Nimishillen Township Board of Trustees

June 9, 2005



 On Thursday, June 9, 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.


NOTE:  Due to a malfunction in the CD Recorder, the first of three CD’s did not record.  The following will be minutes from notes and memory.




Mr. Sam Sliman, Director of Annexation, City of Canton stepped to the podium and spoke about annexing 137 acres of Nimishillen Township into the City of Canton.  Mr. Sliman explained annexation is actually a CEDA (Cooperative Economic Development Agreement) and he would be referring to the annexation as a CEDA.  This involves three townships:  Plain Township, Canton Township and Nimishillen Township.


Mr. Sliman continued to explain Canton has a great water system and can provide 95 million gallons of water per day.  He said Canton gets five million dollars per year for development and if the township and city can find a medium through the CEDA so the city would get the income taxes and the township would get property taxes, it could be a win-win situation.


Todd Bosley questioned the transfer station stating the township does not want this to happen.  Mr. Bosley wanted to know what kind of assurance the township could receive that this will not happen.  Discussion followed.


If the City would choose to annex the area without the township’s cooperation, no benefits would be forthcoming.


Deborah A. Dawson, Assistant Prosecutor, Civil Division, Stark County Prosecutor’s Office, said the Board of County Commissioners set July 20, 2005 at 7:00 p.m. as the date for a public hearing for the proposed annexation.  The hearing will be held at City of Canton Council Chambers located at 218 Cleveland Ave., SE, Canton, Ohio.  All residents of the township are invited to attend and have their questions answered.


Mr. Bruce Williams, Assistant Director of Community and Economic Development stated that the City of Canton has been successful in the past in obtaining $2,500,000.00 in Cleanup Grants from State Cleanup funds.  He said the City has utilized these funds in a timely fashion, which is an asset for future funding.


After the presentation/discussion, nothing more was decided.


FIRE DEPARTMENT: (Chief Rich Peterson)


Chief Peterson reported there would be another Firefighter’s Challenge again this year June 21st or June 28th.


Amber Alert Notifications:  Chief Peterson reported the Amber Alert Notification has been added to the township Nextel phones at no charge.


Execute Dispatching Contract:  Russ Goffus motioned to execute the Dispatching Contract with North Lawrence Fire Department paying $1,510.43 per month to Nimishillen Township, seconded by Virginia Macdonald.  All voted yes.  Motion carried.


Donation Letter for Dispatching Equipment:  Todd Bosley motioned to accept the donation of dispatching and office equipment from American Protection Systems, Inc. with an estimated value of $35,000, seconded by Russ Goffus.  All voted yes.  Motion carried.  (Copy attached)


Dispatch Cutover Date:  Because all needed lines could not be installed for dispatching equipment, the cutover date was extended to June 29th.  Peterson said every agency was contacted and stated we are still in good shape and all is moving ahead as scheduled.


Hiring of Firefighter/EMT’s/Civilian Staff:  Russ Goffus motioned Megan Ford, Brian Ferguson, Eric Foutz, Lisa Weber, Cyle Wright, Cheryl Lombardi and Barb Prince to be sworn in tonight, seconded by Todd Bosley.  All voted yes.  Motioned carried.   Res#05-132)




Nimishillen Township Board of Trustees



June 9, 2005 (Cont.)




Virginia Macdonald administered the oath of the fire department being sworn in as Firefighters/EMT’s or Dispatchers.  Following the swearing in ceremony, the Board of Trustees and Clerk welcomed them to the department.


ROAD DEPARTMENT: (Superintendent Kevin Swartz) (2nd CD)


Resolution to Award Contract:  Upon Superintendent Swartz asking for a resolution to award the 2005 Roadway Improvement Contract, Virginia Macdonald motioned to award the 2005 Roadway Improvement Contract to Central Allied, Parts A & B, seconded by Russ Goffus.  All voted yes.  Motion carried.   (Res#05-133)


The cost of Parts A & B is approximately $118,000.00 and Part C is approximately $57,000.00.  The Board agreed it would be decided later if Part C of the 2005 Roadway Improvement Contract would be done.


Road Report:  Russ Goffus motioned to accept the written Road Report for June 9, 2005, seconded by Todd Bosley.  All voted yes.  Motion carried.  (Copy attached)   (Res#05-134)




May 2005 Zoning Report for Stk. Co. Auditor:  Russ Goffus motioned to accept the May 2005 Zoning Report for the Stark County Auditor, seconded by Todd Bosley.  All voted yes.  Motion carried.  (Copy attached)   (Res#05-135)


Zoning Report:  Virginia Macdonald motioned to accept the written Zoning Report for June 9, 2005, seconded by Russ Goffus.  All voted yes.  Motion carried.  (Copy attached)  (Res#05-136)




1)     Terri Huckels of 8730 Easton commented on:

·        Remarks at the last Trustees Meeting about the Water & Sewer Project and said Virginia Macdonald saved the township millions of dollars

·        Ohio Rail Transfer and questioned what kind of industrial park is being planned

·        $20,000.00 set aside for flood projects – feels it should be used for what it was set aside for and not for resident’s front yards – discussion followed


2)     Rebecca Harden of 6556 Winder Street commented on:

·        Drainage issues on Winter Street - opposed to culvert work


3)     Lisa Shafer of 6590 Winter Street commented on:

·        Drainage issues on Winter Street - wants the culvert to be installed


4)     Marcia Dyer of 5914 Cassidy Street:

·        Presented a petition with 70 signatures opposing the Beck Road waterline and annexation


5)     Sheldon Smith of 3840 Sandell:

·        Sounds like a done deal – seems it’s not to create jobs – maybe money.  He said there’s more money in garbage than sand and gravel - discussion followed


6)     Mark Rumble of 3094 Ravenna:

·        Spoke about the Winter Street Project - discussion followed


7)     Dawn Friedman of 5362 Francesca:

·        She hopes the culverts will be put in soon and wants the township to help pay for this project.  She does not want 4 foot ditches.  Mrs. Macdonald explained the state of Ohio is promoting ‘open’ ditches.  Discussion followed.




Jeffries – Catch Basin:  Due to pending litigation, this was tabled until the next Trustees Meeting on June 23rd until after Russ Goffus talks with our attorney.  It was determined the catch basin is in the township road right of way.


Establish Road Superintendent’s Duties:  The Board agreed the road superintendent would make decisions on ditching projects.  Kevin said he would contact the Board if he would run into a problem or need advice.  The following agenda items were turned over to Kevin to handle:  Ditch problem at 5931 Skyridge, open ditch on Noel and a catch basin at 5249 Glenoak.



Nimishillen Township Board of Trustees



June 9, 2005 (Cont.)




8201 Georgetown:  Todd Bosley said he would call Bret Fleischer (8201 Georgetown) regarding a flooding problem and to tell him it is not a township road.  Virginia Macdonald said part of this area is Osnaburg Township and Georgetown is a county road.  Todd Bosley and Kevin Swartz will double check to make sure.


Center Lines:  Todd Bosley said he received concerns about the centerline on South Nickelplate and Lesh Road.  Swartz asked Tillie Kinsley to check on the cost.  It was suggested to check on the cost for Meese Road and Benter Ave. as well.  This was tabled until the June 23rd meeting.


Notification on Variances:  Discussion was held regarding notification of adjoining property owners for variances.  It seems a resident was very upset that he was not notified about a variance last month.  This particular resident lives in the City of Louisville but his property does adjoin the township property in question.  Zoning Inspector, Keith Lasure, checked with the City of Louisville and they said they do not notify any property owner who does not live in the City of Louisville, i.e. if they live in the township, they are not notified.  Lasure said he would get an opinion from the Stark County Prosecutor’s office.  Goffus said it should be clarified as all adjacent ‘township’ properties.  Discussion followed.


Executive Session:  The Board agreed Executive Session would be held toward the end of the meeting.


Response from State of Ohio:  Russ Goffus said he called the gentleman from ODOT and he did look at the situation regarding the drainage ditches along Rt. 44.  (Copy attached)




Funding for Francesca St. Ditch Project and Winter Street Storm Sewer Project:  Todd Bosley said Zoning Inspector, Keith Lasure, summed it up as follows:  When determining whether or not the township should pay for materials to put in pipe for a resident, if it’s cosmetic the township does not do it but if it is something that actually solves a water problem, then the township should pay for the materials.


Goffus said the Board had agreed, a while back, that if the township were ditching through, the township would put driveway culverts in but at the homeowner’s expense and said the township does not do any piping in front of homes.  Mr. Goffus said the township has open ditches everywhere using Horn Street at an example.  Virginia Macdonald agreed and said they are going to adhere to the State of Ohio and NPDES.  She further explained the Federal Government, not Stark County or State of Ohio, regulates this.  She said in 2008, NPDES will inspect the township to see if we are doing what we said and if not, the township would be heavily fined.  Much discussion was held between the trustees and several unidentified residents in the audience.


Beck Road Waterline:  Virginia Macdonald said she sent a letter (signed by all three trustees) to the Stark Co. Engineer’s Office.  Chief Surveyor, Ken Carter, will survey the road and report his findings.




Russ Goffus motioned to approve the Minutes as written from May 26, 2005, seconded by Virginia Macdonald.  All voted yes.  Motion carried.   (Res#05-137)




Transfers per Res. #05-005:  $4,000.00 from 10-A-01 Salaries (Fire) to 10-A-07 Utilities (Fire) and $2,000.00 from 01-J-03 Other Expenses (Zoning) to 01-J-02 Supplies (Zoning).




Virginia Macdonald motioned to approve the Financial Report and pay bills in the amount of $27,032.50, seconded by Todd Bosley.  All voted yes.  Motion carried.   (Res#05-138)




Virginia Macdonald motioned to go into Executive Session at 9:32 p.m. for the purpose of annual reviews for employees, seconded by Todd Bosley.  All voted yes.  Motion carried.  (Res#05-139)


Virginia Macdonald motioned to come out of Executive Session at 9:48 p.m., seconded by Todd Bosley.  All voted yes.  Motion carried.   (Res#05-140)


At this time, Joanne Moody of 7018 Pilot Knob stepped to the podium and asked the trustees if they had given any thought for a newsletter for the fall because of the road levy coming up.  Even though it would cost a couple thousand dollars to do another newsletter, Russ Goffus feels it is



Nimishillen Township Board of Trustees



June 9, 2005 (Cont.)




important to get some verbage to the township residents and all township residents would receive a newsletter.  This was tabled until the next meeting on June 23rd.




Russ Goffus motioned to adjourn, seconded by Virginia Macdonald.  All voted yes.  Motion carried.   (Res#05-141)


The meeting adjourned at 10:00 p.m.






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