Nimishillen Township Board of Trustees

 

  September 28, 2006

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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On Thursday, September 28, 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 Mike Lynch gave the invocation.

 

MOMENT OF SILENCE: Trustee Todd Bosley asked for a moment of silence for former Nimishillen Township Firefighter, Todd Johnson.

 

GUEST SPEAKERS:

 

1)     Debbie Gulling, President of the Louisville Board of Education, stepped to the podium and spoke about Issue #20, which would allow our school system to meet current expenses without deficit spending.  Issue #20 will give enough money to maintain our excellent programs.  After questions and some discussion, Todd Bosley moved that the Nimishillen Township Board of Trustees support Issue #20 in the upcoming election, seconded by Mike Lynch.  Roll call voting:  Todd Bosley – yes, Mike Lynch – yes and Lisa Shafer – yes.  MOTION CARRIED. 

 

Ms. Gulling received a round of applause.

 

2)     Michael Prcela, Vice President of Fifth Third Securities, Inc. stepped to the podium to talk about the new loan for Fire Station #3.  Mr. Prcela stated the previous loan that the township took out with FirstMerit Bank was paid off today.  The loan with FirstMerit was for Fire Station #3 and ancillary equipment.  He explained what took place with the transaction and stated the new 23-year loan will save the township approximately $200,000.00.  He stated there is no penalty if the loan is paid off early and said the new loan is at a significantly lower interest rate.

 

The trustees thanked Mr. Prcela for taking time to explain this transaction, and he received a round of applause.

 

3)     The founder and director of United for Children’s Rights stepped to the podium.  This organization is located in Massillon, OH.  She stated this is a new organization founded in May 2006.  She explained this group helps to protect the voice of our children in the court system.  UFCR also works diligently with State and County leaders to bring about new legislation that will stop these injustices from occurring.  UFCR consists of approximately 50 men and women volunteers.  Weekly meetings are held on Tuesdays at 6:30 PM.  For more information and to find out the location of these meetings, please call 330-936-2059.

 

The group received a round of applause.

 

FIRE DEPARTMENT: (Chief Rich Peterson)

 

Fire training at Marathon Refinery: Mike Lynch said this was a unique training session and said he learned a lot.  Lisa Shafer said it was phenomenal to see what the firefighters go through and said they are going to be expanding and build an even more elaborate training area for everyone to use.  Chief Peterson said Marathon Ashland has been very supportive in the fire service and

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Nimishillen Township Board of Trustees

 

September 28, 2006 (Cont.)

 

allowing them to train at this facility.  The Chief also noted there is no cost to the community and it’s excellent training that you cannot get anywhere else.

 

Fire OPS-101 at Stark State College: Chief Peterson reported the Fire OPS-101 is this Sunday, October 1st, and the trustees are going to participate.  Fire OPS-101 allows everyone (elected officials, people in the community, media, business leaders, etc.) to see what goes on in firefighting training.

 

FREE pancake breakfast: Chief Peterson announced the free Firefighter/EMS pancake breakfast will be held on Sunday, October 29th, at Fire Station #2 on Maplegrove from 8 AM to Noon.

 

Cellular phone equipment upgrade: Chief Peterson reported there have been several discussions with the current agency about the unsatisfactory service and dropped calls.  They did some equipment upgrade.  The phones that were originally shipped were never configured to the tower, which they have since done.  The Chief said we still are not satisfied.  Eight (8) new phones will be coming with the understanding that if we are still not satisfied, that’s the end of the contract.  There is no cost to the township trying to get the problem corrected.

 

Resolution to purchase the telecommunications equipment: After discussion, Lisa Shafer moved to authorize the purchase of telecommunications equipment as listed in the attached equipment list from the Motorola Corporation at State Term Contract Pricing (Contract #21336) in the amount of $167,922.57, seconded by Mike Lynch.  Roll call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley- yes.  MOTION CARRIED. (Copy attached)

 

Letter from Attorney Robertson: Chief Peterson reported he received a letter from Attorney Robertson confirming that a Mediation hearing has been set for November 1st, 2006 at 11:00 AM regarding R. P. Babik Construction, et al. v. Nimishillen Township, et al.  The Chief said the Mediation is also being sent to all the prime contractors encouraging them to participate so they can resolve the contract disputes.

 

ROAD DEPARTMENT: (Superintendent Chris Peterson)

 

Due to a family emergency, Todd Bosley excused Road Superintendent, Chris Peterson, from tonight’s meeting.

 

Road Report: Lisa Shafer moved to approve the written Road Report for September 28, 2006, seconded by Mike Lynch.  Roll call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes.  MOTION CARRIED.

 

ZONING DEPARTMENT: (Keith Lasure)

 

Keith Lasure reported on a couple things he had in his written report.

 

1.      Mr. Lasure stated he received a complaint about a landscaping business being run from a residence in Sunscape.  He contacted the resident and advised him he was in violation.  The resident said he had sold his business and would come in compliance with zoning.  Mr. Lasure advised him of the consequences if he didn’t.

 

2.      Mr. Lasure received some questions from some residents about a retention pond in the new allotment at Pilot Knob & Shannon.  Mr. Lasure contacted RPC and was advised by Reva Butera that because there were no streets being put in the allotment, retention ponds were not required.

 

 

 

 

 

 

 

 

 

 

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Nimishillen Township Board of Trustees

 

September 28, 2006 (Cont.)

 

3.      Mr. Lasure reported Notice of Abatement letters were sent out and put in the Louisville Herald to clean up 5610 Louisville Street.

 

Zoning Report: Lisa Shafer moved to approve the written Zoning Report for September 28, 2006, seconded by Mike Lynch.  Roll call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes.  MOTION CARRIED. 

 

EPA REPORT: (Keith Lasure)

 

Health nuisance investigation: Keith Lasure reported he sent Board of Health Nuisance Investigation Requests to the Stark County Health Department regarding raw sewage in ditches at 7777 Alberta Beach and at Brookview & SR44.

 

CONCERNS OF THE FISCAL OFFICER:  (Carlene Harmon)

 

Transfers per Res. #06-015:

 

September 15, 2006: $40,000 from 10-A-08 Tools & Equip. to 10-A-06 New Buildings & Equip.

September 20, 2006: $5,000 from 4-A-02 Employment Retirement to 4-A-09 Utilities

September 25, 2006: $38,000 from 10-A-06 New Buildings & Equip. to 10-A-01 Salaries

 

Amend tax anticipation budget: Lisa Shafer moved to amend the tax anticipation budget for an estimated carry over of 22.74% from 15.45% for the road district, seconded by Mike Lynch.  Roll call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes.  MOTION CARRIED. 

 

CONCERNS OF CITIZENS:

 

  1. Paul Mueller of 7625 Brookview Street commented on the following:
    • Chief Peterson’s letter in the Louisville Herald stating it was an excellent letter
    • Annexation

 

  1. Firefighter/Paramedic Scott Bauer of 7425 Hahn commented on the importance of the upcoming fire levy and asked for everyone’s support.  He stated he moved from Cleveland to Nimishillen Township approximately eight (8) years ago and said the township is a great place to live.  He received a round of applause.

 

CONCERNS OF TRUSTEES: (Todd D. Bosley, Lisa R. Shafer and Michael L. Lynch)

 

Administrative Office & Road Department closed: The administrative office and road department will be closed Monday, October 9, 2006 in observance of Columbus Day.

 

Resolution to rescind Res. #06-291 – Outdoor Wood-Burning Furnaces: Lisa Shafer explained when she made Res. #06-291 at the September 14th Trustees Hearing on Outdoor Wood-Burning Furnaces, she inadvertently omitted part of the statutory language.

 

Ms. Shafer then read the recommendation made by the Nimishillen Township Zoning Commission at the Zoning Commission Hearing on August 21, 2006. (Copy attached)

 

After discussion by the Board of Trustees, Lisa Shafer moved to rescind Res. #06-291 and accept the Zoning Commission’s recommendation with modification to Article VI, General Standards and Special Provisions to add 603.9 Outdoor Wood Burning Furnaces – An outdoor wood-burning furnace may be permitted in an R-R Residential District on a minimum lot size of two (2) acres. The rest of the proposed amendment by the Nimishillen Township Trustees is to remain the same,

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Nimishillen Township Board of Trustees

 

September 28, 2006 (Cont.)

 

which is attached, seconded by Mike Lynch.  Roll call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes.  MOTION CARRIED.  (Copy attached)

 

Committee for the Advancement of Nimishillen Township: Todd Bosley explained there is another committee that has been formed by township residents.  He said it is his feeling that this group is very political and not centered around the best interests or beliefs of the township.  Mr. Bosley said with that in mind and to be fair to all township residents and to provide guidance to the Board of Trustees in the event there are concerns that they are not aware of, he suggested creating a committee called Committee for the Advancement of Nimishillen Township.  The Board agreed this would be a good idea as another means to move forward.  Mrs. Shafer said the trustees are always available day or night to all residents but felt this committee would be a good thing.  She also said this committee could possibly tie into the Core Committee for annexation. 

 

The Board said they would each put together some guidelines for forming this committee by the October 12th Trustees’ Meeting and after the Oct. 12th meeting, they will advertise for volunteers.

 

At this time, a resident in the audience asked each trustee their position on annexation and wanted their response on record, which is as follows:

 

  • Todd Bosley stated he is opposed to annexation of any Nimishillen Township property
  • Lisa Shafer stated she is opposed to annexation of any Nimishillen Township property
  • Mike Lynch stated he is opposed to annexation of any Nimishillen Township property

 

OLD BUSINESS:

 

Speed Study for California Avenue: In Road Superintendent, Chris Peterson’s absence, Fiscal Officer Carlene Harmon asked for a Resolution for the California Avenue speed study.

 

Lisa Shafer moved to allow the County Engineers to submit the speed zone study to the Ohio Department of Transportation, who will determine a reasonable and safe prima facie speed limit for this roadway, which may or may not be 40 mph.  This resolution does not alter the existing speed limit.  Mike Lynch seconded the motion.  Roll call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes.  MOTION CARRIED.

 

APPROVAL OF MINUTES:

 

Lisa Shafer moved to approve the September 14, 2006 Minutes, as written, seconded by Mike Lynch.  Roll call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes.  MOTION CARRIED.

 

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.

 

APPROVE FINANCIAL REPORT AND PAY BILLS:

 

Lisa Shafer moved to approve the Financial Report and pay bills in the amount of $23,823.85, seconded by Mike Lynch.  Roll call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes.  MOTION CARRIED.

 

 

 

 

 

 

 

 

 

 

 

 

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Nimishillen Township Board of Trustees

 

September 28, 2006 (Cont.)

 

 

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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.

 

The meeting adjourned at approximately 8:15 PM.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
 
______________________________                         __________________________________

Attest:       Fiscal Officer                                        Todd D. Bosley, Trustee President

                 Carlene Harmon

 

 

 

 

                                                                               __________________________________

                                                                               Lisa R. Shafer, Trustee Vice President

 

 

 

 

                                                                               __________________________________

                                                                              Michael L. Lynch, Trustee