Minutes of the Meeting of the Rootstown Township Zoning Commission
December 21, 2009

The Rootstown Township Zoning Commission held a public hearing on Monday, December 21, 2009, at 7:00 p.m. at the Rootstown Town Hall.

Present:
Paul Galido
Karen Henry
Ann Marie Mullenix
Rob Swauger
George Tishma
Helen Vari

Absent:
Jim Mahood, Zoning Inspector

Also present:
Van-Note Black, Assistant Zoning Inspector
Judy Adamson, secretary

Chair, Ann Marie Mullenix, called the meeting to order and everyone stood for the Pledge of Allegiance.

Mrs. Mullenix asked members of the public in attendance if they had business and they could have the floor for 10 minutes. Mildred and C.J. Chrin stated they were there because it was a public meeting.

The proposed amendment to add a chapter to the zoning resolution to regulate wind and solar energy was foremost on the agenda. Portage County Regional Planning Commission and the township’s legal counsel Chris Meduri of the Prosecuting Attorney’s office both were presented with the draft form of the chapter that the zoning commission worked on for several months and asked for their input and further recommendations.

Portage County Regional Planning Commission reviewed the zoning commission’s wind and solar energy draft chapter and returned it with only a slight modification and approved the text amendment that it felt would meet the needs of the community. Additional references in the chapter will keep the zoning resolution internally consistent.

Assistant Prosecutor, Chris Meduri, also responded to the proposed chapter on wind and solar energy with positive recommendations for these conditionally permitted uses, citing the Ohio Revised Code which grants a township the authority to regulate them.

The group discussed the paperwork which the Regional Planning Commission returned and considered their comments and suggested modifications and made note of the legal counsel’s approval as to the legal form of the chapter.

Audience member C.J. Chrin then asked if the public would have time to make comments prior to the voting and approval of the proposed amendment. Mrs. Mullenix explained that the zoning commission has worked on this important issue for several months and each time the public has had the opportunity to attend and offer input prior to submitting it to the county level for further action. However, she allotted Mr. Chrin ten minutes to state his comments. He feels that allowing only one small energy system unit is ‘unreasonable’ and that several small units would be more cost effective and more reliable. Mr. Chrin stated that the township has no authority to state what’s the most cost effective way to provide alternative energy and that no judge will agree with the township’s assumption. Health, safety, and general welfare of the public is all the township can base their regulations upon, he said, and he feels he can do whatever he wants on his property as long as it doesn’t interfere with the public. Also, the cost would be greatly increased because of the certification requirement put in this chapter’s text. He feels the manufacturers will have the liability for their units and that the size limits and setback requirements would prohibit the public being hurt or injured. The part about removing the unit when it might be non-functional, he feels is meaningless.

Mrs. Mullenix explained that the extensive work done by the zoning commission was taken very seriously and the whole township’s interest was considered.

George Tishma made a motion to approve the proposed new chapter for wind and solar energy as submitted with a modification recommended by Regional Planning and inserting “conditionally-permitted” in the solar energy purpose section. Paul Galido seconded the motion and the vote was as follows: Henry, YES; Vari, YES; Swauger, YES; Galido, YES; and Mullenix, YES.

The proposed amendment will now be submitted to the trustees for approval.

Rob Swauger made a motion to approve the November 17, 2009 Zoning Commission minutes as presented. George Tishma seconded the motion and all ayes were heard.

Mrs. Mullenix decided that no new business would be begun until next year and with a new trustee coming aboard, maybe priorities will be different. We will start with new goals in January and continue the tabled items that were put on hold while the wind and solar energy regulations were being worked on.

The next regularly scheduled meeting will be January 19, 2010.

Helen Vari made a motion to adjourn the meeting. George Tishma seconded the motion and all ayes were heard.

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Ann Marie Mullenix, Chairperson
Rootstown Township Zoning Commission

Judy Adamson, secretary