Nimishillen Township Board of Trustees

June 8, 2006

On Thursday, June 8, 2006, the Board of Trustees of Nimishillen Township met in regular session at 7:00 P.M. at the Nimishillen Township Hall located at 4422 Maplegrove NE with the following members present:  Trustee President Todd D. Bosley, Vice President Lisa R. Shafer, Trustee Michael L. Lynch and Fiscal Officer Carlene Harmon.

 

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: Trustee Lynch gave the invocation.

 

GUEST SPEAKERS:

 

Attorney Allen Schulman and Attorney Jim Robertson - Legal Issues regarding Fire Station No. 3: The attorneys gave an update on the unacceptable construction delays at Fire Station No. 3.  The date of completion should have been December 15^th, 2005.  It was explained there were four different contractors stating General Contractor, R. P. Babik, is responsible for the scheduling of the contract work, i.e., everything except plumbing, electrical and HVAC.  The attorneys said the township residents should be proud of Fire Chief R. Peterson and the three trustees stating the delays have nothing to do with the Board of Trustees or Chief Peterson.

 

Several problems regarding this project were discussed.  The attorneys are in the process of prioritizing these problems stating the existing problems will be handled as expeditiously and as quickly as possible in the most economical way.

 

Final notices were given to the contractors for unfinished or faulty work.  It is up to the Board of Trustees to determine if the contracts will be terminated and other contractors hired to finish the job.

 

Questions, answers and discussion followed.

 

Before continuing with the Fire Department, Trustee Lisa Shafer addressed the recent issue of wood removal from the Jeffries property.  She explained she was working on site.  The excavator had removed some trees in that area and offered several surrounding residents the wood from the trees so he would not have to haul it away himself.  The excavator also offered the wood to Mrs. Shafer’s husband’s company so they took the wood to their home.  There was no cost involved.  Mrs. Shafer said it was brought to her attention by one of the media that some township residents had contacted the media.  After talking to the person from the media, Mrs. Shafer sought advice from the Stark County Prosecutor and although nothing being done was illegal, the prosecutor suggested it would be a good idea to donate the wood to members in the community.  Mrs. Shafer explained she and her husband continued to remove and split wood for township residents’ use.  Part of the wood went back to the site where it was taken from (off Violand) and part was stacked at the township garage.  Mrs. Shafer said it was going to be announced at tonight’s meeting that there was split wood at the township garage for residents who could not get out to get wood or not able to split it; however, all the wood is gone.  Some residents already came and took it.

 

During discussion, it was stated that several residents called the township office asking about the wood.  Trustee Lynch explained a call came in while he was having a meeting with the office staff and he said it was okay for the unknown resident to come and take it. 

 

Resident Donna Fuller stepped to the podium and questioned the taking of the wood.  During discussion, it was told that Russ Goffus came and took some.  It was explained that Mr. Goffus

 

Nimishillen Township Board of Trustees

 

June 8, 2006 (Cont.)

 

had called the office the next morning and asked about the wood and was told it was okay for him to take some.  More discussion followed.

 

FIRE DEPARTMENT: (Chief Rich Peterson)

 

Change in Trash Removal Companies: Chief Peterson reported they are now using Metro Disposal instead of Republic Waste Services.  With Metro, they are getting three two-yard dumpsters for less than what they were paying for two for a savings of $20.00 a month.

 

Additional Architectural Fees: Architect, Tom Klingensmith, has expressed concern because technically their contract ended December 15^th, 2005 resulting in additional hours and time.  Chief Peterson will have Mr. Klingensmith attend the June 22^nd, 2006 Trustees Meeting and submit a proposal to the Board.

 

Communications Center Update (911/Mapping/CAD/Radio Systems & Federal Funding Request): Chief Peterson reported he sent the Board a copy of the email from Regula’s office showing that the federal request is still alive.  He also said he met (today) with people from Positron and AT&T for the 911 systems and finalized that.  He said he is also looking at two different funding sources to be able to fit into the terms of the Federal Grant.  After all the information is put together, Chief Peterson would like to meet with the Fiscal Officer, Board of Trustees and the people from AT&T and Positron for an informational session so the Board of Trustees can make a decision.

 

Open House for Fire Station No. 3: Even though Station No. 3 is not yet occupied, a date of August 13^th was set for the open house.  Time and details will be determined later.  Trustee Lynch said the Louisville Area Chamber of Commerce and Louisville Rotary Club would like to participate in planning the open house and said he would be happy to head it up and put the party together.  The Board agreed and thanked Mr. Lynch.

 

Rehire Firefighter/Paramedic Jason Marshall: Mr. Lynch moved to rehire Firefighter/Paramedic Jason Marshall, seconded by Mrs. Shafer.  Roll call voting went as follows: Mr. Lynch – yes, Mrs. Shafer – yes and Mr. Bosley – yes.  Motion carried.  RES#06-178

 

Lieutenant Mike Wrobel: Chief Peterson asked the Board to approve the resignation, effective June 15, 2006, of Mike Wrobel stating he is moving to Florida.  The Chief said Mr. Wrobel has been a good employee and presented him with a Certificate of Appreciation for his hard work and dedication.  Mr. Wrobel received a round of applause.

 

Mr. Lynch moved to regretfully accept the resignation of Lt. Mike Wrobel, effective June 15^th, seconded by Mrs. Shafer.  Roll call voting went as follows:  Mr. Lynch – yes, Mrs. Shafer – yes and Mr. Bosley – yes.  Motion carried.  RES#06-179

 

ROAD DEPARTMENT: (Superintendent Chris Peterson)

 

Pressure Pump: Road Superintendent, Chris Peterson, said a low volume, high-pressure pump to put in the back of one of the township trucks would cost $5,200.00, which would be used to blow out pipe for culvert/crossover work.  Since this was the first time Mr. Bosley had heard about this and after some discussion, the Board agreed they wanted time to think about it and make a decision in the near future.

 

Road Report: Mrs. Shafer moved to approve the Road Report for June 8, 2006, as written, seconded by Mr. Lynch.  Roll call voting went as follows: Mrs. Shafer – yes, Mr. Lynch – yes and Mr. Bosley – yes.  Motion carried.  RES#06-180

 

Paving Agreement Between Stark County and Nimishillen Township for 2006 Road Resurfacing: This agreement is to confirm that the road levy funds are available for the paving project.  Mrs.

Nimishillen Township Board of Trustees

 

June 8, 2006 (Cont.)

 

Shafer moved to enter into agreement with the Stark County Engineers for the 2006 Road Resurfacing Program estimated in the amount of $205,679.25, seconded by Mr. Lynch.  Roll call voting went as follows:  Mrs. Shafer – yes, Mr. Lynch – yes and Mr. Bosley – yes.  All voted yes.  Motion carried.  RES#06-181

 

ZONING DEPARTMENT: (Keith Lasure)

 

Zoning Report: Mrs. Shafer moved to approve the Zoning Report for June 8, 2006, as written, seconded by Mr. Lynch.  Roll call voting went as follows: Mrs. Shafer – yes, Mr. Lynch – yes and Mr. Bosley – yes.  Motion carried.  RES#06-182

 

CONCERNS OF CITIZENS:

 

Tom Phillips of 5363 Lesh stepped to the podium and commented on:

• Removal of wood from Jeffries property – Explanation was give by Mrs. Shafer earlier.  More discussion followed.
• Questioned Road Superintendent for attending a fire in the township on May 30^th – Fire Chief R. Peterson explained Superintendent C. Peterson’s leave of absence is an administrative leave so he could devote more time to the township road department and explained Superintendent C. Peterson is allowed to attend a fire and that he is covered in case of an accident or injury and it does not create a township liability.  Mr. Bosley stated Superintendent Peterson was driving by when the fire broke out and called him and he told him it was okay for him to go to the fire and help.  Chief Peterson posed the question if a trained firefighter sees a fire, do we want them to stop and help or do we want them to be afraid they will be criticized for helping stating if it was your house on fire, you’d be glad to see him.  Discussion followed.

 

8:00 PM:

 

1. Hearing for proposed amendment to the Nimishillen Township Zoning Resolution to add to Section 602.12, Outdoor Wood Burning Furnaces, to Article VI, General Standards and Special Provisions

 

The hearing for outdoor wood burning furnaces was held.  Since the Board of Trustees has twenty (20) days to make a decision and after a very lengthy discussion and questions and concerns from residents, the Board agreed to take advantage of the twenty (20) days and to ‘continue’ tonight’s hearing regarding the proposed amendment on Outdoor Wood Burning Furnaces until the next Trustees’ Meeting on June 8, 2006.

 

The biggest concern was a yearly fee to be charged to residents and residents in R-1 not being treated the same as residents in R-R.

 

The Board agreed to take a five-minute recess.  Mr. Lynch moved for a five-minute recess, seconded by Mrs. Shafer.  Roll call voting went as follows: Mr. Lynch – yes, Mrs. Shafer – yes and Mr. Bosley – yes.  Motion carried.  RES#06-183

 

After the five-minute recess, there was a ‘slight’ problem with the CD recorder.  Even though it looked like it was recording, i.e., the counter was counting down as if it was recording, the remainder of the 2^nd CD is blank.  From notes and memory, the written minutes will reflect what was not recorded.

 

 

 

 

Nimishillen Township Board of Trustees

 

June 8, 2006 (Cont.)

 

2. Bid opening for Kathryn Avenue Project – Storm Water Materials

 

The following three bids were received:

• Ray Lewis & Co. from Lisbon, Ohio – Bid on pipe only for a total bid of $11,644.00
•  Marlboro Supply from Louisville, Ohio – Bid on total job for a total bid of $16,211.40
• Baughman Tile Co. from Paulding, Ohio  - Bid on pipe only for a total bid of $10,668.00.

 

The Board agreed to have Superintendent C. Peterson go over the bids and the trustees will award it later this evening.

 

CONCERNS OF CITIZENS (Cont.):

 

Dennis Brown of 4174 Homeland stepped to the podium and asked about Groffre and a buffer between residential areas and industrial sites.  Discussion followed.

 

Tom Phillips of 5363 Lesh stepped to the podium again and spoke on the Administrative Township Employee Handbook and the Fire Department Employee Handbook and offered his help on various things.  Discussion followed.

 

CONCERNS OF TRUSTEES:

 

3393 Maplegrove Pipe Project: The creek/ditch (outlet from the crossover) is causing Denise Fishel’s property located at 3393 Maplegrove to erode and wash away.  The problem is this is both on and off road.  She said she called Stark Soil & Water but they were of no help whatsoever.  Ms. Fishel said she would purchase the pipe if the township would put it in.  After discussion, Mr. Lasure said he would call the prosecutor for an opinion and Mr. Bosley said he would talk to the engineers again to see what could be done. This was tabled unit the next Trustees Meeting on June 22^nd. 

 

Adopt Stark County Natural Hazards Mitigation Plan: After explaining the necessity and importance for the township to adopt the Mitigation Plan, Mrs. Shafer moved for Nimishillen Township, effective June 8, 2006, to pass the following resolution adopting the Stark County Mitigation Plan as submitted to the Township Board and therefore be it resolved by the Board of Nimishillen Township Trustees that the County-wide All Natural Hazards Mitigation Plan is hereby adopted as the official plan of Nimishillen Township, seconded by Mr. Lynch.  Roll call voting went as follows: Mrs. Shafer – yes, Mr. Lynch – yes and Mr. Bosley – yes.  Motion carried.  RES#06-184

 

OLD BUSINESS:

 

Grover Street Improvements: Superintendent Peterson and Trustee Lynch met with Ken Carter at the Stark County Engineers Office regarding vacations of roads stating it’s quite complicated.  Mr. Peterson explained once we start to maintain a road, it becomes ours.  Mr. Carter’s recommendation was whatever we don’t get gas dollars for, put them on reserve.  A law was passed that gives townships the authority to put a road on ‘reserve’ status (because we would not be getting any money for it) without having to go through the Board of Commissioners.

 

Mr. Bosley said there are two issues:

 

• Residents who say the road is going to fall in, and
• Are we going to improve it, i.e. take it above gravel status

 

Nimishillen Township Board of Trustees

 

June 8, 2006 (Cont.)

 

The question is do we do something with the crossover?  After discussion, the Board requested Peterson get prices.  This was tabled until the next Trustees Meeting on June 22^nd.

 

Price for Guardrail on Lesh: Superintendent Peterson reported the County is aware that a guardrail is needed and they will put it on their schedule and put up a guardrail at no charge.

 

Award Bid for Kathryn Project: Superintendent Peterson said Lewis and Baughman bid on pipe only and Marlboro bid on the whole job.  Peterson’s recommendation to the Board was to go with Marlboro Supply since they bid the whole job and because they are local, it would avoid having to drive to Lisbon or Paulding to get extra supplies, if needed.  Marlboro will deliver on site.

 

Mrs. Shafer moved to approve Marlboro Supply for the Kathryn Avenue Project Storm Water Materials in the amount of $16,211.40, seconded by Mr. Lynch.  Roll call voting went as follows:  Mrs. Shafer – yes, Mr. Lynch – yes and Mr. Bosley – abstained.  Motion carried.  RES#06-185

 

 

APPROVAL OF MINUTES:

 

Mrs. Shafer moved to approve the Minutes for May 25, 2006, as written, seconded by Mr. Lynch.  Roll call voting went as follows: Mrs. Shafer – yes, Mr. Lynch – yes and Mr. Bosley – yes.  Motion carried.  RES#06-186

 

CONCERNS OF THE FISCAL OFFICER:

 

Transfers per Res. #06-015: May 31, 2006: $1,498.99 was transferred from 10-A-03 Fire WC to 10-A-15 Other Expenses.

 

Resolution for Purchase of Office Supplies: Mrs. Harmon explained there is a Resolution on the books to buy recycled products; however, recycled products are sometimes more expensive.

 

Mrs. Shafer moved to purchase office supplies at the lowest and best price, seconded by Mr. Lynch.  Roll call voting went as follows: Mrs. Shafer – yes, Mr. Lynch- yes and Mr. Bosley – yes.   Motion carried.  RES#06-187

 

Stark County Budget Commission – Waive Filing of 2007 Tax Budget: Mrs. Harmon explained this is normally done by July 20^th, but the form is being revised and the new date to submit the budget is now in October.

 

APPROVE ALL PURCHASE ORDERS:

 

Mrs. Shafer moved to approve all Purchase Orders, seconded by Mr. Lynch.  Roll call voting went as follows:  Mrs. Shafer – yes, Mr. Lynch – yes and Mr. Bosley – yes.  Motion carried.  RES#06-188

 

APPROVE FINANCIAL REPORT AND PAY BILLS:

 

Mrs. Shafer moved to approve the Financial Report and pay bills in the amount of $24,189.04, seconded by Mr. Lynch.  Roll call voting went as follows:  Mrs. Shafer – yes, Mr. Lynch – yes and Mr. Bosley – yes.  Motion carried.  RES#06-189

 

SIGN CHECKS AND ADJOURN:

 

Mrs. Shafer moved to sign checks and adjourn, seconded by Mr. Lynch.  Roll call voting went as follows:  Mrs. Shafer – yes, Mr. Lynch – yes and Mr. Bosley – yes.  Motion carried.  RES#06-190

 

The meeting adjourned at 9:45 PM.

 

Nimishillen Township Board of Trustees

 

June 8, 2006 (Cont.)

 

 

 

 

 

 

 

 

 

 

______________________________                         __________________________________

Attest:       Fiscal Officer                                        Todd D. Bosley, President

                 Carlene Harmon

 

 

 

 

 

                                                                               __________________________________

                                                                               Lisa R. Shafer, Vice President

 

 

 

 

 

                                                                               __________________________________

                                                                              Michael L. Lynch, Trustee