Thursday, October 13, 2005, the Board of Trustees of
The meeting opened with the pledge of Allegiance.
FIRE DEPARTMENT: (Chief Rich Peterson)
Station #3/Dispatching Center update: Chief Peterson reported on the current schedule of completion dates for Fire Station #3 (copy attached) and also on a letter he drafted to RP Babik Construction Company stating his concerns regarding their lack of progress, (copy attached) which will be sent by Return Receipt Requested on Friday, October 14th.
Local 540 (International Brotherhood of Electrical Workers): Discussion was held on a
letter and other correspondence received from I.B.E.W. (copies attached) regarding issues on the
electrical contract. The Board agreed to
send a letter to
Prevailing Wage Coordinator: Discussion was held regarding the coordinator for Prevailing Wage and how it’s handled. Russ Goffus thought the architect handled this, but Virginia Macdonald said the past clerk always handled prevailing wage issues. Discussion followed.
Accept resignation: Russ Goffus motioned to accept the resignation for personal reasons from part time dispatcher, Barb Prince, seconded by Virginia Macdonald. All voted yes. Motion carried. RES#05-226
Swearing in Fire Department Candidates: Virginia Macdonald administered the oath for Firefighter/Paramedic Michelle Epperley, Firefighter/Paramedic Jason Laird and Firefighter/EMT Brian Lamm. Following the swearing in ceremony, the Board of Trustees and the Clerk welcomed them to the department and they received a round of applause.
Pancake breakfast: The Chief reminded everyone about the free pancake breakfast this Sunday, October 16th, from 8 a.m. to 12-noon at Fire Station #2.
45 flyers: Discussion was held on the Issue 45 flyers that were put on cars at
the meet the candidate’s night on October 12th, 2005. Todd Bosley reported a City of
ROAD DEPARTMENT: (Superintendent Kevin Swartz)
Raise catch basin at 6111 Holderman: Kevin reported it would cost $125.00 to raise the catch basin at 6111 Holderman. For safety reasons, the Board agreed this should be done.
signs at Bentler & Diamond: Kevin reported the signs are on the dividing line
Iron beam: Todd Bosley reported township road employee, Dan Wayt, inquired if he could have the large iron beam behind the township garage. Since this item has been removed from township inventory and is of no use to the township, the Board agreed it would be okay.
Brakes for truck #1: Kevin advised the Board truck #1 needs brakes and said this would be done sometime next week.
Road Report for October 13, 2005: Russ Goffus motioned to accept the road report, as written, seconded by Todd Bosley. All voted yes. Motion carried. (Copy attached) RES#05-227
Todd Bosley announced copies of the road report and zoning report(s) are available for those who want them.
October 13, 2005 (Cont.)
ZONING DEPARTMENT: (Keith Lasure)
Bringing resident before the Board of Trustees: Keith asked the Board for permission to bring township resident, Mr. Moran of 7432 Pilot Knob, in front of the Board regarding a violation of not putting a fence around his pool. Mr. Lasure said he sent several letters to Mr. Moran. Mr. Moran wrote back stating the township did damage of $500.00 to his property, that he didn’t have the money and would fix his pool when he got around to it. The Board agreed it would be okay to bring Mr. Moran before them. Russ Goffus said other townships do it all the time but the problem is usually solved before it gets that far.
Letter to RPC to proceed with the zoning section maps for a total cost of $850.00: The Board asked township secretary, Sharon Shaub, to write a letter to RPC and all three trustees would sign it. Keith reported there are approximately 132 to 136 actual maps.
September 2005 Zoning Report for Stark County Auditor: Virginia Macdonald motioned to accept the September 2005 Zoning Report for the Stark County Auditor, seconded by Todd Bosley. All voted yes. Motion carried. (Copy attached) RES#05-228
Zoning Report for October 13, 2005: Virginia Macdonald motioned to accept the zoning report, as written, seconded by Russ Goffus. All voted yes. Motion carried. (Copy attached) RES#05-229
CONCERNS OF CITIZENS:
Donna Fuller of 5857 Rosedale questioned the audit, talked about the Groffre lawsuit, the truck incident, shredding of documents and the amount of money allowed to be spent. Clerk Carlene Harmon explained the audit would be approximately four (4) more weeks and said she received a call from the sheriff department so there is still something going on with the investigations but the township does not have any answers yet.
Linda Shier of 8710 Easton commented on water problems from the floods of 2003 saying according to some residents, the township only has four streets with water problems, those being Noel, Rosedale, Francesca and Winter. She said the 2003 floods affected everyone. She also commented on the candidates running for trustee, her concern about the township budget in the next four years and the Groffre lawsuit.
Terri Huckels of 8730 Easton commented on meet the candidates night saying the fire chief and the road superintendent both do a good job, commented that all elected officials should be concerned with all residents, elected officials need to know the State laws regarding township policies and when speaking, it should be ‘we the trustees. There is no ‘I’ in the word trustee.
Bill Blackmer of 3505 Maplegrove commented on whether the township or the county is responsible for the mosquito spraying. He also asked about the Issue 45 flyer, the road and fire levies and talked about his ditch problem, which Kevin will check again.
It was now 8 p.m. and time to excuse the students and begin the Brogan hearing. Concerns of Citizens will continue after the Brogan Hearing.
8:00 P.M. – EXCUSE STUDENTS/BROGAN HEARING:
Excuse Students: Virginia Macdonald excused the
Brogan Hearing: Virginia Macdonald said tonight’s hearing is to consider an amendment to rezone .87 of an acre of land, more or less, and being part of the west half of the SW Quarter of Section 9, Township 19, Range 7, Parcel No. 33-00387, situated on the northwest side of 7035 Columbus Road, from R-1 Single Family Residential District to B-3 General Business District. The reason for requesting the reclassification is to open a small retail business or to store vehicles on the lot.
Mrs. Macdonald then read Regional Planning Commission’s recommendation, which was denial of the proposed rezoning to B-3 General Business. (Copy attached)
Mr. Brogan’s attorney, Deborah Venet with Richard T. Schnars Co., LPA, 3205 Bretton Street NW, N. Canton, Ohio, stepped to the podium and explained Nimishillen Township Zoning Commission Board member, Ed Metzger, motioned to modify the request from B-3 to B-2. However, that motion ended in a tie vote and apparently was a lack of a quorum to carry the B-2. (Zoning Commission Board member, Joe Marks, was absent from the ZC Hearing, which was held on September 26, 2005). Ms. Venet said she knows the Board of Trustees also have the power to ‘modify’. Ms. Venet said they are no longer interested in a B-3 but now want a B-2 classification saying what Mr. Brogan wants to do could be accomplished under B-2.
October 13, 2005 (Cont.)
Ms. Venet said she feels a ‘B’ zoning would be a good buffer between the residential areas and said the whole area is a mixture of Industrial and B-3. She said this particular area is a hardship for her client because he cannot do anything with it and is already paying commercial taxes on this property.
Ms. Venet continued by saying Mr. Brogan is trying to improve the appearance of the property and said he does not want anything alcohol related as previously discussed in 2000 and 2001. She said Mr. Brogan wants to put in a small retail shop a possible shrubbery type business or even a café shop – something to go along with the community setting. Ms. Venet stated RPC said something should be done with this area so it doesn’t keep coming before them for reclassification.
Paul Brogan of 7103 Columbus stepped to the podium stating he bought this property December 28, 2004 and said this has been a hardship for him because of the expense and no income and can’t even write it off on his taxes. Mr. Brogan said he has a 31-year old disabled son and he would like to have this property rezoned before he passes away so his son can hopefully have some income. Mr. Brogan stated he has fixed it up and will continue to fix it up if it’s rezoned as business. Zoning Inspector, Keith Lasure, said RPC advised the motion for B-2 at the September 26th Zoning Commission hearing died for lack of a majority vote.
Russ Goffus said RPC wants a comprehensive zone change for this area and feels this should be initiated. Mr. Lasure agreed a comprehensive zone change would be the way to go but said it would take time (as much as up to a year) and that it couldn’t be done overnight.
Mr. Goffus stated he feels the Board needs to deny the B-3 and start the comprehensive zone change now – move forward and do it.
Ms. Venet again stated the Board of Trustees has the power to modify the zone change to a B-2. She said in 2000 and 2001, RPC recommended B-2 and in 2005, they got tired of this continually coming before their committee.
Mr. Lasure said since Mr. Brogan requested the B-3, there are trucks parked at this particular corner and the other day there was a trailer with big logs and also piles of wood. Mr. Lasure said there is, what looks like a driveway, going toward the area where they keep the mulch and feels there is no way this could be zoned anything at this time. He suggested two members from Zoning Commission, RPC, himself and a trustee should meet to discuss what could be done with this area. With all the different zoning and businesses in this area, Mrs. Macdonald was concerned about the residential area in the midst of this.
Joanne Moody of 7018 Pilot Knob said she doesn’t know why Mr. Brogan purchased this building when Mr. Brogan knew of all the circumstances. She brought up the Stop Work Order on the mulch business, which has been ignored by Mr. Brogan. She said the mulch pile is getting bigger and bigger and it looks like a dump. There are also trucks all over. She did say there have been a few improvements on the little building but feels this isn’t anything to compliment the township. She also feels Jerry’s place is not great either but that was voted in before the current Board’s time and now there’s nothing anyone can do to rescind that vote. Mrs. Moody continued by saying if she was one of the neighbors near Mr. Brogan, she would be very, very opposed having more of the Brogan property being turned into a mulch dump.
Keith Lasure said there has been a lack of cooperation from the Brogans. Russ Goffus agreed the Brogans have not been cooperative and stated if they had, the township would be willing to work with them. Much discussion followed.
Mr. Goffus said it is his recommendation to deny the B-3 and automatically go for the comprehensive zoning and that this needs to move swiftly. Goffus said the township doesn’t want trucks and mulch piles.
Mr. Brogan stated he’s not talking about the mulch business at this time – he is talking about the .87 of an acre and said it was no ones business what he does with the rest of it. Goffus said it is our business and if there would be a comprehensive zoning of the area, it would involve the mulch business.
Todd Bosley said the problem (as he sees it) is that there is not proper sewage to do any type of business and it would be very expensive to put in a sewer system.
Keith Lasure said the B-3 zone change should be solved now and then move forward to see what could be done. Again, much discussion followed.
October 13, 2005 (Cont.)
Russ Goffus said the best use of this property would be some type of business. He said the B-3 request would most likely be denied but the question is should it be modified to a B-1 or B-2 or go for the comprehensive zone change immediately. Discussion followed.
Mr. Brogan said Attorney Jakmides told him not to buy this building because it would be a zoning problem. Mr. Brogan said the only thing he knows to do is to knock it down. Mrs. Macdonald asked Mr. Brogan if this could be a solution and Mr. Brogan said yes, that his boys wanted him to tear it down from the beginning. Goffus said he feels this area still needs to be looked at for comprehensive zoning. Keith said he would contact RPC to set up a meeting.
Discussion was then held whether or not to deny the B-3 tonight. Secretary, Sharon Shaub, explained the Board has twenty (20) days from tonight to make a decision. Much discussion followed.
Macdonald motioned to take advantage of the twenty (20) days and to ‘continue’
tonight’s hearing regarding the Brogan property on
CONCERNS OF CITIZENS (CONT.)
Lynch of 7293 Hahn commented on the construction of the
CONCERNS OF TRUSTEES:
Update on Fairhope Ditch: Virginia Macdonald reported she spoke to CT Consultants. Rob Graham will contact the township office with dates to meet on site with the trustees to go over details on this project. Advertising will not be necessary because no decision will be made.
Alternates for ZC/ZBA: Discussion was held regarding the need for alternates on the ZC/ZA Boards. Township secretary, Sharon Shaub, will check with other townships to see what they do and also with Sharon Miller to find out if the Boards could crossover between each other to serve as alternates.
Terms expire 12/31/05 for Louise Vance (ZBA) and Ed Metzger (ZC): The Board agreed to advertise in the Louisville Herald for terms expiring on 12/31/05 for Louise Vance on the Zoning Board of Appeals and Ed Metzger on the Zoning Commission Board. Since a legal notice is not necessary, the ad will be put in as a public notice.
or Treat: The Board agreed to hold Trick or Treat in conjunction with the
Adopt Travel Policy: Clerk Harmon modified the Travel Policy and asked the Board to adopt the new Travel Policy. Russ Goffus motioned to adopt the Nimishillen Township Employee Policy Manual for Travel, as written, seconded by Todd Bosley. All voted yes. Motion carried. (Copy attached) RES#05-231
property annexation: The township secretary will call the
APPROVAL OF MINUTES:
Virginia Macdonald motioned to approve the September 22, 2005 Minutes, as written, seconded by Russ Goffus. All voted yes. Motion carried. RES#05-232
CONCERNS OF THE CLERK:
Transfers per Res. #05-005:
September 24, 2005:
· $30,910.00 From: 1-A-25 Contingency
To; 1-C-01 Salaries
October 6, 2005:
· $ 3,000.00 From: 1-A-25 Contingency
To: 1-D-09 Other Fire Expense
October 13, 2005 (Cont.)
Request advance for Inheritance Tax: The clerk requested the Board to make a Resolution to request advance for Inheritance Tax – so moved by Russ Goffus, seconded by Todd Bosley. All voted yes. Motion carried. RES#05-233
Request for amended certificate for FEMA Fire Grant: The clerk requested a Resolution for amended certificate for FEMA Fire Grant for $99,180.00 – so moved by Russ Goffus, seconded by Todd Bosley. All voted yes. Motion carried. (Copy attached) RES#05-234
APROVE PURCHASE ORDERS:
Russ Goffus motioned to approve all purchase orders, seconded by Todd Bosley. All voted yes. Motion carried. RES#05-235
APPROVE FINANCIAL REPORT AND PAY BILLS:
Virginia Macdonald motioned to approve the Financial Report and pay bills in the amount of $13,525.22, seconded by Todd Bosley. All voted yes. Motion carried. (Copy attached) RES#05-236
SIGN CHECKS AND ADJOURN:
Russ Goffus motioned to sign checks and adjourn, seconded by Virginia Macdonald. All voted yes. Motion carried. RES#05-237
The meeting adjourned at 9:10 p.m.
ATTEST: CLERK/TREASURER VIRGINIA K. MACDONALD, TRUSTEE PRESIDENT
TODD D. BOSLEY, TRUSTEES VICE PRESIDENT
RUSSELL L. GOFFUS, TRUSTEE