Nimishillen
Township
May 12, 2005
On
Thursday, May 12, 2005, the Board of Trustees of
The
meeting opened with the pledge of Allegiance.
GUEST
SPEAKERS:
1)
John Kurtzman, Chief Counsel
John Ferrero,
Stark
John Ferrero, Prosecuting Attorney, stepped to the podium stating they occasionally like to attend meetings to let townships and residents know they are there to assist them in any way they can. Mr. Ferrero introduced Chief Counsel, John Kurtzman, stating that Mr. Kurtzman has many years of experience in civil law, such as zoning and real estate.
Mr. Ferrero explained about the budget cuts that took place a couple years ago making it necessary to cut off answering zoning questions for townships until the sales tax passed. He said they now have five (5) attorneys in the civil division, which isn’t nearly enough stating they have seventy (70) civil clients including all townships in Stark County who do not have their own law director, the Board of Veteran Services, School Boards, etc. Mr. Ferrero said they do the best they can with the manpower they have.
Mr. Ferrero commented on an article he recently read stating it takes over six (6) months to get a case into court. He said that statement was not necessarily accurate. He explained that once a case is filed, it might take that long to get out of court explaining they have to go by the court and judge. Each judge has a different docket and it takes longer with certain judges. He stated they do try to address our needs on a timely basis and assured the Board that they are available and wanted to let the residents know if they have a question or a problem, they should go to the trustees first. The prosecutor’s office cannot answer resident’s questions because residents are not clients but the Board of Trustees are clients.
Mr. Kurtzman introduced himself and said Mr. Ferrero said it all. Mr. Ferrero thanked the Board for the opportunity to speak, and the elected officials and residents in the audience gave them a round of applause.
Todd Bosley thanked Mr. Ferrero, Mr. Kurtzman and their staff for their availability, their assistance and for all the concessions they make for our township.
Resident Terri Huckels
of 8730 Easton stepped to the podium and asked the prosecutors about
the current investigations in the township and about the request for a State
audit. She said the people of the
township are entitled to answers. Mrs.
Huckels wanted to know who is representing the people of
Mr. Ferrero said Carlene would have to handle the audit. Regarding the other two issues, he explained that when a crime is committed, it is presented to them after the investigation is complete. They do not do investigations because it is their job to prosecute -- they cannot do both. He continued to explain the issues mentioned are township issues and it’s up to the trustees to decide if they want to proceed. Mr. Ferrero said nothing has been presented to them at this time but said he would check with the Sheriff’s Department on the status of the investigations. Discussion followed.
2) City of
Tom Ault, Manager, City of
Jim McBeath, Director of Service Operations,
City of
Mike Starkey, Project Engineer, Burgess
Niple
Ed Muccillo, Project Manager, Burgess Niple
Tom
Ault, Manager, City of
Mr.
Ault said they are proposing to install a water line down
May 12, 2005
(Cont.)
Mr.
Muccillo spoke referring to an aerial photograph and said the city did a water
study about five or six years ago. He
said the water line shown is in the pavement for two reasons:
- There is a significant
ditch on the east side of the road, and
- Beyond the ditch is a
row of power poles, which takes up most
of the right of way.
There are several benefits from this water main:
· Five fire hydrants for fire protection
· Clean water for residents who live there
· Potential savings for homeowners insurance due to hydrants
(1100 gallons of water per minute and 56 PSI, which doesn’t get much better than that on a
12” line)
· The city will construct the water line themselves
Virginia Macdonald asked how many homes would be serviced. Mr. Ault said they are not servicing any homes at this time – it will service the city’s industrial park.
Todd Bosley asked how long this project would take to
bury the water line down
Russ Goffus asked about stubbing and the possibility of a resident wanting to tie into the water line. Mr. Ault explained if they knew ahead of time a resident requested to tie in, they would stub it at that time. As of this time, there has been one request.
Todd Bosley asked how much it would cost a resident to tie into the water line. Mr. Ault stated he did not have this information at this time.
Virginia Macdonald asked if they had permission from
Russ Goffus asked about future plans. Mr. Ault said it is their hope the water line would run east and south and a big part of this is already in the city. Discussion followed.
Resident Cheryl Smith of 3595 Beck stepped to the podium and asked Mr. Ault if this does not get passed as far as the water line, does that stop the plan to zone the area heavy industrial. Mr. Ault said the water line and zoning issues are separate issues but any use of that property would require water. One of the two primary reasons for wanting this water line is to service the industrial park in the future and to improve the quality and quantity of water.
Ms. Smith then asked Mr. Ault to explain
‘industrial’. Mr. Ault said its I-2
Heavy Industrial. Concerns to
Ms. Smith asked what is mandated in an industrial area such as buffers. Mr. Ault said they would do their best to address those issues and protect residents.
Virginia Macdonald asked if there was water at J &
L. Mr. Ault said yes but raw entry
water. Ms. Macdonald said there might be
another avenue to explore taking water down through the center as opposed to
coming through
Mrs. Macdonald said it is her opinion a lot of questions need to be asked regarding this water line and it is up to the Board to protect township roads and township interests.
Mr. Goffus asked about a line running down the Macomber property on Tulane. Mr. Ault said there is. Discussion followed.
May 12, 2005
(Cont.)
Mr. Bosley asked if there was any kind of protection the city could give the township if a resident wants to use the water so we don’t have to face an annexation problem in that area. Mr. Ault said annexation is a negotiated settlement at this time. It is their policy water is not extended without annexation agreements in place.
Resident Terri Fidelholtz of 2828 Ravenna stepped to the podium asking how much acreage Jeffries owns. Mr. Ault said 330. Terri asked out of the 330 acres, what would be done with all the industrial property that is not currently up and running. Mr. Ault said they would run water lines down Beck and residents on Beck would have access to this water line if they choose to. Terri also commented on the transfer station. Discussion followed.
Russ Goffus questioned about not giving water without being annexed referring to Sherwood having interest in water and asked if Sherwood would be annexed. Mr. Ault said they would not be annexed or any attempt would be made to annex until they are contiguous to the boundaries of the city. Mr. Ault said there are over a dozen annexation agreements existing at this time with property owners in the township who have obtained water service and at some point they would be talking about a number of things from combining service to eventually talking about a merger.
Mr. Goffus asked if water is on the other side of the road at J & L. Mr. Ault said he believes it is but isn’t sure. There’s a 6” water line that runs just east of Constitution between him and the doctor office. The waterline crosses the tracks but not the creek. Discussion followed.
Resident Mark Rumble of
3094 Ravenna stepped to the podium and questioned Mr. Ault about the
loop coming far south of S.R. 44 by the water treatment plant and now all of a
sudden the plans have changed. Mr. Ault
said his position has not changed explaining he wants the water connection to
be as far south as possible to provide the best possible water service to all
customers in that region.
Resident Linda Shier of
8710 Easton said everyone knows the City of
Mrs. Shire commented on the
Resident David Scherer of 916 High asked ‘Jeffries’ to be clarified. Mr. Ault said when referring to Jeffries, he is referring to the Joseph A. Jeffries Company.
At this time, Todd Bosley asked if there was anyone else who wanted to ask questions or make any comments.
An unidentified person from the audience stepped to the podium and said the zoning question which related to future use certainly had merit to be asked and to be responded to but until there is actual application, those questions are mostly premature.
Resident Bill Blackmer of 3505 Maplegrove stepped to the podium. He said he has nothing to do with the waterline but he does have concerns with water. He said he is flooded with water and said he keeps his ditch clean but his neighbor does not. He would like the township to clean his ditch. Mr. Bosley asked Mr. Blackmer if he contacted anyone about it and Mr. Blackmer said he had not because it would not do any good.
Mr. Blackmer then asked about the speed limit and wanted to know where it stops. Discussion was held and Mr. Goffus said they would check into this.
Mr. Blackmer then went back to talking about his ditch and his neighbor’s ditch and asked
if the township would put in a catch basin. Mr. Goffus said they would take a look at it.
At this time, Virginia Macdonald thanked Mr. Ault for coming. Mr. Ault said if anyone had any questions, they could call him at the city. Mrs. Macdonald said they would consider all the facts before making a decision on the water line on Beck Avenue.
8:00
P.M.
Excuse Students: Virginia Macdonald excused the Louisville High School Government Class Students and the elected officials signed their papers.
Nimishillen
Township Board of Trustees
May 12, 2005
(Cont.)
FIRE
DEPARTMENT:
(Chief Rich Peterson)
Letters
of Support to Dispatching Agencies: Todd
Bosley reported Rich is applying for grant money for dispatching equipment for
Station #3 and has requested letters of support to be sent to thirteen (13)
agencies asking them for a letter of support to send to Congressman Regula to
let him know how important this is and that we are all united. Bosley said he would draft the letter. The Board agreed.
Rich
stated each of the trustees has a copy of the May 2nd letter from
Congressman Regula. The earmark project
has received initial subcommittee review but the subcommittee is reiterating
that the application hasn’t involved coordinated centralized county
affect. Rich stated this project does do
that and said he did talk to Mr. Mullen and he said if the Board of Trustees
could send out letters again to other elected municipalities, they would be
well received.
Annual
Run Reports: Rich Peterson said he gave the
trustees copies of the 2002, 2003 and 2004 run reports and said this is just a
sampling of the queries they can do. For
specific details, they are broken down by month, time of day, etc. Paramedics are on calls 99.88% (almost 100%
of all calls). Some calls are basic
calls and do not count as ALS. The
report also shows calls per section, per district, years of service, types of
calls which are broken down to fire, EMS, rescue and then individual runs per
locations and last is individual unit runs showing response times. Response time is always under one (1) minute.
Request
for Resolution for Firefighter Applicant Brian Ferguson: Chief Peterson reported Brian already has his
Fire/EMT training and also has dispatching experience.
Russ
Goffus motioned to start the application process for Firefighter Applicant
Brian Ferguson seconded by Virginia Macdonald.
All voted yes. Motion carried. (Res#05-107)
Fire
Station #3 Building Construction Update: Peterson reported footers are poured for the
basement area. The rough grade is
done. Everything is on schedule. The waterlines are in as well as sewer and
drainage lines.
Peterson
reported there is one change order but it is still within the allowance. There was an additional piping requirement
for one of the 18” storm lines in the front - $345.00. Peterson said he could bring change orders to
each meeting to be signed. The Board
agreed.
Depending
on weather, the estimated completion for Station #3 is December 2005.
Rich
reported there is a job meeting this coming Monday at 8:30 a.m. but they are
looking to changing the meeting to 3:30 p.m. in the future.
The
temporary dispatch cutover date is Wednesday June 22nd.
Pancake
Breakfast: Peterson reminded everyone of
the free pancake breakfast Sunday May 15th at Station #1 from 8 a.m.
to 12 noon. Todd Bosley announced Dick
Goddard would be there at 10 a.m. and encouraged everyone to come and meet
him. Rich said the new ambulances are
arriving tonight and would be on display at the pancake breakfast.
ROAD
DEPARTMENT:
(Superintendent Kevin Swartz)
Flail
Mower for Ford Tractor: Kevin reported the price of the Flail mower is
$8,765.00 plus freight. Goffus feels the
township should purchase the mower because it would be a better mowing apparatus. Kevin said it would be switchable. Mr. Bosley said he feels $8,700 is a lot of
money.
Virginia
Macdonald asked if anyone looked into the cost of leasing. Kevin said there are companies who do this
and they could probably give us a quote.
Discussion was held as to who would do the mowing and what piece of
equipment would be used.
The
Board agreed to table purchasing the Flail mower until Kevin can get some
prices.
Road
Levy Renewal: Discussion was held on renewal of the road levy. Todd Bosley said Attorney Dick Kuhn would be
available to write the ballot language for the renewal. This would be at a minimal cost because it
would just be a matter of changing the wording.
Todd Bosley said he talked to Doug Thorn at the Auditor’s Office. Mr. Thorn said it was optional if the
township wanted to put it on in the fall.
The Board agreed to put the renewal on the November ballot.
Todd
Bosley motioned to pursue the renewal of the one (1) mill road levy to be put
on this fall’s election seconded by Russ Goffus. All voted yes. Motion carried. Mr. Bosley said he would work with Mr.
Kuhn. (Res#05-108)
Nimishillen
Township Board of Trustees
May 12, 2005
(Cont.)
Road
Report for May 12, 2005: Kevin Swartz read his Road Report for May 12,
2005. Russ Goffus motioned to approve
the Road Report for May 12, 2005, as written, seconded by Virginia
Macdonald. All voted yes. Motion carried. (Copy attached) (Res#05-109)
ZONING DEPARTMENT: (Keith Lasure)
April
2005 Zoning Report for Stark County Auditor: Russ Goffus motioned to
accept the Stark County Auditor’s Report for April 2005 seconded by Virginia
Macdonald. All voted yes. Motion carried. (Copy attached) (Res#05-110)
Zoning
Report for May 12, 2005: Keith Lasure read his May 12, 2005 Zoning
Report. Todd Bosley motioned to accept
the May 12, 2005 Zoning Report, as written, seconded by Russ Goffus. All voted yes. Motion carried. (Copy attached) (Res#05-111)
The trustees agreed to have the yard mowed at 7615 Willow Street. Due to the problem of black mold, Mr. Lasure said he would get a price to have the house tore down.
CONCERNS
OF CITIZENS:
Resident Rebecca Harden of 6556 Winter Street addressed the trustees regarding putting in a culvert along the side of Winter Street to resolve a water problem due to water runoff from S. R. 44 to Georgetown. She said they never had a water problem until her neighbor, Mr. Shafer, changed the natural water flow. She brought pictures and showed the Board. Much discussion followed. Virginia Macdonald and Russ Goffus said they would check it out.
Mr. Bosley asked Mrs. Harden what she would propose to fix the problem. She said her proposal is in The Narrative where it says no person shall wrongfully obstruct….. (Copy attached) Mr. Bosley said the key word is ‘obstruct’. Discussion followed.
Resident Richard Glass of 1724 E. Main Street said he lives in the City of
Louisville and just came to the meeting to see what township meetings were
like. He talked about water problems and
water flow from Georgetown Road.
Resident Mark Shafer of 6590 Winter Street asked if there were some
aerial maps that show the flow of the water.
Mr. Bosley said yes. He continued
by saying water comes from Georgetown & 44 and he sits at the lowest
point. He said his driveway is on a
slope going down into his garage and said there is no way to change the flow of
the water. He said the problem is the
12” pipe cannot handle water from a heavy rain.
Discussion followed.
Resident Peggy Hardesty of 6566 Winter Street asked about the ditch and if it would
take care of her yard. She said the
water problem has gotten so bad in the last year that when she takes her dogs
out in her back yard (after a rain) she has to wear boots. Discussion followed.
Todd
Bosley said the problem on Winter Street comes down to a neighborhood
dispute. Mr. Bosley said he would put in
an 18” storm sewer if the Board would agree.
Mrs. Macdonald said she has the complete picture now and since Todd has
already looked at this problem, they, the Board, will continue to pursue it.
Resident Michael Ondo of 5339 Francesca wanted to know what has been
decided to do about the stretch between Broadway and Willis.
Mr.
Bosley said this is listed under Concerns of Trustees. The Board agrees the ditch needs to be closed
in but the question is the cost to residents.
Mr. Bosley said he feels that the township should pay a certain
percentage of the cost or at least put money towards this project because some
of the residents cannot afford it. The
cost would be approximately $1,300.00 per household and out of that $1,300.00,
$800.00 (per household) would be for the pipe.
Mr. Bosley feels a feasible solution would be for the residents to pay
for the pipe and the township buy the catch basins, gravel and provide dirt.
Virginia Macdonald said she would rather talk about this when they get to Concerns of Trustees because these are big decisions that take a lot of looking into – not only the road budget – but also finding time as to when this project could be done. Mr. Ondo said he is tired of waiting and wanted a ballpark time frame when this project would be started.
Discussion was held on the same type of job that was done on Noel. Mr. Bosley said the Board talked about this (at the 2nd meeting after he took office) until about September. The township paid for it after the Board approved it stating that three houses were done.
Nimishillen
Township Board of Trustees
May 12, 2005
(Cont.)
Resident Mrs. Friedman of 5362 Francesca said because of the Noel job,
the precedence has been set and they feel they township should pay for the
Francesca Ditch Project. Mr. Bosley said
the township piped the whole ditch on Maplegrove as well. Russ Goffus and Virginia Macdonald said they
would have to recheck these jobs to see who paid for what.
Mr.
Goffus said there has been a lot of controversy about pipe and as a Board they
passed a Resolution stating how this would be dealt with from thereon. The Resolution stated the only time the
township would do any work (as far as driveway culverts) was if the township
was ditching through a project and all of the expense would be the property
owner’s responsibility. He said they, as
a Board, agreed to this and this is what is currently on the books. Goffus said if the township does the
Francesca Ditch Project, it would be up to the property owner to pay for
everything.
Mr.
Bosley said this situation is completely different. Mr. Goffus said the only way the township
could pay would be to change the current policy and that it would have to be
done equally and fairly for everyone.
Discussion followed.
Mrs.
Friedman said she doesn’t understand why it takes so long to make a
decision. Much discussion followed. Kevin said it looks like this project could
be complete by mid June or July. It was
decided the cost would be discussed under Concerns of Trustees.
CONCERNS
OF TRUSTEES: (Virginia
K. Macdonald, Todd D. Bosley and Russell L. Goffus)
Award
Road Sweeping quotes: According to Stark County Prosecutor, David Bridenstine, the
road-sweeping contract should be awarded to Buckeye Sweeping at $74/hr not to
exceed $3,950.00 (see attached), so moved by Russ Goffus and seconded by Virginia
Macdonald. The voting went as
follows: Russ Goffus – Yes; Virginia
Macdonald – Yes, Todd Bosley – No.
Motion carried. Discussion was
held on how this quote was awarded.
(Res#05-112)
Resident Bob Kisling of 4855 Fruitland asked to have the letter
read that was sent to those who sent in quotes.
No one had a copy of the letter.
Award
2005 Road Material Bids: The contract was awarded to LaFarge No. America
(East Ohio Stone), Hughes Contracting and Central Allied Enterprises. Note: Recommendations of award are not
strictly based on lowest bid, but plant location is taken into consideration
when making the award for fob plant price (our trucks/pickup). (Copy attached)
Russ
Goffus motioned to accept the awards as quoted and written by Kevin Swartz
seconded by Virginia Macdonald. All
voted yes. Motion carried. (Res#05-113)
Francesca
Ditch Project: It was estimated this project
would include 22 houses. The cost per
home is $1,300.00, which equals a total cost of $28,600.00. Mr. Bosley said the residents are willing to
buy the pipe at a cost of $800.00 per household. The cost to the township would be
approximately $10,000.00. Clerk Harmon
said the road department budget is in good shape.
Virginia
Macdonald commented that a letter should be sent to each resident and each
resident must sign an agreement agreeing to pay for the pipe. Todd Bosley suggested that Marlboro Supply
bill each household directly and they, in turn, pay them. This would eliminate the township acting as a
collection agency.
Russ
Goffus questioned if the township would do this for every resident and, if so,
policy has to be set. Discussion
followed.
Kevin
suggested the trustees go look at Kauth Allotment stating this allotment has a
variety of ditches, storm sewers and piping.
Mrs. Macdonald said she would like to take a look at it.
Discussion
was held stating this project would take place – the only question is
funding. The Board agreed to table this
until the next meeting on May 26th, 2005.
Sunscape
Sidewalks: Discussion was held whether or not sidewalks should be allowed in
Sunscape Allotment stating that 2/3 of the allotment has sidewalks and 1/3 of
the allotment do not have sidewalks.
Russ
Goffus said the Board did not approve sidewalks in Phase 1 and that is why they
did not approve them in Phase 3. Goffus
continued to say if the residents want sidewalks, it would be at their cost and
upkeep and the liability would fall under their homeowner’s insurance stating
the main concern is township liability.
Todd Bosley suggested talking to Joe Underwood. Discussion followed.
Nimishillen
Township Board of Trustees
May 12, 2005
(Cont.)
Todd
Bosley said it is his understanding to allow residents to put in sidewalks but
only if it is 100% unanimous by all homeowners, have them inspected and
the township would have no liability whatsoever. The Board agreed.
Mr.
Murphy – 6450 Apple Street – Driveway Culvert: Mr. Murphy wanted to know
if he would buy the culvert for his driveway if the township would put it
in. Russ Goffus said the township has a
policy that we do not put in driveway culverts unless we are ditching
through. The Board agreed stating Mr.
Murphy would have to hire someone else to do it.
Request
Speed Study for Broadway Avenue: Todd Bosley said this speed study would be from
S.R. 62 to Louisville Street. Bosley
said he had a complaint from a resident who is concerned about heavy truck
traffic. The speed limit currently is
45. Secretary Sharon Shaub called the
Stark County Engineer’s office and they said a speed study had never been done
on Broadway and felt Broadway would be a good candidate for one. Even though Broadway is a county road, the
township can request a speed study. The
Board agreed to request a speed study for all of Broadway Road. Township employee, Tillie Kinsley, will check
further on this and it will be discussed at the meeting on May 26th.
Roush
& Jones, 9800 Georgetown – Severe Flooding Problem: Todd Bosley reported to
fix this problem would cost roughly $30,000.00.
The water is coming from Maplegrove and said it’s pure sewer water
coming into these peoples’ basements.
Bosley reported the Stark County Commissioners would have to come up
with the majority of the money. Mr.
Bosley reported what they need is a storm sewer out around behind the back out
to Georgetown Road, which is a county road, but it is affecting township residents.
Winter
Street Storm Sewer Project: Mr. Bosley said this would be tabled until the
next meeting.
Brookview
– Mr. Sickles: Russ Goffus said he did look at this problem and talked to Kevin
about it. Mr. Goffus said one end of the
crossover needs replaced, which would more than likely be done in the
fall. The Board agreed. Todd Bosley said he would let Mr. Sickles
know the township will take care of this at the township’s convenience.
RECYCLING/COMPOSTING:
Solid
Waste Grant for Composting: Russ Goffus reported he attended the budget
meeting last week and pleaded our case again regarding the need for
funding. Goffus said they were very
receptive and would look at the numbers to see what they could work out and be
fair to everyone. Goffus explained to
them our composting program is a countywide facility - it’s not just
Nimishillen Township residents. They
said they would do a study and let us know.
NEWSLETTER:
Virginia
Macdonald reported 6,345 newsletters went out.
Todd Bosley thanked Mrs. Macdonald for all her hard work getting the
newsletter out to the resident. Mrs.
Macdonald received a round of applause.
OLD
BUSINESS:
Written
Quotes for Township Attorney: Zoning Inspector, Keith Lasure, reported he
received a quote from Attorney Jeff Jakmides at $50/hr and from Attorney John
Anthony at $65/hr. The rest were $125.00
and up. Lasure reported the Stark County
Prosecutors would not handle everything we need handled. Discussion followed. The Board decided to wait before hiring a
township attorney.
CORRESPONDENCE:
Stark
County Letter Regarding 9-1-1: Russ Goffus reported the response to our letter
dated March 30th said they are going along with the committee they
formed between the emergency response and following their recommendations. (Copy
attached)
Chief
Peterson reported on a Technology Showcase Update for 9-1-1 Product Information
being held Wednesday, May 25th at 9 a.m. at the Jackson Township
Safety Center. Peterson said this
meeting is not only to look at equipment but to look at all the technologies
available. He is hopeful this meeting
will be good and that it will be structured.
He said it is open to every township, city and village who will be participating. Discussion followed.
APPROVAL
OF MINUTES:
Russ
Goffus motioned to approve the Minutes, as written, from April 28, 2005 and May
5, 2005 seconded by Todd Bosley. All
voted yes. Motion carried. (Res#05-114)
Nimishillen
Township Board of Trustees
May 12, 2005
(Cont.)
CONCERNS
OF THE CLERK: (Carlene Harmon)
Several
transfers were made per Resolution #05-005.
(See
attached)
APPROVE
FINANCIAL REPORT AND PAY BILLS:
Virginia
Macdonald motioned to approve the Financial Report and pay bills in the amount
of $367,355.23 seconded by Todd Bosley.
All voted yes. Motioned carried.
(Res#05-115)
HIRE
EMPLOYEE FOR ROAD DEPARTMENT:
Russ Goffus reported there is a possibility we will be losing part-time road employee, Gary McLaughlin.
Russ Goffus motioned to hire Robert King as seasonal help at $8.00/hr effective immediately seconded by Todd Bosley. All voted yes. Motion carried. (Res#05-116)
SIGN
CHECKS AND ADJOURN:
Russ
Goffus motioned to sign checks and adjourn seconded by Virginia Macdonald. All voted yes. Motion carried. Meeting adjourned at 11:00 p.m. (Res#05-117)
______________________________
__________________________________
ATTEST: CLERK/TREASURER
__________________________________
__________________________________
TRUSTEES