Nimishillen Township
July 13, 2006
On Thursday, July 13, 2006, the Board of Trustees of
The
regular meeting was called to order at 7:00 PM by President Todd D. Bosley who
led the staff and audience in the pledge of allegiance.
INVOCATION:
Todd
Bosley welcomed Father Howard from Sacred Heart of Mary. Father Howard gave the invocation.
MOMENT OF SILENCE:
Todd
Bosley asked for a moment of silence for Michael Yoder and his family.
GUEST SPEAKERS:
Todd
Bosley introduced Nancy Ruble with the Coalition for Animal Concerns. Ms. Ruble brought three Greyhounds with
her. She explained the purpose of the
Coalition of Animal Concerns is to educate people on the care of animals and
stated that when you adopt an animal, it’s a lifetime commitment and not
something you toss aside and throw away.
Ms.
Ruble said they are not a rescue group.
She takes Greyhounds to schools to teach children on the care of
animals. They also visit nursing homes. She said the group was founded five years
ago. She talked about the importance of
spaying and neutering animals and said the Pet Fix
Ms.
Ruble said they work with the
She
further said Greyhounds do not bark and do not have a doggie odor. She does have Greyhounds available for
adoption through John Lamielle who runs the “Greyhound Gathering’. They meet at Pet Smart in
FIRE DEPARTMENT: (Chief Richard Peterson)
Approval to
Approval to Repair the Electrical Conduit Water Leak at Station No. 3: After discussion, Lisa Shafer moved to
authorize Spring Electric to repair the electrical conduit water leak at Fire
Station No. 3 and in addition to that, if willing, run a camera through the
line at an approximate cost of $750.00, seconded by Mike Lynch. Roll call voting: Lisa Shafer – yes, Mike
Lynch – yes and Todd Bosley – yes.
Motion carried. RES#06-216
Update on
Update on Fire/EMS Awareness Day Balloon Liftoff: Chief Peterson reported he
met earlier today with the
Contract Extension for Additional Architectural Services: Chief Peterson reported
the contract term was 4/13/05 to 12/15/05.
Tom Klingensmith is continuing his service (at no charge) and they are
willing to continue to do so and negotiate a settlement. Peterson said this is up to the Board’s
discretion. This was tabled until the
July 27th, 2006 trustees meeting so the Board would have time to
look over the settlement proposal from Klingensmith.
Open House Update: In regards to invitations to the open house,
Peterson contacted some of the vendors (SBC, Positron, Motorola). He also asked about inviting other elected
officials, business representatives and people in the community. He also suggested putting it in the local
newspapers to get the word out. Mike
Lynch said he would work with Cheryl at the
Stark
GUEST SPEAKERS:
Resolution to Approve the Amendment to the August 28, 2003 Enterprise
Zone Agreement: Due to Attorney Randy Hunt’s late arrival, at this time he asked to
amend the Ohio Enterprise Zone Agreement which was executed back in August
2003. Mr. Hunt said Biery Cheese is now
a larger operation in terms of dollars invested as well as more jobs created.
After
discussion, Lisa Shafer moved to approve the amendment to the August 28, 2003
Enterprise Zone Agreement between Nimishillen Township and the Stark County
Commissioners and Biery Cheese, Inc., seconded by Mike Lynch. Roll call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd
Bosley – yes. Motion carried. RES#06-217
Dennis Biery with Biery Cheese – Requesting the Board to Approve the Tax
Abatement: Lisa Shafer moved to approve the tax abatement for Biery Cheese,
seconded by Mike Lynch. Roll call
voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes. Motion carried. RES#06-218
The
Board agreed the township is blessed having Mr. Biery in our community.
ROAD DEPARTMENT: (Superintendent Chris Peterson)
Chuck Harsh – Maintenance of Road @ 8535
Keith
Lasure said he had explained to Mr. Harsh information that he had received from
the county. Keith said there is nothing
further that can or will be done on that stretch of road. Keith said its up to the Board as to what
type of maintenance the township will provide – either continue with the gravel
as in the past or whatever else the Board sees fit. Todd Bosley said in the past, the township
has plowed the road and kept it at a gravel status.
Todd
Bosley then asked about the oil well situation.
Keith Lasure said the township can make the oil well company move the
fill line but as far as the tank is concerned, the township cannot do anything. It was agreed the fill line would be moved.
Todd
Bosley said improving the road this year has not been planned because bids have
already been submitted to the county.
Mr. Bosley said there’s a possibility that someday the road could be
blacktopped or at least chipped and sealed.
Keith Lasure said a decision needs to be made regarding how many feet –
otherwise - it’ll be on private property.
Mr. Lasure said there is absolutely no way to vacate this road. The county wants no part of it. Mr. Lasure said he had told Mr. Harsh the
only recommendation would be through a civil action. Mr. Bosley said the township would continue
to maintain the road but at this time, there are no plans to improve it this
year. The Board agreed.
- Robert Boone of 7981
- Showed pictures –
discussion followed regarding a 4” line that runs across
- Wayne Carr of 8001
1.
Main objective is going from a 15” line to a 12” line down to a 4” line
– no amount of water will run through a 4” line. Todd Bosley said this line is either broken
or plugged in between the lines. After
discussion, Mr. Bosley asked Chris if we could get the lines marked and get an
excavator to look at it. More discussion
followed.
Keith Lasure reported he was there last week with
Nick Hammer from the Stark County Health Department and the property owner did
not want to go from a 4” line to a 12” line for whatever reason and that’s
where the problem is. Also, everything
is on private property. Todd Bosley
agreed but said the problem is coming from our crossover and line.
Chris said he and road crew member, Brad Bair,
would take a look at it and see if they can put a swale in their yard to get
some drainage through there and get it opened up. Keith Lasure said Nick Hammer feels septic
tanks are being run right into that line and he wants to do a dye test on this
property. Todd Bosley said we need to
deal with the standing water stating that Gary Connor from the
This was tabled to the next Trustees Meeting on
July 27, 2006 to find out what is going on and have OUPS come in and mark the
lines. Mike Lynch asked Keith Lasure to
keep working on this. Discussion
continued between the audience, Board, Keith Lasure and Chris Peterson.
8:00 PM - EXECUTIVE SESISON:
Since it is almost 8:00 PM, Lisa Shafer moved to go
into Executive Session at 7:55 PM with
Lisa Shafer moved to come out of Executive Session
at 9:04 PM, seconded by Mike Lynch. Roll
call voting: Lisa Shafer – yes, Mike Lynch- yes and Todd Bosley – yes. RES#06-220
Todd Bosley explained that at this time regarding
raises for township employees, which was talked about in January 2006 and
postponed until July 2006, the Board discussed and agreed to put raises on
hold. He explained at this time there
are a couple ‘bumps’ in the road that they need to deal with, i.e. Fire Station
No. 3, and said they do not want to over-extend the budget so at this point
now, they are not going to offer any raises at this time based on the fact that
the Board’s main priority is to make sure that the fire department has everything
it needs. When legal issues are over or
if things would change this year, the Board agreed they would definitely
reconsider raises again. Mr. Bosley said
there might be inheritance tax that would become available.
Mr. Bosley said they truly appreciate all the
employees and all that they do but at this time, they cannot do anything else
until they know for certain where the township is with the legal
proceedings. The Board agreed with what
Mr. Bosley said adding that the township is facing some challenges at this
time.
A resident in the audience asked if this included
raises for the trustees. Fiscal Officer,
Carlene Harmon, said State Statute sets the elected-officials’ salaries.
ROAD DEPARTMENT: (Continued)
Various Drainage Concerns: Following is a list of
various drainage concerns with some discussion on each…
- West side of
- Jim Pocza – corner Grenshaw & Broadway – where county installed
a large pipe in his yard. This
water problem is part county’s responsibility and part township’s
responsibility
- Harold Armstrong –
- Dave Bush – 4510 Fruitland – same problem as Mr. Armstrong
- Tom Phillips wants the pipe replaced under
- Elizabeth Dade- 5126 Glenhaven – has a water problem at the end of
her driveway
- Mr. Dansizen wants yard fixed properly – Chris said he talked to
him since they did work there and Mr. Dansizen was happy. Chris will check into it further.
- Midpine – cornfield situation – Mr. Tyson from Stark Soil and
Water handled
- Grover Street – off
- Mr. Williams –
- Maplegrove and Apple – severe flooding across the road – Lisa said
letters were sent to the county to survey both
- 6697 Pilot Knob – Mr. Cessna – Lisa reported on this
- Mr. Jude France at 5870 Stark – a lot of flooding as well as
Ronald Fenningsdorf at 3860 Violand
- Ashbrook – flooding problems
- Gephart – flooding problems
- Maplegrove – off road – Lisa Shafer will contact the county
regarding water coming across the road
- Eastlawn – several calls were received from multiple neighbors –
need to have Gary Connor look at the situation
- Joliat project – Chris said he met with him and he will have to
take laser shots to see what can be done
- Mike Lynch said he is working with the State regarding big
problems on SR153 past Meese and on Beridge about residue from a
cornfield running onto a resident’s property and mud runoff onto our
roads
Dates for the Paving Program: Chris Peterson said this
is currently being advertised in The Repository by the county. Bids will be opened on July 27, 2006 and he
hopes to have this information so he can report on it at the July 27, 2006
Trustees Meeting.
Road Report: Lisa Shafer moved to
approve the written Road Report for July 13, 2006, seconded by Mike Lynch. Roll call voting: Lisa Shafer – yes, Mike
Lynch – yes and Todd Bosley – yes.
Motion carried. RES#06-221
ZONING DEPARTMENT: (Keith Lasure)
Zoning Report for Stark
Zoning Report: Lisa Shafer moved to approve the written Zoning Report for July 13,
2006, seconded by Mike Lynch. Roll call
voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes. Motion carried. RES#06-223
EPA REPORT: (Keith Lasure)
Keith reported he has almost one-half of the mapping done for the EPA
for the illicit water drop-offs and hopes to have it completed in the next two
to three weeks.
CONCERNS OF CITIZENS:
- Donna Fuller of 5857
- Asked if the balloon
liftoff would cost the taxpayers any money. Todd Bosley explained the township
committed to a donation of $5,000 stating this money would be raised by
holding raffles and fundraisers and said it’s not our intention to use
taxpayer’s money. Discussion
followed.
- Questioned how many
newsletters the township put out in the past. Todd said in the past we’ve done two
but this year, the plan is to do four.
Mrs. Fuller questioned the cost of doing four newsletters vs. two. Carlene Harmon said four newsletters is
twice the cost of two newsletters.
Mr. Bosley said it’s important to do the newsletters because they
keep everyone informed about what’s going on. Discussion followed.
- Stated there’s no
street sign at Maplegrove and
- Mark Rumble of 3094
1.
Commented on the newsletter stating maybe two would be enough due to the
township’s budget problems and said it should be printed on recycled paper vs.
the shinny, glossy paper. Carlene Harmon
said recycled paper costs more.
2.
Asked about putting up signs on properties requesting a zone change –
that way everyone would know and not just the few adjoining property owners who
are notified by letter.
3.
Read an article from the ‘Farm Bureau
- Linda Shier of 8710
- Asked if the Board of
Trustees hired or picked the electricians for Station No. 3 – Chief
Peterson explained the entire project was bid out and each contract was
awarded on the recommendation of the architect.
- She asked about the
township suing the general contractor – the Chief explained the township
is not suing anyone – the township is being sued by the attorney
representing Babik but the township has taken action to remedy the
deficiencies in the building and one of the deficiencies on the punch
list is that there is water coming in an electrical conduit and the
electrical contractor has been given options to try to fix it and they
feel its not their problem; therefore, the township has to determine
what’s wrong, fix it and then go after the individual people who are
responsible. If it’s determined
it’s the electrical contractor, they will be responsible for it and it’ll
be their burden of proof to come back and say it’s not their
problem. Peterson continued saying
at this point, we don’t know, but someone needs to step up and do the
right thing (and they haven’t) so we have to go ahead and get the building
fixed and up and running. Mr.
Bosley said the taxpayers should not, and will not, have to pay for this
stating the township has held back approximately $150,000 on the project
and that’s why we are being sued.
He said the money wasn’t paid because we did not get what we asked
for. He continued by saying we
don’t know for sure who’s at fault – we just know the township isn’t at
fault. Mr. Bosley said we’ve tried
to resolve this since December 2005.
Lisa Shafer said the residents deserve some resolution to this and
they deserve a finished building.
Mrs. Shafer said each trustee called our attorney and a letter was
sent out to the bonding company and shortly after that, the township was
served with the lawsuit filed by Babik.
Mr. Bosley said the Board is being proactive to make sure
everything gets fixed and the building is in a ‘move-in’ condition. Much discussion followed. Mrs. Shier then asked who would pay. Mr. Bosley said we don’t know but he’s
sure it won’t be the township. It
will either be the insurance company or the bonding company or the money
will come out of the $150,000 held back.
- Remodeling of office
space at the township garage – when and who is using the new room and
asked about spending $17,000 on it?
The trustees said the cost was under $5,000 and the new office was
created because the employees were all in one office. Mrs. Shier said Tillie and Sharon are
still in the little office. Mike
Lynch said Carlene Harmon has moved into the new office. Discussion followed.
- Questioned how long
Chief Peterson has been working on the 911 System. The Chief said approximately eight
years but talk has been going on for approximately 15 years. At this point, there was a heated
exchange of words between Todd Bosley and Linda Shier.
- Linda Shier asked
about the attorneys representing the township and if they also
represented the Board and asked if this was a conflict of interest. Mr. Bosley said yes, they do represent
the Board and no, it is not a conflict of interest. Discussion followed.
- Terri Huckels of 8730
1.
Wants a list of how much has been spent on the Groffre Investments
lawsuit saying the township residents have a right to know. She also wants the status of the Cassidy
Extension – asked if it was on reserve status.
Mr. Lynch said the Board is working very hard to remedy this lawsuit and
fix the problem and everything that has been done at this location has been
court order by the judge (clearing trees from Cassidy Extension). Discussion followed. It was stated that the last Board did not
follow through, which put the present Board in a position where the judge
placed a court order. Mr. Bosley said
Russ Goffus handled the lawsuit and this lawsuit was filed before he (Todd
Bosley) came into office. Mr. Bosley
said terrible testimony was given and he (Bosley) personally has a lot of
problems with the way things were handled.
Mrs. Shafer said the insurance company has settled part of this lawsuit
but what has been done recently in the area was court ordered and said those
are the things Groffre Investments submitted and the judge ordered the township
to comply. She continued saying there’s
the other part of the lawsuit the township is involved with now (which is the
appropriations case) and both she and Mike Lynch have been working on
this. They’ve had executive sessions
with the attorneys and met with our insurance carrier and they are looking at
several different options. A dollar
amount cannot be given because the township does not know what that dollar
amount could be. Mrs. Shafer said the
Board owes it to the residents to make this right and its unfortunate that this
has even continued this way. Mrs.
Huckels said it was God who put the water there - not the township and said
it’s always been a flood plain. Mr.
Bosley said he personally wanted this settled long ago and it wasn’t and that’s
why it’s where it is today. More
discussion followed.
2.
Discussion on
3.
Said township garage looks awful – needs mowed – said the township has
an enclosed mower and on rainy days, they should be mowing.
4.
Harsh property – Mrs. Huckels said at the work session, it was agreed
that it’s not the responsibility of the township – said the county washed their
hands of this and the county told Mr. Harsh the same thing and that’s why Mr.
Harsh is after the township to do something.
She said the township should not be maintaining his driveway and should
not do any other work at this location.
Mr. Bosley reminded Mrs. Huckels she was well over the five-minute limit
to speak.
5.
Mrs. Huckels then continued stating people should be putting in dry
wells and the township should not be going on people’s property.
6.
Spoke on Maplegrove and why it floods and said the ditches need to be
cleaned and said this area also needs mowed.
She continued saying the trustees need to get rid of some of the
‘fluff’, i.e. quit spending money, insurance premiums should have a larger
co-pay, abolish longevity pay, no benefits for part time employees and
accountability for all spending in all departments – large or small – and if
this was done, the township wouldn’t be so broke.
At
this time, Mr. Bosley addressed Linda Shier and Terri Huckels stating he
honestly appreciates their attending the meetings but he has a problem (been in
office 2 ˝ years) and they have attended every meeting and stand up and address
terrible, horrible things, i.e. Linda just now accusing him of a conflict of
interest and said the attorney is the same attorney that came and represented
Russ Goffus regarding the truck incident.
Mr. Bosley continued by saying he likes the fact that Mrs. Shier and
Mrs. Huckels are actively involved in the township and meetings, but they get
up at every meeting and point out all the bad things. Mrs. Shier interrupted and said that Mr.
Bosley creates the problems. Mr. Bosley
said neither one of them ever call him with any problems. Mrs. Shier said she doesn’t have to call him
and maybe she calls the other trustees.
Mr. Bosley continued and a heated discussion broke out between Mrs.
Shier, Mrs. Huckels and Mr. Bosley.
Lisa
Shafer then said when she and Mike Lynch took office, there were a lot of
people, not just Linda and Terri, and it didn’t matter if they did something
good or bad, the attitude was that the ‘plague’ was here. Mrs. Shafer continued by saying they want to
move the township forward – not backward – and the same issues are brought up
over and over meeting after meeting.
Problems are not solved over night.
Mrs. Shafer said she couldn’t speak on things that happened in the past
from the previous Boards but said she has a passion to do this job and that’s
why she took out a petition. She said
she wants to make a positive difference, wants a strategic plan and wants to
see the road department move in the right direction. Mrs. Shafer then spoke on possibly doing four
newsletters this year stating it’s a good way to communicate to the public and
keep them informed. She commented that everything
in the newspapers is not factual and not everything you hear is factual. She said the Board wants Mrs. Shier and Mrs.
Huckels at the meetings and they want their input but they need to help to move
forward. More discussion followed and
Mrs. Shier then stated that it’s her goal to run against Mr. Bosley in the next
Trustees’ election. Mr. Bosley responded
by saying now he knows her motivation.
Much more discussion followed.
Regarding
- Mr. Blackmer of 3505
Maplegrove:
- Spoke about the
people in the allotment on SR44 – said he feels for them but said he does
not think he should have to spend his money because someone put in a big
tile, a smaller tile and then a smaller one, which is causing his
problem. He said he thinks if the
township is going to fix a water flow problem elsewhere, then the
township should fix his water flow problems. He said someone put a lake in years ago
(which should not have been allowed) and he needs help. The people north of him are draining
water down past his house and he gets water every time it rains. He said they changed the flow of water
and he should not be responsible for it.
Discussion followed.
CONCERNS OF TRUSTEES: (Todd D. Bosley, Lisa R. Shafer, Michael L.
Lynch)
Street Light at Corner of Shilling & Easton – Orlando Chiarucci –
8436 Easton: Mike Lynch reported that Mr. Chiarucci contacted him regarding the
township paying the electric bill for the light he installed at the corner of
Shilling & Easton. After discussion,
it was the Board’s decision that this is something the township would not be
able to do.
OLD BUSINESS:
Groffre Lawsuit – Estimates to Survey a Parcel of Land: Two bids were received
for a boundary survey for 3766 Tulane, parcel #3301128, to locate and provide a
legal description for easements relating to underground drainage lines for the
area along the north roadway for the above mentioned address and parcel
number. The surveyor would have to
create it and stake it and provide the legal description and the attorneys
would have to accompany the surveyor when the actual survey is done. One bid is from Buckeye Surveying Services
for an estimated cost of $4,900.00 and the other one is from Akins Surveying
for a total cost of $3,500.00. Bids were
also requested from Dave Broemson with Broemson Surveying and Hinton Surveying
Services; however, they said they were not able to give a quote at this time.
After
discussion, Lisa Shafer moved to retain Robert Akins to survey this parcel of
land in the Groffre lawsuit at a cost of $3,500.00, seconded by Mike
Lynch. Roll call voting: Lisa Shafer –
yes, Mike Lynch – yes and Todd Bosley – abstained. Motion carried. RES#06-224
Mike
Lynch added that this is something our attorney said we have to do.
Francesca Ditch Project: After discussion, Chris Peterson said we do have
the updated drawings from the county.
Mike Lynch said some of the residents want this project to go forward,
some do not and some do want it but don’t have the money but overall, the
residents want this project to go forward.
Superintendent Peterson said he and Brad Bair looked at the area after
the last rain and if everyone had the same size culvert, the water would flow
fine. Each resident would need
approximately 30’ of 18” pipe. Mr.
Bosley asked Peterson to give Gary Connor a call and see what he thinks and
table this to the July 27th Trustees’ meeting.
Fire Levy: After discussion, Lisa Shafer moved to approve placing an additional 2
Mil Fire Levy on the November 2006 ballot, seconded by Mike Lynch. Roll call
voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes. Motion carried. RES#06-225
Raising Money for the Balloon Liftoff: As discussed earlier,
Mike Lynch added a fundraiser would be put together. He said his business (Ermanno’s Pizza) would
offer some type of prize for a raffle and he’s in the process of soliciting
other township businesses to help raise money.
Mr. Lynch asked Chief Peterson to look into a dunking booth. Peterson said it costs $173.00 to rent a
booth for the day. Mr. Bosley said he
would see what his business (
If
anyone would like to donate something for the raffle, please call the township
office at 330-875-9924.
APPROVAL OF MINUTES:
Lisa
Shafer moved to approve the written Minutes from the two Special Meetings on
July 5, 2006, seconded by Mike Lynch.
Roll call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley –
abstained because he was not present for one of the special meetings. Motion carried. RES#06-226
CONCERNS OF THE FISCAL OFFICER: (Carlene Harmon)
Release Road Bond #14034433: Mrs. Harmon said Chris looked at this and
explained this bond is from November 2004 for work that has been completed on
Maplegrove. Lisa Shafer moved to release
road bond #14034433 from November 2004, seconded by Mike Lynch. Roll call voting: Lisa Shafer – yes, Mike
Lynch – yes and Todd Bosley – yes.
Motion carried. RES#06-227
Fire Station No. 3 Deficit: Mrs. Harmon said she did take the Chief’s
recommendation that she delete the money she felt we would be short from the
EMS Fund and revised the PERS numbers.
Mrs. Harmon said she would continually change these figures as money is
spent. Right now, the deficit is
$154,930.00, which includes the new tower.
Mrs. Harmon said if we don’t get any more contracts, she would have to
add another extra $33,000.00 to it.
Discussion followed.
APPROVE ALL PURCHASE ORDERS:
Lisa
Shafer moved to approve all purchase orders, seconded by Mike Lynch. Roll call voting: Lisa Shafer – yes, Mike
Lynch – yes and Todd Bosley – yes.
Motion carried. RES#06-228
APPROVE FINANCIAL REPORT AND PAY BILLS:
Lisa
Shafer moved to approve the financial report and pay bills in the amount of
$70,655.93, seconded by Mike Lynch. Roll
call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes. Motion carried. RES#06-229
SIGN CHECKS AND ADJOURN:
Lisa
Shafer moved to sign checks and adjourn, seconded by Mike Lynch. Roll call
voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes. Motion carried. RES#06-230
The
meeting adjourned at 10:45 PM.
______________________________
__________________________________
Attest: Fiscal Officer Todd D. Bosley, President
Carlene Harmon
__________________________________
Lisa R. Shafer, Vice President
__________________________________
Michael L. Lynch, Trustee