Nimishillen
Township
July 28, 2005
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
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
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 www.fema.gov/nims
and click on NIMS Compliance.
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
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.
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
CONCERNS
OF CITIZENS:
Linda
Shier of 8710
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.
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
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.
CONCERNS
OF TRUSTEES:
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
Goffus
said the fee for the facilitator would be split between the City of
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
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.
RECYCLING/COMPOSTING:
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
NEWSLETTER:
Items
for the fall newsletter will be due at the next trustees meeting on August 11th,
2005.
NEW
BUSINESS:
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
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.
APPROVAL
OF MINUTES:
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
CONCERNS
OF THE CLERK:
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
APPROVE
FINANCIAL REPORT AND PAY BILLS:
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
EXECUTIVE
SESSION:
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.
SIGN
CHECKS AND ADJOURN:
Virginia
Macdonald motioned to sign checks and adjourn, seconded by Russ Goffus. All voted yes. Motion carried. RES#05-189
July 28, 2005,
(Cont.)
______________________________
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ATTEST: CLERK/TREASURER
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TRUSTEES