Nimishillen Township Board of Trustees



July 28, 2005

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On Thursday, July 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, Vice President Todd D. Bosley, Trustee Russell L. Goffus and Clerk Carlene Harmon.


The meeting opened with the pledge of Allegiance.


GUEST SPEAKER:  State Senator Kirk Schuring


Senator Schuring stepped to the podium and said he came tonight to watch, observe and offer his services, if needed, to the Board of Trustees and township residents.  He stated he worked with ODOT about a year ago on a traffic study for the intersection of Paris & SR62 regarding a permanent traffic light.  ODOT indicated the survey was ‘marginal’ meaning it could go either way.  Just this week, ODOT indicated they would be putting in new poles that would be conducive to a traffic signal and might put in a traffic signal if it would be something the people of Nimishillen Township would want.


Trustee Bosley explained the township is dealing with some annexation issues and asked Senator Schuring to explain a JEDD & CEDA.


Senator Schuring said both of these laws were designed to give townships and cities an opportunity to work together cooperatively.  He said they are not mandatory and can only be executed if the township and city finds it in their best interest to do so.


CEDA:  Senator Schuring explained there still could be an annexation but the township would be at the table negotiating with the city to maintain its identity and to keep the property in the township.  The city could then use their powers for an income tax but would have to do this with the cooperation of the township.


Senator Schuring explained both JEDD & CEDA allows a township to work things out o the residential neighborhoods can be protected by a contract avoiding an urban sprawl, a shopping center popping up or an industrial park.  He said townships and cities know full well where economic development will take place, where protected areas would be and said it’s a much better way of doing business.  He said its ‘used planning’ at its best.


JEDD:  Senator Schuring explained you could go into a section of the township that is not adjoined to the city and create a special district.  If a JEDD is created, it would require a vote of the township residents unless there was a unanimous vote of the Township Trustees but the property owners in that district, by law, would have to sign a petition acknowledging they are consenting to the creation of the district with the understanding there would be certain taxes they would have to pay to help improve that district into economic development.


Senator Schuring received a round of applause from the audience.


FIRE DEPARTMENT: (Chief Rich Peterson)


Construction update on Station No. 3/Dispatch Center:  Chief Peterson reported progress is moving along and reported what has been done to date.  Some discussion followed.


Resolution for two Change Orders:


The first Change Order is a reduction in the contract for an alternative floor for the epoxy flooring.  The Chief said it does meet the standards and is acceptable and asked the Board for a Resolution to accept Change Order G1 in the amount of $5,700.00 for the R. P. Babik Construction Co., so moved as stated by Russ Goffus, seconded by Todd Bosley.  All voted yes.  Motion carried.         RES#05-177


The second Change Order is Change Order E-1, which is an addition to provide material required to install two 3-1/2” PVC schedule 40 conduits from the existing utility pole to the new transformer pad in the amount of $585.00 to B & J Electric of Poland, Inc., so moved as stated by Russ Goffus, seconded by Todd Bosley.  All voted yes.  Motion carried.         RES#05-178


New Dispatch User – Uniontown Fire Department:  Chief Peterson reported Uniontown Fire Department is now on board with a user fee of $1,813.00 per month.


Resolution to Adopt National Incident Management System (NIMS):  Chief Peterson said this is the NIMS Training and NIMS Compliance.  The Board agreed Peterson should be the coordinator.  Peterson said he would prepare a Resolution for the next Trustees Meeting on August 11th.  For more detailed information, go to and click on NIMS Compliance.


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July 28, 2005, (Cont.)




Fire Department Inspections/Pre-incident Surveys for Businesses and Township:  The Chief reported inspections of businesses are required and they do walk throughs for township businesses; however, there is a problem stating there are some ‘businesses that aren’t businesses’ and said he cannot go in and inspect them because they are operating in territories which are not businesses.


Peterson said he felt it was necessary to bring this to the Board’s attention explaining when a business is operating in the township, it’s not just a zoning issue stating he cannot get in to do inspections because he is not allowed to go in or on residential properties unless the property owner invites him.


Peterson received an opinion from the State Fire Marshall’s office.  It is their opinion they have no authorization in a residential building, i.e. they cannot go into homes or farms - only by invitation.  It is the State Fire Marshall’s recommendation that these businesses need to be brought into compliance so they can be inspected.


Todd Bosley said one of his concerns is Brogan.  The mulch is against the building.  Chief Peterson said he has no jurisdiction and the fire code cannot be enforced because Brogan is not operating within the scope of the township’s zoning laws.  Discussion followed.


ROAD DEPARTMENT: (Superintendent Kevin Swartz)


Sunscape (Phase 2) – Estimate for Sidewalk Handicap Ramps:  Superintendent Swartz reported he will meet with a gentleman Sunday morning at Sunscape Estates to get an estimate for handicap ramps and curbs.


Alcorn Curb Estimate:  Swartz reported he would get an estimate to replace the curb on Alcorn.


Reno Crossover:  Russ Goffus said he and Keith looked at the Reno crossover today.  Goffus said the road is eroding away (due to the flow of water) to the point of being dangerous to residents.  Due to a 6’ to 7’ drop-off at the edge of the road, barricades have been put up.  Goffus said the township would have to expend some money to fix it and said he and Kevin are meeting with the property owner Monday, August 1st at 3:00 p.m.  Todd Bosley feels Stark County Engineers should assist and said he had called Gary Connor but would call him again to see if he could meet with them on Monday.


Written Road Report for July 28, 2005:  Superintendent Swartz read his written report.  Virginia Macdonald motioned to accept the Road Report for July 28, 2005, as written, seconded by Todd Bosley.  All voted yes.  Motion carried.  (Copy attached)        RES#05-179


ZONING DEPARTMENT: (Zoning Inspector, Keith Lasure)


June 2005 Zoning Report for Stark County Auditor:  Russ Goffus motioned at accept the June 2005 Zoning Report for the Stark County Auditor, seconded by Virginia Macdonald.  All voted yes.  Motion carried.  (Copy attached)         RES#05-180


Written Zoning Report for July 28, 2005:  Zoning Inspector Lasure read his written report.  Virginia Macdonald motioned to accept the Zoning Report for July 28, 2005, as written, seconded by Todd Bosley.  All voted yes.  Motion carried.  (Copy attached)       RES#05-181




Linda Shier of 8710 Easton – Commented on an article in the Canton Repository regarding the meeting about the Canton Annexation and wanted to know why Todd Bosley was the only trustee at that meeting.  Bosley explained for all three trustees to go, it would have to be advertised and stated Sam Sliman called him.  Mrs. Shier then commented about the lack of communication between the Board of Trustees, asked about the projects on Rosedale and Noel and stated the hostility in the township must stop.  Discussion followed.


Terri Huckels of 8730 Easton – Stated she has thoughts along the same lines as Mrs. Shier saying there are three township trustees and each trustee was sworn to uphold the laws and by-laws of the Township, County and State of Ohio and no one trustee should make decisions for the entire township.  Mrs. Huckels said the township residents have the right to know some facts such as the Groffre Lawsuit – where it stands and what is going to happen.  Discussion followed on this topic.  Mrs. Huckels commented the last trustees’ meeting was a show of total disrespect and it must stop.





Nimishillen Township Board of Trustees



July 28, 2005, (Cont.)




Mike Lynch of 7293 Hahn – Stated he operates a business in the township and is running for township trustee.  He said he has concerns and questions regarding the Groffre Investments Lawsuit.  Much discussion followed.


Terri Fidelholtz of 2828 Ravenna – Asked about the investigation on the shredding of township documents.  Todd Bosley said we have not yet received an update.  Ms. Fidelholtz then asked about the status of the audit.  Bosley explained that the audit is currently underway for 2003-2004.


Terri Huckels stepped to the podium again – She questioned about water running on the road regarding Jeffries – wanted to know if it was a natural real road or a paper road.  Russ Goffus said it depends which road it is and explained that Kathryn is a regular road, part of Violand is dedicated but an unimproved road, Cassidy (between Violand and Sandell) is a dedicated road but unimproved and said it is basically nothing but woods and said it would be a huge expense to put that road in.  Todd Bosley then explained the lawsuit and discussion followed.




Public Meeting Date for Dialog Between City of Louisville and Nimishillen Township for Economic Development:  Russ Goffus reported that today, he met with the City of Louisville along with Carlene Harmon, Dennis Biery, Tom Ault and Peggy Howald.  A tentative date for a two-hour meeting was set for Tuesday, August 9th at 7:00 p.m. at the new Louisville Middle School.  Paul Mastriacovo will be the Facilitator.  The City of Louisville meets Monday night, August 1st, and will call to confirm this date.  The meeting will be open to the public with public input at the end of the meeting.


Goffus said the fee for the facilitator would be split between the City of Louisville and Nimishillen Township and would cost the township approximately $100.00.  The Board agreed to pay this amount.


Third Party Dialog with Jeffries Corporation:  Russ Goffus said he has no problem having dialog with Jeffries through a third party.  Goffus said Dennis Biery is willing to go to the Jeffries Corporation to see what they would like to do to settle the lawsuit and also stated it should be put in writing.  Discussion followed.


Virginia Macdonald commented that before the Board makes any decision, she would propose to talk to our attorney and have him come to a meeting and discuss it in Executive Session.  Goffus said he would call the attorney to see if he could come to the next meeting on August 11th.


Mrs. Macdonald continued by saying since this is such an important issue, she feels the insurance company should be contacted to find out the status of what is going on, what has occurred and how this affects the State of Ohio.


Terri Fidelholtz stepped to the podium again and talked about the transfer station and the fact that the EPA said it is a flood plain and questioned why Jeffries would sue over water going over his property when everyone knows it is a flood plain.  Discussion followed.


Executive Session:  The Board agreed to wait until the end of the meeting to go into Executive Session.




Kevin Swartz reported unacceptable items have been dropped off and wanted to remind everyone the Recycling/Composting Program is for yard waste, branches, grass clippings – not stones, cement, old furniture, picnic tables, toilets, etc.  The trustees asked township secretary, Sharon Shaub, to call Linda Morckel at Stark County Recycling to get a list of acceptable items.  The trustees reminded everyone this is a good program and the township would hate to see it turned into a dump.




Items for the fall newsletter will be due at the next trustees meeting on August 11th, 2005.




Clerk Harmon reported the audit started Wednesday, July 27th and the auditor currently works 8 to 4:30 but is not comfortable setting the alarm, locking up and closing the gate and would like to work from 7:30 to 4:00.  Mrs. Harmon said 1) someone could volunteer to come back at 4:30 to set the alarm and lock the gate, 2) give the auditor the security code and a key but there would still be



Nimishillen Township Board of Trustees



July 28, 2005, (Cont.)




the problem of the gate or 3) have the township secretary work 7:30 to 3:30 (which she already volunteered to do) to let the auditor in and Kevin would be here at 4 to lock up and close the gate.


Since the auditor should not have the liability to lock up and close the gate, the Board agreed to have township secretary, Sharon Shaub, work 7:30 to 3:30 during this period, which would be approximately one month.




Russ Goffus motioned to approve the Minutes for July 14, 2005, as written, seconded by Virginia Macdonald.  All voted yes.  Motion carried.           RES#05-182




The following transfers were made per Resolution #05-005:


            July 21, 2005:

            $  3,038.00       From:   10-A-15 Other

                                    To:       10-A-14B Insurance, Vehicles, Buildings


            $12,000.00        From:   28-A-01 Salaries

                                    To:       28-A-09 Other


Amended Certificate for Fire Dispatch Revenue $144,110.88:  Clerk Harmon asked for a motion to amend a certificate in the amount of $144,110.88 for dispatching contracts and projected six month’s revenues on behalf of Nimishillen Township, so moved as written by Russ Goffus, seconded by Todd Bosley.  All voted yes.  Motion carried.  (Resolution attached)     RES#05-183


Resolution to adopt Cellular and/or Nextel Telephone Assignment and Use Policy:  Mrs. Harmon reported the auditor requested the township adopt a written cell phone policy.


Russ Goffus motioned to adopt the Cellular and/or Nextel Telephone Assignment and Use Policy, as written, for Nimishillen Township, seconded by Virginia Macdonald.  All voted yes.  Motion carried.  (Copy attached)       RES#05-184




Virginia Macdonald motioned to approve the Financial Report and pay bills in the amount of $206,154.15, seconded by Todd Bosley.  All voted yes.  Motion carried.  (Copy attached)     RES#05-185




Virginia Macdonald motioned to go into Executive Session at 8:40 p.m. regarding personnel for the purpose of discussing employee compensation, seconded by Todd Bosley.  All voted yes.  Motion carried.    RES#05-186


Virginia Macdonald motioned to come out of Executive Session at 8:50 p.m., seconded by Todd Bosley.  All voted yes.  Motion carried.          RES#05-187


Russ Goffus motioned to pay all part time seasonal help for the Road Department $9.00 per hour with a CDL and experience, which would include Gary McLaughlin and Chris Peterson effective next pay period, and to be reviewed again the 1st of the year, seconded by Todd Bosley.  All voted yes.  Motion carried.            RES#05-188


Todd Bosley suggested to have Chris Peterson get with Kevin and help establish safety rules and a Policies and Procedures guide for the Road Department so if someone is injured or an emergency would arise, there would be written guidelines to follow.  This would also include training on how to operate equipment, etc.  Kevin suggested it would be a good idea for everyone to have CPR training.  Chief Peterson said he would let the office secretary know when classes would be held.  Discussion followed.




Virginia Macdonald motioned to sign checks and adjourn, seconded by Russ Goffus.  All voted yes.  Motion carried.            RES#05-189






Nimishillen Township Board of Trustees



July 28, 2005, (Cont.)











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ATTEST:    CLERK/TREASURER