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Nimishillen Township Board of Trustees

 

September 14, 2006

 

On Thursday, September 14, 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:

 

Mike Lynch gave the invocation and then asked for a moment of silence for those who perished on 9/11/01.

 

GUEST SPEAKERS:

 

Todd Bosley introduced Carol Krabill of 1727 High NE, Louisville, OH.  Ms. Krabill is with Step Ahead Tutoring and specializes in dyslexia.  Ms. Krabill stated she realized a need for tutoring for dyslexic children and tutors at 1450 West Main Street in Louisville.

 

Questions, answers and discussion followed.  For interested parties, Ms. Krabill can be reached at 330-875-2612.  Ms. Krabill received a round of applause.

 

FIRE DEPARTMENT: (Chief Rich Peterson)

 

Fire Levy Ballot Language: Chief Peterson said he did hear back from the Board of Elections and an outline was approved as submitted.  This year, we will have the wording that was asked for under the proposed tax levy, which will say Nimishillen Township Fire Department Services, which will be Issue 59 for the 2-mil levy.

 

5-K Memorial Run / Community Day results: Chief Peterson reported the 5-K run was a success with 67 runners and is being planned again for next year.  The Community Day was also a success.  Mike Lynch said everyone did a great job and commended the fire department for all their hard work.

 

Resignations: Lisa Shafer moved to accept the resignations of Michelle Epperley, Pam Myers and Brian Ferguson, effective immediately, seconded by Mike Lynch.  Roll call voting:  Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes.  Motion carried.

 

Station No. 3 Communication Center update: Chief Peterson reported everything has been repaired and no water is coming in through the conduit.  The transfer switch has been ordered from Spring Electric.  There is no confirmation date as of the yet on delivery of the transfer switch.

 

Chief Peterson reported he is still waiting to hear back from the prosecutor regarding finalizing the specifications for approval for the communication equipment.  Station No. 2 is currently being used on a part-time basis.

 

Chief Peterson reported he has a meeting with Portage County regarding interest in coming on board when the dispatch center is up and running.

 

Cellular phone issues: Chief Peterson reported he has been working with Chris Peterson regarding the possibility of changing our current cellular phone provider due to dropped calls.  Part of the contract is that they have to provide us with good service.  If good service is not

 

 

 

 

 

 

 

 

 

 

 

 

 

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Nimishillen Township Board of Trustees

 

September 14, 2006 (Cont.)

 

provided, it allows us to search for other vendors.  Chief Peterson said he is open to any suggestions.  Several people have suggested Verizon Wireless as an option.

 

ROAD DEPARTMENT: (Superintendent Chris Peterson)

 

Amend Resolution #06-181 – Paving Project: After discussion, Lisa Shafer moved to amend Res. #06-181 for the paving project to add $15,736.60 to the cost to $221,416.85, seconded by Mike Lynch.  Roll call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes. Motion carried.

 

California speed study: Superintendent Peterson reported he received a letter from Scott Ganyard with the Stark County Engineers regarding the California speed study.  The county completed the speed study and will be sending a resolution to the Board of Trustees for signature with a warranted speed of 40 mph.

 

Road Report: Lisa Shafer moved to accept the written Road Report for September 14, 2006, seconded by Mike Lynch.  Roll call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes.  Motion carried.

 

ZONING DEPARTMENT / EPA REPORT: (Keith Lasure)

 

Resolution for bids at 5610 Louisville Street and notice in paper:  After discussion, Lisa Shafer moved to submit bids to clean up the property at 5610 Louisville Street, place a notice in the paper that this property has been declared a nuisance and a Notice to Abate Nuisance was sent to Attorney John O’Shea on September 12, 2006, seconded by Mike Lynch.  Roll call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes.  Motion carried 

 

Planning & Zoning Workshop: Lisa Shafer moved to approve Zoning Inspector, Keith Lasure, to attend the Planning & Zoning Workshop on Friday, October 27th, 2006 at Cleveland State University from 8A – 5P at a cost of $85.00 plus expenses not to exceed $125.00, seconded by Mike Lynch.  Roll call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes.  Motion carried.

 

Zoning Report for Auditor: Lisa Shafer moved to accept the August 2006 Zoning Report for the Stark County Auditor, seconded by Mike Lynch.  Roll call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes.  Motion carried.

 

Zoning Report: After discussion regarding the Brogan trial, possible annexation at SR44 & 62, letters of abatement for illegal businesses at 6450 Easton & 3216 Ravenna and discussion regarding the health department checking on problems at Sunnyside and Willis, Lisa Shafer moved to accept the written Zoning Report for September 14, 2006, seconded by Mike Lynch.  Roll call voting:  Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes.  Motion carried.

 

CONCERNS OF THE FISCAL OFFICER: (Carlene Harmon)

 

Transfers: The following transfers were made: August 30, 2006 $2,000 from 4-A-02 Road Retirement to 4-A-13 Other; $2,000 from 10-A-10 Repairs to 10-A-15 Other, $1,713 from 01-A-25 Contingency to 01-A-16 Health District; September 2, 2006 $8,100 from 04-A-10B Insurance (building) to 04-A-10 Insurance; September 4, 2006 $30,000 from 11-C-02 Materials to 11-B-01 Salaries and September 9, 2006 $15,000 from 4-B-02 Materials to 4-B-01 Salaries.

 

Resolution to place property on tax duplicate: Lisa Shafer moved to place 9306 Beech Street on the tax duplicate in compliance with ORC 505.87 (mowing), 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 14, 2006 (Cont.)

 

Resolution to change inside millage allocation: Lisa Shafer moved to change the allocation of the inside millage for Nimishillen Township from 0.30 into the General Fund to 1.00 into the General Fund and to change the allocation of the inside millage from the Road and Bridge Fund from 1.70 to 1.00 into the Road and Bridge Fund, seconded by Mike Lynch.  Roll call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley- yes.  Motion carried.

 

Resolution to accept alternative tax budget: Lisa Shafer moved to accept the fiscal year commencing January 1, 2007, Nimishillen Township Alternative Tax Budget for submission to the Stark County Auditor, seconded by Mike Lynch. Roll call voting:  Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes.  Motion carried.

 

Bond commitment resolution to repay General Fund $100,000: Fiscal Officer, Carlene Harmon, explained she had hoped to have the final figures for tonight explaining the true interest will be 4.151%, which is better than originally thought.  Ms. Harmon asked that this be tabled until the next meeting on September 28, 2006.

 

Amend Certificate for Fire Fund 10 – an additional $750,000: Lisa Shafer moved to amend the Certificate for Fire Fund 10- for an additional $750,000 – receipt of bonds, seconded by Mike Lynch.  Roll call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes.  Motion carried.

 

Resolution to cancel $50,000 road bond: Lisa Shafer moved to cancel $50,000 Road Bond #014-034-433 in accordance with the cancellation/termination provisions contained in the bond issued in November of 2004 by Liberty Mutual Insurance Company on behalf of Great Lakes Energy Partners, L.L.C. for moving heavy equipment and/or vehicles Ό mile on Maplegrove, seconded by Mike Lynch.  Roll call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes.  Motion carried.

 

CONCERNS OF CITIZENS:

 

Virginia Macdonald of 6290 Columbus Road commented on and/or asked the following questions:

  • The additional $750,000
  • The $20,000 that was set aside for the Fairhope Ditch Project
  • Water line on Beck Avenue
  • Budget available for viewing
  • Cleaning of office by staff/road department
  • Completion date for work being done on California Avenue
  • 5-year plan for Fire Department
  • Asked about major issues facing the township at this time

Mike Lynch responded by saying the two lawsuits and getting Station No. 3 open.

Todd Bosley said the biggest issue is the off-road drainage and cleaning of ditches

stating in a township, there’s always a shortage of funds.  He also said the biggest

issue is running a full-time fire department on part-time levy money.  There are now 43

fire department employees.

 

Discussion and answers followed on all of Ms. Macdonald’s concerns and questions.

 

Pat Goffus of 4310 Pinegrove asked what would happen if the fire levy fails.  Chief Peterson explained the 2-mil fire levy is to provide for additional funding for the staff.  More explanation and discussion followed.

 

Terri Fidelholtz of 2828 Ravenna asked about the rigatoni dinner to raise money promised to the City of Louisville for the balloon lift-off.  Mike Lynch explained the dinner was cancelled and no money has been paid through the township.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Nimishillen Township Board of Trustees

 

September 14, 2006 (Cont.)

 

Bill Blackmer of 3505 Maplegrove asked if the fire fighters have a contract to fulfill when they come on board (Chief Peterson explained it’s a 2-year commitment) and commented on the lack of mosquito spraying.

 

8:00 PM:

 

HEARING TO CONSIDER AN AMENDMENT TO THE NIM. TWP. ZONING RESOLUTION TO ADD OUTDOOR WOOD-BURNING FURNACES

 

An amendment to the Nimishillen Township Zoning Resolution is proposed to add Section 603.8 Outdoor Wood-Burning Furnaces to Article VI, General Standards and Special Provisions.  A definition for ‘outdoor wood-burning furnaces’ will be added to Article IV and outdoor wood-burning furnaces will be added as a permitted use in R-R Rural Residential Districts.  Minimum lot area requirements in the R-R District is proposed to increase to two (2) acres. (Copy attached)

 

Residents Bob Bailey of 6700 Shilling and Donna Fuller of 5857 Rosedale spoke on the proposed amendment.

 

After discussion, Lisa Shafer moved to approve adding to the Nimishillen Township Zoning Resolution ARTICLE VI, GENERAL STANDARDS AND GENERAL PROVISIONS Add - 603.8 OUTDOOR WOOD-BURNING FURANCES and ARTICLE VII DISTRICT REGULATIONS SECTION 701.2, A PERMITTED USES – Add - 10.  Outdoor wood-burning furnaces as permitted and regulated in Section 603.8 – Also SECTION 701.3 MINIMUM LOT AND YARD REQUIREMENTS Modify Lot Area to read - two (2) acres, seconded by Mike Lynch.  Roll call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes. (Copy attached)  Motion carried. 

 

Permit Fee for Outdoor Wood-Burning Furnaces:  After discussion, Lisa Shafer moved to set the fee for a permit for Outdoor Wood-Burning Furnaces at $35.00, seconded by Mike Lynch.  Roll call voting:  Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes.  Motion carried.

 

CONCERNS OF TRUSTEES:

 

Nimishillen Creek LEAP (Litter Elimination, Awareness, and Prevention) Clean-up: Lisa Shafer stated she held a meeting at the township road department on Wednesday, September 12, 2006 with Eric Akin regarding putting together a creek clean up on Beck Avenue by the bridge.  Ms. Shafer stated Mr. Meeker contacted her back in February.  It is private property, but Mr. Meeker will sign a release to go on his property.  Ms. Shafer has arranged for heavy equipment, a dumpster, etc. 

 

The clean up is scheduled for Saturday October 21st.  The rain date is Saturday, October 28th.  Some of the sponsors are Stark-Tusc.-Wayne Joint Solid Waste District, AEP Ohio, Nimishillen Township, Stark Parks, Building Industry Association, R.D. England Drainage Services and Supply, Earth Action Partnership, Roof Doctor, K. W. Zellers & Sons, Wal-Mart Store #5285, 62 Drive Thru and NEFCO.  Volunteers are needed and are to meet at 9:00 AM at Fire Station #1 (4560 Broadway).  Mike Lynch will provide a free lunch for everyone after the clean up.

 

Todd Bosley asked the Township Secretary, Sharon Shaub, to send invitations to Louisville City Council members and Tom Ault.  Ms. Shafer said she would work with Sharon on this.

 

Purchase pressure pump at a cost of $5,000 (for use in cleaning driveway culverts): After discussion, the Board agreed the cost of $5,000 to purchase the pressure pump would not be practical or feasible and asked Chris Peterson to return it to the manufacturer.  The manufacturer had sent the pressure pump to the road department to try for three months.  Chris said it’s still in the box and was never used.

 

Nimishillen Township Board of Trustees

 

September 14, 2006 (Cont.)

 

 

 

 

 

 

 

 

 

 

 

 

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OLD BUSINESS:

 

Annexation update for SR44 & 62: Lisa Shafer brought everyone up-to-date and read the minutes from Louisville City Council Work Session and the letter from Todd Paulus from the Stark County Health Department, (copies attached) which will be sent to all township residents involved in the possible annexation.

 

Discussion was also held on eventually hiring an attorney to work with the township on the possible annexation.

 

APPROVAL OF MINUTES:

 

Lisa Shafer moved to approve the August 23, 2006 Minutes for the annexation meeting and for the regular trustees meeting, 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 $51,995.39, seconded by Mike Lynch.  Roll call voting:  Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes.  Motion carried.

 

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 9 PM.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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______________________________                         __________________________________

Attest:       Fiscal Officer                                        Todd D. Bosley, President

                 Carlene Harmon

 

 

 

 

                                                                               __________________________________

                                                                               Lisa R. Shafer, Vice President

 

 

 

 

                                                                               __________________________________

                                                                              Michael L. Lynch, Trustee