Nimishillen Township Board of Trustees

October 27, 2005



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On Thursday, October 27, 2005, the Board of Trustees of Nimishillen Township met in regular session at 7:00 P.M. at the Nimishillen Township Hall located at 4422 Maplegrove NE with the following members present:Trustee President Virginia K. Macdonald, Vice President Todd D. Bosley and Trustee Russell L. Goffus.Clerk Carlene Harmon was absent due to illness.


The meeting opened with the pledge of Allegiance.


FIRE DEPARTMENT: (Chief Rich Peterson)


Authorization to send specs for firefighting turnout gear & breathing air compressor to prosecutor for approval: Russ Goffus motioned to send specifications for firefighting turnout gear and a breathing air compressor (funded through FEMA Grant Award) to the prosecutorís office for approval, seconded by Todd Bosley.All voted yes. Motion carried.†† RES#05-238


Approval to appoint Nick Abramson: Russ Goffus motioned to appoint Nick Abramson as a firefighter candidate to begin the application process, seconded by Virginia Macdonald.All voted yes.Motion carried.†† RES#05-239


Fire station #3 update: Construction is moving along.There was a meeting earlier in the day with the general contractor (RP Babik) to discuss some delays that are taking place.The Board gave Rich approval to send a letter to the prosecutor asking for a meeting to discuss the delays.Rich reported thirteen (13) districts are currently on board with the Nimishillen Township Dispatching Service and three (3) more municipalities have asked for quotes.There are two (2) full time dispatchers as well as other firefighters that have been trained to do dispatching.


ROAD DEPARTMENT: (Superintendent Kevin Swartz)


Domer driveway drain repair at 4344 Swallen: Since doing road work at Mr. Domerís residence, Kevin reported Mr. Domerís driveway drain needs raised so the residentís vehicles will not drag when he goes in and out of his driveway.The Board asked Kevin to get estimates from a welder for materials and to find out how long it would take to fix the problem.This was tabled until the next Trusteesí Meeting on November 10th.


Springs for trucks #1 & #2: Kevin reported the maximum cost for front-end springs for trucks #1 & #2 is $1,500.00 per truck.This quote is from Superior Springs.The Board agreed to go ahead and fix the trucks before winter.These trucks will eventually be used as spare trucks.


Road Report for October 27, 2005: Virginia Macdonald motioned to approve the Road Report for October 27, 2005, as written, seconded by Todd Bosley.All voted yes.Motion carried.(Copy attached)†† RES#05-240




Zoning Report for October 27, 2005: Todd Bosley motioned to accept the Zoning Report for October 27, 2005, as written, seconded by Virginia Macdonald.All voted yes.Motion carried.(Copy attached)†† RES#05-241




Dawne Friedman was scheduled to speak but was not in attendance.Donna Fuller said Dawne was on her way and would be here shortly.


Bill Blackmer of 3505 Maplegrove talked about his drainage problem.Kevin explained they would be ditching on Maplegrove in about two weeks.The Board asked Kevin to send a letter to Mr. Blackmerís neighbors, Mr. Brad Wilson of 3617 Maplegrove and JM Seaman of 3555 Maplegrove, explaining to them that their help is needed to help solve Mr. Blackmerís problem by Mr. Wilson & Mr. Seaman putting a couple more yard drains on their property along with cutting/tapering off the berm around the drains so that the water can reach the new and the existing yard drains.


Mr. Blackmer also asked about the 6-mill fire levy, which Chief Peterson explained.


Tom Phillips of 5363 Lesh commented on the Fairhope Ditch Project.He said he is for the project but did not sign the work release because the release is very vague and asked if they tear up his yard, would it be put back the way it was.Russ Goffus explained the contractor doing this project would contact each resident and work closely with them.


Mr. Phillips commented on comments by Township Trustee Candidates that were printed in the papers and also commented on the Groffre Lawsuit.



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October 27, 2005 (Cont.)




Cindy Rosetti of 6136 Meese Road said this is her first meeting and said comments are supposed to be limited to five (5) minutes and said her heart went out to Mr. Blackmer because the Board President cut him off but let Mr. Phillips speak for a much longer time.Mrs. Macdonald said that was a good point and thanked Ms. Rosetti for her comment.


Mike Lynch of 7293 Hahn commented on Mr. Blackmerís problem and asked about a natural spring and creek in Mr. Blackmerís back yard.Discussion then followed between Mr. Blackmer and Russ Goffus.Todd Bosley said the road department can only work within the road right of way and any work on private property must come from the County.


CONCERNS OF TRUSTEES: (Virginia K. Macdonald, Todd D. Bosley, Russell L. Goffus)


Beck water line: Virginia Macdonald read a letter from City of Louisville Manager, Tom Ault.The letter states the City of Louisville is withdrawing its request to install a water line along Beck Road between SR153 and the Norfolk & Southern Railroad line and said the City has obtained a utility easement from the owners of another property and that easement renders the utilization of the Beck Road corridor unnecessary.The letter also comments on the Sherwood Corporation facility on Beck Road and their attempt to get water run to their facility.Discussion followed.(Copy of letter attached)


Meeting with City of Louisville: Todd Bosley said he spoke with Tom Ault and a tentative meeting was suggested for Tuesday, January 17th, 2006 at 7:00 p.m.This will be advertised at a later date after details are worked out.


Prevailing Wage Coordinator for Fire Station #3: Virginia Macdonald motioned to appoint Tillie Kinsley, who works for the township as the clerkís assistant, as Prevailing Wage Coordinator for Station #3, seconded by Todd Bosley.All voted yes.Motion carried.†† RES#05-242


Authorization to enter job sites: Russ Goffus said he would send a letter to the prosecutor for proper wording to adopt a policy regarding authorization to enter job sites.This was tabled until a response is received from the prosecutor.


Station #3 building issues: Todd Bosley reported on the meeting with the prosecutor.Mr. Mike McElfresh, who is a state certified electrical inspector with I.B.E.W. (International Brotherhood of Electrical Workers) Local 540, stated he has concerns about electrical fittings, which are being scheduled for installation.He said they are not what had originally been specified in the bid stating the materials are of lesser quality and that the township residents are not getting what they are paying for.The Board agreed to go into Executive Session a little later this evening and call the Stark County Prosecutor for advice.




8:00 p.m.: Virginia Macdonald excused the Louisville High School Government class students and the elected officials signed their papers.




8:05 p.m.: Mr. Richard Schnars of 3205 Bretton St., NW, Suite #300, North Canton, Ohio stepped to the podium and asked the trustees to give Mr. Brogan a zone change for the NW corner property located at Easton & Columbus.Mr. Schnars said this property is currently zoned R-1 and Mr. Brogan would like to have it changed to business.Much discussion followed.


With no one to speak for or against this zone change and with no further discussion, Virginia Macdonald motioned to adopt the recommendation of Regional Planning Commission to DENY the zone change from R-1 to B-3, seconded by Russ Goffus.All voted yes.Motion carried.†† RES#05-243




Virginia Macdonald motioned to go into Executive Session at 8:25 p.m. to discuss possible pending litigation regarding fire station #3, seconded by Russ Goffus.All voted yes.Motion carried.†† RES#05-244


Virginia Macdonald motioned to come out of Executive Session at 9:05 p.m., seconded by Todd Bosley.All voted yes. Motion carried.†† RES#05-245


Virginia Macdonald said they talked to the prosecutor on the phone while in Executive Session.Mrs. Macdonald asked the Board to consider to take no action pending further investigation, meaning two people will go to station #3 to check whatís going on and stated that, at this time, it


Nimishillen Township Board of Trustees



October 27, 2005 (Cont.)




has not been proven that anything that has been done is inferior.She stated other projects have been bid out and at the digression of the architect, if anything needs to be changed, the three (3) trustees sign change orders.The Board agreed to take no action pending further investigation and, if necessary, a special meeting would be called next week.


Meeting with CT Consultants: Virginia Macdonald reported on the meeting with CT Consultants.The project should be completed within ninety (90) days after the Notice to Proceed is signed and CT Consultants will check with Stark County Soil & Water Conservation.


At this time, resident Dawne Friedman, who was not in attendance earlier, asked if she could speak.She asked why the Fairhope Ditch Project is stopping Ĺ way down Victory and not taking it down SR153.Russ Goffus explained itís because itís in Cantonís jurisdiction.He said the county does not have jurisdiction with cities Ė only townships.Mr. Goffus stated he would write a letter to the City of Canton letting them know the township is doing this project and maybe they would then proceed and do their part.The Board agreed to have Russ write the letter and all three trustees would sign it.


Mrs. Friedman also commented on comments by Township Trustee Candidates that were printed in the papers.




Leaves: Kevin wanted to remind residents not to dump leaves in ditches and to use the composting program at the township garage.




ZC/ZBA Alternates: Secretary Sharon Shaub reported she talked to Stark County Prosecutor, Sharon Miller.Mrs. Miller said she sees no problem if members from the Zoning Commission sit as an alternate on the Zoning Board of Appeals and visa-versa.Advertisement would not be necessary.The Board of Trustees would appoint them as alternates.The only problem is if a case would have to go before the other Board, and whoever is serving as an alternate, could not sit on that Board for that hearing.Louise Vance said she would be willing to serve as an alternate for Zoning Commission.The township secretary will call members on the Zoning Commission Board to see who would be willing to serve as an alternate on the Zoning Board of Appeals and the Board of Trustees will appoint them at the November 22nd Trustees Meeting.




Russ Goffus motioned to accept the Minutes of October 13th, as written, seconded by Todd Bosley.All voted yes.Motion carried.†† RES#05-246




Virginia Macdonald excused Clerk Carlene Harmon due to illness.


Transfers per Res#05-005: $1,700.00 was transferred on October 18, 2005 from 10-A-01 Salaries to 10-A-02 Employment Retirement; $542.00 from 01-A-05 Equipment-Administration to 01-A-06 Insurance and $40,000.00 from 01-A-25 Contingency Account to 01-A-12 PERS.


Resolution for policy on prepayment of CDís: Two to three months ago, a township resident had ordered 85 CDís and in spite of several phone calls and invoices, as of this date, he has failed to pick them up and pay for them.Russ Goffus motioned for a policy requesting pre-payment for copies of CDís from Ďpreviousí meetings, seconded by Todd Bosley.All voted yes.Motion carried.†† RES#05-247


Amend township garage note: Russ Goffus motioned to amend the township garage note from annual to semi annual, seconded by Todd Bosley.All voted yes.Motion carried.†† RES#05-248


Longevity pay: The Board agreed to pay Longevity December 15th instead of December 29th.


Transfer $15,000.00: Virginia Macdonald motioned to transfer $15,000.00 from 01-C-01 to 10-A-01 Ė interest for fire department.All voted yes.Motion carried.†† RES#05-249




Russ Goffus motioned to approve all purchase orders, seconded by Virginia Macdonald.All voted yes.Motion carried.†† RES#05-250


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October 27, 2005 (Cont.)






Virginia Macdonald motioned to approve the Financial Report and pay bills in the amount of $127,525.00, seconded by Todd Bosley.All voted yes.Motion carried.†† (Copy attached)



At this time, Russ Goffus apologized to Virginia Macdonald and former trustee, Art Lynch, for a township truck he purchased in 2003.He explained everything was legal but in hindsight he should have notified Virginia and Art that he was the one who bought the truck.




Virginia Macdonald motioned to sign checks and adjourn, seconded by Russ Goffus.All voted yes.Motion carried.†† RES#05-252


The meeting adjourned at 9:40 p.m.





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______________________________††††† ††††††††††††††† †††____________________________________

ATTEST:††† Clerk/Treasurer††††††††††††††††††††††††††††† ††††† Virginia K. Macdonald, Trustee President

††††††††††† ††††† Carlene Harmon





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††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† ††††† Russell L. Goffus, Trustee