Nimishillen Township
June 23, 2005
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.
GUEST SPEAKERS:
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
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
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.
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
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
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)
ZONING DEPARTMENT: (Keith Lasure)
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)
June 23, 2005
(Cont.)
CONCERNS OF CITIZENS:
- Lisa Shafer of 6590
Winter Street – Mrs. Shafer expressed her concerns on the open ditch policy and
read a letter from the Stark
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
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.
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
Mr. Goffus said the County did the work on
- 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
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
- 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
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
At this time, the next resident spoke.
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
- 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
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:
- What will the
residents pay?
- What kind of agreement
will be worked out regarding pipe?
- From Kevin – When can
these projects be done?
- 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.
CONCERNS OF TRUSTEES:
Eastview
Storm Sewer Improvements: Virginia
Macdonald read a letter from the
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
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
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.
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,
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.
EXECUTIVE SESSION:
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)
OLD BUSINSS:
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.
CORRESPONDENCE:
Russ
Goffus mentioned an article that was in The Repository stating that
APPROVAL OF MINUTES:
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)
June 23, 2005
(Cont.)
CONCERNS OF THE CLERK:
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
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
APPROVE FINANCIAL REPORT AND PAY BILLS:
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)
SIGN CHECKS AND ADJOURN:
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.
______________________________________
__________________________________
ATTEST: CLERK/TREASURER
VIRGINIA K. MACDONALD, PRESIDENT
__________________________________
TODD D BOSLEY, VICE PRESIDENT
__________________________________
RUSSELL L. GOFFUS, TRUSTEE