes in, we don't have five or six

facilities in Rootstown.

MR. HOLT: That's, you know, something I

actually had written down on my page, you

know, if it came to it, talking about what --

in the language of the text. Obviously, you

all have the right to restrict the -- you

know, the amount or -- like, you know, Akron,

for example, had a -- sort of an

accreditation process, where, you know, you

had to go through them to get permission to

even apply.

So I -- once again, I agree with that.

That's totally within your rights and maybe a

good idea. Because forward thinking, you

know, if the State opens it up --

MR. SWAUGER: Right.

MR. HOLT: -- you know, the next thing

you know, you have six or seven, you know.

While I still think it would be a good boom

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for the economy, you may not want that many.

MR. SWAUGER: Obviously, it's less

competition.

MR. HOLT: That's true.

MR. SWAUGER: Is there any further

discussion from the Board?

MS. SUMMERS: I see you have a detailed

lighting. I saw the lighting thing in here.

So that's going to -- so there won't be any

lighting going out among the residential --

MR. HOLT: Correct.

MR. SWAUGER: Okay.

MR. HOLT: The lighting is wall mounted,

LEDs. They are dimmable, as well. But they

are -- and we have the materials in there.

They point basically straight down, and they

go in sort of a semi-circle out from the

wall. And they dim. You know, the farther

you get out, the dimmer they are.

And they are rated for zero upward,

upward light. So zero upward light. So they

won't be shining into the sky. We won't be

putting any poles with lights on them.

And we are going to restrict -- we are

going to restrict the lighting to,

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essentially, the main facility itself, which

is right here (indicating). And then there

is a perimeter -- there is a perimeter of

fence around the entire property. But there

is also going to be a -- we are going to

install a secondary perimeter fence around

the facility. And the lights will be

above -- obviously be above exits, and

they'll be, you know, around the building.

And there may be some on the perimeter, that

interior perimeter fence, but --

MR. ICKES: And the sole purpose for them

is to shine down, so the video -- the video

cameras can pick up any activity going on

with the fences.

MR. HOLT: Not to light the place up

like --

MR. ICKES: Yeah.

MR. HOLT: -- a circus, so, you know, you

can see in broad -- you know, in the middle

of the night.

MR. SWAUGER: So the cameras and

detection devices are on the interior

perimeter fence?

MR. HOLT: Now, the cameras and the

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motion sensors, there will be those on the

exterior perimeter fence, as well.

MR. SWAUGER: Oh, both?

MR. HOLT: Both.

MR. SWAUGER: Okay. Is that a

requirement from the State?

MR. ICKES: No.

MR. SWAUGER: Or just you are doing that?

MR. HOLT: The security plan we thought

was one of the most important components of

the -- of the application. So we probably

went a little overboard on security

components. But, yeah.

What was I going to say? And all the

alarms, there are internal alarms,

internal -- I think there are internal motion

sensors. All those will be linked to --

there will be a -- obviously, an intrusion

alarm, and there will be a panic alarm. All

those laid out in the security plan will be

linked directly to -- I think it's the county

sheriff for you guys out here. You don't

have your own PD, right?

MR. SWAUGER: No.

MR. HOLT: So they will be directly

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linked in. And fire alarms will be linked

into the fire department. All that stuff is

going to be -- to be set up.

And if you saw in the -- in the plan, we

are actually going to have a security

director. We'll have one person, full-time

person who is dedicated to security, you

know, head of security, if you will.

MR. SWAUGER: What was your plan for the

500 feet distance from the park?

MR. HOLT: Which park?

MR. LITSINGER: You want me to take care

of that?

MR. HOLT: Yeah.

MR. SWAUGER: Come up and state your

name.

MR. LITSINGER: My name is Don Litsinger.

To address that --

MR. SWAUGER: What is your address?

MR. LITSINGER: 5155 Tallmadge Road. We

had it resurveyed, because there actually is

two addresses. 5192 is where we are going to

operate the medical marijuana facility out

of. 5194 is the other part of the yard.

So we had it surveyed, actually 800 feet.

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As the crow flies, about 600 feet from the

back of our building. So we are going to put

a fence between those -- so we are up here

like this (indicating). It comes down like

this. It's already surveyed and already been

recorded. And then we'll run a fence

straight from --

MR. SWAUGER: So you're actually going to

really have three fences on one side?

MR. LITSINGER: Well, this one -- there's

just going to be one. I think we can just

get away with one fence. We --

MR. SWAUGER: Well, I mean -- I mean the

total --

MR. LITSINGER: Because --

MR. SWAUGER: -- perimeter, the interior

perimeter --

MR. LITSINGER: Yeah.

MR. SWAUGER: -- And then the division

fence.

MR. LITSINGER: Exactly, yes.

THE REPORTER: I'm sorry. You're going

to have to say that again. You're all

talking at the same time.

MR. SWAUGER: They'll have a fence out --

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outer perimeter, an interior perimeter

building fence, and then a division fence for

property boundaries.

MR. GINTERT: Is that what the other site

plan shows, though? Or are you using that

fence --

MR. ICKES: There is a fence --

MR. GINTERT: Is that the fence you are

using for the --

MR. LITSINGER: We are using the existing

fence, but we are going to add fence

within --

MR. ICKES: For the State, what we submit

in the license, we showed them how we

basically wrapped -- we are going to wrap the

building in fencing. And then we have this

other fence out here.

And what Mr. Litsinger is talking about

is then extending this fence, just running a

stretch of it --

MR. SWAUGER: Oh, okay.

MR. ICKES: -- which is really nothing.

MR. SWAUGER: I see.

MR. ICKES: Just to connect the back

fence and this. So then that just gives

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us --

MR. LITSINGER: So we'll just have to run

a driveway, cut the old fence, put a gate.

And DonPhil Holdings can still use this for

another entity or whatever we want to do.

MR. SWAUGER: Right.

MS. SUMMERS: Okay. I have one more

thing in my notes, and it has to do with the

outside composting. Do you foresee that

causing any problem with odors or anything

like that?

MR. HOLT: I don't. I mean, people --

obviously, this will be an industrial

facility. Right? So it's not like a house

composting.

MR. ICKES: It's bricked in.

MR. HOLT: What we are going to do is

it's going to be a -- a concrete slab -- or

maybe not concrete slab, but there is

definitely going to be concrete block walls.

It's going to be closed in and locked,

because that's also something that the State

regulates. It has to have a camera on it,

your compost pile, because I guess somebody

might sneak in there to steal your marijuana

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compost.

But -- so those things, I think -- I'm

thinking will be enough to address whatever

smells might be emanating from the -- the

compost pile. However, that will be

something that the industrial engineer will

also look at. That's part of the overall

odor mitigation plan. We wanted to do it

inside, but the cultivator said that

that's -- that's a problem. So -- for

rodents, possible -- you know, you have just

got to watch out for rodents and bugs and

things that can infect the -- the actual

plants; so -- anything else?

MR. SWAUGER: Anything else from the

Board?


MR. GINTERT: Let's discuss making it

conditional versus permitted. Is that

something we would -- as a use. I don't

recall what we -- we were just looking at it.

Versus a permitted use, making it a

conditional use.

MR. SWAUGER: Well, how does everybody

feel about that?

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MS. SUMMERS: I like that idea.

MR. DANNEMILLER: I'm fine either way.

I'm okay with it being conditional.

THE REPORTER: I sorry. I can't hear

you.

MR. DANNEMILLER: I'm fine with it being

either conditional or permitted.

MR. SWAUGER: Well, we could -- I mean,

ultimately, it's up to the trustees. So we

could throw it in their lap.

MR. DANNEMILLER: One advantage of making

it conditional would be if there are any

other things that we want or things that we

decide that we want to have added, we would

be able to add those at the time when we are

considering the conditional use.

MR. GINTERT: I mean, we have been able

to vet this proposal pretty well, you know.

But what happens, like, say it does, and then

somebody else down the road files for another

license some other time.

MS. SUMMERS: That's how I feel.

MR. GINTERT: We now have -- you know, I

would have no problem giving them a

permitted, or whatever, in this instance,

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where we know. But later on down the road.

You know, there was a lot involved versus

other businesses that would go in there.

MR. SWAUGER: Right.

MR. GINTERT: You know, that the State

would have.


MR. GINTERT: You know, you can make it

conditional and the State -- meeting all

State guidelines.

MR. SWAUGER: Right.

MR. DANNEMILLER: The State guidelines

aren't exactly -- haven't been well tested

yet.

MR. SWAUGER: Yeah. From -- from some

reading that I have done, I think Ohio is lot

better prepared than Colorado was, obviously.

So I think they are working diligently to

overcome these issues.

MR. GINTERT: That's why they pushed it

back two months. They make it tougher for

everybody to get ready.

MR. ICKES: One thing I'll submit to you

is that it was one of the more difficult

projects that we have worked on. Literally,

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we -- the total page number for the

application when we filed it, it was over 500

pages. A lot of that was -- I mean, these

gentlemen had to divulge the taxes for the

last three years for their personal returns,

every business they are involved in. They

had to submit background checks. Really

heavy duty vetting process going on. And we

had 120 pages of just text related to the

plans that we are supposed to have in place.

So, I mean, I agree with you, I mean, I

think Ohio being so strict is going to set a

firm foundation for the industry. I mean,

the laws passed. We are going to have this

industry here, and it's good that they are

going to make it really strict; so --

MR. SWAUGER: Okay.

MS. SUMMERS: I personally prefer the

conditional as opposed to --

MR. SWAUGER: Right.


MR. SWAUGER: When we make the motion to

send this to the trustees, we can add in our

additions along -- you know, in that proposal

to the trustees, on our recommendation. So

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just keep in mind of that.

MR. HOLT: I would just also, once again,

submit that remember the typo is actually

revised code 3796. So when you guys make

your motion, make sure that --

MR. SWAUGER: 3796?

MR. HOLT: Yeah, revised code 3796.

MR. GINTERT: Is that on the new copy or

is that -- oh, that's in your proposal, your

original --

MR. HOLT: No. That was our original

application, there was a typo. We handled it

at the last meeting, but I wanted to just

remind you.

MS. SUMMERS: Yeah, I remember bringing

that up.

MR. SWAUGER: Oh, that's right.

MR. HOLT: Because you are making --

you're making another motion, so -- anything

else from me?

MR. SWAUGER: I don't -- I don't think

so.

Does anybody in the audience want to --

if you would come up and state your name and

address, please.

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MR. BORING: Good evening. I am Attorney

Deron Boring, and I'm here on behalf of

several Rootstown residents. As well, I am a

lifetime Rootstown resident myself. My

office address is 402 South Chestnut Street,

and that's in Ravenna, Ohio.

And, first of all, I'd just like to

applaud the Board. The suggestion for the

conditional use permit is an excellent idea.

And the plan laid forth by the applicants

here, it sounds like a solid plan, but I

think there are definitely concerns for a

later party who comes in. Especially if it's

a permitted use, they'll never be coming

before the Board at that point. So I think

there is some consideration there.

As well, I think it would be good for the

Board to consider some more restrictive

things than the State. There is nothing

wrong with it being more restrictive. Rather

than 500 feet, why not 1,000 feet? Why not

1,500 feet? Why not a farther distance away

from residential communities, parks, schools,

what-have-you?

As well, we have heard about some of

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their discussion about the smell. I'd just

like to point the Board's attention -- and I

have got some articles here I'd like to

submit to the Board. I think I have got one

for every member here. I think there is

enough there. If not, I have got a couple

more.

I'd like to just suggest that the Board

be very careful on how close it is to a

residential community. There is a federal

lawsuit in Colorado currently pending

regarding a smell nuisance with the neighbors

and the neighboring horse farm. Yes, a horse

farm has an issue with the odor of the farm

next to them. There are issues in Spokane

County, in Washington, with the scent

overpowering neighbors. There are issues, as

well, in other places. Those are the two

most prominent cases I could find.

So I'd encourage the Board -- first of

all, my clients would rather the Board just

give this a "no" vote. But in the

alternative, you know, I just ask the Board

to please tighten up the language on this;

make it much farther away from residential,

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make it much farther away from parks.

Please make this a conditional use, to

where every single applicant must face the

scrutiny of the Township prior to entering

the community. I just think this would be a

very wise thing to do. Because, again, this

stretches much further than DonPhil Holdings

here today.

Again, you know, the definitions as

written, very broad. And I would just ask

that the committee please vote "no." But,

again, in the alternative, please make this

much more restrictive. Use the authority you

have to legislate this and make this a much

harder reach for someone to get at, and to

place this business into the community that

very well may have this as values not for

what the average person in the community

would also agree with. I have nothing

further this evening. Thank you.

MR. SWAUGER: Thank you.

MR. NICHOLS: Question for you.

MR. BORING: Yes.

MR. NICHOLS: Who are you retained by?

MR. BORING: Multiple people --

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THE REPORTER: Wait. First of all, can I

have your name, please?

MR. NICHOLS: Tom Nichols.

THE REPORTER: Okay. Go ahead. And what

was your question?

MR. NICHOLS: Who is the attorney

retained by?

MR. BORING: Okay. I'm retained by

multiple people, including Mrs. Norma Sands,

from New Milford Road, and also Mr. and Mrs.

Bob Hurd of Sanford Road.

Did you get that? H-u-r-d.

MR. NICHOLS: Any other interest in the

Township?

MR. BORING: I have none. Other than I'm

a resident here.

MR. GINTERT: Could I ask one more

question of you, too?

MR. BORING: Sure.

MR. GINTERT: This thing here, do you

know if they have the pods or anything? Or

do you know what kind of controls they have?

MR. BORING: I believe the issue in the

Denver area, I believe it was an internal

warehouse. And I'll be honest with you, I am

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not aware of any smell control or anything

beyond that.

MR. GINTERT: Okay.

MR. BORING: But, you know, I just

believe that that's something the Township

can be tighter on.

MR. GINTERT: Okay. Thank you.

MS. GORDON: I do. I do.

MR. SWAUGER: Please -- please stand --

come forward and state your name and address,

please.

MS. GORDON: I'm a soft spoken person, so

I'll wander down here. My name is Marion,

M-a-r-i-o-n, Gordon. I live at 3779 Sanford

Road, Rootstown, Ohio. I'd like to start out

by saying Attorney Boring's presentation was

spot on. I agree with him completely. I am

all for a "no" vote for this grow facility in

our community.

I want to go back to another meeting.

And, again, I hope people realize, there is

no financial benefit to the Rootstown

community. And the fact that there may be a

few people hired, look how many people are

hired at McDonald's. This is not a benefit

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to our community.

And also -- I'm out of breath. Looking

back to the zoning minutes, where it talks

about reasonable ancillary activities related

to, well, that's pretty broad, "reasonable

ancillary activities." I mean, that's -- I'd

like to see that tightened up a good bit.

And it's all in your notice. And, again, who

defines -- who defines reasonable. That's

pretty broad.

Addressing the outdoor composting, I

didn't hear that it was going to be covered,

sealed completely. I don't know that you can

compost without air ventilation. And if it

is open, you know, there are birds flying

around that make deposits once they leave a

compost area. There are rodents that find a

way, no matter how tiny and how secure. I

don't want -- I live on Sanford Road. I

don't want these rodents. I don't want

strange plants coming up in my yard.

And one final note here. I would like

the residents to realize we are not going to

vote on this. It's finally going to be this

Board, the trustees. They are the decision

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makers. We are not going to vote on this.

So if you don't like the outcome, whether

it's yes or no, just remember, it's your

trustees that appoint the Board that make

this decision that affect all of us. That's

it.

MR. SWAUGER: Thank you. Is there

anybody else in the audience?

Please come forward and state your name

and address.

MR. NICHOLS: Tom Nichols, 3217 Hartville

Road, Rootstown. Don, I have just got a

question. I'm just curious if you are going

to utilize the railway spur for shipping.

MR. LITSINGER: We have no plan of doing

that. I mean, if -- if that came about, yes,

we will, because it's there.

MR. HOLT: I'm actually going to jump in.

MR. LITSINGER: Let Joel do it. I'm

sorry.

MR. HOLT: At this point in time, the law

would not allow that. Any -- any

transporting of the product has to be in

nondescript vehicles. I guess a train could

technically be nondescript. But I think a

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strict interpretation of the rule is that

sort of transportation would not be -- would

not be allowed even -- so -- we plan on using

just unmarked, small cars.

MR. NICHOLS: Okay. Thanks, Don.

MR. SWAUGER: Is there anybody else from

the audience that has anything? No? Okay.

The Board, anybody think of any other

questions that they might have?


MR. SWAUGER: Stan?

MR. DANNEMILLER: No, sir.

MR. SWAUGER: Roger?

MR. CARPENTER: No, sir.

MR. SWAUGER: Pat?

MR. GINTERT: Nope.

MR. SWAUGER: Theresa?

MS. SUMMERS: No.

MR. SWAUGER: Okay. Then moving forward,

is there a -- does anybody want to make a

motion to send this to the trustees for --

with amendments being safety training, safety

equipment, conditional use, and only one

facility in the Township?

MR. GINTERT: I'll make that motion.

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MR. SWAUGER: Okay.

MR. GINTERT: I think we let the trustees

decide. They are elected officials.

MR. SWAUGER: Is there a second?

MR. DANNEMILLER: I'll second.

MR. SWAUGER: Okay. We'll have a roll

call.

Stan?

MR. DANNEMILLER: Yes.

MR. SWAUGER: Roger?

MR. CARPENTER: Yes.

MR. SWAUGER: Pat?

MR. GINTERT: Yes.


MS. SUMMERS: Yes.

MR. SWAUGER: Rob, yes.

Motion carries.

So then what will happen is it will go to

the trustees. There will be another public

meeting. You all can attend. If you have

anything to say, you can. And then the

trustees will have the final vote.

MR. GINTERT: Can I just clarify, too?

Did we make sure that we said conditional?

MR. SWAUGER: Yes, I said conditional.

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MR. GINTERT: He said conditional.

MR. CARPENTER: This doesn't make the

final --

MR. SWAUGER: Pardon me?

MR. CARPENTER: This isn't a final

decision?

MR. SWAUGER: No, this isn't a final

decision. Okay?

MR. DANNEMILLER: Yes, sir.

MR. LITSINGER: Thank you for your time.

(Whereupon, a brief recess was taken.)

MR. GINTERT: So, the one we have, the

proposed amendment, so definition, we are

going to need to submit, correct?

MR. SWAUGER: Yes.

MR. GINTERT: We are changing the

proposed commercial district regulations to

include cultivation. No, that's the old one.

Where was the permitted use?

MS. SUMMERS: Right here. This right

here.

MR. DANNEMILLER: 370 --

MR. GINTERT: 370.03 E, yes.

MR. DANNEMILLER: E7.

MS. SUMMERS: E7.

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MR. GINTERT: I need to do that one. E7,

to include that. And then I still apologize.

Their original, they want it to be just for a

permitted use. That's all they were asking

for, correct?

MS. SUMMERS: Yes. And the definition.

MR. GINTERT: And the definition?

MS. SUMMERS: Yes, those are the

two things.

MR. GINTERT: But we are going to submit

it for a conditional use instead of permitted

use?

MS. SUMMERS: Yes.

MR. SWAUGER: Yes.

MR. GINTERT: Okay. And 370. Okay. We

are ready to go back on the record.

THE REPORTER: Okay.

MR. GINTERT: I make a motion that we --

or my motion -- or clarifying our previous

motion, that we use section 150.02 B, add the

definitions, cultivating and processing

medical marijuana: Growing, harvesting,

drying, storing, transporting, processing,

selling, and reasonable ancillary activities

related thereto, of medical marijuana in

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accordance with Ohio Revised Code 3796 -- is

that the correct number -- and corresponding

regulations, and only pursuant to an

appropriate license issued by the State of

Ohio.

I also propose we make a change to

section 370.03 E, schedule of permitted uses,

industrial districts. We are going to have

the addition of -- under E, number 7 --

cultivating and processing of medical

marijuana for light industrial/business park

district, conditional use; for G-1, general

industrial district, conditional use.

I submit that we submit those changes to

the trustees for approval.

MR. SWAUGER: Stan -- Stan, are you in

agreement with that?

MR. GINTERT: Oh, we also need to make

the corrections that we need to add to.

MR. SWAUGER: Oh, yes.

MR. GINTERT: We also need to add -- and

I'm not sure what section we are going to do

that in, where we add those conditions.

MR. SWAUGER: 370.01.

MS. SUMMERS: 370.01.

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MR. GINTERT: 370.01.

MR. SWAUGER: Is that correct, Jordan,

370.01?

MR. MICHAEL: 370.10.

MR. SWAUGER: 371?

MR. MICHAEL. 10.

MR. CARPENTER: 370.10.

MR. SWAUGER: Okay. 370.10.

MR. GINTERT: Rob, can you help me how

you want to word that? And I'll put it in my

proposal.

MR. SWAUGER: That the facility provides

safety training and equipment.

MR. GINTERT: If they are using butane

or --

MR. SWAUGER: Well, for the extraction of

the oils.

MR. CARPENTER: I think any way they

are --

MR. SWAUGER: And then only one facility

within the Township.

MR. GINTERT: Okay. And that's under

370.10 would be all right, too?

MR. MICHAEL: If you are making it a

conditional use, it has to go in the

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conditional section, in the chapter, 390.

MR. TIRPAK: Yes. Correct.

MR. SWAUGER: So the conditional portion

of it goes in that chapter. The rest would

go in the 370 --

MR. MICHAEL: 390.06 Z.

MR. TIRPAK: Z.

MS. SUMMERS: 390.06 what?

MS. GORDON: Excuse me, Rob. Do you have

propane, as well as butane listed in that

provision? I heard butane. I did not

hear --

MR. SWAUGER: Yeah, I'm not sure if we

are even qualifying it or making -- do you

want to qualify for butane and propane or CO2

also?

MR. DANNEMILLER: All three.

MR. CARPENTER: I would think all.

MR. SWAUGER: Okay. So for any

processing, that they have training or not --

MR. CARPENTER: Yes.

MR. SWAUGER: Okay. That's fine.

MR. GINTERT: And that goes -- what would

you think there, Jordan? Under conditional

section, those requirements?

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MR. MICHAEL: That's where it should go

for conditional use.

MR. GINTERT: Under 370 -- or 390.

MR. SWAUGER: For the conditional part of

the motion. The other part of it should be

in the 370.10, the one facility and the

safety training.

MR. MICHAEL: No. It all goes together.

MR. GINTERT: Should we just put a

conditional whole new section there?

MR. MICHAEL: Z would be a new section.

MR. GINTERT: Z would be a new section.

Okay. Let's start with that part of it then.

On my motion, also we would add section Z,

that would include conditional use

requirements for the medical marijuana

processing, on schedule 390.05, the first

conditional use being only one facility in

the Township.

The second conditional would be that the

company -- the entity would provide training

and equipment related to firefighting for the

processing section, for medical marijuana

processing facilities.

And the third -- last was -- we made it

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conditional.

MS. SUMMERS: To make it conditional.

MR. SWAUGER: That's it.

MR. GINTERT: So it's just those two

conditions that we are putting in there then?

MR. SWAUGER: Yes.

MR. GINTERT: Are there any other

conditions we want to add to that while we

are on the conditional? I mean, the odor is

already under general conditions in the

industry.

So my motion stands then as to -- with

those changes.

MR. SWAUGER: Stan?

MR. DANNEMILLER: I'll second the motion

as amended.

MR. GINTERT: We can review this as

written, instead of -- of what I have, before

we send it to the trustees.

MR. SWAUGER: Well, we have to send it to

the trustees, because of our timeframe.

MS. SUMMERS: Should we --

MR. DANNEMILLER: We will get another

shot at it, right?

MR. GINTERT: I don't believe we do, if

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we are sending it to the trustees.

MR. CARPENTER: This is it, guys.

MR. GINTERT: So I want to make sure we

are sending it as we want it to the trustees.

I agree --

MR. MICHAEL: Can our reporter maybe play

back previous statements? Is that possible?

MS. SUMMERS: That should be in the

record, to clarify.

THE REPORTER: What are you looking for?

MR. MICHAEL: The last motion.

MR. SWAUGER: The motion.

THE REPORTER: One second.

(Whereupon, there was discussion off the

record.)

MR. GINTERT: Jordan, can we just send it

out for review before it goes out? Just for

this Board, just so everybody can review it

and -- before we send it to the trustees, the

writing of it.

MR. MICHAEL: That one can be separate,

but then it would take another public

hearing.

MR. GINTERT: If it was changed?

MR. MICHAEL: Yes.

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MS. SUMMERS: I feel like all we did was

clarify the motion to include the things in

the sections, you know.

MR. GINTERT: That's fine. We'll send it

on. If there is a problem, it can be

changed. The trustees can kick it back at

that point.

MR. SWAUGER: Right. Okay. So Stan

seconded that motion -- seconded the motion.

So let's have another roll call. Okay.

Stan?


MR. SWAUGER: Roger?

MR. CARPENTER: Yes.

MR. SWAUGER: Pat?

MR. GINTERT: Yes.


MS. SUMMERS: Yes.


Okay. The clarification has been sent to

the trustees.

Okay. The commercial permitting, this is

also a public meeting -- public hearing. Is

there any discussion from the Board?

MS. SUMMERS: We're just adding language?

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MR. SWAUGER: Yeah, what we discussed.

MR. GINTERT: We added the design

guidelines, the -- the additional

requirements for --

MR. SWAUGER: Yeah, the -- the sentences

that are bold is what we are --

MR. GINTERT: So, basically, the fire and

health requirements. We read them all out.

MR. DANNEMILLER: You already did the

definitions?

MR. SWAUGER: Let's take them one at a

time. 350.01, is there any discussion on

that?


MR. CARPENTER: That's just about the

guidelines.

MR. SWAUGER: Okay. 350.13. Nothing?


MR. SWAUGER: Okay. Section 610.03 A.

MR. DANNEMILLER: That's okay.

MR. SWAUGER: Okay. Nothing?

Section 610.12.

MR. DANNEMILLER: That's okay.

MR. SWAUGER: Nothing?

MR. DANNEMILLER: Nothing.

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MR. SWAUGER: And then section 620.05 I.

Nothing?

MR. GINTERT: I read them all last month.

You can read them this month.

MR. SWAUGER: Nothing.

Okay. Does the audience have anything

for those topics, that was in the handout?

Is there a motion to send this to the

trustees?

MR. DANNEMILLER: Yes, Rob. I would like

to make a motion to send to the trustees for

their evaluation changes to section 350.01 I,

to read to promote the most desirable and

beneficial use of the land in conformity with

the comprehensive plan and the Rootstown

Township design guidelines, parentheses,

2017, comma, as amended, closed parentheses,

period.

Also, changes to section 610.03 A, number

5, to read a letter from the appropriate

public agency, parentheses, S, closed

parentheses, stating that the proposed

development or use conforms or will conform

to all applicable sanitary sewer, water,

floodplain, EPA, fire, and health

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54

departments, and wetland regulations, if

applicable. Other information necessary for

the evaluation of the plan as deemed

necessary by the zoning department.

Next change is to section 610.12, stating

no commercial or industrial structure shall

be occupied without a Township certificate of

use prior to opening. This certificate will

be for all new businesses, including owner

changes, tenant changes, and/or name changes.

A letter from the appropriate public

agency, parentheses, S, closed parentheses,

stating that the proposed development or use

conforms or will conform to all applicable

sanitary sewer, water, grading and surface

draining, floodplain, EPA, fire, and health

departments and wetland regulations, if

applicable. Other information necessary for

the evaluation of the plan as deemed

necessary by the zoning department.

And amendment to section 620.05 I, final

development plan submission requirements,

section -- or, I'm sorry, yeah, section I, to

state a letter from the appropriate public

agency, parentheses, S, closed parentheses,

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stating that the proposed development or use

conforms or will conform to all applicable

sanitary sewer, water, grading and surface

draining, floodplain, EPA, fire, and health

departments and wetland regulations, if

applicable.

Also, section 350.13, development plan

review, to state uses, buildings and

structures in commercial districts shall be

permitted only after development plans have

been reviewed and approved according to the

procedures set forth in chapter 620 and the

Rootstown Township design guidelines,

parentheses, 2017, comma, as amended, closed

parentheses.

MR. SWAUGER: Does that complete your

motion?

MR. DANNEMILLER: That does complete my

motion, sir.

MR. SWAUGER: Okay. Is there a second on

Stan's motion?

MS. SUMMERS: I'll second that.

MR. SWAUGER: Okay. Theresa seconds.

We'll have a roll call.

Stan?

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MR DANNEMILLER: Yes.

MR. SWAUGER: Roger?

MR. CARPENTER: Yes.

MR. SWAUGER: Pat?

MR. GINTERT: Yes.

MR. SWAUGER: Theresa.

MS. SUMMERS: Yes.


So motion goes to the trustees.

MR. NICHOLS: Question: Which section

deals with the Lake communities?

MR. SWAUGER: We are getting to that.

MR. NICHOLS: It's not in this handout?

MR. SWAUGER: No. We are going to set a

public meeting for that, just as we did for

the DonPhil Holdings, so the medical

marijuana.

MR. NICHOLS: Nothing in here deals with

the Lake communities?

MR. SWAUGER: Pardon me?

MR. NICHOLS: Nothing in here deals with

the Lake communities?

MR. SWAUGER: No.

Okay. Moving forward, we need to set a

public meeting, a public hearing on the Lake

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57

District at our next regularly scheduled

meeting. Is there a motion for that?

MS. SUMMERS: I'll make a motion. I'd

like to make a motion that we set for public

hearing, at our next regularly scheduled

meeting, the addition to chapter 340,

residential Lake District regulations. Is

that good enough?

MR. SWAUGER: Is there a --

MR. MICHAEL: We need a date.

MS. SUMMERS: At the September 19 public

hearing.

MR. GINTERT: Is that here at the school?

MR. MICHAEL: We don't know if it will be

available yet, but we will find out in time

to advertise.

MR. SWAUGER: Is there a second on

Theresa's motion?

MR. DANNEMILLER: I'd like to second

Theresa's motion.

MR. SWAUGER: Okay. All in favor?


MR. CARPENTER: Aye.

MR. GINTERT: Aye.


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(No response.)

MR. SWAUGER: Motion carries.

Okay. The other item we need to do is

set a workshop with Chad Murdock that is

convenient for us. In the past, when we had

extra meetings, we have done them on

Thursdays. Does that -- if we -- does

Thursday fit on everybody's schedule? And if

so, what Thursday?

MR. GINTERT: Next week is bad for me.

What is the workshop for?

MR. SWAUGER: For our -- he is going to

instruct us on meeting procedures.

Okay. If we do it this month, the

Thursdays we have are the 24th and the 31st.

If we do it in September, it would be the

7th, 14th, 21st, or 28th.

MS. SUMMERS: I prefer not the 7th.

MR. SWAUGER: First off, how does August

look for everybody?

MS. SUMMERS: August is okay.

MR. GINTERT: Just not next week for me.

MR. SWAUGER: Which is the -- you are

talking about the 17th?

MR. GINTERT: 24th.

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MR. SWAUGER: Or are you talking the

24th?

MR. GINTERT: 24th.

MS. SUMMERS: The 31st.

MR. SWAUGER: How about August 31st?

MR. CARPENTER: I'm good with anything.

MR. SWAUGER: Stan?

MR. DANNEMILLER: 31st is okay.

MR. SWAUGER: Okay. So let's -- let's

set it for August 31st, at 7:00, at the Town

Hall. Now, obviously, Chad is going to have

to get back with us and verify his schedule.

So once we know that, you know, we may have

to reschedule. I don't know.

MR. CARPENTER: Can we pick another date,

in case?

MR. SWAUGER: Well --

MR. CARPENTER: So we don't have to go

through this in another month.

MR. SWAUGER: So that leaves us in

September. September 7th?

MR. GINTERT: That's bad for Theresa,

isn't it?

MS. SUMMERS: That's bad for me.

MR. MICHAEL: Rob --

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MR. SWAUGER: We could go --

MR. MICHAEL: -- there is also a fifth

Tuesday available in August. The Town Hall

would be available that day.

MR. CARPENTER: There you go.

MS. SUMMERS: On what day?

MR. CARPENTER: That would be the 29th.

MR. SWAUGER: Oh, a Tuesday, the 29th?

MR. CARPENTER: Yes.

MS. SUMMERS: Oh, I work on Tuesdays.

MR. SWAUGER: You can get there by what

time?

MS. SUMMERS: 7:15.

MR. SWAUGER: I think that would -- if

you don't mind, I don't think that would be a

problem.

MS. SUMMERS: Yeah.

MR. SWAUGER: So Tuesday the -- August

29th, does that work?


MR. SWAUGER: Pat?

MR. GINTERT: Yeah.

MR. SWAUGER: Our second -- our second --

well, our alternate date or either date would

be the 29th of August, 7:00, at the Town

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61

Hall.

MR. GINTERT: 31st was at 7:00 also?

MR. SWAUGER: Uh-huh.

MR. KNAPP: Is this an open meeting --

MR. SWAUGER: Uh-huh.

MR. KNAPP: -- or a closed meeting?

Okay.

MR. SWAUGER: It will be advertised in

the newspaper, once -- once we clarify a

date.

MR. KNAPP: This is for meeting

procedures?

MR. SWAUGER: Yes.

So, okay. Does anybody from the Board

have anything else to discuss?

MS. SUMMERS: Can I -- I apologize that I

was not here last month. And we are going to

do this public hearing next month on the Lake

Districts. And I just wanted some

clarification on a couple things that I

wrote, so I know on -- so this Lake District

is just for the homes, the existing homes,

right? I mean, is that where the Lake

District is going to be drawn around? Is

that how we -- is that how you identified it?

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MR. MICHAEL: Yes.

MR. GINTERT: Jordan identified the

tax -- the lots associated with it.

MS. SUMMERS: Okay.

MR. GINTERT: On the e-mail that he had.

MR. MICHAEL: Yes.

MS. SUMMERS: Okay. Because then I

looked at 340.04D, and it said LD existing

lots and then it said LD new lots. Which the

new lots still had a lot width of 65 feet;

lot frontage -- it was the same.

MR. MICHAEL: That's removed. It's just

the existing lots now.

MS. SUMMERS: Oh, that has been removed?

Okay. Let me see if there is anything else.

Sorry. And it didn't include Sappwood

Shores. Is that -- in the 340.01 A1, it says

Sandy and Muzzy Lake. It doesn't say

Sappwood Shores. So we are not doing that

yet?

MR. MICHAEL: No. That's saying -- no.

That's defining the lakes, but you can change

it to put the association names.

MS. SUMMERS: Oh, okay.

MR. CARPENTER: It's considered the Lake

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63

District.

MS. SUMMERS: Okay.

MR. CARPENTER: Those are the two lakes.

MS. SUMMERS: Okay. I see.

MR. CARPENTER: Not specific to --

MS. SUMMERS: Okay.

MR. GINTERT: It might make sense to

clarify, though --

MR. CARPENTER: I think we should.

MR. GINTERT: -- to put both, since those

are three different --

MS. SUMMERS: So we should clarify that?

MR. CARPENTER: All three --

MS. SUMMERS: So, next, when we talk

about that --

MR. CARPENTER: Well, I caught that, too.

THE REPORTER: Excuse me.

MR. DANNEMILLER: Guys, we need to speak

very clearly and only one at a time, so as to

not drive the nice lady at the end of the

table crazy.

MS. SUMMERS: Okay. So 340.01 A1 in the

Lake District proposal, we are going to

discuss clarifying it, the different

districts, to add Sappwood Shores. It's not

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64

listed there.

So everything outside the perimeters of

the existing homes is going to be R2? Is

that the way I read it? Just like as -- as

is --

MR. CARPENTER: Uh-huh.

MS. SUMMERS: Okay. And then also -- the

only other thing I had was 340.08 AC, it

talks about the attached garage required. Do

they have attached garages on those? Are

they going to be able to -- because we are

talking about getting them conformed. Do

they even --

MR. MICHAEL: That only applies to new

homes.

MS. SUMMERS: That's new. Okay. I think

that was it.

MR. SWAUGER: Okay. Any other topics of

discussion?

If not hearing any, is there a motion to

adjourn?

MR. DANNEMILLER: Motion to adjourn.

MR. SWAUGER: I'm sorry. Ma'am, please

come up here and state your name and address.

MS. ZOLLER: My name is Barbara Zoller.

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65

I reside at 4001 Harden Road, Ravenna, Ohio.

And what I'd like to ask is we would have a

court stenographer for the public meeting for

the Lake District on September 19th.

MR. SWAUGER: Yes.

MS. ZOLLER: Okay. And then also, I

would highly recommend that you use

microphones for that meeting, because --

MR. SWAUGER: It was hard to hear?

MS. ZOLLER: -- in the audience, it was

very hard to hear, especially when people had

their backs to -- talking to you.

MR. SWAUGER: I see.

MS. ZOLLER: So it would be a lot easier.

I know I have been here before when there

have been big meetings, and they actually

had --

MR. SWAUGER: Yes.

MS. ZOLLER: -- the Board up on the

stage, and then the audience was back in

here. So I was just going to suggest that --

MR. SWAUGER: Okay.

MR. ZOLLER: -- at least have some sort

of microphone, since you're bringing a person

up here, and they can use that microphone,

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66

too.

MR. SWAUGER: Very good. Thank you very

much.

MS. SUMMERS: Thank you.

MR. NICHOLS: When is the meeting --

MR. SWAUGER: September 19th. That would

be the regularly scheduled --

MR. CARPENTER: Third Tuesday --

MR. NICHOLS: And the meeting is for --

you guys are going to vote on the

resolutions?

MR. SWAUGER: We will vote to send that

to the trustees, just like we did in the

meeting earlier for DonPhil Holdings. There

could be some discussion, as well, because we

can still make changes within this meeting.

So there very well may be discussion, which

that would also go to the trustees, as well,

as an amendment. Same procedure as DonPhil.

MS. SUMMERS: Does this have to go to the

prosecutor?

MR. MICHAEL: Yes. Can we also have a

motion to send that to regional planning and

the prosecutor for review?

MR. DANNEMILLER: Send what?

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MR. GINTERT: The Lake Districts?

MR. MICHAEL: Yes, that chapter.

MR. SWAUGER: Okay. Is there -- the 340?

MR. MICHAEL: Yes.

MR. SWAUGER: Okay. Is there a motion to

send section 340 -- is it --

MS. SUMMERS: The residential Lake

District, just the whole thing.

MR. SWAUGER: 340 -- section 340.01.

MS. SUMMERS: It's the whole thing.

MR. MICHAEL: Chapter 340.

MR. SWAUGER: Chapter 340 to regional

planning and the county prosecutor?

MS. SUMMERS: I'll do that since I --

MR. SWAUGER: Okay. State that.

MS. SUMMERS: I would like to amend my

motion for chapter 340, residential Lake

District regulations, to set the public

hearing for September 19th, and also to send

it to Portage County Regional Planning and

the prosecutor for review.

MR. SWAUGER: Is there a second?

MR. DANNEMILLER: I second the motion.

MR. SWAUGER: Okay. Roll call. Roger --

or Stan? I'm sorry. Stan?

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MR. SWAUGER: Roger?

MR. CARPENTER: Yes.

MR. SWAUGER: Pat?

MR. GINTERT: Abstain.


MS. SUMMERS: Yes.


So motion carries.

Any other topics?

MR. NICHOLS: I have got a question.

Where did the proposal to rezone the Lake

Districts originally come from?

MR. SWAUGER: Portage County Regional

Planning and the county prosecutor are -- and

the zoning secretary and inspector were

instrumental in that formulation.

MR. KNAPP: Is that available now to

review?

MR. SWAUGER: Is it -- is it online?

MR. MICHAEL: It is not online yet. But

when it is advertised, it will be -- it will

be advertised at least ten days before, and

it will be online on the Web site and also

available for pick-up at the zoning office.

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MS. SUMMERS: Is it -- is it unheard of

to have actually copies? Could we have

copies of that, so when people are here, they

can look at it and --

MR. MICHAEL: Yeah, like I had copies

available for this hearing tonight. So it

will be the same.

MS. SUMMERS: Okay.

MR. SWAUGER: It will be the same

scenario. So, yes, just not right at this

moment.

THE REPORTER: Sir, could I get your

name, please?

MR. KNAPP: Yes. Ron Knapp, 3992

Sappwood Drive, Ravenna.

MR. NICHOLS: And do you know, what were

the major issues that brought this up before

you guys, and why after all these years --

MR. SWAUGER: The major issues were they

were noncompliant with the rest of the

Township. And this was a goal to get them

compliant, so that they don't have to go to

the board of zoning appeals for every

improvement that they want to do. This way,

if it's approved, they just go to the

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70

inspector, get their zoning permit, and they

are on their way. They don't have to pay

money to -- for the Zoning Board of Appeals.

It's a faster process, a lot less painful.

Basically, that's -- that's the reason why.

MR. NICHOLS: So this is for them; you

are doing this --

MR. SWAUGER: Yes.

MR. NICHOLS: You guys are doing this for

them --

MR. SWAUGER: For them.

MR. NICHOLS: -- to make their lives

easier?

MR. SWAUGER: Yes.

MR. CARPENTER: Attempt. I said attempt

to make their lives easier.

MR. SWAUGER: Yes. That's the goal.

Are there any other questions?

(No response.)

MR. SWAUGER: Okay.

MR. DANNEMILLER: Motion to adjourn.

MR. SWAUGER: Second?

MR. GINTERT: Second.

MR. SWAUGER: All in favor?


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71

MR. CARPENTER: Aye.

MR. GINTERT: Aye.


(No response.)

MR. SWAUGER: Motion carries.

_ _ _ _ _ _ _

(This proceeding concluded at 8:30 p.m.)

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72

C E R T I F I C A T E

STATE OF OHIO, ))

STARK COUNTY. )

I, Shannon Roberts, a Registered ProfessionalReporter and Notary Public in and for the State ofOhio, duly commissioned and qualified, do herebycertify that the within testimony so given was by mereduced to Stenotype, afterwards prepared and producedby means of Computer-Aided Transcription, and that theforegoing is a true and correct transcription of thetestimony so given.

I further certify that this proceeding was takenat the time and place in the foregoing captionspecified.

I further certify that I am not a relative of,employee of or attorney for any party or counsel, orotherwise financially interested in this action.

I do further certify that I am not, nor is thecourt reporting firm with which I am affiliated, undera contract as defined in Civil Rule 28(D).

IN WITNESS WHEREOF, I have hereunto set my handand affixed my seal of office at Canton, Ohio, this18th day of August, 2017.

_____________________________________Shannon Roberts, Notary PublicMy commission expires February 2, 2018

rootstown zoning 081517rootstowntwp.com/zoningcommminutes/081517.pdf · 2017-09-22 · for public...

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