On Thursday, April 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, Trustee Vice President Todd D. Bosley, Trustee Russell L. Goffus and Clerk Carlene Harmon.
The meeting opened with the pledge of Allegiance.
FIRE DEPARTMENT: (Chief Rich Peterson)
Sewer Connection Fee: Russ Goffus motioned to approve the sewer connection permit fee of $1,350.00 for Fire Station #3 seconded by Todd Bosley. All voted yes. Motion carried. Peterson explained the county sewer department declined to waive ½ of the connection fee. The general contractor already paid the permit fee; therefore, a check should be made payable to Babik. This will prevent the need for a change order.
Work Session: Goffus requested a work session with the fire chief and clerk for the purpose of going over numbers for Fire Station #3. The clerk prepared a Four-Year Cash Flow Projection for the Fire/EMS/Dispatch Funding. (Copy attached) Peterson said the expenses would be less than the revenue and explained administration changes, which includes the elimination of District Chief positions, the creation of two Division Chief positions, the elimination of one EMS Coordinator, one Fire Prevention Officer and one Training Officer. Discussion followed. The Trustees decided they would call Rich if they had any questions regarding Station #3.
Station #3 Construction Update: The water lines have been set, hydrants are in, catch basins have been set for drainage and job meetings have been established Mondays at 8a at Station #1. After next week, the meetings will be held on site in the construction trailer. Everyone is invited to attend these meetings. Peterson said the site has been cleaned and they are doing the rough grades. Everything is moving ahead as planned.
New Ambulance: If everything goes as planned, the ambulance units should be delivered the week of May 1, 2005.
Estimate for Upgrading & Relocating Dispatching Equipment ($9,100.00 Payable After Up & Running – Probably July 2005): Russ Goffus motioned to expend $9,100.00 which is an estimate for upgrading and relocating dispatching equipment for the temporary dispatch center upon approval of donation of product seconded by Todd Bosley. All voted yes. Motion carried. W&W Radio will do the upgrading and relocating of equipment.
Approval of Fire Department Applicants as Candidates: Peterson explained the applicants have dispatching experience. Todd Bosley motioned to approve fire department applicants Cheryl Lombardi, Cyle Wright and Barb Prince seconded by Russ Goffus. All voted yes. Motion carried.
EMS Non-Resident Billing Rate Adjustments: Russ Goffus motioned to approve the proposed emergency and non-emergency calls at the rates as listed and that we adopt the new and higher rates seconded by Todd Bosley. All voted yes. Motion carried. (Copy attached)
Fire Department Administration Changes: Chief Peterson reported there will not be another layer of management for Fire Station #3 and explained the changes. (Copy attached) Todd Bosley motioned to approve the consolidation of management positions effective June 1st, 2005, as written, seconded by Russ Goffus. All voted yes. Motion carried.
Pancake Breakfast: The Fire/EMS pancake breakfast
will be held at Station #1 (
ROAD DEPARTMENT: (Superintendent Kevin Swartz)
Quotes for Allotment Sweeping: The following five (5) quotes were received:
Awarding of allotment sweeping will be announced later.
Interviewing Road Applicants: Seven road applicants will be interviewed on Monday May 9th at Fire Station #2 starting at 6:30 p.m. at 10-minute intervals.
April 28, 2005 (Cont.)
Francesca Ditch Project (Tabled Until May 12th Meeting): Discussion was held on the Francesca ditch project. Todd Bosley feels the township should take care of the cost of the gravel, limestone and catch basins because this problem is not the resident’s fault.
Russ Goffus feels the township could supply materials to the residents at our cost.
It was estimated it would cost $100.00 per resident for gravel, $100.00 per resident for limestone and $225.00 for the catch basin. The average homeowner’s cost at 100’ of frontage would be roughly $1,300.00 to $1,400.00.
Virginia Macdonald said she would like to gather more information before she would agree to pay for it.
Todd Bosley asked if there was anyone in the audience who would like to step to the podium regarding this project.
Russ Goffus said he understands the burden to residents but said if the township would do this for the people on Francesca, the township would have to do it for all township residents. Discussion followed.
Allotment Sweeping (continued): Kevin Swartz said he feels the allotment sweeping should be awarded to Jeffries for $60/hr because that’s how it was worded in the letters that went out – to quote a ‘per hour’ charge not to exceed $7,000.00. The lowest quote per hour was Jeffries. Discussion was held regarding Buckeye’s quote at $74/hr but not to exceed $3,950.00 vs. the lowest hourly rate, but the lowest hourly rate ($60/hr) could use up the whole capped amount of $7,000.00.
Goffus continued by saying the problem is which one is more reasonable – by the hour or the end result. He said next year the wordage would have to be changed.
Macdonald commented on the fact that the township is in litigation with
Jeffries; therefore, questioned if the township could award a contract to
Jeffries. She said she would call the
litigation attorney (Latchney) and also check with our insurance company. Bosley suggested it would be a good idea to
check with the
Report for April 28, 2005: Kevin read
his Road Report adding verbally they were on
PM: (Excuse Students, Brogan Hearing &
Students: Virginia Macdonald excused the
Hearing: Hearing for zone change for Paul D. Brogan:
Owner Brogan Family Trust for reclassification of land, a 3.53 acre tract
located on the northwest corner of the intersection of
Macdonald reported Regional Planning Commission recommended DENIAL and the
· Ed Moody of 7018 Pilot Knob read his concerns regarding the Brogan hearing and asked the trustees to deny this zone change. (Copy attached)
April 28, 2005 (Cont.)
Mr. Bosley reported he and Keith met with Regional Planning. Keith explained the zone change could be adopted as industrial but the business doesn’t fit no matter what it’s zoned. He stated the Zoning Resolution would have to be rewritten to cover this and said grinding is the problem. It would have to be done inside a building and both Regional Planning and Prosecutor said this business does not fit. RPC said the whole corridor could be looked at and could be a B zoning.
Mr. Lasure stated young Mr. Brogan is a very nice man but has been uncooperative in cleaning the property.
Mrs. Macdonald asked everyone to keep in mind the hearing tonight is for a zone change only and not the nature of the business.
Macdonald motioned to adopt the recommendation of the
Mr. Bosley said he and Keith did look at that option but there is no conditional use permit available that would fit within the Zoning Resolution. Mr. Goffus said there would be more options to explore in selling mulch but there is no option for grinding mulch. Goffus said the Zoning Resolution does have to be addressed and we need to do it properly as other townships have done.
Mr. Bosley questioned if the township extended the use of the land while this all went on. Mr. Lasure said he’s gone far beyond what he normally does to try to find a way for Mr. Brogan to stay in business and he said its just not there. More discussion followed.
Mrs. Macdonald said a motion has been made and at this time, Russ Goffus seconded the motion. All voted yes. Motion carried. (Res#05-099)
zone change for Mr. Brogan was DENIED by the
ZONING DEPARTMENT: (Keith Lasure)
Zoning Report for April 28, 2005: Mr. Lasure read his Zoning Report. Todd Bosley motioned to accept the written Zoning Report for April 28, 2005 seconded by Russ Goffus. All voted yes. Motion carried. (Copy attached) (Res#05-100)
Virginia Macdonald wanted to know who has the final say on permits when building a new house and determining flood plains, etc. Mr. Lasure explained it first goes to RPC and after they approve the plot plan (RPC does not physically go out and check the site) it then comes to the Township Zoning Office for a permit. Keith said he does not have the right to turn it down. From the Township Zoning Office, it then goes to the Stark County Building Department. Mr. Bosley said the County should adopt stricter standards as to where a house can or cannot be built. Discussion followed.
April 28, 2005 (Cont.)
CONCERNS OF CITIZENS:
Mrs. Huckels asked if a date had been set for the audit. Mrs. Harmon said no date has been set but she would call the Auditor’s Office again.
Mrs. Huckels asked if there was any follow up on the investigations. Clerk Harmon said she is going to the Sheriff’s Office in the morning and Mrs. Macdonald said she also has go to the Sheriff’s Office tomorrow morning.
Mrs. George said the storage company would like to give the township boxes for filing, new locks that will not rust or freeze in the winter and would like to donate a storage unit to the township (either 2 10x10’s or a 10x20) to be used by the township garage, fire department or offices.
Mrs. Macdonald questioned the purpose of the township accepting something and said she doesn’t think the trustees/township could accept gifts or donations but stated it was nice of them to offer. Mrs. Macdonald gave the locks back to Mrs. George until it can be investigated whether or not the township could accept gifts.
Russ Goffus said, “We are creatures of statute and
we have to follow whatever the
Mrs. George also commented on the Francesca project and feels the township should not pay.
Todd Bosley explained the biggest reason ditches are a problem is because the township has very poor ditches. He said to forget about the flooding issue – without good ditches, water lies on the roads and destroys them. This is why ditching is a priority for him. The township now has a good piece of equipment to do ditching. Discussion followed.
Mr. Rumble also commented on building permits and said the Stark County Building Department has flood maps and said they are the ones who should determine a flood plain. If houses are built in a flood plain, then they should be high enough so people don’t get water in their homes. Discussion followed.
April 28, 2005 (Cont.)
CONCERNS OF TRUSTEES: (Virginia K. Macdonald, Todd D. Bosley & Russell L. Goffus)
Rescind Res.#05-063: Virginia Macdonald motioned to rescind Res.#05-063 and motioned to proceed and advertise for the 2005 Road Improvement Bids to be published in The Repository on Sunday May 8, 2005 for 14 days but not more than 30 days with sealed bids received by 12:00 noon on May 26, 2005 and opening the bids on May 26, 2005 at 8:00p seconded by Todd Bosley. All voted yes. Motion carried. (Res#05-101)
Ratification of Solid Waste District Plan: Virginia Macdonald motioned to approve the Solid Waste District Plan for 2005 seconded by Russ Goffus. All voted yes. Motion carried. (Copy attached) Res#05-102
Workshop: Russ reported the workshop was
about Issue 2 money available for doing projects on roads mostly for road drainage
or sewer. We can apply for Issue 2 money
to split road jobs, i.e. Osnaburg and
Manhole Adjusting Rings: Virginia Macdonald had the township secretary type a letter to the Stark County Metropolitan Sewer Department requesting fifteen (15) rings and lids for the Board to sign tonight. The deadline is April 30th.
and Jones – 9800 Block
had CT Consultants assess the situation.
Gary Connor said this is by far the worst flooding problem in
Nimishillen Township, in fact the whole county.
It will cost approximately $30,000.00 to solve the problem. The
was held whether or not the road department could work weekends to clean the
composting area during peak seasons (Spring & Fall). This would free up time for necessary
roadwork during normal working hours. To
avoid overtime, Mr. Bosley suggested Gary McLaughlin could clean up the
area. Kevin said he would talk to
Joanne Moody said the newsletter is complete and will be mailed out before May 15th. Discussion was held to recruit volunteers to help sort and bundle the newsletters.
Quotes for Township Attorney: Mr. Lasure reported he talked to three attorneys but only has verbal quotes. The quotes range anywhere from $60/hr to $180/hr. The Board asked Keith to get written quotes and present them at the next meeting. This was tabled until the May 12th Trustees meeting.
APPROVAL OF MINUTES:
Todd Bosley motioned to approve the Minutes, as written, for April 14, 2005 seconded by Russ Goffus. All voted yes. Motion carried. (Res#05-103)
April 28, 2005 (Cont.)
CONCERNS OF THE CLERK: (Carlene Harmon)
Transfers per Res. #05-005: One transfer was made on April 19, 2005: $440.66 from 10-A-01 Salaries to 10-A-03 Workman’s Comp.
Amend Certificate: Russ Goffus motioned to amend the certificate in the amount of $309,000.00 and in the amount of $3,100.00 for fire/new buildings seconded by Todd Bosley. All voted yes. Motion carried. (Copy attached) (Res#05-104)
APPROVE FINANCIAL REPORT AND PAY BILLS:
Virginia Macdonald motioned to approve the Financial Report and pay bills in the amount of $43,946.53 seconded by Todd Bosley. All voted yes. Motion carried. (Res#05-105)
SIGN CHECKS AND ADJOURN:
Russ Goffus motioned to sign checks and adjourn seconded by Virginia Macdonald. All voted yes. Motion carried. (Res#05-106)
The meeting adjourned at 9:53 p.m.