Nimishillen Township Board of Trustees


 April 28, 2005


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On Thursday, April 28, 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, Trustee 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)


Sewer Connection Fee:  Russ Goffus motioned to approve the sewer connection permit fee of $1,350.00 for Fire Station #3 seconded by Todd Bosley.  All voted yes.  Motion carried.  Peterson explained the county sewer department declined to waive ½ of the connection fee.  The general contractor already paid the permit fee; therefore, a check should be made payable to Babik.  This will prevent the need for a change order.


Work Session:  Goffus requested a work session with the fire chief and clerk for the purpose of going over numbers for Fire Station #3.  The clerk prepared a Four-Year Cash Flow Projection for the Fire/EMS/Dispatch Funding.  (Copy attached)  Peterson said the expenses would be less than the revenue and explained administration changes, which includes the elimination of District Chief positions, the creation of two Division Chief positions, the elimination of one EMS Coordinator, one Fire Prevention Officer and one Training Officer.  Discussion followed.  The Trustees decided they would call Rich if they had any questions regarding Station #3.


Station #3 Construction Update:  The water lines have been set, hydrants are in, catch basins have been set for drainage and job meetings have been established Mondays at 8a at Station #1.  After next week, the meetings will be held on site in the construction trailer.  Everyone is invited to attend these meetings.  Peterson said the site has been cleaned and they are doing the rough grades.  Everything is moving ahead as planned.


New Ambulance:  If everything goes as planned, the ambulance units should be delivered the week of May 1, 2005. 


Estimate for Upgrading & Relocating Dispatching Equipment ($9,100.00 Payable After Up & Running – Probably July 2005):  Russ Goffus motioned to expend $9,100.00 which is an estimate for upgrading and relocating dispatching equipment for the temporary dispatch center upon approval of donation of product seconded by Todd Bosley.  All voted yes.  Motion carried.  W&W Radio will do the upgrading and relocating of equipment.


Approval of Fire Department Applicants as Candidates:  Peterson explained the applicants have dispatching experience.  Todd Bosley motioned to approve fire department applicants Cheryl Lombardi, Cyle Wright and Barb Prince seconded by Russ Goffus.  All voted yes.  Motion carried.


EMS Non-Resident Billing Rate Adjustments:  Russ Goffus motioned to approve the proposed emergency and non-emergency calls at the rates as listed and that we adopt the new and higher rates seconded by Todd Bosley.  All voted yes.  Motion carried.  (Copy attached)


Fire Department Administration Changes:  Chief Peterson reported there will not be another layer of management for Fire Station #3 and explained the changes.  (Copy attached)  Todd Bosley motioned to approve the consolidation of management positions effective June 1st, 2005, as written, seconded by Russ Goffus.  All voted yes.  Motion carried. 


Free Pancake Breakfast:  The Fire/EMS pancake breakfast will be held at Station #1 (Broadway Road) Sunday May 15th from 8a to noon.


ROAD DEPARTMENT: (Superintendent Kevin Swartz)


Quotes for Allotment Sweeping:  The following five (5) quotes were received:


  • Reilly Sweeping, Inc. @ $80/hr not to exceed $6,300.00
  • The Joseph A. Jeffries Company, Inc. @ $60/hr not to exceed $7,000.00
  • Central-Allied Enterprises, Inc. @ $75/hr not to exceed $7,000.00
  • Buckeye Sweeping @ $74/hr not to exceed $3,950.00
  • Davidson Property Services, Inc. @ $73/hr not to exceed $7,000.00


Awarding of allotment sweeping will be announced later.


Interviewing Road Applicants:  Seven road applicants will be interviewed on Monday May 9th at Fire Station #2 starting at 6:30 p.m. at 10-minute intervals.



Nimishillen Township Board of Trustees



April 28, 2005 (Cont.)




Francesca Ditch Project (Tabled Until May 12th Meeting):  Discussion was held on the Francesca ditch project.  Todd Bosley feels the township should take care of the cost of the gravel, limestone and catch basins because this problem is not the resident’s fault.


Russ Goffus feels the township could supply materials to the residents at our cost.


It was estimated it would cost $100.00 per resident for gravel, $100.00 per resident for limestone and $225.00 for the catch basin.  The average homeowner’s cost at 100’ of frontage would be roughly $1,300.00 to $1,400.00.


Virginia Macdonald said she would like to gather more information before she would agree to pay for it.


Todd Bosley asked if there was anyone in the audience who would like to step to the podium regarding this project.


  • Robert Oyler, Sr. of 5355 Francesca said he feels this is a non-expected burden, which has been put upon the residents and not everyone can afford it.  He said even if he could afford it, he feels he should not have to pay $1,400 for something he didn’t create.  He stated Todd’s idea sounded good but realized it isn’t just his decision. 


Russ Goffus said he understands the burden to residents but said if the township would do this for the people on Francesca, the township would have to do it for all township residents.  Discussion followed.


  • Tracy Palmer of 4795 Leone (corner of Francesca & Leone) commented on open ditches.  He said his ditch is 3-1/2 – 4 feet deep and has seen water up to the road.  He said kids play in the water and said open ditches are out – they are dangerous.


Allotment Sweeping (continued):  Kevin Swartz said he feels the allotment sweeping should be awarded to Jeffries for $60/hr because that’s how it was worded in the letters that went out – to quote a ‘per hour’ charge not to exceed $7,000.00.  The lowest quote per hour was Jeffries.  Discussion was held regarding Buckeye’s quote at $74/hr but not to exceed $3,950.00 vs. the lowest hourly rate, but the lowest hourly rate ($60/hr) could use up the whole capped amount of $7,000.00.


Goffus continued by saying the problem is which one is more reasonable – by the hour or the end result.  He said next year the wordage would have to be changed.


Virginia Macdonald commented on the fact that the township is in litigation with Jeffries; therefore, questioned if the township could award a contract to Jeffries.  She said she would call the litigation attorney (Latchney) and also check with our insurance company.  Bosley suggested it would be a good idea to check with the Stark County Prosecutor’s office regarding the legalities of the wording of the letter.  Mrs. Macdonald said she would check with the litigation attorney first.  The Board agreed to table this until the May 12th Trustees meeting.


Road Report for April 28, 2005:  Kevin read his Road Report adding verbally they were on Plum and Apple Streets today digging out soft spots in preparation for patching.  Russ Goffus motioned to accept the written Road Report for April 28, 2005 seconded by Todd Bosley.  All voted yes.  Motion carried.  (Copy attached)          (Res#05-098)


8:00 PM:  (Excuse Students, Brogan Hearing & Open Road Material Bids)


Excuse Students:  Virginia Macdonald excused the Louisville High School Government Class Students and the elected officials signed their papers.


Brogan Hearing:  Hearing for zone change for Paul D. Brogan: Owner Brogan Family Trust for reclassification of land, a 3.53 acre tract located on the northwest corner of the intersection of Easton Street & Columbus Road, from R-1 Single Family District to I-2 General Industrial.


Virginia Macdonald reported Regional Planning Commission recommended DENIAL and the Nimishillen Township Zoning Commission recommended DENIAL.  At this time, Mrs. Macdonald asked if anyone in attendance wanted to speak for or against this zone change.


·        Ed Moody of 7018 Pilot Knob read his concerns regarding the Brogan hearing and asked the trustees to deny this zone change.  (Copy attached)


  • Joanne Moody of 7018 Pilot Knob asked the trustees to deny this zone change because if it is granted, anything could be put in.  She said it’s become a bigger and bigger mess and feels it is not an asset to the community.  Mrs. Moody stated it is a good business – just in the wrong place.



Nimishillen Township Board of Trustees



April 28, 2005 (Cont.)




  • Ed Pugh of 6331 Easton Street stated it’s the biggest mess he’s ever seen and asked the trustees to deny the request for a zone change.


  • Eugene O. Frank of 7397 Easton Street said he’s been there over 70 years and said the Brogans were against the zone change for Jerry’s Excavating a few years ago.  He said he is not against running a business there but feels the place needs to be cleaned up and to get rid of the trucks or park them in the back of the 3 acres.


Mr. Bosley reported he and Keith met with Regional Planning.  Keith explained the zone change could be adopted as industrial but the business doesn’t fit no matter what it’s zoned.  He stated the Zoning Resolution would have to be rewritten to cover this and said grinding is the problem.  It would have to be done inside a building and both Regional Planning and Prosecutor said this business does not fit.  RPC said the whole corridor could be looked at and could be a B zoning.


Mr. Lasure stated young Mr. Brogan is a very nice man but has been uncooperative in cleaning the property.


Mrs. Macdonald asked everyone to keep in mind the hearing tonight is for a zone change only and not the nature of the business.


Virginia Macdonald motioned to adopt the recommendation of the Nimishillen Township Zoning Commission seconded by Russ Goffus with some discussion stating he agrees with the Board that we do not want to run Mr. Brogan out of business but the site does need to be regulated.  Mr. Goffus continued to say the problem with this area is, yes, there is I-2 zoning but the Board of Trustees, at that time, made an unfounded decision.  He stated they went against both the Boards when they changed the zoning to I-2 and at that time, even Mr. Brogan and neighbors fought that decision.  Goffus said it was a detrimental affect to that neighborhood.  Mr. Goffus referred to Mr. Moody’s statements that when zoning is changed, any type of business could go in and nothing could be done about it.  Goffus said he would rather have it where the Board could conditionally permit a use and feels that would be in the best interest of the Board.


Mr. Bosley said he and Keith did look at that option but there is no conditional use permit available that would fit within the Zoning Resolution.  Mr. Goffus said there would be more options to explore in selling mulch but there is no option for grinding mulch.  Goffus said the Zoning Resolution does have to be addressed and we need to do it properly as other townships have done.


Mr. Bosley questioned if the township extended the use of the land while this all went on.  Mr. Lasure said he’s gone far beyond what he normally does to try to find a way for Mr. Brogan to stay in business and he said its just not there.  More discussion followed.


Mrs. Macdonald said a motion has been made and at this time, Russ Goffus seconded the motion.  All voted yes.  Motion carried.  (Res#05-099)


The zone change for Mr. Brogan was DENIED by the Nimishillen Township Board of Trustees, which concluded the zone change hearing.


Open Sealed Road Material Bids:  The Board of Trustees opened and read aloud the bids.  Kevin will go over the bids and the decision will be made at the next Trustees Meeting on May 12th.  (Bid Tally Sheet Attached)




Zoning Report for April 28, 2005:  Mr. Lasure read his Zoning Report.  Todd Bosley motioned to accept the written Zoning Report for April 28, 2005 seconded by Russ Goffus.  All voted yes.  Motion carried.  (Copy attached)      (Res#05-100)


Virginia Macdonald wanted to know who has the final say on permits when building a new house and determining flood plains, etc.  Mr. Lasure explained it first goes to RPC and after they approve the plot plan (RPC does not physically go out and check the site) it then comes to the Township Zoning Office for a permit.  Keith said he does not have the right to turn it down.  From the Township Zoning Office, it then goes to the Stark County Building Department.  Mr. Bosley said the County should adopt stricter standards as to where a house can or cannot be built.  Discussion followed.





Nimishillen Township Board of Trustees



April 28, 2005 (Cont.)






  • Terri Huckels of 8730 Easton commented on the Francesca area stating everyone knows it’s a flood plain and houses should not have been built there.  She feels the township should not be responsible for any problems caused by flooding and said Russ is absolutely correct about the township not paying for gravel or materials because everyone in the township would be owed the same.  She feels it is up to the homeowners to take care of their own problems and asked what happened to the open ditch policy. 


Mrs. Huckels asked if a date had been set for the audit.  Mrs. Harmon said no date has been set but she would call the Auditor’s Office again.


Mrs. Huckels asked if there was any follow up on the investigations.  Clerk Harmon said she is going to the Sheriff’s Office in the morning and Mrs. Macdonald said she also has go to the Sheriff’s Office tomorrow morning.


  • Ed Moody of 7018 Pilot Knob commented on developers putting in new homes.  He said the Stark County Soil Conservation Service just hired a geologist to work with the developers on erosion and water control.  He stated several years ago, the State started a plan to regulate the flood control and they stopped because they were told if they restrict the flood plains, it’s a ‘taking of the property’ and said they would have to buy that property or pay the devaluation.  The bottom line is developers can build wherever they want and we cannot control it.


  • Judy George of 5974 Noel said she has also been to the Sheriff’s Office to give a statement.  She said she is here tonight for Hughes Storage (formerly Liberty Storage) and commented on the creek cleanup last year, which involved Liberty Storage.  Mrs. George again thanked everyone who helped with the creek cleanup last year.


Mrs. George said the storage company would like to give the township boxes for filing, new locks that will not rust or freeze in the winter and would like to donate a storage unit to the township (either 2 10x10’s or a 10x20) to be used by the township garage, fire department or offices.


Mrs. Macdonald questioned the purpose of the township accepting something and said she doesn’t think the trustees/township could accept gifts or donations but stated it was nice of them to offer.  Mrs. Macdonald gave the locks back to Mrs. George until it can be investigated whether or not the township could accept gifts.


Russ Goffus said, “We are creatures of statute and we have to follow whatever the Ohio Revised Code says on what we can or cannot do.”  Judy said she was presenting this to the Board on behalf of Liberty Storage and that it has nothing to do with her.


Mrs. George also commented on the Francesca project and feels the township should not pay.


  • Linda Shier of 8710 Easton stated this is no reflection on Kevin or the road department, but she doesn’t understand, since the last flood, why there have been so many problems and so many complaints about ditching.


Todd Bosley explained the biggest reason ditches are a problem is because the township has very poor ditches.  He said to forget about the flooding issue – without good ditches, water lies on the roads and destroys them.  This is why ditching is a priority for him.  The township now has a good piece of equipment to do ditching.  Discussion followed.


  • Mark Rumble of 3094 Ravenna commented on road sweeping and said the low bidder obviously thinks he can do the job 50% faster than the lowest hourly bidder.  He said if time would allow, maybe it should be re-bid and feels the bottom line is how much the whole job would cost.  Todd Bosley said this is something that will have to be checked into for legal reasons.


Mr. Rumble also commented on building permits and said the Stark County Building Department has flood maps and said they are the ones who should determine a flood plain.  If houses are built in a flood plain, then they should be high enough so people don’t get water in their homes.  Discussion followed.


  • Terri Fiddelholtz of 2828 Ravenna commented on the transfer company out of NY and said there’s a loophole and there isn’t anything we can do about this company coming into the township.  Discussion followed.  Mrs. Macdonald said they would follow up on this.


Nimishillen Township Board of Trustees



April 28, 2005 (Cont.)




  • Kevin Ellis of 1014 Danielle commented on the Brogan business and said he gets his mulch from him and they are very happy and pleased with the service.  He asked if this means the business will be shut down.  Mr. Lasure explained about the grinding and said he would find out where mulch is allowed to be ground.  Keith said he could still sell mulch – he just can’t grind it at that location.  Discussion followed.


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


Rescind Res.#05-063:  Virginia Macdonald motioned to rescind Res.#05-063 and motioned to proceed and advertise for the 2005 Road Improvement Bids to be published in The Repository on Sunday May 8, 2005 for 14 days but not more than 30 days with sealed bids received by 12:00 noon on May 26, 2005 and opening the bids on May 26, 2005 at 8:00p seconded by Todd Bosley.  All voted yes.  Motion carried.   (Res#05-101)


Ratification of Solid Waste District Plan:  Virginia Macdonald motioned to approve the Solid Waste District Plan for 2005 seconded by Russ Goffus.  All voted yes.  Motion carried. (Copy attached) Res#05-102


OPWC Workshop:  Russ reported the workshop was about Issue 2 money available for doing projects on roads mostly for road drainage or sewer.  We can apply for Issue 2 money to split road jobs, i.e. Osnaburg and Nimishillen Township paving a road.  Todd Bosley said he met with Lynn Carlone at Regional Planning last year and she said all paving projects are gone.  Goffus said that was true and it’s mostly storm drainage and intersection repair.  Discussion followed.


Manhole Adjusting Rings:  Virginia Macdonald had the township secretary type a letter to the Stark County Metropolitan Sewer Department requesting fifteen (15) rings and lids for the Board to sign tonight.  The deadline is April 30th. 


Roush and Jones – 9800 Block Georgetown:  Todd Bosley reported about a severe off road flooding problem in the 9800 Block of Georgetown Road.  He asked Russ and Virginia to look at this problem before the next Trustees meeting.  This was tabled until the May 12th meeting.


Bosley had CT Consultants assess the situation.  Gary Connor said this is by far the worst flooding problem in Nimishillen Township, in fact the whole county.  It will cost approximately $30,000.00 to solve the problem.  The Stark County Commissioners said this is very low on their list unless the township can contribute money towards this project.


Sign for Nimishillen Township Offices:  Todd Bosley said Mrs. Harmon requested a sign for the township offices letting residents know where the zoning and administration offices are located.  The trustees said they would get with Kevin to determine the best place to put a sign – either on the building, on the fence or by the street.  Kevin said he would get prices.  This was tabled until the May 12th meeting.




Discussion was held whether or not the road department could work weekends to clean the composting area during peak seasons (Spring & Fall).  This would free up time for necessary roadwork during normal working hours.  To avoid overtime, Mr. Bosley suggested Gary McLaughlin could clean up the area.  Kevin said he would talk to Gary about it.




Joanne Moody said the newsletter is complete and will be mailed out before May 15th.  Discussion was held to recruit volunteers to help sort and bundle the newsletters.




Quotes for Township Attorney:  Mr. Lasure reported he talked to three attorneys but only has verbal quotes.  The quotes range anywhere from $60/hr to $180/hr.  The Board asked Keith to get written quotes and present them at the next meeting.  This was tabled until the May 12th Trustees meeting.




Todd Bosley motioned to approve the Minutes, as written, for April 14, 2005 seconded by Russ Goffus.  All voted yes.  Motion carried.    (Res#05-103)






Nimishillen Township Board of Trustees



April 28, 2005 (Cont.)






Transfers per Res. #05-005:  One transfer was made on April 19, 2005:  $440.66 from 10-A-01 Salaries to 10-A-03 Workman’s Comp.


Amend Certificate:  Russ Goffus motioned to amend the certificate in the amount of $309,000.00 and in the amount of $3,100.00 for fire/new buildings seconded by Todd Bosley.  All voted yes.  Motion carried. (Copy attached)   (Res#05-104)




Virginia Macdonald motioned to approve the Financial Report and pay bills in the amount of $43,946.53 seconded by Todd Bosley.  All voted yes.  Motion carried.    (Res#05-105)




Russ Goffus motioned to sign checks and adjourn seconded by Virginia Macdonald.  All voted yes.  Motion carried.   (Res#05-106)


The meeting adjourned at 9:53 p.m.






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