Nimishillen Township Board of Trustees



July 14, 2005



Text Box:  



On Thursday, July 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.


GUEST SPEAKERS:  Shanda Yaeger, Stark County Auditor’s Office, GIS Coordinator and Mike Stevens – Presentation on update to GIS System in Stark County:


Mr. Stevens explained Stark County Auditor, Kim Perez, would like to see the GIS Program continue and has added new staff such as mappers and people to go on the road to speak about it.  The Auditor’s Office has invested over two million dollars in the GIS Program, which has been in operation since 1999-2000.  At this time, Mr. Stevens introduced Shanda Yaeger who is the GIS Director.


Ms. Yaeger explained GIS is computer mapping.  For Nimishillen Township, this program would help the Zoning Department, Fire Department and Road Department.  The Auditor’s Office purchased the software and it is a ‘free’ viewer for everyone’s use.


Ms. Yaeger explained that, in the future, they would use software called ‘Pictometry’.  At this time, they use aerial photography where a plane flies across Stark County and takes black and white snapshots straight down.  Pictomerty will replace that imagery in color and the plane will fly at an angle so you can see sides of buildings and other structures.  Some people are concerned about privacy. She said you cannot read license plates and you cannot see anyone’s face.  Anything that can be obtained on the Auditor’s Website will be available on the GIS Program, which is public record.  She explained the system would basically be used for pre-planning.


Russ Goffus asked about accuracy.  Ms. Yaeger said they use a 6” resolution.  Discussion followed.


Mr. Goffus asked how often the system would be updated.  Ms. Yaeger said it was last updated in 2003 and said they are now pursuing a contract with the State of Ohio on a project called LBRS (Location Base Response System), which would collect all road centerlines and addresses in Stark County.  She said they already have that information and they are now seeking out funding issues.  It is the hope to combine all databases into one within the next five (5) years.  More discussion followed.


FIRE DEPARTMENT: (Chief Rich Peterson)


Communications Center Update:  Chief Peterson reported the Communications Center is up and running and has been for about two weeks and said everything is going well.


Peterson reported there is another Dispatching Service Contract from Canton Township at $4,421.03/month and requested the Trustees to pass a Resolution to enter into this contract.  Russ Goffus said so moved as stated, seconded by Todd Bosley.  All voted yes.  Motion carried.        (Res.#05-158)


Station No. 3/New Communications Center Construction Update:  Peterson reported everything is moving along as planned.  All power services are in, the pad for the transformer is in and today he met with SBC and finalized all necessary connections.  Further discussion followed.


Request to Increase Insurance Benefit Package by One Position:  Russ Goffus motioned to increase insurance benefit positions by one for the Fire Department, seconded by Todd Bosley.  All voted yes.  Motion carried.       (Res. #05-159)


ROAD DEPARTMENT: (Superintendent Kevin Swartz)


Chip & Seal:  Superintendent Swartz reported the Chip & Seal Program would begin approximately July 20th and go though August 15th.  He said paving should also be finished by this date.  Swartz reported Chief Peterson said it was okay for the Road Department to use the parking lot at Station No. 2 to stockpile stone, which would allow a shorter haul to the oil truck.


Additional Streets to be Paved:  Swartz received a quote from Central-Allied for $12,410.00 to pave Wisner Avenue, Blendwood Avenue and the Ault Avenue turnaround.  Russ Goffus motioned to pave Wisner, Blendwood and the Ault turnaround in the amount of $12,410.00, seconded by Virginia Macdonald.  All voted yes.  Motion carried.      (Res. #05-160)




Nimishillen Township Board of Trustees



July 14, 2005, (Cont.)




Road Report for July 14, 2005:  Superintendent Swartz read his written Road Report for July 14, 2005.  Virginia Macdonald motioned to accept the Road Report for July 14, 2005, as written, seconded by Todd Bosley.  All voted yes.  Motion carried.  (Copy attached)     (Res. #05-161)


ZONING DEPARTMENT: (Keith Lasure) - Absent


Virginia Macdonald excused Zoning Inspector, Keith Lasure, from tonight’s meeting.




One resident requested to be put on the agenda prior to tonight’s meeting:


  1. Lisa Shafer of 6590 Winter Street – Talked about the Fairhope Ditch Project.  Mrs. Shafer read a letter from Robert Graham, P.E. Project Manager, from CT Consultants regarding the Fairhope Ditch Cleaning Project in Nimishillen Township.  Part of the letter stated “……..and the successful contractor would likely receive their Notice to Proceed from the Board by the end of August.  The contract completion date will be November 30, 2005”.  (Copy attached)


Other residents in the audience to speak:


  1. Dawn Friedman of 5362 Francesca – Asked about the Storm Sewer Project on Francesca Street.  Mrs. Friedman turned in a petition from her neighbors with eighteen (18) signatures stating they want the storm sewer system put in rather than a 4’ open ditch.  Discussion followed.


  1. Judy George of 5874 Noel – Thanked Mr. Bosley and Mr. Swartz for their quick response today regarding opening up a ditch on Noel stating the ditch should be open within two weeks.  She also spoke about her concern on the project the State is doing on SR 62, which will put more water on Francesca.


  1. Dennis Brown of 4174 Homeland – Concerned about the noise during the night coming from a concrete block business (Schory Cement Products) located on Louisville Street in the Jeffries Industrial Park.  He is also concerned about the slimy sludge and oily film in the Fairhope Ditch located at Jeffries Circle and Victory.  Mr. Bosley asked the township secretary to have Zoning Inspector, Keith Lasure, take a look at this and call the Health Department as well and to also investigate the noise level at Schory’s.  The Trustees will also do some investigating on this. 


  1. Terri Huckels of 8730 Easton Street – Commented on flooding in Nimishillen Township not being unique, Todd Bosley promising to get grants, an article in Mr. Thrifty regarding comments that were quoted and the Railroad Transfer Station.  Discussion was also held on the Open Ditch Policy stating the township should not pay to install storm sewers.  President Macdonald had to call for order several times when residents from the audience exchanged angry comments.


  1. Dave Wiley of 4703 Leone Street – Questioned Russ Goffus and Virginia Macdonald about their premise regarding opening up ditches in the township.  Discussion followed.  Some of Mr. Wiley’s concerns about open ditches:  safety hazard, health hazard, won’t stop flooding, property would be devalued and then asked if the Trustees would want 4’ ditches dug in front of their houses.


Mr. Wiley went back to his first question regarding the premise of opening up ditches.  Mrs. Macdonald told him no ditches would be dug.


  1. Linda Shier of 8710 Easton Street – Had a couple issues with Todd Bosley stating there seems to be a lot of hostility in the township over the Winter Street and Francesca Street projects and said it is her feeling that Mr. Bosley promised the residents the township would pay for these projects before consulting with the other two trustees.  Mr. Bosley said she was wrong and denied doing any such thing.  Heated discussion followed between residents in the audience and Mrs. Shire.  Once again, President Macdonald had to call for order.


  1. Donna Fuller of 5857 Rosedale Street – Thanked Todd Bosley for his dedication to the township and said he was a ‘star’.  She also said Rich Peterson was a star for working so hard to get the 911 System up and running and Carlene Harmon for working so hard to get pipe through.




Nimishillen Township Board of Trustees



July 14, 2005, (Cont.)






Discussion and explanation of the 2006 Proposed Budget was held.  Virginia Macdonald motioned to accept the Proposed 2006 Budget, seconded by Todd Bosley.  All voted yes.  Motion carried.      (Res. #05-162)


At this time, Concerns of Citizens continued:


  1. Mark Rumble of 3094 Ravenna Avenue – Commented it’s nice to see everyone come to the meetings and get involved in conversations but is disappointed that it gets so ‘personal’ and hopes everyone can work together on their concerns.




Resolution to enter into a Co-op Purchasing Agreement with Stark County Engineers:  Russ Goffus motioned to enter into a Co-Op Purchasing Agreement with Stark County Engineers for the purchase of rock salt for 2005-06 Winter – dumped at $33.70/ton – same price as the 2004-05 season, seconded by Virginia Macdonald.  All voted yes.  Motion carried.    (Res. #05-163)


Sunscape – Sidewalk Handicap Ramps (Phase 2):  Todd Bosley said he received a call from a resident who is unhappy with the quality of the ramps and wanted to know if the township would replace them.  Mr. Goffus wants to take a look at them and Mrs. Macdonald said Regional Planning Commission released the bond and suggested talking to Joe Underwood at RPC.  This was tabled until further research could be done.


Resolution to Accept Ballot Language for the Road Levy:  Russ Goffus motioned to accept the renewal ballot, as written by Attorney Dick Kuhn, for the November election, seconded by Todd Bosley.  All voted yes.  Motion carried.  (Copy attached)        (Res. #05-164)


Update on Waterline:  Virginia Macdonald spoke to City of Louisville Manager, Tom Ault, about three weeks ago and said there isn’t any big hurry to install the waterline.  Mrs. Macdonald also checked with the Stark County Engineer’s Office and Plain Township to see how they handled it when a city came in and wanted to use their right of way.  Mrs. Macdonald reported Louisville could use the right of way but all liability would rest with the city, i.e. the city would be responsible for all the expenses incurred even if the township would widen the road.  This would have to be put in writing.  Mrs. Macdonald stated Norfolk & Southern has not yet given the permit to go under the railroad track.


Resolution to Accept Legal Council Representation Regarding Annexation:  Virginia Macdonald motioned objecting to petition to annex 359.3574 acres, more or less, from Nimishillen Township, Plain Township and Canton Township and the Board of Trustees met in regular session today with the following members present, whereas the Nimishillen Township Board of Trustees is the chief legislative body of the Township…  (Resolution attached) …


At this time, Todd Bosley introduced a letter advising that the City of Canton will be withdrawing their annexation petition known as the Groffre/Broadway Annexation Area.  (Copy attached)  Mr. Bosley recommended the Board immediately participate in discussions with the property owners and asked that this Board try to settle the lawsuit with Groffre.  Bosley said the annexation and lawsuit are hand-in-hand.  Mr. Goffus said the letter states they ‘will’… – nothing is for sure.  Discussion followed between the Trustees.


Virginia Macdonald reminded the Board that she has a motion on the floor that the township will continue to work with Plain Township and hire Attorney Eric Williams to represent us at $60.00 per hour to discuss this annexation because the township needs legal council.  This prompted discussion between Todd Bosley and Virginia Macdonald.


After much discussion, Russ Goffus reminded everyone a motion was put on the floor, which he seconded.  Voting went as follows:  Virginia Macdonald – Yes, Russ Goffus – Yes and Todd Bosley – No.  Motion carried.      (Res. #05-165)


Eastview Drainage Ditch:  Virginia Macdonald reported the contract was entered into the 30th day of June.  The County will be the contracting agent for the project and will receive quotes from various contractors.  Nimishillen Township agreed to pay $7,700.00.


Dialog Between the City of Louisville, Nimishillen Township and Dennis Biery:  Russ Goffus reported he and Clerk Carlene Harmon met with Tom Ault, Dave Thorley and Dennis Biery.  Peggy Howland was also in attendance and took notes of the meeting.  Goffus reported the meeting was very productive.  They agreed it would be good to have a facilitator run the meeting



Nimishillen Township Board of Trustees



July 14, 2005, (Cont.)




when it is set.  The purpose of the meeting will be to set dialog for CEDA (Community Economic Development Agreement) and JEDD (Joint Economic Development District) Agreements. 


Goffus said they are trying to find neutral grounds to meet.  Some suggestions were schools and churches.  Mrs. Harmon said it was mentioned the meeting should not be in the township or the city and suggested using Plain Township’s meeting hall.  A resident in the audience suggested using the Foltz Community Center in Alliance.  Mr. Goffus thanked everyone for their input and said he would check into it.


Executive Session – Personnel – To Discuss Compensation and Dismissal:  The Board agreed to go into Executive Session at the end of tonight’s meeting.




Catch Basins and Ditch Work at the Corner of Sunnyside Avenue and Mary Street:  Kevin Swartz said he would talk with Keith Lasure to see if the business at this location would be moving, which would determine the need for a catch basin.  This was tabled until the next meeting.


Discussion on Winter Street and Francesca Street Ditch Projects:


  • Winter Street:  Virginia Macdonald motioned we apply for funds for the Winter Street project through OPWC, seconded by Russ Goffus.  All voted yes.  Motion carried.  Macdonald said the paperwork should be sent to Regional Planning due no later than noon on September 16th.  Mrs. Macdonald reported $6,171,000.00 is available through OPWC/CDBG.         (Res. #05-166)
  • Francesca Street:  Virginia Macdonald explained some misconceptions on the drainage issue in the township.  She said there are several ditch complaints and in going back through her records, she found every time pipe is put in, residents paid for the pipe.  Mrs. Macdonald said her recommendation is not to open any ditches on Francesca.  The drainage problem can be corrected by residents (if they so wish) by hiring someone to put the pipe in which would be at their own expense.  She stated she does have several things to back this up.


Mrs. Macdonald motioned to leave the ditches closed on Francesca with Goffus amending it that this is per the Township’s Policies and Procedures as set by the Board of Nimishillen Township Trustees, seconded by Russ Goffus.  The voting went as follows:  Virginia Macdonald – Yes, Russ Goffus – Yes and Todd Bosley – Absolutely not – no.  Motion carried.        (Res. #05-167)


Driveway Culvert – Dave Murphy – Apple Street:  Russ Goffus said the township already has a policy in place that we do not replace driveway culverts.  Todd Bosley said he would let Mr. Murphy know.




Russ Goffus motioned to approve the Minutes of June 23rd and June 30th, 2005, as written, seconded by Virginia Macdonald.  All voted yes.  Motion carried.    (Res. #05-168)




Transfers per Res. #05-005:  Transfers were made on June 29th and July 12th, 2005.  (See attached)


Audit anticipated for September 2005:  Carlene Harmon reported the audit is anticipated for September 2005.  Mike Ifantiedes will be doing the audit.


PERS Compensation for William Ehlers:  Clerk, Carlene Harmon, reported Mr. Ehlers was a Trustee from January through May 1974, and the township neglected to pay for his retirement.  Clerk Harmon asked the Board for a Resolution to pick up his cost for a total of $396.59 of which $328.89 is interest.  Mrs. Harmon said the Resolution must be stated that the Board determined to purchase service credit pursuant to Ohio Revised Code for William Ehlers – Russ Goffus said so moved as sated, seconded by Todd Bosley.  All voted yes.  Motion carried.  (See attached)     (Res. #05-169)


Resolution to Certify to the County Auditor the Semi-Annual Lighting District Tax Assessment:  Virginia Macdonald motioned to certify the County Auditor Annual Lighting District Tax Assessment, seconded by Todd Bosley.  All voted yes.  Motion carried.  (Copy attached)

(Res. #05-170)





Nimishillen Township Board of Trustees



July 14, 2005, (Cont.)




  • Joanne Moody of 7018 Pilot Knob asked if she could make a comment.  Mrs. Moody stated someone from the North Canton EMS said Nimishillen Township had the best EMT Paramedic Squad around.  The audience gave a round of applause to this statement.




Virginia Macdonald motioned to go into Executive Session at 9:05 p.m. regarding personnel for the purpose of discussing compensation and dismissal, seconded by Todd Bosley.  All voted yes.  Motion carried.      (Res. #05-171)


Virginia Macdonald motioned to come out of Executive Session at 9:24 p.m., seconded by Russ Goffus.  All voted yes.  Motion carried.     (Res. #05-172)


Russ Goffus motioned to dismiss road crew member, Robert King, from his part time duties due to not working up to township standards under his probationary period, seconded by Virginia Macdonald.  All voted yes.  Motion carried.      (Res. #05-173)


Due to the extra added zoning duties and other various duties, Russ Goffus motioned to increase Sharon Shaub’s salary by $110.00 per month retroactive to June 13, 2005, seconded by Todd Bosley.  All voted yes.  Motion carried.     (Res. #05-174)




Russ Goffus motioned to approve the Financial Report and pay bills in the amount of $64,877.20, seconded by Todd Bosley.  All voted yes.  Motion carried.       (Res. #05-175)



Virginia Macdonald motioned to sign checks and adjourn, seconded by Russ Goffus.  All voted yes.  Motion carried.            (Res. #05-176)


The meeting adjourned at approximately 10:00 p.m.







Text Box:  


Text Box:  


______________________________                         __________________________________








                                                                               TODD D. BOSLEY, VICE PRESIDENT






                                                                              RUSSELL L. GOFFUS, TRUSTEE