Nimishillen Township Board of Trustees

June 23, 2005




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On Thursday, June 23, 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.




Dennis Biery of Biery Cheese, 6544 Paris Avenue NE, Louisville, Ohio stepped to the podium and spoke on the short and long range of economic development.  He talked about their Enterprise Zone, which the Trustees did allow.  He explained the Enterprise Zone allows companies to get State aid, i.e. jobs creation package and to apply and work with the township, schools and county to get tax abatement.  Because of this, it allowed them to expand their plant.


Mr. Biery handed out a packet of information and spoke on each topic.  The attached copy spells it out.  (See attached)


Mr. Biery asked the Nimishillen Township Board of Trustees to commit their cooperation of working together to make a plan work and asked Mr. Tom Ault, Manager, City of Louisville, who was also in attendance, to do the same.


At the end of his presentation, Mr. Biery received a round of applause. 


At this time, President Virginia Macdonald asked Mr. Tom Ault, City of Louisville Manager, if he would like to step to the podium.  Mr. Ault said he was not authorized by Council to comment on this topic tonight and said they will be discussing these issues on Wednesday in a work session.


Mr. Ault stated he is very confident that it is the City’s interest and Council’s intention to come to the table with the Township Trustees to address these issues.  He recommended setting a series of two meetings.  The first meeting would include one council member, the township clerk, one township trustee and himself for the purpose of setting an agenda for a follow up work session with all the Trustees and City Council to begin talking about the issues.


Mr. Ault said after their work session Wednesday, he would contact the township office with several tentative dates and go from there and set an agenda for topics of discussion.  Because these are the beginnings of what he hopes is a long-term relationship (hopefully different than what it’s been in the past) Mr. Ault suggested some ground rules be set for the initial meetings not to include public comment so Council and Trustees could talk about issues in a straight forward manner.


The Trustees agreed this is a good idea and the Board felt this should be done as soon as possible.  Russ Goffus said he would be more than happy to sit on the first committee meeting.


Mr. Ault suggested the first work session be held some place other than the township hall or council chambers.  Mr. Ault said he would contact the schools or churches to find a neutral ground.


Todd Bosley said the Board is agreeable and feels this could produce good results.  Discussion followed.


At this time, a resident in the audience had a question.


  • Terri Fidelholtz of 2828 Ravenna stepped to the podium.  Ms. Fidelholtz asked Mr. Biery if he were offered some of the 300 acres, would he be willing to stay in Nimishillen Township?  Mr. Biery said he plans on staying in Nimishillen Township and said he just gave an example of ‘what’s available out in the market place’.  Ms. Fidelholtz said there had been rumors that he had outgrown the business and planned on moving out of Louisville or Nim. Twp. 


Mr. Biery said a year ago, they did run out of room but added 30,000 sq. ft., four new production lines and started running three shifts a day and said they are not planning on moving out in the near future.


FIRE DEPARTMENT: (Chief Rich Peterson)


Approve Dispatching Contracts:  Hartville Fire Dept. @ $1,812.83/mo; Greentown Fire Dept. @ $1,812,83/mo; Marlboro Fire Dept. @ $1,584.46/mo and Perry Twp. Fire Dept. @ $4,421.03/mo.



Nimishillen Township Board of Trustees



June 23, 2005 (Cont.)




Virginia Macdonald motioned to approve the dispatching contracts, seconded by Todd Bosley.  All voted yes.  Motion carried.  (Res. #05-142)


Chief Peterson reported this project is moving along as scheduled and the cutover date is Wednesday, June 29th, 2005.


Station No. 3 Construction Update – Change Order Credit of $6,412.10 and AEP Contract for Transformer & Underground Service:


Russ Goffus motioned to approve the change order credit for $6,412.10 for a construction error, seconded by Todd Bosley.  All voted yes.  Motion carried.  (Res. #05-143)


Mr. Goffus motioned to enter into a contract with AEP for transformer and underground service for $9,825.72, seconded by Todd Bosley.  All voted yes.  Motion carried. (Res. #05-144)


Tobacco Use Policy for all Fire Department Facilities:  With the approval of all Fire Department personnel, Chief Peterson asked the township to adopt a policy for all fire station facilities to have a ‘Zero Tolerance Tobacco Use Policy’, which would include inside buildings and outside to include all tobacco products such as pipe, chew and cigarettes.  This also includes the township meeting hall.  Peterson said no area outside would be designated as a smoking area because he wants zero tolerance on tobacco use.  Peterson explained the only reason the parking lots are banned is because it becomes a litter issue with butts ending up in the flowerbeds and on the concrete. 


Russ Goffus motioned to adopt a Zero Tolerance Tobacco Use Policy for all Nimishillen Township Fire Departments and premises effective July 1, 2005, seconded by Todd Bosley.  All voted yes.  Motion carried. (Res. #05-145)


Seniors Health Fair: The Seniors Health Fair will be held Saturday, August 27th, 2005 at Station No. 1 from 10a to 3p.  Peterson said he would get flyers out soon.  He explained this is a wellness program and there will also be a lot of different community activities.  He said there are a lot of different agencies participating.  Everyone is welcome but it’s geared towards seniors.


ROAD DEPARTMENT: (Superintendent Kevin Swartz)


Paving of Blendwood and Wisner:  The Board approved the Township Road Dept. to pave Blendwood and Wisner (about 600’ long) for a total cost of $6,000.00 (for both) to be done the end of August or September 2005.


Catch Basin at 5744 Grenshaw:  Kevin reported this is a homemade catch basin and not full size.  There’s no grate on top.  The Board approved the Township Road Department to rebuild this catch basin towards fall 2005.


Uniforms for Road Department:  Discussion was held on uniforms for the road department.  Secretary, Sharon Shaub, will call different uniform companies.  This was tabled until the next meeting on July 14th or until after receiving quotes to buy or rent shirts or pants or shirts & pants


4915 Sunnyside & Mary Street:  Kevin reported a catch basin and ditch work needs to be done at the corner of Sunnyside & Mary St.  The Trustees said they would check it out.  This was tabled until the next meeting on July 14th.


Repair Catch Basin on Violand Avenue:  Russ Goffus reported he checked with the Prosecutor and they said the township could go ahead and repair this catch basin since it’s in the township’s road right of way.


Written Road Report for June 23, 2005:  Superintendent Swartz read his written Road Report for June 23, 2005.  Virginia Macdonald motioned to accept the Road Report for June 23, 2005, as written, seconded by Russ Goffus.  All voted yes.  Motion carried. (Res. #05-146)




Written Zoning Report for June 23, 2005:  Zoning Inspector Lasure read his written Zoning Report for June 23, 2005.  Virginia Macdonald motioned to accept the Zoning Report for June 23, 2005, as written, seconded by Russ Goffus.  All voted yes.  Motion carried. (Res. #05-147)








Nimishillen Township Board of Trustees



June 23, 2005 (Cont.)





  • Lisa Shafer of 6590 Winter Street – Mrs. Shafer expressed her concerns on the open ditch policy and read a letter from the Stark County Engineers. (Copy attached)  Virginia Macdonald said the Stark County Engineer’s Office sent a set of plans to all three trustees at their homes and asked Mrs. Shafer if Gary Connor sent her a copy of the letter.  Mrs. Shafer said it’s public record and she asked for a copy.  Discussion followed.


Todd Bosley asked Kevin Swartz when he received the plans for Winter Street.  Mr. Swartz said he received them about three weeks ago.  Mr. Bosley said he saw the plans for Winter Street three weeks ago.  Virginia Macdonald held up her set of plans showing that they were just mailed.  Discussion followed.


  • Terri Huckels of 8730 Easton – Mrs. Huckels spoke on the open ditch policy and stated this policy is not a new policy saying it has been mandated by the State of Ohio under the Ohio Revised Code.  Mrs. Huckels feels the township does not owe any township resident the cost of culvert pipe or the cost to install it.  She commented that Russ Goffus and Virginia Macdonald have done a lot of good for this township.


  • Bill Blackmer of 3505 Maplegrove spoke about the drainage ditch at the back of his house – needs a catch basin – wants drain dredged.  Kevin Swartz said it’s all off-road.  Russ Goffus said we could open it if it’s 40 feet off-road.  Kevin said he would get with Mr. Blackmer stating it would be sometime in the fall before anything could be done.


Again, Mr. Blackmer asked about a speed study for Maplegrove.  He was told it would be

put on the list.


  • Judy George of 5874 Noel – Spoke about Noel Street stating the road crew brought two loads of clumpy dirt but it was ok after it was tilled.  She brought pictures to show the Board.  (See attached)  She said she is filling in low spots in her yard and it’s not flooding anyone anymore and it’s not a hazard.  She thanked the road crew for the fine job they have done.


  • Dawne Friedman of 5362 Francesca – Spoke about the open ditch project and felt residents should have been made aware of this policy a long time ago.  (See attached policy)


  • Mr. Carman Ceruole of 4796 Leone – Spoke on the Francesca Ditch Project and said all three trustees told them the ditches would be closed in.  He stated deep ditches are dangerous.


At this time, Todd Bosley said according to the Stark County Engineers, Winter Street absolutely has to be closed in.  He said this is not an option.  He explained there are two separate situations.


Bosley continued by saying when Francesca Street was originally drawn up, it was drawn up as an open ditch.  Mr. Bosley said his concern with an open ditch on Francesca is that the Fairhope Ditch is not very far away.  Bosley said you have to look at the whole picture and said the Francesca Allotment should have had curb and gutter.  Mr. Bosley said it is not his opinion to put in an open ditch and believes that it should be closed.


Mr. Bosley validated Russ Goffus’ and Virginia Macdonald’s concern about the cost and their feelings that if the township would do this for these residents, then they would have to do it for everyone.  He stated he, as a trustee, feels projects should be planned each year and feels the Francesca neighborhood should not be penalized due to a money issue.


Mr. Bosley asked the Board if they would like to revisit either of these two projects.  At this time, Mr. Williams stepped to the podium to speak.


  • Sam Williams of 5346 Francesca – Said he and his neighbor closed in their ditch because it was an eyesore, put in 18” culvert and said the contactor he had do it contacted the township and the township came out and instructed this person exactly how to do it – all at his own expense.  He said it makes absolutely no sense to tear it out. 


  • Carol Eichelberger of 5322 Francesca – Agrees with Mr. Williams and stated she is his neighbor.  They also put culvert in at their own expense.  She said her husband has had two heart attacks and they are not able to maintain a culvert and it also makes the property look better.


Russ Goffus stated there has been a misconception.  He said they are not going to tear up anyone’s pipe.  Mr. Goffus said the open ditch policy means the township does not promote closing in ditches.  If residents want to close in ditches, they can, but it has to be conducive to the road so water will go into catch basins and it would be at the resident’s own expense.


Nimishillen Township Board of Trustees



June 23, 2005 (Cont.)




  • Dave Wiley of 4703 Leone – Said if the township is going to dig the ditches 4’ deep, the pipe would have to come out.  Mr. Goffus and Mrs. Macdonald said they did not say 4’.  There was brief discussion among residents in the audience.


Mr. Wiley said kids don’t always listen and is afraid kids will play in the water.


  • Carolyn Schafer of 5727 Ripley St. – Said they closed in their ditch because they were getting flooded every time it rained and it flooded so much that they had to put the catch basins in.  She said due to all the children, it is a safety factor.


Mr. Goffus said the County did the work on Ripley Street.  Mrs. Schafer said it was the County and the Township.


  • Donna Fuller of 5853 Rosedale – Said when Clerk Carlene Harmon was a trustee, she came out and the water in the creek was up to her hips.  Carlene said she was there and said Mrs. Fuller was right.  Mrs. Fuller said there is no way she is tearing out pipe she paid for and having 4’ ditches.


  • Ed Thatcher of 4725 Leone – Mr. Thatcher said his concern is the open ditch policy.  He stated there is no clarity and it’s total confusion.  Mr. Thatcher asked Mrs. Macdonald what the post date was on her set of plans.  She said June 14th.


Mr. Bosley tried to clarify the open ditch policy saying the Board agreed they were going to open more ditches.  He said there was never any talk about taking any pipe out of any ditch.  He said that didn’t come up until the last trustees meeting.  He said as a Board, they agreed (which he supports) more open ditches outside of the allotments.


Mr. Bosley said the trustees already talked with the residents on Francesca Street and the residents agreed to pay for the pipe and the township would install it.


Regarding Winter Street, Mr. Bosley said the township should pay for it because it was just one side of the street straight down through.  He said Mr. Goffus and Mrs. Macdonald do not want to pay for that pipe.  Mr. Bosley said, historically speaking, they do not want to pay for any pipe on Winter Street and they want to open ditches on Francesca Street and take pipe out.  Mrs. Bosley said that is what was stated at the last Trustees Meeting.


Much discussion was held on this topic.  Mrs. Macdonald said there has been no decision on this as to when this would be done.  She said she spoke with Mr. Conner last week and he said Francesca Street is entirely a different situation than Winter Street because Francesca is near the creek.


  • Dawne Friedman spoke again asking how the Board can say one thing at one meeting and another at the next.  She said she asked if the ditches would be opened to 4’.  Mrs. Friedman said Russ and Virginia said yes.  Mrs. Macdonald said what they said was they promote open ditches – nothing was said about 4’ ditches.  Discussion was held as to what was said or not said at the last trustees meeting.  Mrs. Macdonald said no decision has been made on either Winter Street or Francesca Street.


Mr. Bosley put a motion on the floor as to how these problems should be handled stating a storm system needs to be put in on Winter Street.  Francesca Street, when originally designed, was designed as an open ditch; however, Gary Conner agrees, after Mr. Bosley explained to him how bad it floods there, that a storm sewer is the only possibility for both of those neighborhoods.  Mr. Bosley said he would like to see this Board agree to getting storm sewers on both of these streets and if that means there needs to be another meeting with the neighbors to decide funding, he’s available.


Mrs. Macdonald said she feels it’s up to the Board of Trustees, the Stark County Engineer’s Department and the Road Department and feels it is not necessary for the residents to make the decision.


At this time, the next resident spoke.










Nimishillen Township Board of Trustees



June 23, 2005 (Cont.)




  • Joanne Moody of 7018 Pilot Knob stated she attends most all of the meetings and the people here tonight never bother to come except that it’s now affecting Winter and Francesca Streets.  She said the people here tonight didn’t care when Sunscape had a problem and said most people didn’t care until a couple years ago when we got a whole lot of water.  Every place flooded – not just Winter Street and Francesca Street.  Mrs. Moody said the Trustees work very hard to keep this township running smooth on a very minimal budget.


  • Charles Peterson of 4668 Eastland – Stated he agrees flooding is a problem but said if you want an open ditch policy, then open the Fairhope Ditch.  He said this would solve a lot of problems.  Mrs. Macdonald said he is exactly right and has made more sense than anybody.  Macdonald said the County Commissioners set aside $200,000 for this project and the township set aside $20,000.00 and the problem will be taken care of in a timely fashion.


All three trustees said they would call the Commissioners Monday, June 27th.


Before moving on to Concerns of the Trustees, Mr. Bosley asked the Board if they wanted to revisit the ditch concerns.  Mrs. Macdonald said she feels the Board should speak with the Commissioners to find out when the Fairhope Ditch would be cleaned out and go from there.


Mr. Bosley said he would like to speak about this at the next meeting and give the residents an answer.  Mr. Goffus said they will revisit it but they need to review a few things and get more facts.  Mrs. Macdonald said by then, they might have the plans from the County.


Todd Bosley said he would like to set a time and date to start these projects.  Virginia Macdonald said Francesca should come first (after Eastview) because it is worse than the problem on Winter Street.


Mr. Bosley stated he would like to have the following questions answered:


    1. What will the residents pay?
    2. What kind of agreement will be worked out regarding pipe?
    3. From Kevin – When can these projects be done?
    4. Is the township going to have open ditches or enclose the ditches with pipe and is the township going to put in storm sewers?


Mr. Bosley said he would like to have answers by the next trustees meeting on July 14, 2005.




Eastview Storm Sewer Improvements:  Virginia Macdonald read a letter from the Stark County Commissioners stating this is the first project on the list and the township will set aside $3,850.00 for this project. (See attached)


Virginia Macdonald motioned that the Agreement was made and entered into on June 23rd signed by the Board and the County agrees to provide the funding for one half of the cost of the needed repairs not to exceed the estimated cost of $7,700.00 and sign the Agreement tonight with Clerk Carlene Harmon signing as a witness, seconded by Todd Bosley.  All voted yes.  Motion carried. (Res. #05-148)


CEDA Resolution:  Regarding the annexation that is going to happen, Virginia Macdonald said someone should meet with the Prosecutor about putting together some kind of CEDA (Community Economic Development Agreement).  She asked the Board if they would rather do it now or wait until after the public hearing which will be held on July 20th at 7:00 p.m. at the City of Canton Council Chambers located at 218 Cleveland Ave., SW in Canton, Ohio.


Mr. Bosley feels the Board should meet with the Jeffries Company to try to resolve this up front and explain to Jeffries that the township does not want Canton to annex township property.  Mr. Bosley stated the CEDA is the last thing we should be working on.


Virginia Macdonald said everyone needs to attend the public hearing on July 20th with all their input.


Russ Goffus said if we don’t enter into talks and dialog for the CEDA, they can decide on the annexation saying they already have the majority of property owners.  He continued saying if our township does not have a CEDA in line, we, the township, could lose everything.  With a CEDA, it’s a win-win situation for everyone.



Nimishillen Township Board of Trustees



June 23, 2005 (Cont.)




Mr. Bosley wanted to know the Board’s position about meeting with the Joseph A. Jeffries Company.  Mr. Goffus said we can try but stated it is necessary to enter into a CEDA.  Discussion followed.


Mrs. Macdonald asked Mr. Bosley what he would propose to talk to Jeffries about.  Mr. Bosley said he would suggest asking them what the township could do so the annexation doesn’t happen.


The Board agreed the best way to approach this is to speak with the attorney but it could not be a member of the Board.  Mr. Goffus said it would have to be a non-member due to the lawsuit and also because of conflict of interest.  Mr. Goffus said he would contact Dennis Biery and ask him if he would be willing to meet with Mr. Jeffries.  Mr. Goffus feels, at the same time, the township still needs to enter into a CEDA Resolution.  The Board agreed.  Mr. Bosley suggested appointing a group of people to negotiate the CEDA.  Discussion followed.  Mrs. Macdonald then suggested there should be three people for the initial meeting.


At this time, another resident stepped to the podium.


·        Don Phillips of 5363 Lesh Road said for some reason, Russ Goffus and Virginia Macdonald are afraid to talk to Jeffries.  Mr. Goffus explained that the trustees could not talk to Jeffries due to the lawsuit and conflict of interest.  Mr. Phillips said ‘a failure to plan is a plan for failure’ and said he feels the Board is doing a lot of that these days.


  • Terri Fidelholtz stepped to the podium again and said Attorney Deborah Dawson told her regardless of whether we want the CEDA or not, Canton City was going to do it.  Mrs. Macdonald told Terri that was correct.  Ms. Fidelholtz said Jeffries wants everything in Canton because the township does not want the transfer station.


A work session was set for Monday June 27th to be held at Fire Station #2 at 1:30 p.m. for the purpose of discussion of a CEDA.  All three trustees are to attend as well as Keith Lasure, Rich Peterson and Kevin Swartz.




Virginia Macdonald motioned to go into Executive Session at 9:27 p.m. for the purpose of discussing employee evaluations, seconded by Todd Bosley.  All voted yes.  Motion carried. (Res. #05-149)


Virginia Macdonald motioned to come out of Executive Session at 10:00 p.m., seconded by Todd Bosley.  All voted yes.  Motion carried. (Res. #05-150)




The following items of discussion were tabled from the June 9th Trustees Meeting:


Fall Newsletter: The Board agreed to do a fall newsletter and talk about the Road Levy in the newsletter.


Centerlines for S. Nickelplate, Lesh, Meese and Bentler: Todd Bosley reported the total cost for the above-mentioned roads is $1,302.30.  The Board agreed to go ahead with it.




Russ Goffus mentioned an article that was in The Repository stating that Nimishillen Township is going to lose a tangible property tax of $39,000.00, which will come out of our General Fund money.  Clerk Harmon said this would not start until the year 2009.  Discussion followed.




Russ Goffus motioned to approve the Minutes, as written, from June 9th and 16th, 2005, seconded by Todd Bosley.  All voted yes.  Motion carried. (Res. #05-151)











Nimishillen Township Board of Trustees



June 23, 2005 (Cont.)






Request Advance Tax Settlement for Second Half Real Estate Taxes: Mrs. Harmon asked the Board for a Resolution to request advance tax settlement money for the second half real estate taxes – Russ Goffus said so moved as said, seconded by Todd Bosley.  All voted yes.  Motion carried. (Res. #05-152)


Resolution for Auditor to Certify Evaluation for Road Levy: Todd Bosley motioned for the Auditor to certify evaluation for the road levy, seconded by Virginia Macdonald.  All voted yes.  Motion carried. (Res. #05-153)


Fire Levy for Full Time Staffing: Chief Peterson asked the Board for a Resolution for an increase in the fire levy to hire some full time staff.  He said Carlene did some research and it would be an additional two mills.  The valuation would be $177,848 per mill.  Two mills would cost the homeowner (with a $100,000.00 house) $61.26 per year which would generate $355,696.00 a year.  Of that, it would permit the hiring of two full time positions working 24-hour day shifts (24 hours on – off a day – then working another 24 hours).  Peterson said every position allowed for takes three fire fighters or personnel to fill.  When hiring six fire fighters, that would fill two positions 24/7.  This would be supplemented with part time staff.


The Chief continued to explain he does not know how much longer fire department personnel will stay when they don’t get any vacation, no sick time, no retirement package and are told it’s not full time.  Peterson said at this time, they are only paid for 18 hours a day and said they cannot continue to operate, long term, on a part time basis.


Russ Goffus motioned to certify the evaluation for a Six Mill Fire Levy to Auditor, seconded by Todd Bosley.  All voted yes.  Motion carried.  (Res. #05-154)


At this time, Mr. Bosley brought up Dave Murphy of 6450 Apple Street stating he wants a new driveway culvert because the street is too high and caused damage to his culvert.  Goffus said he wanted to take a look at it.  Virginia Macdonald said she talked to Mr. Murphy on the phone.  Bosley said to table this until the next meeting or maybe this problem could be resoled between Mr. Murphy and the trustees.


At this time, Clerk Harmon said a separate Resolution is needed to put a new Fire Levy on the ballot.  Todd Bosley motioned to put a new Six Mill Levy the November ballot and to rescind the Four Mill Levy if the Six Mill Levy passes, seconded by Virginia Macdonald.  All voted yes.  Motion carried.  (Res. #05-155)


At this time, the trustees signed a letter to Attorney Deborah Dawson at the Stark County Prosecutor’s Office.  (See attached)




Russ Goffus motioned to approve the Financial Report and pay bills in the amount of $122,699.39, seconded by Todd Bosley.  All voted yes.  Motion carried.  (Res. #05-156)




Virginia Macdonald motioned to sign checks and adjourn, seconded by Russ Goffus.  All voted yes.  Motion carried.  (Res. #05-157)


The meeting adjourned at 10:50 p.m.





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______________________________________           __________________________________








                                                                                                   TODD D BOSLEY, VICE PRESIDENT






                                                                              RUSSELL L. GOFFUS, TRUSTEE