Nimishillen Township Board of Trustees

April 14, 2005



On Thursday, April 14, 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, Trustee Russell L. Goffus and Clerk Carlene Harmon.


The meeting opened with the pledge of Allegiance.


FIRE DEPARTMENT: (Chief Rich Peterson)


Chief Peterson was absent from tonightís meeting.He was attending a Fire Department Instruction Conference in Indianapolis, Indiana.


Virginia Macdonald motioned to approve the bank notes and to provide for the issuance and sale of not to exceed $309,000 notes for the purpose of constructing, furnishing, equipping and otherwise improving Fire Station No. 3, including site improvements and all other necessary appurtenances thereto seconded by Russ Goffus.All voted yes.Motion carried.


Todd Bosley motioned to award the general contractor bid for Fire Station No. 3 to R. P. Babik Construction Co., Inc. in the amount of $1,009,800.00, the mechanical contractor bid to Kiko Heating and Air Conditioning, LLC in the amount of $78,669.00, the plumbing contract bid to Fine Mechanical in the amount of $125,000.00 and the electrical contract bid to B & J Electric of Poland, Inc. in the amount of $197,800.00 and also to have R. P. Babik Construction install a seamless floor coating at a cost of $26,900.00 bringing the total amount of this project to $1,595,920.00 seconded by Russ Goffus.All voted yes.Motion carried.(Copy attached)


Todd Bosley announced the fire department would hold a ground breaking ceremony for Fire Station No. 3 on Sunday, April 17th at 5 p.m. at the east end of the Molly Stark property.Everyone is encouraged to attend.


Todd Bosley acknowledged the firefighters at Station No. 2 who volunteered their personal time to mulch the flowerbeds and extended a thank you to all.


ROAD DEPARTMENT: (Superintendent Kevin Swartz)


Mr. Swartz requested a work session to discuss road issues.The work session will be held Tuesday, April 26th at 4 p.m. at the township road department.


The trustees agreed it would not be necessary to send the road material bids to the prosecutor.


Kevin read his road report.Virginia Macdonald motioned to accept the written Road Report for April 14, 2005 seconded by Todd Bosley.All voted yes.Motion carried. (Copy attached)




Todd Bosley asked Keith to explain the steps necessary to bring zoning cases before a judge.Mr. Bosley stated there are at least 14 cases on the table waiting until the prosecutorís office can get to them.Mr. Lasure reported the following steps necessary to bring cases before a judge:


  • Receive complaint from a resident, the Board or something he finds in the field
  • Verbal contact is attempted
  • If no verbal contact is made, a letter is sent giving so many days to respond
  • If no response to the letter, a letter is then sent to the prosecutor to request a legal opinion
  • The prosecutor then responds by letter stating the proper action needed
  • After that, we get in line and wait for a prosecutor to take it in front of a judge


Mr. Lasure said in the past three weeks, we got lucky.The prosecutorís office responded on three cases with two residents who responded and the other one will end up in court.Mr. Lasure explained that any case he sends to the prosecutorís office takes six months to a year before it ever gets to court.


Mr. Lasure said we are waiting our turn regarding the business on Route 44 and said the house on Willow St. with the black mold problem could take up to three years before it goes in front of a judge.


Mr. Lasure said if the township would have an outside attorney pursue a case, the Stark County Prosecutorís Office would not touch it.Mr. Bosley said if the township cases continue to mount and again explained it is not the prosecutorís fault stating the County Commissioners have not given them enough money to operate, that they, as a Board, might have to look at hiring an attorney who specializes in zoning and could go after some of the pending cases.



Nimishillen Township Board of Trustees



April 14, 2005 (Cont.



The Board agreed to have Keith get quotes from attorneys who specialize in zoning and discuss it at the next meeting on April 28th.


Russ Goffus motioned to accept the March 2005 Zoning Report for the Stark County Auditor seconded by Virginia Macdonald.All voted yes.Motion carried. (Copy attached)


Keith read his zoning report.Virginia Macdonald motioned to accept the written Zoning Report for April 14, 2005 seconded by Todd Bosley.All voted yes.Motion carried.(Copy attached)




One resident requested to be put on the agenda prior to tonightís meeting:


1.      Mr. Pat Welden of 5610 Ault stated he would like the turnaround which is now gravel to be paved when they pave Ault Road.Mr. Bosley said it is a paper road and the turnaround is in the road right of way.Kevin had a map of the area and discussion was held while looking at the map.Russ Goffus said he would write a letter to the prosecutor for a legal opinion and Kevin said he would get a price.This was tabled until the April 28th meeting or until we get the opinion back from the prosecutor.


Other residents in the audience to speak were:


2.      Mark Rumble of 3094 Ravenna stated he has been involved with the Citizens Group for the last several years regarding the landfill issue.He stated he received a call today regarding an application for a C & D Permit (construction & demolition) for the Broadway Road location, which has been sitting at the Health Department for three weeks, which would include bulk transfer of waste. He said if the containers were sealed, we would have no way of knowing what is inside the containers. (Letter attached)


Ohioís tipping fees are much lower compared to other states and Ohio is 4th in the country for accepting trash.He stated the real core issue is the landfill.With this being such an important issue, much discussion followed.


3.      Terri Huckels of 8730 Easton asked for an explanation of sealed containers.Mr. Bosley said it means the containers are sealed so they wonít leak and we have no way of knowing that is inside these sealed containers.


4.      Terri Fiddelholtz of 2828 Ravenna commented that she goes down Broadway a lot and is concerned about the railroad cars that have been sitting on the tracks for days.Ms. Fiddelholtz wanted to know how we could stop this.Mr. Bosley said we would all need to find out more information.Virginia Macdonald said information could be obtained several ways, one being from the Stark County Health Department.Discussion followed.


Since it was now 8:05 p.m., Virginia Macdonald excused the Louisville High School Government Students and the elected officials signed their papers.Concerns of Citizens continued.


5.      Linda Shier of 8710 Easton asked where the proposed site is located.Virginia Macdonald said itís the old Macomber Plant on Broadway by the railroad tracks.Mrs. Shier also commented on the gentleman who is concerned about the fumes from the buses at the bus garage.She said she does not understand what the trustees are supposed to do about it and said he should be more concerned about the black mold at the house across the street from him.




Virginia Macdonald motioned to go into Executive Session at 8:12 p.m. to discuss Keith Lasureís annual review seconded by Todd Bosley.All voted yes.Motion carried.


Virginia Macdonald motioned to come out of Executive Session at 8:30 p.m. seconded by Todd Bosley.All voted yes.Motion carried.


Virginia Macdonald recommended giving Keith Lasure a 3% raise to be effective next pay period which starts now seconded by Russ Goffus.All voted yes.Motion carried.




Todd Bosley stated he and Kevin looked at the ditching on Eastlawn and Northlawn.They both feel the east side of Northlawn should be done and some pipes replaced.Mr. Bosley stated his


Nimishillen Township Board of Trustees



April 14, 2005 (Cont.



concern is the ditch that goes between Eastlawn and Northlawn.Mr. Goffus feels it should be opened enough for proper drainage and then it would be up to the contractor to ensure proper drainage for the new homes being put in.Mr. Bosley said Kevin would put this on the work schedule and they will talk about it at the work session on April 26th.


Mr. Bosley commented on the letter to the editor Mr. Moran sent to the Louisville Herald saying if the township is going to put down roads, the ditches have to kept open.(Article attached) Discussion followed.


Todd Bosley reported the Fairhope Ditch Project has been approved and said three of the seventeen projects are in our township.These are the Fairhope Ditch, the Eastview Street storm sewer repair and a storm sewer repair on Georgetown Road.


Todd Bosley said he had a call from a resident who would like sidewalks to be allowed in Phase 3 in Sunscape Allotment.Virginia Macdonald said she would like to check into it further.Keith said he would look in other township Zoning Resolutions regarding their policies on sidewalks.Todd Bosley said he talked to Joe Underwood and suggested Russ and Virginia do the same.Mr. Bosley said he didnít think the township should be held liable but feels the township should not hold back residents wanting to put in sidewalks.Russ said the ORC states we cannot stop residents from putting in sidewalks.More discussion continued.The Board agreed the township should have a uniform sidewalk code and decided to table this indefinitely to be put under Ďold businessí at a later date.


Todd Bosley reported Nancy Blind of 5251 Hahn would like the township to assist her in closing the ditch in front of her house.Virginia Macdonald feels it should be left a ditch.Russ Goffus said we canít stop her but it would have to be done correctly.Mr. Bosley said he would let Mrs. Blind know.




Virginia Macdonald reported on disposing of old appliances.Residents would be able to dispose of their kitchen appliances in an environmentally safe way by contacting their rubbish hauler to see if they are participating in curbside pickup at a minimal cost.This program is sponsored by the Stark-Tuscarawas-Wayne Joint Solid Waste Management District and will run from April 25th to April 29th.If residents do not have curbside pick up, appliances can be dropped off at PSC Metals, formerly the Luntz Corporation, Plant 62, located at 3101 Varley Ave. SW, Canton.The items included are:refrigerators, air conditioners, freezers, dehumidifiers, washers and dryers, sinks, bathtubs, hot water tanks, dishwashers, furnaces, incinerators, garbage disposals, etc.The following are not accepted:TVís, gas tanks, tires, batteries, paint, aerosol cans, 55 gallon drums and pressurized cylinders.Homeowners must remove doors from the appliances before placing them at the curb.The district will provide removal of the refrigerant at the collection site.If anyone would have any questions, call 1-800-678-9839.


Composting:Russ Goffus reported on the enormous amount of debris that came in over the weekend.Mr. Goffus stated it took nine semi trailers to haul the debris taking Ĺ hour to 45 minutes to load each semi.The Board agreed for Goffus to write another letter to Mr. David Held asking for funds to help with this program.




Joanne Moody reported the newsletter would be sent to township residents the first part of May.Extra copies will be given to the township office for residents who do not receive a copy.Mrs. Macdonald said she would go to the post office and talk to the Postmaster to find out the best way to make sure all township residents receive the newsletter.




Secretary, Sharon Shaub, asked the trustees what date would be good for them to meet with RPC to discuss possible revisions to the Nimishillen Township Zoning Resolution.The Board agreed to meet Monday, May 9th at 4 p.m. at Station No. 2.Sharon said she would notify Reva at RPC.




Russ Goffus motioned to approve the Minutes from March 24th, March 29th and April 7th, as written, seconded by Todd Bosley.All voted yes.Motion carried.




Todd Bosley motioned to renew the insurance coverage with the Leonard Insurance Agency in the amount of $42, 268.00 seconded by Russ Goffus.All voted yes.Motion carried.This will cover personnel, buildings and equipment.


Nimishillen Township Board of Trustees



April 14, 2005 (Cont.




Russ Goffus reported on the tax incentive for the Enterprise Zone for Biery Cheese and stated they have hired several people above and beyond expectations and have been very cooperative.


Several transfers were made per Resolution #05-005.(Copy attached)




Russ Goffus motioned to approve the Financial Report and pay bills in the amount of $12,609.83 seconded by Todd Bosley.All voted yes.Motion carried.




Virginia Macdonald motioned to sign checks and adjourn seconded by Russ Goffus.All voted yes.Motion carried.


Meeting adjourned at 9:05 p.m.






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