Nimishillen
Township
October 13, 2005
On
Thursday, October 13, 2005, the Board of Trustees of
The
meeting opened with the pledge of Allegiance.
FIRE DEPARTMENT: (Chief Rich Peterson)
Station
#3/Dispatching Center update: Chief Peterson reported on the current schedule of
completion dates for Fire Station #3 (copy attached) and also on a letter he drafted to RP Babik
Construction Company stating his concerns regarding their lack of progress, (copy attached) which will be sent by
Return Receipt Requested on Friday, October 14th.
I.B.E.W.
Local 540 (International Brotherhood of Electrical Workers): Discussion was held on a
letter and other correspondence received from I.B.E.W. (copies attached) regarding issues on the
electrical contract. The Board agreed to
send a letter to
Prevailing
Wage Coordinator: Discussion was held regarding the coordinator for Prevailing Wage and
how it’s handled. Russ Goffus thought
the architect handled this, but Virginia Macdonald said the past clerk always
handled prevailing wage issues.
Discussion followed.
Accept
resignation: Russ Goffus motioned to accept the resignation for personal reasons
from part time dispatcher, Barb Prince, seconded by Virginia Macdonald. All voted yes. Motion carried. RES#05-226
Swearing
in Fire Department Candidates: Virginia Macdonald administered the oath for
Firefighter/Paramedic Michelle Epperley, Firefighter/Paramedic Jason Laird and
Firefighter/EMT Brian Lamm. Following
the swearing in ceremony, the Board of Trustees and the Clerk welcomed them to
the department and they received a round of applause.
Pancake
breakfast: The Chief reminded everyone about the free pancake breakfast this
Sunday, October 16th, from 8 a.m. to 12-noon at Fire Station #2.
Issue
45 flyers: Discussion was held on the Issue 45 flyers that were put on cars at
the meet the candidate’s night on October 12th, 2005. Todd Bosley reported a City of
ROAD DEPARTMENT: (Superintendent Kevin Swartz)
Raise
catch basin at 6111 Holderman: Kevin reported it would cost $125.00 to raise the
catch basin at 6111 Holderman. For
safety reasons, the Board agreed this should be done.
Stop
signs at Bentler & Diamond: Kevin reported the signs are on the dividing line
between
Iron
beam:
Todd Bosley reported township road employee, Dan Wayt, inquired if he could
have the large iron beam behind the township garage. Since this item has been removed from
township inventory and is of no use to the township, the Board agreed it would
be okay.
Brakes
for truck #1: Kevin advised the Board truck #1 needs brakes and said this would be
done sometime next week.
Road
Report for October 13, 2005: Russ Goffus motioned to accept the road report, as
written, seconded by Todd Bosley. All
voted yes. Motion carried. (Copy attached) RES#05-227
Todd
Bosley announced copies of the road report and zoning report(s) are available
for those who want them.
October 13, 2005
(Cont.)
ZONING DEPARTMENT: (Keith Lasure)
Bringing
resident before the Board of Trustees: Keith asked the Board for permission to
bring township resident, Mr. Moran of 7432 Pilot Knob, in front of the Board
regarding a violation of not putting a fence around his pool. Mr. Lasure said he sent several letters to
Mr. Moran. Mr. Moran wrote back stating
the township did damage of $500.00 to his property, that he didn’t have the
money and would fix his pool when he got around to it. The Board agreed it would be okay to bring
Mr. Moran before them. Russ Goffus said
other townships do it all the time but the problem is usually solved before it
gets that far.
Letter
to RPC to proceed with the zoning section maps for a total cost of $850.00: The Board asked township
secretary, Sharon Shaub, to write a letter to RPC and all three trustees would
sign it. Keith reported there are
approximately 132 to 136 actual maps.
September
2005 Zoning Report for Stark County Auditor: Virginia Macdonald
motioned to accept the September 2005 Zoning Report for the Stark County
Auditor, seconded by Todd Bosley. All
voted yes. Motion carried. (Copy attached)
RES#05-228
Zoning
Report for October 13, 2005: Virginia Macdonald motioned to accept the zoning
report, as written, seconded by Russ Goffus.
All voted yes. Motion
carried. (Copy attached) RES#05-229
CONCERNS OF CITIZENS:
Donna
Fuller of 5857 Rosedale questioned the audit, talked about the Groffre
lawsuit, the truck incident, shredding of documents and the amount of money
allowed to be spent. Clerk Carlene
Harmon explained the audit would be approximately four (4) more weeks and said
she received a call from the sheriff department so there is still something
going on with the investigations but the township does not have any answers
yet.
Linda
Shier of 8710 Easton commented on water problems from the floods of 2003 saying according
to some residents, the township only has four streets with water problems,
those being Noel, Rosedale, Francesca and Winter. She said the 2003 floods affected
everyone. She also commented on the
candidates running for trustee, her concern about the township budget in the
next four years and the Groffre lawsuit.
Terri
Huckels of 8730 Easton commented on meet the candidates night saying the
fire chief and the road superintendent both do a good job, commented that all
elected officials should be concerned with all residents, elected officials
need to know the State laws regarding township policies and when speaking, it
should be ‘we the trustees. There is no
‘I’ in the word trustee.
Bill
Blackmer of 3505 Maplegrove commented on whether the township or the county is
responsible for the mosquito spraying.
He also asked about the Issue 45 flyer, the road and fire levies and
talked about his ditch problem, which Kevin will check again.
It
was now 8 p.m. and time to excuse the students and begin the Brogan
hearing. Concerns of Citizens will
continue after the Brogan Hearing.
8:00 P.M. – EXCUSE STUDENTS/BROGAN HEARING:
Excuse Students: Virginia Macdonald excused the
Brogan
Hearing:
Virginia Macdonald said tonight’s hearing is to consider an amendment to rezone
.87 of an acre of land, more or less, and being part of the west half of the SW
Quarter of Section 9, Township 19, Range 7, Parcel No. 33-00387, situated on
the northwest side of 7035 Columbus Road, from R-1 Single Family Residential
District to B-3 General Business District.
The reason for requesting the reclassification is to open a small retail
business or to store vehicles on the lot.
Mrs.
Macdonald then read Regional Planning Commission’s recommendation, which was
denial
of the proposed rezoning to B-3 General Business. (Copy attached)
Mr.
Brogan’s attorney, Deborah Venet with Richard T. Schnars Co., LPA, 3205 Bretton
Street NW, N. Canton, Ohio, stepped to the podium and explained Nimishillen
Township Zoning Commission Board member, Ed Metzger, motioned to modify the
request from B-3 to B-2. However, that
motion ended in a tie vote and apparently was a lack of a quorum to carry the
B-2. (Zoning Commission Board member,
Joe Marks, was absent from the ZC Hearing, which was held on September 26,
2005). Ms. Venet said she knows the
Board of Trustees also have the power to ‘modify’. Ms. Venet said they are no longer interested
in a B-3 but now want a B-2 classification saying what Mr. Brogan wants to do
could be accomplished under B-2.
October 13, 2005
(Cont.)
Ms.
Venet said she feels a ‘B’ zoning would be a good buffer between the
residential areas and said the whole area is a mixture of Industrial and
B-3. She said this particular area is a
hardship for her client because he cannot do anything with it and is already
paying commercial taxes on this property.
Ms.
Venet continued by saying Mr. Brogan is trying to improve the appearance of the
property and said he does not want anything alcohol related as previously
discussed in 2000 and 2001. She said Mr.
Brogan wants to put in a small retail shop a possible shrubbery type business
or even a café shop – something to go along with the community setting. Ms. Venet stated RPC said something should be
done with this area so it doesn’t keep coming before them for reclassification.
Paul
Brogan of 7103 Columbus stepped to the podium stating he bought this
property December 28, 2004 and said this has been a hardship for him because of
the expense and no income and can’t even write it off on his taxes. Mr. Brogan said he has a 31-year old disabled
son and he would like to have this property rezoned before he passes away so
his son can hopefully have some income.
Mr. Brogan stated he has fixed it up and will continue to fix it up if
it’s rezoned as business. Zoning
Inspector, Keith Lasure, said RPC advised the motion for B-2 at the September
26th Zoning Commission hearing died for lack of a majority vote.
Russ
Goffus said RPC wants a comprehensive zone change for this area and feels this
should be initiated. Mr. Lasure agreed a
comprehensive zone change would be the way to go but said it would take time (as
much as up to a year) and that it couldn’t be done overnight.
Mr.
Goffus stated he feels the Board needs to deny the B-3 and start the
comprehensive zone change now – move forward and do it.
Ms.
Venet again stated the Board of Trustees has the power to modify the zone
change to a B-2. She said in 2000 and
2001, RPC recommended B-2 and in 2005, they got tired of this continually
coming before their committee.
Mr.
Lasure said since Mr. Brogan requested the B-3, there are trucks parked at this
particular corner and the other day there was a trailer with big logs and also
piles of wood. Mr. Lasure said there is,
what looks like a driveway, going toward the area where they keep the mulch and
feels there is no way this could be zoned anything at this time. He suggested two members from Zoning
Commission, RPC, himself and a trustee should meet to discuss what could be
done with this area. With all the
different zoning and businesses in this area, Mrs. Macdonald was concerned
about the residential area in the midst of this.
Joanne
Moody of 7018 Pilot Knob said she doesn’t know why Mr. Brogan purchased this
building when Mr. Brogan knew of all the circumstances. She brought up the Stop Work Order on the
mulch business, which has been ignored by Mr. Brogan. She said the mulch pile is getting bigger and
bigger and it looks like a dump. There
are also trucks all over. She did say
there have been a few improvements on the little building but feels this isn’t
anything to compliment the township. She
also feels Jerry’s place is not great either but that was voted in before the
current Board’s time and now there’s nothing anyone can do to rescind that
vote. Mrs. Moody continued by saying if
she was one of the neighbors near Mr. Brogan, she would be very, very opposed
having more of the Brogan property being turned into a mulch dump.
Keith
Lasure said there has been a lack of cooperation from the Brogans. Russ Goffus agreed the Brogans have not been
cooperative and stated if they had, the township would be willing to work with
them. Much discussion followed.
Mr.
Goffus said it is his recommendation to deny the B-3 and automatically go for
the comprehensive zoning and that this needs to move swiftly. Goffus said the township doesn’t want trucks
and mulch piles.
Mr.
Brogan stated he’s not talking about the mulch business at this time – he is
talking about the .87 of an acre and said it was no ones business what he does
with the rest of it. Goffus said it is
our business and if there would be a comprehensive zoning of the area, it would
involve the mulch business.
Todd
Bosley said the problem (as he sees it) is that there is not proper sewage to
do any type of business and it would be very expensive to put in a sewer
system.
Keith
Lasure said the B-3 zone change should be solved now and then move forward to
see what could be done. Again, much
discussion followed.
October 13, 2005
(Cont.)
Russ
Goffus said the best use of this property would be some type of business. He said the B-3 request would most likely be
denied but the question is should it be modified to a B-1 or B-2 or go for the
comprehensive zone change immediately.
Discussion followed.
Mr.
Brogan said Attorney Jakmides told him not to buy this building because it
would be a zoning problem. Mr. Brogan
said the only thing he knows to do is to knock it down. Mrs. Macdonald asked Mr. Brogan if this could
be a solution and Mr. Brogan said yes, that his boys wanted him to tear it down
from the beginning. Goffus said he feels
this area still needs to be looked at for comprehensive zoning. Keith said he would contact RPC to set up a
meeting.
Discussion
was then held whether or not to deny the B-3 tonight. Secretary, Sharon Shaub, explained the Board
has twenty (20) days from tonight to make a decision. Much discussion followed.
Virginia
Macdonald motioned to take advantage of the twenty (20) days and to ‘continue’
tonight’s hearing regarding the Brogan property on
CONCERNS OF CITIZENS (CONT.)
Mike
Lynch of 7293 Hahn commented on the construction of the
CONCERNS OF TRUSTEES:
Update
on Fairhope Ditch: Virginia Macdonald reported she spoke to CT Consultants. Rob Graham will contact the township office
with dates to meet on site with the trustees to go over details on this
project. Advertising will not be
necessary because no decision will be made.
Alternates
for ZC/ZBA: Discussion was held regarding the need for alternates on the ZC/ZA
Boards. Township secretary, Sharon
Shaub, will check with other townships to see what they do and also with Sharon
Miller to find out if the Boards could crossover between each other to serve as
alternates.
Terms
expire 12/31/05 for Louise Vance (ZBA) and Ed Metzger (ZC): The Board agreed to
advertise in the Louisville Herald for terms expiring on 12/31/05 for Louise
Vance on the Zoning Board of Appeals and Ed Metzger on the Zoning Commission
Board. Since a legal notice is not
necessary, the ad will be put in as a public notice.
Trick
or Treat: The Board agreed to hold Trick or Treat in conjunction with the
OLD BUSINESS:
Adopt
Travel Policy: Clerk Harmon modified the Travel Policy and asked the Board to adopt
the new Travel Policy. Russ Goffus
motioned to adopt the Nimishillen Township Employee Policy Manual for Travel,
as written, seconded by Todd Bosley. All
voted yes. Motion carried. (Copy attached)
RES#05-231
Sirpilla
property annexation: The township secretary will call the
APPROVAL OF MINUTES:
Virginia
Macdonald motioned to approve the September 22, 2005 Minutes, as written,
seconded by Russ Goffus. All voted
yes. Motion carried. RES#05-232
CONCERNS OF THE CLERK:
Transfers
per Res. #05-005:
September 24, 2005:
·
$30,910.00 From: 1-A-25 Contingency
To; 1-C-01
Salaries
October 6, 2005:
·
$ 3,000.00 From: 1-A-25
Contingency
To: 1-D-09
Other Fire Expense
October 13, 2005
(Cont.)
Request
advance for Inheritance Tax: The clerk requested the Board to make a Resolution
to request advance for Inheritance Tax – so moved by Russ Goffus, seconded by
Todd Bosley. All voted yes. Motion carried. RES#05-233
Request
for amended certificate for FEMA Fire Grant: The clerk requested a
Resolution for amended certificate for FEMA Fire Grant for $99,180.00 – so
moved by Russ Goffus, seconded by Todd Bosley.
All voted yes. Motion carried. (Copy attached) RES#05-234
APROVE PURCHASE ORDERS:
Russ
Goffus motioned to approve all purchase orders, seconded by Todd Bosley. All voted yes. Motion carried. RES#05-235
APPROVE FINANCIAL REPORT AND PAY BILLS:
Virginia
Macdonald motioned to approve the Financial Report and pay bills in the amount
of $13,525.22, seconded by Todd Bosley.
All voted yes. Motion
carried. (Copy attached) RES#05-236
SIGN CHECKS AND ADJOURN:
Russ
Goffus motioned to sign checks and adjourn, seconded by Virginia
Macdonald. All voted yes. Motion carried. RES#05-237
The
meeting adjourned at 9:10 p.m.
______________________________
___________________________________________
ATTEST: CLERK/TREASURER VIRGINIA
K. MACDONALD, TRUSTEE PRESIDENT
CARLENE HARMON
__________________________________________
TODD
D. BOSLEY, TRUSTEES VICE PRESIDENT
___________________________________________
RUSSELL L. GOFFUS, TRUSTEE