Muskingum Township
Muskingum County, Ohio

Jan. 2011 Minutes




DATE: January 1, 2011


PURPOSE OF MEETING: Re-Organizational Meeting.


OPENING: The Muskingum Township Trustees met in speical session on January 1, 2011 at 9:00 a.m. in the Fire Building.  Trustees Jerry Miller and Mike Maniaci and fiscal officer Jerri newell were present.  Steve Fusner was absent due to illness.


Maniaci nominated Jerry Miller for Chairman.  Miller seconded, all ayed.  Jerry Miller nominated Mike Maniaci for Vice-President, seconded by Maniaci, all ayed.


Jerry Miller made the motion to have Mike Maniaci and Steve Fusner on the Burial Committee.  Seconded by Maniaci.  All ayed.


Jerry Miller made the motion to keep the emergency labor at $8.00 per hour unless they have a CDL (Commercial Drivers License) and then they would be paid $10.00 per hour.  Maniaci seconded.  All ayed.


Trustees Miller and Maniaci tabled the cemetery mowings until February.  Miller will speak with Terry Elson to see how much he will charge the township this year to mow all cemeteries and township building property.


Mike Maniaci made a motion to increase road crew workers, Curtis Salmons and Charles Mattingly by $.25 per hour.  Jerry Miller seconded.  All ayed.


Jerry Miller stated that according to the public records policy, public records will be provided in a timely manner/or the next regularly scheduled meeting.  That there will be a written request advising what records are wanted.  There will be no charge for the first 19 page copies and $.05 thereafter.  Cassette tape copies will be $2.50.  Manicai seconded.  All ayed.


Jerry Miller passed a credit card resolution stipulating who has township credit cards and who uses them and how much can be spent.


Tractor Supply – Two Road Employees & Jerri Newell

Exxon          - Two Road Employees

Lowes for Twp  - Curtis Salmons

All three trustees and Fiscal Officer will have access to the Capital One Visa Card, Tractor Supply and Lowes.  The limits for all cards would be up to $150.00.  If over that amount, permission must be obtained or let trustees know.


Jerry miller made a resolution stating that township equipment can be operated by all road crew and trustees or any other person who has been authorized by the trustees or road crew to do so.  Maniaci seconded.  All ayed.


Jerry Miller made a resolution to have the health insurance premiums and trustees salaries taken from the road and bridge fund and also the general fund.  That trustees must submit monthly documentation stating what type of work was done in the township.  This resolution would then allow for the insurance premiums and salaries to be partially taken out of the road and bridge fund along with the general fund.  Maniaci seconded.  All ayed.


Jerry Miller stated that the public records policy is posted in the township hall, the township garage and the fire station.


Mike Maniaci made a resolution to nominate J.D. Johnson as the Fire Prevention Officer for our township.  He would assume all official duties according to O.R.C.  Miller seconded.  Maniaci ayed.  Miller ayed.


Miller stated the inventory will be done next month and then submitted to the County Engineer.  Falls Township F.D. will give us their inventory also.


The Records Commission, according to the O.R.C. will consist of a Chairman of the Board, this being Jerry Miller and the Fiscal Officer, Jerri Newell will be the Records Commission.  Miller made the motion seconded by Maniaci.  All ayed.


Maniaci made the motion that employees/elected officals who are authorized to use their private vehicles for township business such as conferences, training, etc. will be reimbursed at the standard mileage reimbursement rate established by the I.R.S. of $.50 per mile which is allowable under the O.R.C.  Miller seconded.  Maniaci ayed, Miller ayed.


Trustees agreed to keep the record keeping policies that are in place now, the same as in the past. The same as it is now and according to the handbook we have.  Maniaci ayed.   Miller ayed.


Jerry Miller moved to keep the township meetings the first Thursday of every month at the fire station at 7:00 p.m.  That it will be posted in the newspaper once, on the website and posted monthly on the sign out front.  Any changes or special meetings will also be posted the same.


Storage and distribution of personnel files and personal information.  Jerry Miller appointed Jerri Newell to have control of all files.  Maniaci seconded.  All personnel files will be in a locked filing cabinet at the township building.  There is to be a written request specifying what type of personal information they want.  Newell was informed that she is responsible for all the rules adopted in accordance with this section and will show trustees the requests made; they can sign off on the request which will show they are monitoring the accuracy of the requests. If there is a question of what can or cannot be released Newell is to contact legal council, Bud Chess. If above rules are not followed a written reprimand could be issued from the prosecutors office and could lead to termination depending on the situation. Miller made the motion to accept this procedure.  Maniaci seconded.


Fiscal Officer will keep a copy of all records requests.


Miller moved to adjourn.  Seconded by Maniaci.  All ayed.







                          JERRI A NEWELL, FISCAL OFFICER







Record Commission 2011 Mtg.





DATE: January 1, 2011


PURPOSE OF MEETING: Record Commission meeting.


OPENING: The Muskingum Township Records Commission met on January 1, 2011 at following the re-organizational meeting in the Fire Building.  Chairman Jerry Miller and Fiscal Officer Jerri Newell were present.


Jerry Miller stated there was no reason to destroy or dispose of any records at this time. 

Newell stated she would like to dispose of any audio cassette tapes 2009 and before.  According to the records retention these audio cassettes are to be incorporated into official minutes then retained for one year.  Miller said to go ahead and dispose of any tapes from January 2009 and before. We will keep that last two years.


Proper paperwork will be submitted to the Historical Society for approval.  They will have 14 days to respond to our request.  Before anything is destroyed we will bring this up again at the February meeting.


All other records will be left as they are for now. 


Miller moved to adjourn.  Seconded by Newell.  All ayed.






                          JERRI A NEWELL, FISCAL OFFICER



February 2011 Regular Mtg.





DATE: February 3, 2011


PURPOSE OF MEETING: Regular meeting.


OPENING: The Muskingum Township Trustees met in regular session on February 3, 2011 at 7:00 p.m. in the Fire Building.  All trustees and fiscal officer were present.


The minutes of the December 30, 2010 and January 1st, 2011 Re-organization meeting were read and corrected to read:


“Denny” & Sharon McLoughlin will be building a house on Dillon Lake Drive.


Checks approved and signed for payment.


Jerry Miller advised he spoke with Terry Elson who previously did the mowing of our cemeteries and township buildings.  He advised Miller that due to costs of fuel it would be necessary to raise his rate from $300 per month to $325 per month.  This would include mowing all cemeteries and township buildings.  Maniaci made the motion to accept Mr. Elson for the mowing to begin April 15th and finish October 15th, 2011.  Fusner seconded.  All ayed.


Mike Maniaci submitted his Bureau of Workman's Comp certificate for the completion for the online training required due to a claim being reported during the last year.  Fusner also completed the 2 hours of online training.  Certificates will be put in their personnel files.


Violet Kovaleski wanted the trustees to know that the last time she was at the township meeting she said she was going to check with her insurance company about her homeowners rates going up.  After contacting her insurance company they informed her that it had nothing to do with fire hydrants or anything about the fire department.  It was all about the storm that had happened previously.  She wanted trustees aware of this.


Miller read the monthly fire report from Falls Township.  They had:          15 EMS runs

              5 Fire runs

              4 Non-emergency runs

              1 Other run

Their average response time for January is 7.55 minutes.


Miller also read a letter received from Community Ambulance Service.  From January 2010 to June 2010 their average response time was 9.11 minutes.       92 EMS runs

76 patients transported


Steve Fusner advised that he and Mike Maniaci along with someone from the Health Department visited 6160 Georgia Road in regards to a sewage problem.  It was discovered that this is not a township issue and the health department will do further review to locate the problem.  Fusner and Maniaci also met over on Harper Drive where a resident was upset about tree trimming issues.  She stated that we had cut her tree up very bad and it was discovered we did not.  There was only approximately 5-7 small limbs cut off about the size of your thumb, so there was no damage done to the trees.


Maniaci stated he spent several nights going around to residences homes due to cars/trucks/campers being parked on the streets.  Our trucks have a hard time plowing snow and spreading salt/cinders when there are vehicles in the roadway.  He would like for everyone to please, especially during inclimate weather, to keep vehicles off the streets. 


He also wanted to let everyone know, because of lingering issues going on with petitions being filed against some trustees, he has personally heard from people whose doors have been knocked upon that they are being told that they don't have fire protection.  He wanted to assure everybody in the township that we have never had one day, one hour or one minute without fire or EMS protection.  At no time has there ever been any danger of someone not coming to your home.  Maniaci had a map of the county showing all townships and pointed out where Falls, Licking and our fire stations are located surrounding our township.  At the time of negotiations, Licking Twp told us they were going to put an additional levy on last November so that they would be able to have paid fire people in their station.  He advised in checking with the Board of Elections there was no petition filed nor any new paperwork filed other than their renewal of the levy.  So we would've had two volunteer fire departments.  Now what we have with Falls is a total of 5 engines, 1 ladder truck, 3 jaws of life, 3 defibulalors and 3 advanced life supports (ambulances).  The Falls Twp, Richey Road station has two EMT/Medics on duty 24/7 365 days a year.  The station on Dillon Falls Road has two paid EMT/Medics from 7 a.m. to 7 p.m. everyday and then its volunteered the rest of the time.  What residents have now is at least 4 people on duty for 12 hours and at least two people on duty 24 hours and up to 60 members, 22 of which are advanced medics, which can respond to anyone of these 3 stations.  There are also approximately 12 members from Muskingum Township on the Falls Township fire department now.

Maniaci had the last report submitted by the former fire department which showed a percentage of the runs that the fireman made.  26 members made less than 10% of the runs in our township.  8 members made between 10% to 25% of the runs.  3 members made between 25%-50% of the runs and had 3 members had between 50%-55% of the runs and no member made more than 55% of the runs.  Maniaci also wanted residents to know that the fire levy money does not go to Falls Township.  Every penny goes to Falls Township Fire Department. 


Brian Williams commented that he agreed with what trustees had to do with the old department, but he would've like to have seen the contract split 3 ways instead of all with Falls Township.  This being with Licking Twp, Dresden and Falls.


Marie Whitt wanted to know why this fire station couldn't have worked thing out as smoothly as they done with the transfer over to Falls Township.  Why couldn't the trustees get things to work like that here.  Maniaci informed her of the policies and procedures that needed to be put in place, because the trustees are responsible for everything that happens here.  She was concerned about the certifications of the EMT's and the truck that was suppose to have been purchased and was sitting out there unused, improperly maintained and why things weren't done to code in order to keep this fire department functioning like it is apparently very well now.  Miller explained to Ms. Whitt that we were paying for EMT training, we were paying for fireman training, and that the trustees were actually locked out of the two fire buildings for two years.  That they had not access to these building and were told they couldn't get in unless they were accompanied by the fire department.  They were able to access the building through road crew members who were past fireman and still had codes to gain entry.  Maniaci did advise Ms. Whitt that the trustees are doing what they believe is in the best interest to everybody in this township.  And they believe that the fire department that we employ now is what's best for this township.  And we still have our equipment, Falls Twp FD is using it, but we have not given it to them. 


Tom Huey wanted to know, across the state of Ohio, most rural fire departments are run like Falls Township.  Why wasn't that tried in our township?  Maniaci informed Mr. Huey that the fire department led the trustees at the time to believe that they would not use the money properly.  Therefore, they did not want to turn that over to those people at the time.  Also it had been brought up to the fire members at one time and they declined it.


Thelma Cohagen wanted to answer some of Ms. Whitts questions that were not answered by trustees.  Ms. Whitt asked about what was going on that our equipment was not up to code or up to certification and whose responsibility was that.  Thelma stated it was the fire chief's responsibility by their own policies and procedures.  Thelma stated she was here when Falls Twp FD walked in down here and this equipment was abominable.  It was filthy, the trucks wouldn't pump water, trash piled in the jump seats in the trucks, couldn't get passengers in the back seats safely.  Equipment was thrown everywhere.  The boxes on the trucks, that have set lists of fire equipment, were not there.  Fire hoses were not long enough to be able to siphon water from ponds/creeks.  That one of the trucks pumps was so badly damaged that it back siphoned and blew the gauges.  We actually had fire trucks that couldn't provide our homes with safe fire coverage, they would not have pumped the water. Thelma also informed that she had sat in on work meetings that were set up with the Fire Chief, Ass't Fire Chief and trustees to get policies and procedures and things together so that we could make a better fire department.  After ten minutes, the Chief walked out of the meeting without resolving any of the issues.  Fusner stated that the Chief refused to sign the policies and procedures manual and wouldn't have his members sign. 


Forest Mendenhall stated that he has read past minutes from our website.  What he said he saw this Chief do was nothing short of mal-mis and non feasance.  He wants to know why the trustees have not gone to the prosecutor and requested formal criminal charges for some of the activity done by this ex-fire chief.  Why are his tax dollars being spent on attorneys because of this on-going issue?  When are the trustees going to perform their duties, spend our tax dollars on roads, bridges, fire, things that are necessary.  Not on these out-of-town attorneys. 


Don Clark stated that he was here when our fire department left and Falls Township was here.  That there were empty fire extinguishers in the trucks, looked like a pig-pen in the cabs, wrecked new trucks.  Many timesthe trustees asked who backed the fire truck into the garage door and never got an answer.  Never got fuel receipts they asked for and where is our $20,000 that the Chief ran away with, that previous fire fighters had collected.  He wanted to know where that money is at. 


Thelma Cohagen said that she had spoke with legal representative in regards to the violent actions against Mr. Benson and Mr. Lowe, since they were the two primary officers, and was told that township trustees according to Ohio Revised Code and legal advisement could not file, but that a committee of citizens within the township could do that.  And the money that Mr. Clark was talking about goes back to the same thing.  The money that was taken in through their private checking account can only be addressed through firefighters who were members of that fire dept club. That they can file an action through the prosecutor to get their share of that money, because it's legally theirs, because they weren't incorporated, and they didn't have an article of corporation.


Mr. Menhenhall said there is another agency, that if you marry any public money to private, the I.R.S. can be contacted.  He would like an end put to all this and move on to something positive and stop spending money on these attorney's.


Jerry Miller wanted it noted in regards to the petition that was just recently filed; he received a response from Pierce Manufacturing that states: "Please note that our records show that Pierce Manufacturing sent check #117132 to the Ohio S.P.S. in the amount of $2227.50.  This fee represents .75 percent of the contract price for unit #20682 which was purchased by Muskingum Township Fire Department.  And this letter was from a Senior sales manager, Pierce Manufacturing.  So the truck that we did purchase was under state purchasing program.  Maniaci verified that we did purchase the truck properly.  The other thing mentioned in that petition that Miller wanted to clear up is that one question in their deposition taken from the first case asked, "did we seek the prosecuting attorney for any legal advice?".  And we answered it "no, we did not".  But we did, as we always have, hired an attorney, Shaffer and Peck, as we do when we purchase equipment and must borrow money, used this same legal firm.  We did seek legal council; it just wasn't with the prosecuting attorney.  Maniaci stated that the O.R.C. states you can use the Prosecuting attorney or private council.  So they were well within their means by doing this.  He further stated that they were never asked in their depositions did you get legal council, which they did.  Miller stated if this information would've been asked for before filing a petition it could've been provided to them, but no one ever asked.


Donnie Clark wanted it known that all this isn't just about the fire department.  It's about the roads and it's about other things.  He's been in this township for 18 years and he stated we have some very good roads in this township.  And that these trustees do good things.


Thelma Cohagen spoke about the statement that she sent with her husband at the last meeting.  She said this is the statement that she really wanted read and she wants this on record:  It reads:


"I wish to make the following statement regarding the continual up heaval within this township. 


It is time that the few people who insist on continually causing strife to stop.  You have cost this township many hours of wasted time and tax monies for not.  You continue to push issues that are now moot.  A second suit has been filed for the same issues that are still in the court system of which part of them have been dismissed by the seated judge from outside this county which includes the fire truck issue.  Part of these issues have already been dismissed and the fire truck issue was dismissed.  Why do you insist on doing the same thing over and over again.


Now, I am going to get pointed, sorry if I hurt somebody's feelings.  No, I'm not.  I take that back.  Mrs. Sellars this is directed directly to you;  You've allowed yourself to be used by a couple of people to carry out a vendetta against this township's trustees and have continued to attempt to cause trouble.  What you're telling people is not the truth.  For whatever reason, you refuse to look at the current situation and see the truth.  You're again costing this township money that could be better used elsewhere.  The trustees aren't causing this expense, you are.  This township has been operating in the same manner for 70 years and did need to be brought up to date.  However, once those trifling things were identified, it was time to move on.  Therefore you have accomplished something in that.  The processes within the township have been addressed, updated and otherwise correct.  There has been no preponderance of mal, mis or any other feasance; get over it.  Stop costing me and the other tax payers in this township money for legal fees that could be better spent in a better way.  You have excellent fire coverage and a "squad" that is manned by trained and experience personnel.  What more do you want? 


In any position that I have ever been blessed to have throughout my career, it has been the conviction that if you identified a problem, you needed to have some suggestions for addressing that problem and not to become a part of the problem.  At this point Mrs. Sellars, you are now the problem.  I am asking you to stop this stupidity and this vendetta.  The only thing that you are accomplishing now is to make everyone lock their doors when they see you coming.  You certainly could put that energy to a much better use.  We need to be addressing some of the other things within this township that needs to be done.  We need recreation areas for our kids.  A ball field would be great.  A park for all of us to use.  Those things can't be accomplished when people like you are continually tearing things down, then start building them up.  I invite you to put that energy to work to build this township, not to tear it down.  Thank you."


Tom Huey wanted the trustees to know the reason he came to the meeting, was because he had been hearing different things from different people about our fire coverage and equipment.  He felt this meeting was very beneficial and informative.


Jerry Miller wants it noted that he received an email back from Matt Russell at the county engineer's office that Mr. Russell did receive our Inventory list which was submitted on January 3, 2011.


Thelma Cohagen wanted a message relayed to the townships two faithful employees that she appreciates the work that they have done through this bad weather.  Jones Road has been kept open so that they could get in and out. 


Mike Maniaci said he received a phone call from a gentleman in Kenlo Woods wanting to know why our road crew guy beeps his horn when he comes around the corner when he's plowing snow.  He informed the man that there is someone parking their car in the street and he is trying to get that person to come out and move his vehicle.  For safety reasons, we are asking residents not to park their vehicles along the road.


Lester Vandenbark would like for the township to open the abandoned road from his property line to Rock Cut Road.  He spoke with the County Engineer about whether or not it had been legally closed or not.  Because if it was not legally closed it is still a township road.  As of yet, they have found nothing that shows that it was legally closed.  Vandenbark stated that the proper procedures were not taken to close this road.  Maniaci advised Mr. Vandenbark that the township cannot build or open roads and he will stop by Mr. Vandenbark's residence and show him the proof that the road was legally closed.  Maniaci asked for documentation from Mr. Vandenbark that the road was open. Maniaci also advised that the O.R.C. states that there doesn't have to be petitions or meetings to close roads.  They can close a road anytime they want. 


Miller moved to adjourn.  Seconded by Maniaci.  All ayed.






                          JERRI A NEWELL, FISCAL OFFICER








March 2011 Regular Mtg.





DATE: March 3, 2011


PURPOSE OF MEETING: Regular meeting.


OPENING: The Muskingum Township Trustees met in regular session on March 3, 2011 at 7:00 p.m. in the Fire Building.  All trustees and fiscal officer were present.


The minutes of the February 3, 2011 meeting were read and approved.

Checks were approved and signed for payment.


Lynn Sellars objected to her name being slandered in print and would like it taken out along with the untruths that go along with slandering her name.  And if the trustees chose not to take it out she wants it in the records that they willing slandered her name in print with untruths.  Mike Maniaci advised Mrs. Sellars that the Fiscal Officer was just recording the minutes as they were spoken at the meeting and that neither the fiscal officer nor the trustees were slandering her name.  He informed her that we have a duty to record what goes on in this meeting accurately.  Maniaci advised her that we can put into these minutes tonight that she objects to being slandered but we cannot take them out of the minutes.  Because that was a part of what happened at that meeting and it has to be recorded.  We cannot take things out of the minutes just because we don’t like them.  Mrs. Sellars that she objects again to her name being slandered and the untruths and that she did not tell people lies.


Thelma Cohagen asked Lynn Sellars to define where she was being slandered?  Lynn advised her it was right there in the paper that there were a lot of mis-truths. 


Jerry Miller advised that the inventory sheet has been submitted to Doug Davis.  The miles of road our township is maintaining last year was 46.303 and this year it has went up to 47.175 miles.  There were five roads that weren’t included before.  The cul-de-sacs were but the roads within the cul-de-sacs were not.  Maniaci made the motion to accept the road miles.  Miller seconded.  All ayed. 


Jerry Miller presented a letter received from Century Bank addressed to Harold Newell, PO Box 1206, which had been returned to the bank because of an undeliverable address.  This letter was in regards to securities covered through FDIC.  Along with this paperwork it indicated that the Fire Department’s checking account was closed January 25, 2011.  A certificate summary closed on October 12, 2010 and two debit cards was closed which didn’t have a date. 


Maniaci brought up the issues of the cars parked in the roads.  The lady living at Eric-Adam Road was told by the realtor when she bought the house that she could park in the street.  She advised that they are planning to expand their current driveway and won’t be a problem in the future.  Also advised he had spoke with the residents on North Edinburg in regards to their camper being parked on the road.  Maniaci informed her that as long as that camper is parked on the roadway, they cannot plow that road.  She informed him that was fine, because they pay someone to plow that road.  Maniaci advised that this is the only house on this road.

Mike Maniaci advised that he is in the process to get a snow emergency policy in place but he doesn’t have it prepared at this time.


Maniaci also visited Mr. Vandenbarks house and showed him paperwork where the road was vacated and closed.  And further advised him that his fight is no longer with the trustees, but with the County Commissioners.  In 1931 trustees did sign to keep it vacated. 


Jerry Miller stated that one of the comments brought up in the previous meeting was that our equipment had been given away to Falls.  He wanted everyone to know that he has copies of all truck titles which still show they are titled to Muskingum Township.  And that none of the equipment has been transferred over into Falls Townships name.


Steve Fusner stated he has received numerous phone calls recently in regards to a petition circulator telling them that they did not have a fire department down here and there was no fire equipment here.  These residents were misled.  We do have a fire department and we do have our equipment still here in this building.  Residences claim they were also told that it’s a 3 minute rule before Falls Township will even run.  Which is totally bogus.  As soon as the 9-1-1 call goes out, Falls rolls.  There is nothing to do with any 3 minute rule that this petitioner is telling residents. Fusner said there is a lot of bogus things being said that are not true and the trustees are going to get to the bottom of it.  We will get statements from these residents and proceed with what they have to do.


Maniaci submitted a street sign inventory sheet of the road signs our township is responsible for.  Trustees will work to get a plan together to have all these signs reflective on the bottom parts.  Thelma Cohagen and Vi Kovaleski have volunteered as Senior citizens to ride in an SUV, as the rule calls for, to check these signs. 


Maniaci presented a resolution for Muskingum Township residents to apply for a permit to install a driveway culvert or make any excavation in a township right of way. Permits may be found on the Muskingum County Engineers website or   obtained at the Muskingum County Engineers office.  There will be no charge for such application.  Permits must be approved by the Muskingum Township Trustees before work can begin except that in the case of an emergency requiring immediate action to protect the public, health, safety, and welfare an excavation may be made first without first obtaining a permit if an application is made at the earliest possible opportunity.  This resolution will go into effect March 3, 2011.  Miller thought there should be added to this resolution that we have in place where residents pay for the culvert and we install the culvert for them.  Our township is able to purchase culvert cheaper than an individual would be able to, so then residents would then reimburse the township. 


Maniaci said we would amend the above resolution to read culvert payment is to be provided by the resident and can be purchased through the township at a discount.  The township will install such driveway culverts that are purchased through the township at no charge.  Maniaci will type up an updated resolution and present it at the next meeting. 

Fusner ayed.  Maniaci ayed.  Miller ayed.

Miller stated he will post this application on our website.


Miller presented the fire report from Falls Township.

     10 runs   9 of those were EMS runs-average 8.41 minutes

Jerry Miller also had a list of equipment that Falls added to the fire trucks to bring them up to standards.  A total of 25 items.  Approximately $40,000 in addition to the $21,916.00 previously spent to get the pumps fixed so they could pump water.


Miller wanted to discuss the chip and seal.  County has done it for us the last two years and are able to do it again this year.  It is cheaper for us to use the county but wants to bid out the stone and haul rate.  Trustees want to bid out pea gravel and limestone and the haul rate for chip and sealing approximately 11 miles of road. Miller made the motion.  Maniaci seconded.  All ayed.  Bids will be opened at the next meeting and advertised in the paper once a week for two weeks.    A list of roads must be provided to the County Engineers office by April 15.  Jerry Miller will provide Jerri Newell with specs for the paper.  Miller also advised that there is an issue 1 grant money that we can use.  We banked it last year and what we have available to use this year is $21,000.  Miller would like to use that money to go towards the chip and seal. All trustees agreed. 


Jerry Miller wanted to know what roads to black top this year.  Trustees thought possibly Wilson Lane and come down Gorsuch Road. 


Curtis Salmons mentioned a tree on Prior Road, Eric Wasson’s property that hangs out over the road.  Several people are concerned it may fall.  Mr. Wasson said he will check it out.  Miller said we would help them cut it down, take the backhoe over and help them pull it out of the road.     


Miller moved to adjourn.  Seconded by Fusner.  All ayed.






                          JERRI A NEWELL, FISCAL OFFICER








 April 2011 Regular Mtg.





DATE: April 7, 2011


PURPOSE OF MEETING: Regular meeting.


OPENING: The Muskingum Township Trustees met in regular session on April 7, 2011 at 7:00 p.m. in the Fire Building.  All trustees and fiscal officer were present.


The sealed bids for the chip and seal were opened.

     Zemba Brothers  -  1500 ton limestone @ $21.68 per ton


                       1500 ton gravel @ 20.25 per ton



     Shelly Company  -  gravel $13.85 a ton

                       Limestone $18.00 a ton


     Walhonding Valley – 1500 ton gravel @ $12.75 per ton


                        No limestone price


Jerry Miller passed a resolution to accept the Chip and Seal bid from Walhonding Valley Sand and Gravel.  Fusner seconded.  Fusner ayed, Maniaci ayed, Miller ayed.


The minutes of the March 3, 2011 meeting were read and approved. 

Checks were approved and signed for payment.


Mike Maniaci stated that we received a letter from the County Engineers office in regards to the annual inventory, advising that out of all the townships in Muskingum County, there were only five townships out of twenty five that have submitted their annual inventory list.  Muskingum being one of those townships that did submit their inventory.


Thelma Cohagen asked about the 4-H flag that has been missing for months.  Trustees informed her they have not heard anything more about it, that it is still missing.


Steve Fusner wanted it in the minutes that the tree on Mr. Wasson’s property that was discussed at the last meeting, did fall down and has been cleaned up and removed.


Mike Maniaci advised that the culvert permit is still being worked on and will be presented to the board when it has been completed.


Maniaci also read the entire “Resolution Declaring the Necessity to Levy a Tax” for the Fire Levy.  Maniaci made the motion to accept the fire levy resolution.  This is a resolution to renew the current existing 1.25 mill levy that we have.   Miller seconded. Miller Ayed,  Maniaci ayed, Fusner ayed. Jerri Newell will take the paperwork to the County Auditors office for their calculation of properties.


Thelma Cohagen asked about financial help from the county in regards to the excessive traffic on Jones Road now that Northpointe Road is closed northbound.  Maniaci advised he has spoken with Doug Davis and Jerry Levy to try to get some help with maintenance and repairs to Jones Road.

Fusner mentioned that he has received phone calls from a resident on Gorsuch Road in regards to semi trucks traveling Gorsuch and Welsh Roads.  These are narrow roads and they are tearing up the roads.  Fusner said he will get with the County Engineer in regards to this matter.


Don Madden spoke at the meeting asking for an easement in regards to the Bulk Water station the County would like to install at our township lot.  He stated the building would be approximately 6x6 and 8ft high.  It would consist of a meter and coin machine charging $.01 per gallon.  Trustees were concerned about who carries the liability and property insurance. Who pays for electric to this building, could the county asphalt from Rt 60 to this building?  Madden advised he will take these suggestions back to the County Commissioners to get answers.  Miller mentioned using our electricity and we get 10% of income.  All trustees agreed that they are not ready to sign the easement tonight.  Stated they will meet again to go over where they might put the building.  Madden said he will provide the Trustees with the revenue from the Richards Road station.


Falls Fire Department submitted their fire reports for last month:

          11 Emergency Runs    Avg Response Time 8:39 mins

           1 Non Emergency Run


Lester Vandenbark stated he was at the County Commissioners officer talking with them about the closed road located by his property.  He stated he brought it to their attention that the wording states “relocating 419 not closing it”. He further stated the paperwork says “being the same is hereby vacated and closed to traffic”.  Maniaci stated that according to the O.R.C. vacated means closed.  Once trustees receive a letter from the Commissioners office advising us the road is up to specifications, we will maintain that road.  Vandenbark said if it was still a township road trustees would have to bring road up to specifications. Maniaci advised Mr. Vandenbark he would have to do that bring road up to specifications. And we cannot maintain that road unless the County Commissioners/ County Engineers advise us to do so. Miller stated that this road is not part of our ODOT road mileage inventory and hasn’t been since 1931.  So the township is not getting paid anything to maintain that road.


Maniaci moved to adjourn.  Seconded by Fusner.  All ayed.





                          JERRI A NEWELL, FISCAL OFFICER







May 2011 Regular Mtg.





DATE: May 5, 2011


PURPOSE OF MEETING: Regular meeting.


OPENING: The Muskingum Township Trustees met in regular session on May 5, 2011 at 7:00 p.m. in the Fire Building.  All trustees and fiscal officer were present.


The minutes of the April 7, 2011 meeting were read and approved.

Checks were approved and signed for payment.


Steve Fusner advised that he spoke with Robbie Sellars in regards to traveling Gorsuch Road in his semi.  Fusner said it has been taken care of and everything worked out.  Sellars will use Creamery Road to Welsh.  He also wanted it noted that Sellars hauls empty on these roads.


Thelma Cohagen wanted it noted that semi’s are using Jones Road. 


Mike Maniaci read the 2nd resolution to proceed with the submission of the fire levy.  All trustees ayed and signed resolution to proceed.


Thelma Cohagen asked about the water station the county would like to install in our lot.  Trustees stated that have not heard back from Mr. Madden in regards to this matter. 


Mike Maniaci read resolution 2001-10 and made the motion which is to amend the Public Records request adopted December 22, 2009 to reflect a new payment policy that is effective immediately.  New payment policy is as follows:

Muskingum Township, Muskingum County, Ohio provides photocopies of public records according to the following schedule:  The first 19 copies of a calendar year – no charge.  20 copies or more during the same calendar year to be charged at the cost to the township.  All requests may require advance payment.  Mailing charges are assessed at actual cost.  There is no charge to inspect records while in Muskingum Township, Muskingum County Buildings. 

Fusner seconded.  Roll call, Miller yes, Maniaci yes, Fusner yes.


Maniaci spoke with Jay Butler in regards to a ditch that runs through a field out to Babbs Road, 30 feet from a catch basin which is a little higher than the road.  Butler said he spoke with George Hebling in regards to this matter but Maniaci said he needs a formal okay from George and he has not heard from him yet.  Curtis said that it would take about 15 minutes to dig this ditch to the catch basin. 


Maniaci said Greg Steinman says he has water running through his backyard and laying in his yard and wanted the township to dig a ditch maybe across the front of his property, but it has been determined that it doesn’t appear that digging a ditch will help his situation.  Maniaci informed him there was not much we could do in regards to his backyard and side yard. 


Matt, unsure of last name, at 6160 Georgia Road still has a sewer problem in his backyard.  That he should contact the Ohio department of Health county sewer department.


Brad Hindel would like a culvert installed at the corner of St Rt 60 and Virginia Road.  He is willing to reimburse the township for the culvert.  Trustees advised they will tell Curtis Salmons to do this culvert.


Jerry Miller advised he wanted to meet with the other trustees in regards to the water on Welsh Road.  They will also set up a meeting with Doug Davis concerning this matter.


Miller read the First Quarter fire report submitted by Falls Township:

          43 EMS runs   ART (average response time) 9:27

                        dispatched to on scene

          14 Fire Runs  ART                     6:32


          A Monthly report was also submitted.


Jerry Miller wanted it noted that we have received the records request from Lynn Sellars requesting fire reports from John Benson and the Williams’ for 2007, 2008, 2009, 2010 and fire reports and first responder reports for 2007, 2008, 2009, 2010 and also a list of members and their training.   Miller wanted it acknowledged that we are working on getting this information together but as of this date has not been completed due to it being a large request.


O.D.O.T. submitted a resolution to Jerry Miller for the purchasing of salt. All trustees signed the resolution and anticipated using approximately 150 tons of salt.  Miller made a cooperative agreement by passing a resolution to reserved 150 tons of salt.  Miller wanted to make the motion to accept this purchase agreement.  Maniaci seconded.  Roll call,Fusner yes, Maniaci yes and Miller yes.  Miller advised that he will submit the resolution on line.  Jerri Newell will be given a copy of the resolution.


Jerry Miller brought up our mowing contract with Terry Elson.  Mr. Elson has reneged on his contract.  Miller contact Jim Untied who previously had mowed for our township and had also submitted a bid last year and he stated he would be willing to take over the contract for $470 a month which includes the cemetery mowings twice a month and the township garage mowing every week.  Maniaci stated it does not have to be bid out, that trustees are allowed to appoint Mr. Untied.  Maniaci made the motion to accept Mr. Untied, seconded by Fusner.  All ayed.


Miller brought up for discussion patching over Welsh Road, for 2 ½” of blacktop for 2/10’s of a mile would be $24,000 to $26,000. 


Miller moved to adjourn.  Seconded by Maniaci.  All ayed.





                          JERRI A NEWELL, FISCAL OFFICER







June 2011 Regular Mtg.





DATE: June 2, 2011


PURPOSE OF MEETING: Regular meeting.


OPENING: The Muskingum Township Trustees met in regular session on June 2, 2011 at 7:00 p.m. in the Fire Building.  All trustees and fiscal officer were present.


The minutes of the May 5, 2011 meeting were read and approved.

Checks were approved and signed for payment.


Jerry Miller gave fiscal officer, Jerri Newell a copy of the resolution to participate in the rock salt purchase with the Ohio Department of Transportation that he faxed and was discussed at the last township meeting.


Steve Fusner wanted to reiterate 6160 drainage issue.  Gentleman did have the state board of health and the county health department there and they are unable to determine where the water is coming from.  He was able to find a 6” corrugated pipe but not sure who put it there, where it goes or where it comes from.


Fusner also said the gentleman filled in the culvert on Welsh Road which was causing water to back up in the ditch alongside the road.  Maniaci had a map dated 1976 from county engineers office that clearly shows where all the ditches were going through the field.  Mike spoke with Assistant Prosecuting Attorney and was advised that we are well within our rights to open that ditch back up and could ask the gentleman to take care of it within 5 days and if he doesn’t agree then we have the right to do the work and then assess the landowner for cost. Or we could work out a deal with landowner.  Trustees have not scheduled a meeting with landowner, but will soon.


The Fire Levy Committee has drawn up a fact sheet for the fire levy renewal and was passed out to everyone at the meeting.  States why we should renew the levy, what it is going to cost residents and what it is currently costing now.  Maniaci stated that no matter what people’s feelings are about the fire departments and which ones are doing what, we really need the levy to take care of fire coverage in this area.


Maniaci asked Lynn Sellars a question if she was happy with the response to her son who had an incident on the farm and that the fire department responded fairly quickly and he actually timed the whole thing.  Maniaci said he was quite pleased with his response and asked if Sellars was.  She stated, when she called 9-1-1 before this all ever started she had her own department there in 5 minutes at her house, Falls there in 8 minutes and Community there in 20 minutes,.  All three of them.  So the question was she still wants the fire department back.  Maniaci said the question is, were you happy with the response time and care that your son received?  Sellars advised she wasn’t there so she didn’t see.  Rob Sellars advised Fusner that he didn’t think it was a good thing when the fire department was abolished, but now that he has used it, he feels it is the best thing that we could’ve done and he will support the trustees 100%, that he was very very satisfied and very happy.


Miller read the fire report submitted by Falls Township Fire Department:

          13 EMS runs for ART (avg response time)    7:49 minutes

          1 OTHER ART                           7:50 minutes

          1 AUTO ACCIDENT                       7:15 minutes


Paperwork was also submitted from Falls Fire Dept to the trustees in regards to the 1988 Chevy truck mini pumper.  In order to get this truck up to ISO standards, there are a lot of mechanical issues, strainer is missing so rock and sand are in the tank. The Chief believes the trucks expenses would exceed its value and feels it should be bid out.  Maniaci asked that they table this issue until the next meeting and they have time to try to get the worth of the truck.  All trustees agreed.


Maniaci said he had a call from a resident on Jones Road in regards to the excessive dust.   And also the high grass on Chloe Lane and Jones Road.  The grass has been mowed and Miller advised that salt brine has been spread on Jones today.


Mike Maniaci has talked with Sidwells in regards to using their machine that lays a type of chip & seal and wanted to bring it up to the other trustees.  He will get a price on this.


Maniaci also advised he has figured up an amount to use for paving and chip and seal for this year would be approximately $240,000.  There is also $21,000 set aside with the county that can be used for paving.  Miller advised it will take about $70,000 to chip seal.


All trustees met on Dutch School Road with Century Link in regards to burying a fiber optic line.  Trustees signed the resolution permitting Century Link to bore and Jerri Newell will mail signed paperwork to Century Link.  Mike Maniaci made the motion to accept this resolution, seconded by Jerry Miller.  All ayed.


Fusner spoke with Mrs. Mox who lives at the end of Frame Road in regards to where the school bus turns around it has made ruts and dips around her driveway area.  Fusner said he will call the school bus garage to have them deliver gravel as they.


Waste Management submitted a service contract for the next year.  Trustees will wait until the next meeting before a decision is made to see if we really need this big dumpster or can we get by with a smaller unit and possibly get some competitive rates.


Miller wanted to add a letter in regards to the public records request that Lynn Sellars had recently made.  Stating that the fire reports/run sheets/ average response times she had previously requested is what we can accurately find, but cannot be considered as an accurate account of the fire and EMS runs in Muskingum Township.  In order to obtain an accurate account of these runs she will need to obtain that information from the proper authorities that retain this type of information.  None of the reports that Muskingum Township has in their possession have been verified so they cannot be considered accurate.



Miller moved to adjourn.  Seconded by Maniaci.  All ayed.






                          JERRI A NEWELL, FISCAL OFFICER







July 2011 Regular Mtg.





DATE: July 7, 2011


PURPOSE OF MEETING: Regular meeting.


OPENING: The Muskingum Township Trustees met in regular session on July 7, 2011 at 7:00 p.m. in the Fire Building.  All trustees and fiscal officer were present.


The minutes of the June 2, 2011 meeting were read and approved.

Checks were approved and signed for payment.


Lynn Sellars stated that in the written request for fire reports that she asked for she wanted reports from the fire department that Chief Lowe or John Benson turned in and that there was only one report in the bunch that she received.  She is making a request for the other reports that were turned in.  Jerri Newell advised Sellars that she felt she gave her copies of everything she requested that was in the file.  But if she wanted to look through the file, we could set up a time to do that.  Sellars said she would call Newell and set up a time.


Jerry Miller asked if Mike Maniaci had gotten any prices on the mini pumper, Chevy one ton.  Maniaci said he did not.  Miller said he was all for putting an ad in the paper to sell it.


Brian Williams wanted to know what the trustees plan is if the fire levy doesn’t pass and Falls Township decides to no longer go with the contract.  Trustees informed Williams that we still must provide fire coverage, that we don’t have to have a township fire department, only to provide fire coverage.  Maniaci said we would rely on mutual aid from other departments.  Thelma Cohagen stated that if the levy doesn’t pass, it will cost the residents an additional $100 to $300 a year or more on their homeowner’s insurance premium, with no fire department coverage.  If the levy does pass it won’t cost even $50.00 and on a house valued at $500,000 will cost them approximately $199.00.


Miller made the motion to put the Chevy one-ton mini pumper up for bid with the right to accept or reject any/or all bids.  Maniaci seconded.  All ayed.


Maniaci asked about the contract with Waste Management.  The fire dept. advised they don’t need a dumpster of that size.  Curtis Salmons said they could downsize and use one of those roll out trash cans.  Jerri Newell advised she will speak with Waste Management to check on prices or penalty charges should we cancel our contract, and also check with Ace, J & J Refuse and Big O for prices.


Maniaci stated they still haven’t boared Dutch School Road yet.


Jerry Miller advised there were two trustees from Cass Township here at our meeting to discuss Schneider Lane.  There is a plugged pipe and requires a 36” pipe to replace existing one that is causing the road to deteriorate.  There was a bid received from Scurlock Excavating for labor and equipment of $9,200.  Zemba submitted a bid for labor and included backfill material of $6,876.  We are willing to supply the trucking by using Cass Township and Muskingum Township.  Both townships will provide the pipe (4 sections totaling 80 ft) and the trucking.  Cass Township stated that they approved Zemba’s bid at their township meeting.  Cass Township will pay half of the cost and Muskingum Township pay the other half.  Miller made the motion to accept Zemba’s bid, Fusner seconded. Roll call, Fusner, ayed, Maniaci ayed and Miller ayed.  Miller stated that Curtis Salmons got a price for the pipe for $574 a section for a total cost of approximately $2400.00. Fred Schneider stated that he would like to have ½ of the stone that comes out of the culvert.  Maniaci said we would need to use those stones for the base of the road. Zemba’s advised trustees that they will have the job completed in one day.


Mike Maniaci brought up the drainage problem on Welsh Road where the resident covered up a ditch and therefore it does not allow the water to drain properly and could possibly harm the road.  Said that he had spoke with Harry Huey, who covered the culvert with dirt after we had opened it up, that he is not in favor of letting us access his land to drain the culvert that crosses Welsh.  Maniaci presented a resolution to the board that had been drafted by the Assistant Prosecuting Attorney that we can use to enable the trustees to access his land.  Maniaci said he met with the County Engineer today and said they came up with a plan that might be a little better for the property owner.  A fence line runs down the property and by bringing the two culverts to run into that fence line then running the ditch down the fence line.  Therefore, not changing the layout of his open fields on either side of the fence.  That proposal is going to be presented to the Huey’s and his daughter whose land also borders that property.  Maniaci said he would like to work out an agreement with Mr. Huey, but if we cannot come to an agreement with Mr. Huey and his daughter, that we could pass this resolution and present it to them.  Maniaci read the resolution, amended it to read Harry E. Huey at 6315 Winterwood Drive, Nashport and Mr. & Mrs. Michael Havens, 6355 Winterwood Drive, Nashport, and then made the motion to accept it.  The fiscal officer will give notice to the County Engineer and the owners at 6315 Winterwood Drive and 6355 Winterwood Drive a copy of this resolution by sending it certified mail or it can be hand delivered between July 12, 2011 and July 31, 2011. Fusner seconded.  Fusner ayed, Maniaci ayed and Miller ayed. 


Jerry Miller came up with a list of roads the trustees were looking at chip and sealing.  These roads would be Fawn Drive, Squirrel Lane, Dutch School Road, Stagecoach, Prior, Cranberry, Dresden, Beech Run Road, Jones Road and Kenlo Woods.  That would be just a little over 11 miles. 


Steve Fusner stated he had a report number 60-612-60 from the Ohio State Highway Patrol for the damage that was done by a trucking company to try to re-coop some of the cost for the damage they did to Kenlo Woods road. 


Thelma Cohagen asked about removing the large sand stone at the end of Jones Road and Rt. 60.  Someone has hit it and looks like it could fall out into the road.


Miller said he would like to bid out blacktopping Wilson Lane, Gorsuch Road from Wilson Lane to Rt. 60 and possibly Carolina down to Babbs Road and out to Virginia to Rt. 60.  He would like this to be bid out in 3 separate bids.  Maniaci made the motion to bid out this blacktopping.  Miller seconded.  Miller also wanted it listed that the trustees have the right to accept or reject any/or all bids.  That the bids will be opened at a special meeting. Depending on when the bid notice will appear in the paper would depend on when the special meeting would be held.  Notice of meeting will be put in the newspaper and on the sign out in front of the township hall.


Maniaci stated that Fusner spoke with Jeff Schlaegel who lives on Dutch School Road.  Schlaegel advised that he has mowed the cemetery behind his house three times and would like reimbursed.  Schlaegel informed Fusner that the money was not the issue; he just wanted the cemetery mowed more often.  Miller said Jim Untied is only required to mow each cemetery twice a month. 


Miller wanted to bring everyone up to date on what the road crew has been working on the past month, with all the water issues. Fusner went out on a drainage problem on Rollins Drive, there was a slide on Ellis Dam Road where it blocked a 1/3 of the road and was cleaned up, a large culvert by the William’s residence on Ellis Dam Road  that debris came out of the Curtis residence property across the road where he shoved trees in the creek and plugged up the pipe.That was cleaned up.  Trees were down on Vroom, Dresden, Gorsuch, Rock Cut, Prior and Chug Run.  Also culverts plugged up on Jones Road and Fawn Drive.  Zemba brought their vac-truck out and got those cleaned out.


Miller also advised that he ordered a dead end sign on Lisa Kim requested by Jim Clegg and a road sign for Prior Road and Rock Cut to replace missing ones. 


Fusner said that he received a phone call from Don Madden in regards to the drainage issue at the home at the corner of Creamery Road and Saad Court where the ditch along Saad Court needs cleaned out.  The resident would like that ditch cleaned out and didn’t know who to call so he contacted Don Madden. 


Miller said the resident at the corner of Gorsuch and Georgia has the same issue.  His ditch needs cleaned out due to the phone company putting dirt in the ditch when doing repairs.


Maniaci said he received a call from Joe Wagner on New Riley Road and Mr. Wagner informed him that the ditches were cleaned out on Slate Ridge Road, which is not our road, and apparently everything they cleaned out came through the culvert across the road and into his ditch and he would like to have that cleaned out.  Also the resident beside Mr. Wagner on the corner had the end of his driveway washed out again from water coming over those culverts and would like some gravel to replace what was washed out.  Miller advised that we don’t put stone on driveways.  Fusner had paperwork from the county stating that the driveway culverts are the responsibility of the landowner.


Miller said Falls Township Fire Dept Inc. is sponsoring a Chicken-Bar-BQ and open house August 7th, 2011.  There will be American Red Cross here, someone from Genesis, Smokehouse, ODNR, view equipment that is here, and other things.


Miller read the fire report submitted from Falls Twp Fire Dept. for last month:

     14 EMS Runs        AVT (avg response time) 7:47

      1 Run last night                          6:00


Miller and Fusner attended a meeting with the County Township Association last night to discuss the Ohio Governmental Aggregation.  It was discussed about putting this on the ballot where AEP residents can vote to be part of a group program where they would save 3% on their electric bill.  There are two parts to the electric bill, one for the transmission and one for the generation.  So it would only be 3% on half of the bill and must be approved on the ballot by the township.  The County Commissioners are willing to be the liaison for this which is put on by the Palmer Energy Company.  It is counties, cities and municipalities serviced by AEP.  In our township there is an average of 1805 homes and 650 eligible for enrollment.  There is revenue that would come into the township of $438 a year.  Of that $438 the county gets $146.21, the township would get $146.00 and CCAO (County Commissioners Association of Ohio) revenue gets $146.00.  Thelma Cohagen stated it would cost more than that to put it on the ballot this year. They want the trustees to go out and campaign for this to be put on the ballot, pass a resolution and have two open town meetings by advertising which would come out of our money and have all paperwork submitted to the Board of Elections by August 10th.  Miller said it was brought up at the meeting what if we were to put it on the spring ballot. They advised that there is grant money available, $10.00 per electric meter that would be given to the county commissioners.  But by putting this on the ballot in the spring, that grant would not be available.  There is no guarantee that the township would get any of this money, it would be the discretion of the County Commissioners where that money would go.  We would be locked into this program for 3 years.  Eric Wasson said if AEP is giving us $100 a year approximately and there is a third party soliciting to do this, there is something in it for them. All trustees were in agreeance that they are not going to participate in this program. 


Miller wanted it known again that the public records policy is posted in all four of the township property buildings and has been posted for quite some time.  It was noted in the minutes of the re-organizational meeting that the policy was posted.


Maniaci had taken pictures of a driveway that he showed to the other trustees of a new chip & seal machine that Sidwell Bros. uses.  He does have a price but not with him at this time.


Fusner spoke with Mr. Moyer who is building a home on Conn Road.  He asked trustees about a catch basin to tie two ditches together and wants the township to pay for it.  Trustees are not opposed to the catch basin, but we will not pay for the concrete.


Miller moved to adjourn.  Seconded by Maniaci.  All ayed.





                          JERRI A NEWELL, FISCAL OFFICER







July 2011 Special Mtg





DATE: July 28, 2011


PURPOSE OF MEETING: Special Meeting.


OPENING: The Muskingum Township Trustees met in special session on July 28, 2011 at 7:00 p.m. in the Fire Building.  All trustees and fiscal officer were present.


The purpose of this special meeting is to open sealed bids for Gorsuch Road, Wilson Lane and Carolina Road.


The first bid opened was from Birkhimer Asphalt:

     Gorsuch Rd/Wilson Lane            $80,078.15

     Carolina to Babbs-Virginia-Rt 60  $51,889.20   



The second bid opened was from Shelly Company:

     Gorsuch Rd/Wilson Lane            $70,467.00

     Carolina to Babbs-Virgina Rt 60   $45,144.00



Both bidders provided their bid bond, certificate of insurance and certificate from ODOT. 


Trustees agreed they would make a decision at the next meeting, August 4, 2011 to decide which roads they would be paving once they see how much money would be available for this project. 


Maniaci made the motion to table both bids until the next regular township meeting.  Fusner seconded.  All ayed.


Maniaci moved to adjourn.  Seconded by Fusner.  All ayed.






                          JERRI A NEWELL, FISCAL OFFICER







August 2011 Reg. Mtg.





DATE: August 4, 2011


PURPOSE OF MEETING: Regular meeting.


OPENING: The Muskingum Township Trustees met in regular session on August 4, 2011 at 7:00 p.m. in the Fire Building.  All trustees and fiscal officer were present.


The minutes of the July 7, 2011 and the Special Meeting on July 28, 2011 were read and approved.  Checks were approved and signed for payment.


Spencer Robinson spoke with the Trustees in regards to an Eagle Scout Project he wanted to do at the Sherrod Chapel Cemetery located on Powellson Road.  He would like to replace 200’ of the fence surrounding the cemetery with new wire and add on an additional 20’ with wire.  He would furnish all materials necessary for this project by donations he receives.  He further stated this project would completed by September 15, 2011. There would be two other projects involved.  One Scout would map the cemetery for the Genealogy Society. Another Scout would set up fallen headstones.  Maniaci made the motion for Mr. Robinson to proceed with this project and Miller stated if he is unable to receive enough donations that the township would help with the costs of some materials needed.  Robinson also said this project will be completed in one day.  Miller seconded this motion.


Don Clark made a donation to Spencer Robinson for this project.


Marie Whitt wanted to verify with the trustees about her homeowners insurance premium increasing due to the distance of a fire station and fire hydrants from her residence.  They advised her that if the levy did not pass and the fire station would close, her premium would increase because of no fire station.


Forest Mendenhall stated that the Fire Levy is a renewal and will not be an increase in anybody’s taxes.  He also wanted it in the minutes that the Fire Levy Committee will be holding neighborhood meetings to answer resident’s questions in regards to the levy.  Maniaci also stated that there will be a table set up at the Chicken-Bar-B-Q to answer levy questions.


Thelma Cohagen asked about the request to pave the road at the apartments by the Exxon Station.  Maniaci stated they are aware they need to come to the trustees with a signed petition saying that they will let us assess their taxes.  It is in their hands.


Jerri Newell contacted 2 different trash removal companies to compare costs.  Trustees agreed to continue with Waste Management for trash removal.  Also they decided to keep the existing dumpster as it would cost $150 for them to come and remove it. Also to have them pick up once a month instead of twice monthly.  The charge will be $32.48 plus fuel surcharge for a total of $43.00. Pick up will be the first Tuesday of the first full week of the month.  Maniaci and Miller both said they were fine with that.


Mike Maniaci stated he met with Huey’s and Havens’ about Welsh Road drainage issue.  Both residents stated we can do whatever we want to do, as long as he is able to mow over the ditch.   Trustees are to meet with the Engineers Office tomorrow so he can survey the area and see what their options are.  Maniaci said he would present the plan to the Huey’s & Havens’, show them exactly what is going to be done and then have them sign the agreeance contract to get the drainage issue solved.


Maniaci said Scott Zemba informed him the Schneider Lane project will begin Tuesday morning.


Maniaci made the motion to accept the paving bid from The Shelly Company for $70,467 to pave Wilson Lane and Gorsuch Road from Wilson Lane to Route 60.  Not to pave Carolina Rd at this time.  Fusner seconded.  All ayed.  Miller ayed, Maniaci ayed, Fusner ayed.


Jerry Miller said he spoke with Matt Lutz and Doug Culbertson at the county to try to control the traffic on our roads due to Creamery Road to be closed down and North Pointe.


Eric Wasson asked why the cemetery was allowed to be in such disrepair, trustees advised that we mow it twice a month.  Fusner informed him there has been a lot of vandalism to this cemetery, graves dug up, headstones knocked over and 4 wheelers ride back in that area.  Miller said Mr. Robinson made it sound far worse than it is, that there may be 3 fence posts rotted off, 3 or 4 headstones knocked over.


Miller presented a contract to trustees from Century Link not to boar on Dutch School Road but they have decided to go aerial.  Miller made the motion to accept this agreement.  Maniaci seconded.  All trustees signed agreement. Jerri Newell will mail signed copy to Century Link.


Jerry Miller read the fire report from Falls Township:

     9 EMS Runs         ART (Avg Response Time) 9.45

     2 Fire Runs        ART                     6.28


Maniaci moved to adjourn.  Seconded by Fusner.  All ayed.






                          JERRI A NEWELL, FISCAL OFFICER







September 2011 Reg.





DATE: September 1, 2011


PURPOSE OF MEETING: Regular Meeting.


OPENING: The Muskingum Township Trustees met in regular session on September 1, 2011 at 7:00 p.m. in the Fire Building.  All trustees and fiscal officer were present.


The minutes of the August 4, 2011 meeting were read and approved.

Checks were approved and signed for payment.


Maniaci talked about the Welsh Road drainage issue.  He spoke with Mr. King who also has a culvert coming across on his property and he is okay with us running a ditch through his property down to the creek to run the water off of the road.  All three people involved in this are all okay with us running water through their property.  Maniaci meet with the engineer yesterday and within a week will have his estimate on what it would cost to do this.  The prosecuting attorney is going to prepare the respective lease agreement right-a-ways.  Engineer is going to write the work orders to do the work in the three different properties.  Depending on the price from the engineer will determine if we need to put this job out for bid.


Thelma and Roger Cohagen stated they set out a camcorder at their property on Jones Road in regards to the heavy traffic flow since North Pointe has been closed.  In one afternoon, a little over an hour there were approximately 58 vehicles went by their resident.  On the morning of August 10th, in 43 minutes there were 178 vehicles. This was between 6:17 a.m. and finished at 7:00 a.m. Cohagen’s stated they haven’t seen any more semis traveling Jones Road since the “no thru trucks” signs were put up. Roger called Doug Davis’ office to see about getting a car counter, so that it might help the township receive help from the county when Jones Road falls apart.  Maniaci said they have spoken to the county commissioners and the chances of us getting money from them for Jones Road is not good.  Maniaci encouraged all residents to contact the County Commissioners in regards to this matter.

Brian Williams said he spoke with a Mr. Gillespie, plant manager at the power plant in regards to having his employees run out McGlade School Road and not cutting up over Jones Road.  Jerry Miller said he spoke with the County Commissioners and they will be putting a car counter on both ends of Jones Road in the next couple weeks to monitor traffic. 


Maniaci asked about the road damage that was done a couple months ago at Kenlo Woods.  Fusner stated he hasn’t been able to get the accident report off line from the Ohio State Highway Patrol’s office. Fusner said he will go out to the OSP to get the report. Maniaci asked for the report number and he advised he will try to get the report so we can file for the damages that were done to the road.


Patty Bischard asked about the fire truck payment.  How is it getting paid?  If the levy passes, does this money go to Falls Township FD and they make the truck payment?  Maniaci advised her that as long as we still own the truck, the payment will come out of our fire levy money.  Before Falls Township FD receives any money, that truck payment gets made.  Falls Fire Department has told trustees that whatever money they receive from Muskingum Township will be used for supplies/tools/etc. in this township.


Brian Williams asked if Falls Township takes over payments on that fire truck, they will own that truck.  Trustees stated yes.  Maniaci stated we have a certain amount of equity in the truck.  So that issue will have to be discussed when they take over that payment.  If we sell them the truck, we will get something for the equity we have in the truck.  Brian stated he feels we need to hold onto every piece of equipment Muskingum Township has and lease it to Falls Twp Fire Dept for $1.00 a year.  They can maintain it and operate it.  Then it would still be the property of Muskingum Township.  If they take over the payments they will own that truck.  It will reduce the expenses of $40,000 a year so they get a bonus check of $40,000 a year to pay the payments plus the truck.  He questioned giving them the truck and making the payments too.  Trustees stated that Falls should get the whole fire levy money because that is the way it was set up.  Maniaci said, yes we are making the payment on a truck we are not using, we are not maintaining and we are not outfitting.  Falls is doing all the supplies on the truck, all the maintenance and that is coming from some of the money we gave them.  From the expenses that he has heard that they’ve paid to put everything back together, Falls is way over the amount what we are giving them.  Right now, they have an investment in this township that we didn’t pay for, that they’ve paid for out of their pockets. 


Fusner asked the question, “Are we better serviced and covered today than we were two years ago today”?  Patty Bischard said absolutely, Brian Williams said no.  Fusner asked Williams, why no?  Williams stated this other half of the township yes, the northern area.  Fusner informed him you still have volunteers running out of this building like we had two years ago.  Williams said there are 5 people in Muskingum Township running out of this station.  Maniaci informed him in the last two years there were about 3.  There was a list of 28 members, but only 3 that ran.  Brian Williams stated that the trustees appointed the fire chief and created this mess.  Maniaci said to go back even further than before they appointed the past chief, the departments numbers were down so low and there was still only a handful of members making the runs.  Maniaci said as far as he can remember, there has never been 15-20 members making 50% of the runs.


Forest Mendenhall wanted to know what the purpose is of owning that truck.  Who cares who owns it?  His main concern is does that truck work and will someone show up that is capable of putting out the fire with that truck and will everything on that truck work.  And who cares who owns it.  Brian Williams said his thought is who paid for it.  Mr. Mendenhall said he paid a lot into the funds of the previous fire outfit and those funds are gone.  At least he knows where his money is now and he knows what it is doing here, it is working.  Williams said all he is saying is they should keep the equipment they have and lease it to Falls for $1.00 a year. 


Maniaci said if we decide to keep the truck and lease it to them for $1.00 they could come back to the trustees and say, well then you can outfit it.  Falls has fixed the trucks, outfitted it, maintained it and pretty much everything in it is theirs.  And they could come back to us and say we’ll take all of our things out of the truck and you can outfit it. 


Fusner said also when Falls Twp FD did take over they brought to the trustees attention, that those trucks were $21,916 short of equipment that was needed to make them state compliant.  Now we have the knowledge and professionalism that has fixed that.  Williams said that $20,000 list to make the truck compliant was brought up to the trustees 2 ½ years ago by Mr. Benson.  Which he then pulled that request back and re-wrote some other requests.  It was approved and other items were bought instead of items on the list.  So that was nobody’s fault but theirs Williams said. 


Patty Bischard re-affirmed that we have not sold the truck.  Maniaci said we have not sold the truck.  She stated that if she votes for the fire levy, we are not spending any money other than what is already on the fire levy and not going to be any different than what it has always been.   Thelma Cohagen stated it is different, you are getting better service.


Miller stated, one reason we might possibly get rid of that truck would be to get the township out of debt.  That is the only debt the township has.  The chances of Muskingum Township ever having a fire department owned by the township is very slim, when there is qualified incorporated fire departments around us that can provide the service.


Fusner stated he received the contract from AEP for cinders.  Fusner stated we usually can’t get any from them anyway, but do we want to submit the contract anyway?  All trustees advised to proceed with this contract.


Fusner also Verizon contacted him in regards to a Fiber Optic line at the corner of Tunis Road and Rt 146.  It will be aerial and we do not have any specifications or special instructions for that.  He will let them know.


Miller advised Gorsuch Road is blacktopped.  Fusner had one complaint where the pave machine broken down and mashed a couple catch basins.  He contacted Mark Cox from Shelly and they have been fixed today.  Wilson Lane is also blacktopped.  Patches were laid on Carolina Road which was no cost to the township as this was to repair some of the work that was done last year.


Jerri Newell read the resolution from the Auditor accepting the rates and amounts as determined by the budget commission and authorizing the necessary tax levies and certifying them to the county auditor.  Mr. Miller moved this adoption of this resolution.  Mr. Maniaci seconded the motion to accept this resolution.  Roll call: Fusner ayed, Miller ayed and Maniaci ayed.


Miller read the fire report submitted from Falls Township FD:

     Fire Runs     A.R.T.             6.03 minutes

     EMS Runs      A.R.T.             7.18 minutes


Thelma Cogahen wanted it known that The Fire Levy Committee will be holding “Neighborhood Open Informational Meetings” in regards to the renewal of the fire levy. 

     Sept. 10th     Terrace Shores @   4:00 p.m.

     Sept. 17th     Stonehenge         2:00 p.m.

     Sept. 24th     Oakwood North      4:00 p.m.

     Oct. 1st      Saddlebrook        4:00 p.m.

The information will be posted on the website and would like the locations and dates posted on the sign out in front of the township building.


Maniaci moved to adjourn.  Seconded by Miller.  All ayed.






                          JERRI A NEWELL, FISCAL OFFICER







October 2011 Reg. Mtg.





DATE: October 6, 2011


PURPOSE OF MEETING: Regular Meeting.


OPENING: The Muskingum Township Trustees met in regular session on October 6, 2011 at 7:00 p.m. in the Fire Building.  All trustees and fiscal officer were present.


The minutes were read and corrected to state Brian Williams’s discussion concerning the fire truck. (See Sept. 1, 2011 minutes)

Checks were approved and signed for payment.


Thelma Cohagen asked about the car counter that was supposed to be put on Jones Road.  Maniaci said he spoke with Doug Davis and he thought it had been done, but he didn’t know the results.  Jerri Newell and Mrs. Cohagen both stated they do not believe it has been done yet.  Thelma further stated there are semis back on the road along with tour buses.


Gordon Brown asked about the 1988 pumper being sold.  Miller said that it has never been sold or been put out for bid.  Miller said it is in disrepair and not worth the cost of fixing it. 


Maniaci asked about Welsh Road.  Miller said it has been completed and Dresden Landscaping is waiting for it to dry up so they can sow the seed.


Lynn Sellars asked for the public records retention schedule and policy.  She will put it in writing and give to the fiscal officer.


Steve Fusner brought up the issue of the retro-reflective requirements for stop signs.  There must be a plan in place before January 2012.  Maniaci said he actually has a plan, but didn’t bring it with him tonight.  Maniaci said he had an estimate of $26.00 per sign from the County Engineer.  We would need approximately 52 signs.  He proposed that we purchase 20 in 2012, 20 in 2013 and the balance in 2014.  We have until 2015 to replace all of them.  Our road crew would install them, during their regular work hours.  The proposal Maniaci has, he doesn’t wish to bring to a vote at this time, until December when we see if the fire levy passes.  As it will change how we use our funds if it doesn’t pass.


Lynn Sellars asked what is the money source that comes into the fund ledger?  Is it land tax?  Newell advised there is property tax, motor vehicle license tax, gas tax, estate tax. 

Forest Mendenhall asked if the township ever receives money back for liquor permits.  Newell advised yes and it goes into the general fund.


Gordon Brown asked if there is any distinction from the regular property real estate tax that should be going to fire protection?  Or is it solely 100% based on a fire tax levy?  Miller stated it is based on the levy.  Thelma Cohagen advised that the current fire levy is 1.25 mill and it is on your land tax when you get that bill.  But that is separate and apart from the general tax that comes in.  Mr. Brown asked if that was the only source that the township trustees receive that goes into the designated fire fund.  Miller and Fusner both advised yes.  Lynn Sellars asked if the land tax was divided into the fire fund along with the levy?  Maniaci stated that nothing else goes into the fire fund except for the fire levy money. 


Gordon Brown wanted to know what cemeteries is the townships responsibility.  Miller advised there are five.  One on Powellson Road which is Sherrod’s Chapel, Campbell’s Cemetery on North Pointe, the cemetery on Dutch School Road, Granger Cemetery in the middle of Buntings property and one on Carnation Road.  Mr. Brown wanted to know if these are recognized cemeteries and no churches there.  Miller stated they are all recognized cemeteries, no churches and the last time someone was buried at Sherrod’s Chapel was in 1902.

Mr. Brown said he has also seen payouts on our ledgers for men doing ditch work.  But they are not payroll?  He asked if a set amount is just paid for his work.  Is he working with our crew?  The man that was selected to mow cemeteries is a good example of independent contract labor.  Where we do not control his hours and he supplies his own equipment.  Fusner said yes they are working with our crew.  Mr. Brown wanted to know why is that not included as payroll, treated as employees.  Maniaci said as far as the snow removal goes; they are not under our direction, no supervisor with them.  We don’t determine whether they work or not.  They are not bound to us by our hours and our time frame.  Mr. Brown asked about where we bring in an extra man to get the job done.  Mr. Maniaci said he would have to check further into that.  Mr. Brown advised we could be in jeopardy of violating the law if we have another man being brought in and we control his hours, what he does and when he does it.   The IRS has a test called Independent Sub-Contract labor and if they’re under our control/supervision you should be including them in payroll.  Maniaci said we will take his comment under advisement and will look into the matter and do what we need to do to fix the problem. 


Mr. Brown asked what the amount of pay is to the two current employees.  Miller said it was $15.25 and $13.25.  Salmons being the lead employee and Mattingly as secondary.  He asked what trustees and fiscal officer’s salary was.  Trustees gross is $750.33 per month, per trustees and fiscal officer is $1178.92 per month.  Which is down from last year.  Elected officials are paid according to the townships budget.  That is determined through the state what their salaries will be.


Mr. Brown said on January 1, 2011 the minutes read trustees must submit monthly documentation at each meeting as to what type of work was done in order for partial salary and health insurance payments to be made from the road and bridge fund and also the general fund.  This does not necessarily mean they must do physical labor on the roads, Maniaci stated this could be road inspections, decisions on roads.  Anything pertaining to road issues. 


Gordon Brown asked about transferring funds from one account to another.  It is from the Road and Bridge Fund and the General Fund.  Is that all correctly handled as long as money is paid back?  Trustees agreed yes.  There is signed paperwork from the trustees agreeing with this transaction. October 31, 2010 one for $30,000 and January 2011 which totals $40,000.00 that hasn’t been repaid.  Newell advised Mr. Brown that we just received our second half of the property taxes which allowed us to pay back the advance of $40,000.00 from the general fund back into the road and bridge fund this month.  These advances were due to health insurance premiums being paid for trustees out of the Road and Bridge Fund when there wasn’t a policy in place for the trustees to submit their monthly logs.  Therefore, these monies were to be paid back into the road and bridge, leaving the general fund low. That is why in the 2011 re-organization meeting the trustees made the motion to start documenting all work done, so not to deplete the general fund.  Mr. Brown asked about the fund balance adjustment, per auditor of $15,469.  Newell informed him it was due to health insurance premium repayments and money being receipted into incorrect funds.  Newell further advised we are audited bi-annual and it is done by the state.

Maniaci advised Mr. Brown that the auditor did tell Ms. Newell that she was doing a very good job and our books are in very good order.  He felt he needed to make that statement.


Mr. Brown said that in July 31, 2011 $42,722.00 was paid out to Oshkosh Capital.  He wanted to know if that was the first payment.  Miller advised him that is the annual payment for the fire truck.  Other entries in the fire fund appear to be related to fire protection was $200 and $344 for Oxford Oil Company for gas consumed.  He wanted to know if we are paying this for the building or the trucks?  Trustees stated it is for the building not for the trucks.  Mr. Brown wanted to know that all the expenses relating to the operation for fire protection is now the responsibility for Falls Fire Department.  Maniaci said other than the buildings.  He understands we are keeping money to make the fire truck payment and the building utilities.  Maniaci said that is correct.  But any and all expenses related to fire protection comes under the umbrella contract with Falls Fire Department.  Trustees stated that is correct.  He then asked about the $1709.00 to the Bureau of Workers Compensation on March 2011.  Why would we be paying that?  Newell informed him that premiums are paid to BWC for the previous year.  It is a year in arrears. 


Jerry Miller said the Eagle Scout did get his project done at Sherrods Chapel Cemetery and Miller signed off on it.  He replaced 3 fence posts, put up all new wire and added 4 new posts around the corner.  There were two stones that fell over and they set them up.  Mr. Brown asked about the Scout that was supposed to do the genealogy paper.  Miller said that scout didn’t show up.


Gordon Brown said that Falls Township is providing protection and utilizing the truck and this facility and there are now men and women who are residents of Muskingum Township on their department.  How many are there?  Miller advised him 12.  Brown asked are all of them now being utilized by Falls?  Trustees advised yes. Mr. Brown said he seen in previous minutes where trustees paid for training for fire members.  So now Falls pays for that?  Miller said yes, that is Falls expense.  Gordon Brown asked about the check that was written to Falls Fire Department and was voided.  How does that stand with their contract?  Miller said there has been no money paid to Falls Fire Dept.  Maniaci said we will have to pay them before the end of the year.  We will have to budget numbers to see how much we need to keep to get us through until April and then pay the balance to Falls. Mr. Brown stated that $48,000 was paid to Falls Fire Dept in 2010; nothing paid yet but will be determined.  Trustees agreed.


Gordon Brown asked about the payments made to the law firm used to develop an employee manual was continued to be paid in 2010 through January 2011.  He made a request to see the invoices of what the purpose of these payments were for.  He wanted to know if anyone was going to be able to see on the invoice what the purpose was.  Maniaci said he will see the amount.  What you won’t see is the verbiage of the conversation.  Mr. Brown asked why wouldn’t a citizen see what the money was being used for.  Maniaci said the money was being used for the contract with Falls Fire Department and the employee manual.  The employee manual was accepted in December 2009.  Mr. Brown wanted to know if there was a dollar amount that the manual cost the township.  Maniaci stated approximately $25,000.00.  There were amendments to the handbook and lists that had to be added to it.  Mr. Brown wanted to know if that law firm was being paid for any other reason?  Miller advised other than the contract and the employee handbook, no.  That is what they were being paid to do.


Brian Williams asked about the trustees being involved with a lawsuit with the ex-fire chief.  Who is paying for their defense attorney and what fund is it coming out of.  Fusner stated that right now it is covered under their bond.  Maniaci said it will be paid by the township.  Miller stated a percentage of the bill will be paid by the township.  Williams asked for a total amount and trustees said they do not have a total at this time for their attorney fees.  Once the case is over, the township must pay 15% of the total bill out of the general fund.  Miller said 424 people signed a petition to authorize that expenditure.  Fusner said they were all named in the lawsuit.  Mr. Brown said the full list of people that signed the petition, are identified in the lawsuit as part of the legal documents. An effort had to be made by the clerk of courts to certify the validity of these signatures. Out of the 424 signatures, 314 were validated and 110 were invalidated.  The first lawsuit, plaintiffs were the Chief and Assistant Chief.  The second lawsuit is the petitioners of Muskingum Township. So the whole body of people who signed that petition is now the plaintiffs according to my copy of the lawsuit. Mr. Brown said quite a few points were dropped from the lawsuit, after combining the two.  Originally there were 21 violations.  They dismissed 9 and withdrew 6.  The remainder then went to trial. 


Gordon Brown asked about the employee handbook that there was information stated that once completed, the fire chief and others  would have to sign it?  To accept and abide by it?  Trustees stated yes.  Fusner said the two township workers had to have the handbook also.  Mr. Brown said the trustees had every right to present it to them for their signature.  They stated yes.  Maniaci said we have no signatures to date.  The only signature we got was from the Chief indicating that he received the book, not that he accepted the terms. 


Mr. Brown had a request for copies of minutes and public documentation that the contract with Falls Twp Fire Dept was openly presented to the public or made known to trustees for the meeting in which it was voted.  Maniaci said yes there is.  We may have to listen to the tapes from the meeting that indicate Mike Maniaci saying he asked Miller in a meeting previous, is that one of the things he is considering, is a takeover.  And he said Miller said yes, and that was in a meeting.   Mr. Brown said he feels it is a statement to the trust that is placed upon our trustees for their actions that procedures that were used to handle those matters in the past should be known to the citizens of this township so that their vote in November can either confirm their trust in trustees and give them a second chance or if there is a voice that change is needed.  Maniaci said he will listen to the tape to make sure.   Miller said it was discussed for two or three meetings, and Maniaci said he feels very strong that it was brought up in at least one meeting, maybe two. 


Gordon Brown asked Jerry Miller why he would take on this and not inform fellow trustees.  Miller advised that it was because of open meeting laws.  He wasn’t going to talk with fellow trustees about negotiations without being in a meeting.  Brown asked if he came to a meeting with a contract in place?  Maniaci stated no, before that happened, trustees came to a meeting they discussed what he was discussing with Falls Township. Fusner then read a resolution dated April 1, 2010 where he made a motion to authorize and empower Jerry Miller to speak with Dresden, Falls, Licking and Frazeysburg and see about a dual response or fire district.  Miller could negotiation any proposals with any of these departments.  Maniaci said that would’ve told the public that we were going into discussions with other fire departments.  Mr. Brown asked what May minutes stated.  Fusner read that Miller spoke with Frazeysburg and they are not interested in fire district.  Miller spoke with Mick Archer from Dresden Fire Department and they are not interested at this time. Miller did speak with Fall Twp and they are interested but they need to talk to their body of officers before a decision can be made.  Miller had not heard back from them at this time. Mr. Brown asked if there was a written contract at the June meeting with Falls Township.  Maniaci said yes.  By June it had been okay’d by the body and rushed into place to have a document in place by the June meeting.


Mr. Brown asked trustees if they think it would be good to document in the written minutes how many attendees are at the meetings.  Fusner said it would be a great idea.  All trustees agreed it should be a count of attendants.


Miller received a permit from Energy Cooperative for a 2” pipeline on Frame Road which would allow them to boar across the road 3 feet down. It would be 200 feet east from the intersection of Frame Rd and Dresden Rd.  The main extension is approximately 1000 ft east of intersection of Frame & Dresden.  Maniaci made the motion to allow them to run the pipe.  Fusner seconded.  Roll call:  Maniaci ayed, Fusner ayed and Miller ayed.


Thelma asked about the progress of dry hydrants?  Miller said the first one will be put in approximately next week.  The Chief of Falls Township is sending a letter to Guernsey Muskingum Electric.  He found out they will give $600.00 that they will write us a check for materials for each dry hydrant per township.  So Falls will be installing one at Twin Hills Drive in Falls Township and one at Slate Ridge Road and one on Friendly Hills Road.  Unsure which one they will get the $600.00 for.  Zemba Brothers will supply a man and a hoe to do the digging at no cost to the township to put the dry hydrant in.  Our road crew will assist.  They want to get this done before cold weather, so Falls Township drivers can go in and they won’t have to drain the ponds.  There is already a dry hydrant on Conn Road.


Forest Mendenhall said Muskingum Township received recognition from the Soil and Water monthly Agg. breakfast the first Tuesday of each month at 8:00 a.m. at Friendly Hills Grange Camp.  It would be nice to see some of the township residents present there.  He said there is a lot of great information given.  He said the trustees received a lot of kudos there.


Mike Maniaci said he spoke with Doug Davis and it was brought up the problems with North Pointe in regards to the drainage issue.  Davis said they are in jeopardy of not getting the funds to do road repair.


Thelma Cohagen brought up the “Meet the Candidates Night” to be held October 20th, 2011 at 7:00 p.m.


Maniaci moved to adjourn.  Seconded by Fusner.  All ayed.






                          JERRI A NEWELL, FISCAL OFFICER







November 2011 Regular Mtg.





DATE: November 4, 2010


PURPOSE OF MEETING: Regular meeting.


OPENING: The Muskingum Township Trustees met in regular session on November 4, 2010 at 7:00 p.m. in the Fire Building.  All trustees and fiscal officer were present.


The minutes were read and approved.

Checks were approved and signed for payment.


Trustees wanted to commend Thelma Cohagen and her helpers for the Beggars night that she held at the fire station.  Sparky dog was also there from Falls Township.


Maniaci said the dirt on Idlewood Circle has been smoothed out by Zemba Brothers.


Miller stated that a certified letter was sent out to PNC Bank but no response has been received from them.  Jerri Newell spoke with Bud Chess in regards to the next step.  Mr. Chess advised that it was pretty much left up to the Trustees to take care of, if they wanted to mow it, to log man hours and any time equipment was used.  This certificate would then be presented to the Auditor’s Office.  The amount would then be attached to the tax duplicate for this property.  Miller wanted to make a motion to have Curtis or someone do this work.  Maniaci seconded.


Maniaci wanted it known that the apartments/houses which will be built on Carolina are ABSOLUTELY NOT low income section 8 housing. 


Maniaci further stated that the ditch at Babb’s Road is a work in progress.  They are still in the midst of working on a plan to try to come up with a mutual agreement to clean it up.  Mr. Wasson wanted to know if the Trustees can take care of noxious weeds at a resident’s home, why can’t they take care of cleaning out the ditch at Babb’s Road.  Miller thought it was because of O.R.C. technicalities.  One is a noxious weeds issue and the other is a drainage issue.  Mr. Helbling is saying no, we cannot come on his property to clean this ditch.


Lester Vandenbark stated according to the County Engineer and Commissioners office they have the right to close/abandon any road.  Mr. Vandenbark said they must have meetings advertised and contact adjacent property owners have to be notified to legally close a road. Maniaci said the paperwork to close this road is dated 1931.  And Mr. Vandenbark should check the laws back in 1931 to see if the advertisement of meetings and notification letters needed to be sent out.  Mr. Vandenbark stated he would contact the County Engineers office and the County Commissioners.


Jerry Miller read the run reports from Falls Township. 

          Fire Runs     -    4 -  average time 7.45

          EMS Runs      -    15 – average time 7.19


Don Clark wanted to know when Falls will be running out of our station. Jerry Miller presented an amendment to the contract with Falls township to allow Falls Township to use our equipment.  It has been signed off by the prosecuting attorney.  Fusner said he would like to pass this resolution to all Falls to operate our equipment.  Manicai seconded.   Maniaci ayed.  Fusner ayed.  Miller ayed.  It will be just like a lease, Falls Township will maintain equipment.


Mr. Wasson wanted the Trustees to notify J.D. Johnson in regards to him and his son being run off the road, on two different incidences.  Miller said he will pass this information on to J.D. Johnson.

Miller advised that the Grass Truck that was given to our township from the Ohio Department of Natural Resources was transferred to Falls Township.


Maniaci made a resolution to let owners of North Vista Drive if they want this road paved they can have their taxes assessed once it meets township specifications.


Miller informed residents that the paving of Carolina will be any day now.  It will be a 2” base coast and next year 1 ½” topcoat.  Doing it this way, so we don’t spend all of the money in the budget.


Jerry Miller stated there is still inventory missing from the firefighters.  Missing are radios, the computer door lock program, fire gear.  J.D. Johnson is checking on the gear that was supposedly sold to someone on Harrison Township.  Fusner said to contact the prosecutor and sheriff’s department.  Miller advised he will call Matt Lutz and advise him that all equipment was supposed to have been turned in by June 28, 2010.  Miller made the motion to contact Matt Lutz.  Fusner seconded.  


Miller moved to adjourn.  Seconded by Maniaci.  All ayed.






                          JERRI A NEWELL, FISCAL OFFICER







December 2011 Regular Mtg.





DATE: December 1, 2011


PURPOSE OF MEETING: Regular Meeting.


OPENING: The Muskingum Township Trustees met in regular session on December 1, 2011 at 7:00 p.m. in the Fire Building.  All trustees and fiscal officer were present.  There were nine residents present.


The minutes were read and approved.

Checks were approved and signed for payment.


Lynn Sellars wanted to congratulate the two newly elected officials.  She also made a short statement in regards to the previous fire department. 


Mike Maniaci stated that the yard on Creamery Road he feels is in pretty good order, other than a couple of junk cars.  Do the trustees still want to go forward with sending these people out a letter?  Miller stated that the backyard is where all the junk is.  Fusner said it is really bad.  Miller stated we should proceed with this.  Maniaci said he does have a letter formed by Bud Chess that can be sent out to the residents.  So before the letter is drawn up, Maniaci will research who all is on the deed and/or has a lien on the property so letters can be sent to them as well. 


Maniaci advised that in regards to Northern Place Road he went to the Engineers Office and gave them the map which apparently is not a Platt, but just a map.  He did have a Platt for it.  He will get all the paperwork together, but he will need a resolution from us, saying what was in the minutes that we will take over the road providing everything is done accordingly. And Maniaci asked for the specifications we had as far as not taking over certain things.  Maniaci drew up a resolution #2011-12-1 and read this aloud.  This resolution is for the trustees to give to the engineer that we will maintain the road if they take it over.  Maniaci made the motion to accept this resolution.  Miller seconded.  Roll Call:  Miller ayed.  Maniaci ayed.  Fusner ayed. 


Maniaci said he and Fusner checked on the drainage problem on Rollins Drive and they did not see any issues at this time.  There has been about 3 days of rain in a row and neither one of the trustees has seen any issues as far as how the water is draining.  The road drains fine and the culverts are draining fine.  At this time Maniaci said he does not recommend taking any further action.  Fusner said his only concern is that we do not allow property yard enclosures to be any less than a 12 inch pipe 20 ft section with a catch basin every 20 foot.  This has a 4 inch pipe in it and it should be removed and maybe that would allow more water to go down through the culverts.  Maniaci said they will look into have the people remove that pipe.


Maniaci presented the resolution for the sign replacement and maintenance program in place for the township.  The States website has one that they have said would be good for townships.  It implements our sign maintenance to use older people over age 60 at night to see the reflectivity of signs while driving in an SUV.  They will be changing out stop signs before 2015.  All signs before 2018.  Township would be divided into three zones, which would be according to precincts.  Resolution states that by January 15, 2012 there must be a list of signs, which we already have.  Resolution states we will inspect zone 1 by April 15th, zone 2 by July  15th, and zone 3 by October 15, 2012 to decide which signs need to be changed and will change them accordingly.  Some have already been changed.   Also in this packet are two types of inspection sheets.  Appendix A or appendix B.  Trustees chose the portrait format.  The map will be appendix B and the visual nighttime inspection method is appendix C.  Maniaci made the motion to accept this maintenance and replacement program.  Miller seconded.  Roll Call:  Miller ayed.  Maniaci ayed.  Fusner ayed. 


Thelma Cohagen asked what is the procedure for a resident to let trustees know about notifying residents of their property issues.  Trustees stated it should probably be brought up in a meeting and in the minutes and trustees would drive by to see if they are in agreeance.  She stated the little house across from the Greens Tea Room on route 60 is really bad.  Fusner said sometimes the Health Department can be notified and they will come out and inspect. 


Fusner stated that a gentleman on Vista View Drive contacted him in regards to two lots on Vista View Drive that have not been mowed.  It is owned by Dot.Com Investments, Crooksville and Dan Todd owns two other lots.  He owns parcel 44360154 and 44360155.  Fusner advised him that chances are they probably will not get mowed this time of year but we could approach this next spring. 


Fusner also said the culvert issue on 4035 Gorsuch Road the resident did try to do the right thing by putting a 12” pipe with the catch basin but the pipe has floated to the top of the ground.  So we need to address this and have him install it properly.  Resident is Chris Lesi. 


Steve Fusner stated that the issue we had in Kenlo Woods with the damage done to the road by a big truck has been discussed with Bud Chess.  Bud advised Fusner to type up a letter as to what we are looking for as far as the amount of the damage done.  Fusner stated we can send a letter to R & L Transport as the accident report does show their driver was negligent.  This total reflects the damage to the whole road in the amount of $7500.00.  Maniaci made the motion to send this letter out with the amended verbiage.  Miller seconded.


Maniaci said they have been talking about getting signs for the trucks so people would know who they are.  Kessler’s drew up a couple samples and one from Straight Line – Dave Llewellyn.  Maniaci said he liked Kessler’s design a little better and it was a little cheaper.  Straight Line’s quote was $70 per truck and Kessler’s was $56 a truck.  Fusner asked if this would make our insurance go up, because many years ago he was advised it would.  But it might have changed over the years.  Maniaci said he would check with our insurance company.  Maniaci said he would like to have it in the shape of our township. 


Maniaci said the trucks have got some new tires on them, and new chains and oils have been changed and they are ready to go.


Maniaci asked if we have a job application on file for any new guys that might help to push snow this season.  Maniaci said he spoke with Bud Chess and he advised he didn’t think they have to pay their portion of OPERS unless they want to.  Newell stated she spoke with someone at OPERS and they informed her they do have to pay into OPERS but can get this money returned back to them by filling out proper paperwork.


Maniaci advised that the lady that has been doing our website has been a little lax in the dates and things.  She contacted Maniaci today and stated that he could take it over.  She gave him the password.  There are some things he would like to change.


Miller read the run reports from Falls Township Fire Department.

          14 EMS runs for ART   7:59 minutes


Miller brought up an issue about some previous fire department members, one being Trenton McCarty has posted on his Facebook page that some of his responses that he has been communicating via facebook has a picture of some firemen watching a house burn and his wording is “This is Mtfd just watching Jerry Miller’s house burn”.  Another response on McCarty’s page was “Well the voters slayed the demon by voting in a new trustee and fiscal officer but they screwed up by continuing to support the fire levy why do they want to support a terrorist organization?”  And there was a jiffy pop popcorn container hanging on a wall that he made the comment that says “That’s how al-quada (Falls) knows there is a fire”.  Miller said he thinks this should be in the minutes because that is a big reason as to why we no longer have Muskingum Township Volunteer Fire Department even though some people think we need to.  Miller said he has brought it to the attention of the Prosecuting Attorney and the Sheriff’s Office. 


Thelma Cohagen stated she asked Miller specifically in regards to the emergency run for Roger it was listed as 9 minutes and something.  She said from the time they hung up the phone their clock said it was 7:30 minutes.  Miller said according to dispatch it was 9:30 minutes to that run.  Patty Bishard said they did a heck of a job.


Lynn Sellars advised that when she talks to the people of the township like she did, they are not happy with the loss of their fire department.  Fusner asked her if they knew the truth.  Sellars stated yes they do know the truth; she did not lie to them.  Fusner never said she lied, he read the deposition, and he was there.  And Miller said it was in the deposition that there were mis-truths on her part.  Fusner said he had letters from people that went to the lawyer that said she mis-led them.


Patty Bishard said her suggestion would be that it is a mute point now and to avoid running the tape that doesn’t need to be ran.  If there are individuals that have issues, let them go hire to an attorney and go through the proper channels on their own and quit wasting the residents tax money.


Miller said he has an amendment to the fire contract he presented.  It has been worked out with Falls Township.  It is to extend the contract with Falls until the end of the levy, since the levy was passed.  Miller read the contract and made the motion to extend this contract out until the end of the fire levy in 2017.  Maniaci seconded.  Roll Call:  Miller ayed.  Maniaci ayed.  Fusner ayed. 


Miller said there is still the issue with the missing equipment, projectors, and radios.  Fusner made the motion to move forward with this, to request a full investigation and have Sheriff Matt Lutz do what he needs to do.  Miller seconded.  All ayed. 


The next township meeting will be held December 29th, 2011 at 7:00 p.m.  The re-organization meeting will be held January 1st, 2012 at 9:00 a.m.


Maniaci made the motion to go into executive session for the purpose the same as last meeting.  Item #4 which reads:  Reason for executive session preparing for conducting or reviewing negotiations or bargaining sessions with public employees concerning their compensation or other terms and conditions of their employment.   Fusner seconded.  Roll Call:  Fusner ayed.  Maniaci ayed.  Miller ayed.  Maniaci’s motion would be to include the new township trustee Matt Hittle as a guest.   Hittle said he already did some checking into this today to make sure it is legal. 


Miller made the motion to go back into regular session.  Maniaci seconded.  Roll Call:  Miller ayed.  Fusner ayed.  Maniaci ayed.


Patty Bishard asked that all the personnel files also to be included in the investigation of the missing items from the Muskingum Township Fire Department.


Newell advised trustees about a lady who was here from Illinois checking into her great-great grandfather who is buried in Sherrod’s Chapel Cemetery.  While here she was hoping to get the key to the gate so she could see his grave site.  Unfortunately she wasn’t able to make the proper connection to do so.  She had read previous minutes from our website which addressed the Eagle Scout doing work in Sherrod’s Chapel Cemetery.  She then sent a letter to the township asking for the Eagle Scout’s name and phone number and wanted to know if we could put a new headstone on her great-great grandfather’s grave.  Newell did email her this information and she also wanted Newell to forward her phone numbers on to the trustees.  Newell gave Maniaci the lady’s phone number and he said he would call and see what she wanted. 


Maniaci moved to adjourn.  Seconded by Miller.  All ayed.






                          JERRI A NEWELL, FISCAL OFFICER








December 2011 End of Year Mtg.





DATE: December 27, 2011


PURPOSE OF MEETING: Regular Meeting.


OPENING: The Muskingum Township Trustees met in regular session on December 27, 2011 at 7:00 p.m. in the Fire Building.  All trustees and fiscal officer were present.  There were 14 residents present.


Minutes were read and corrected to read “Fusner said his only concern is that we do not allow property yard enclosures to be any less than a 12 inch pipe 20 ft section with a catch basin every 40 foot from catch basin.  Checks were approved and signed for payment.


Maniaci made the motion to go into executive session for item #4 which reads: Reason for executive session preparing for conducting or reviewing negotiations or bargaining sessions with public employees concerning their compensation or other terms and conditions of their employment.  He also wanted to invite the two township workers, Curtis Salmons and Charles Mattingly to go into executive session with the trustees.  Jerry Miller seconded.  All ayed.  Roll Call:  Maniaci ayed.  Miller ayed.  Fusner ayed. 


Miller motioned to come back from executive session into the regular meeting.  Maniaci ayed.  Fusner ayed.  Miller ayed. 


Fusner wanted it known that he amended the paperwork that he was submitting to R&L Transport was to compensate Muskingum Township for road repairs in the amount of $7500.00. and also corrected Mike Maniaci’s phone number.  All trustees signed the letter and Fiscal Officer will mail it.


Maniaci said the house at 3240 Creamery Road is owned by Stephen Mitchell Hallack.  Appears to be the only lien holder on the property and current on his taxes.  Maniaci had a resolution and a notice to be sent to him for the removal of the debris, vegetation, garbage in his yard.  The resolution was passed at the last meeting.  A certified letter will be mailed to Mr. Hallack so we will know it has been received.  Miller advised there was no contact number on the letter, so Maniaci said he will amend that letter and forward onto Fiscal Officer once it has been corrected.


Maniaci also advised the signs for the trucks would be $48.00 a truck from Kessler Sign. 


Maniaci said he received notification from the Frank Gates Company in regards to our Bureau of Work’s Compensation that someone had to attend a two-hour safety training, which he did.  He submitted his certificate to the fiscal officer and it will be put into his personnel file.  Fusner advised he also completed his training online and submitted a certificate of completion.


Miller discussed putting a sticker over the aluminum sign out front of the buildings to read Muskingum Township Building & Office and/or Station #3.  Maniaci said he will check with Kessler’s in regards to a price.  Maniaci said he would like to make a motion to get 6 signs from Kessler’s for the trucks, possibly on the backhoe and other equipment.  Maniaci said he did check with the insurance company and there is no extra cost to the township to have these signs displayed on the trucks.  Miller said we should not make a motion for the signs until after we see the final design.  All trustees agreed.


Maniaci stated that Curtis and Charlie, along with Cass Township, finished the Schneider Lane Project.  Salmons said we still need to build a fence around the bottom of it to keep the cows away from it.  Maniaci stated that the road part has been completed.


Maniaci submitted the inventory sheet to the fiscal officer which will be mailed to the county engineer’s office. 


Maniaci also stated that there is a new payroll certification which the trustees will use to document their time worked on the roads for each month.  He had an example which came from the Auditor’s Office that he wanted to adopt for the upcoming year.  It is no longer necessary to keep track of the days worked, only certify percentages of what portion was worked on roads and general business.  It is not required to be done the old way, according to the Ohio Revised Code.


Jerry Miller advised he received a letter from the Health Department advising it was time for the for the Backflow test.  Miller said he wanted Curtis to call the plumber and have him come and do the testing. 


Miller wanted to make the motion to accept the resolution 2011-12-29.  Muskingum Township will maintain health insurance benefits for to the trustees, fiscal officer and its employees per O.R.C. 505.60.  This will allow the newly elected official’s to take health insurance through the township.  Fusner said according to the Grassroots flyer, the O.R.C. codes are 505.60, 505.602 and 9.833 Maniaci seconded.  All ayed.  Roll Call:  Maniaci ayed, Fusner ayed, Miller ayed. 


Fusner advised that he and Maniaci are going to the Winter Conference in February. 


Forest Mendenhall wanted to say Thanks for a job well done by all three trustees and fiscal officer.  Through all the hardships and things they have all been put through unnecessarily and by some very self serving people in this township, who have helped dig us a hole we now have to dig ourselves out of.  He wanted to thank them all for their diligence and service to the citizens of this township. 


Thelma Cohagen wanted to thank Mr. Miller for his time and effort he has put in the last 8 years and would anticipate that Mr. Hittle would do the same.


Fusner advised that Curtis put in a culvert on Dresden Road due to a culvert being eaten out.  He extended this culvert out further than the old one to try to get the water out away from the road, approximately 10 feet further than it was.  There is a slip there and Miller got an estimate from Zemba Brothers to fix the slip for $7190.00.  It is approximately 90 feet long.  They will shelf it out down 15 feet and then put 601d rock a foot and a half thick to allow moisture in hillside to escape.  Maniaci made a motion to accept the estimate from Zemba Brothers.  Fusner seconded.  Roll Call:  Maniaci ayed, Miller ayed, Fusner ayed.


Curtis Salmons also advised that the tree they cut off of  Chug Run today has the tree lying on the phone line.  The poles are broke off and they did prop up the line with a tree to hold it up.  Someone needs to call and try to get the line cleared away from the trees.  Fusner said he will call tomorrow to try to get this taken care of.


Maniaci moved to adjourn.  Seconded by Miller.  All ayed.






                          JERRI A SALMONS, FISCAL OFFICER