On
Thursday, December 14, 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: Mike Lynch gave the invocation.
GUEST SPEAKERS:
Nick
Hammer, Registered Sanitarian with the Stark County Health Department, held a brief question and
answer session regarding the new sewage regulation, which becomes effective
January 1, 2007. He said he’s been
receiving a lot of questions from homeowners and installers.
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All systems in operation under the current or past codes that are not
creating a nuisance are deemed acceptable and will not be required to be replaced.
Ø
NPDES permits will be required from
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Off-lot discharge is a ‘last resort option’ for repair systems. These discharging systems are required to
have a service contract for the life of the system.
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Septic installers will be registered with the State.
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Stark County Health Department lot size will be decreased.
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Existing permitted systems will be permitted to be installed until
January 10, 2010. After that date, the
homeowner must comply with the new sewage code.
Ø
All existing permitted systems for off-lot discharge will be permitted
to be installed as long as the permit is valid (1 year). There will be no renewal!
Discussion
and questions followed. Homeowners will
be allowed to install their own septic system; however, they would be required
to go to
Bethany
Kibler, Sanitarian in Training with the Stark County Health Department, spoke briefly on the Phase
II Storm Water update for
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Information detailing the location of the outfall
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Date and time of inspection
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Pipe type and size
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Whether or not there was a flow and if there was a flow, the
description of the flow
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GPS location and digital photo
Ms.
Kibler said they also determine the priority of the outfall based on flow and
if a flow is present, consideration of color and odor of the flow is
taken. Zero outfalls are classified as
high priority. In
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December 14,
2006 (Cont.)
FIRE DEPARTMENT: (Chief Rich Peterson)
Declare
Turnout Gear Obsolete: After discussion, in accordance with ORC 505.10,
Lisa Shafer moved to dispose of firefighting turnout gear and declare the
firefighting turnout gear obsolete for the use for which it was acquired and
has no value, seconded by Mike Lynch.
Roll call voting: Lisa Shafer- yes, Mike Lynch – yes and Todd Bosley –
yes. MOTION CARRIED. Res. #06-357
Acceptance
of Donation of Water Rescue Craft: After discussion, Lisa Shafer moved to accept the
donation of the water rescue craft, seconded by Mike Lynch. Roll call voting:
Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes. MOTION CARRIED. Res#06-358
Resignations: Lisa Shafer moved to accept
the resignation of Firefighter/Paramedic Lt. John Ring and
Firefighter/Paramedic Jason Laird, seconded by Mike Lynch. Roll call voting:
Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes. MOTION CARRIED. Res#06-359
Chief
Peterson said both had to seek employment elsewhere and both are leaving in
good standing.
Payment
for Retainages to Contractors (Construction Project was Under Bid Amount): Chief Peterson reported he
received a letter from Attorney Robertson recommending the following prime
contractors be paid their contract and retainage amounts for Nimishillen
Township Fire Station #3. B&J Electric
$7,263.84; Fine Mechanical $6,823.36; Kiko Heating & Cooling $1,443.76 (See attached)
After
discussion and due to the fact there are still unsettled issues with B & J
Electric, Lisa Shafer moved to release payment to Kiko Heating & Cooling in
the amount of $1,443.76 and Fine Mechanical in the amount of $5,123.36,
seconded by Mike Lynch. Roll call
voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes. MOTION CARRIED. Res#06-360
Digital
Communications Voice Logger / Recorder: After discussion, Lisa Shafer moved to authorize the
digital communications voice logger/recorder from Stephen Campbell &
Associates in the amount of $28,694.00, seconded by Mike Lynch. Roll call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd
Bosley – yes. MOTION CARRIED. Res#06-361
ROAD DEPARTMENT:
Certification
of Township Mileage: Mike Lynch moved to accept and sign the
Paving: Mike Lynch explained the
Asphalt Resurfacing Project totals $202,678.81, which is $18,596.42 lower than
the original bid price due to the nonperformance of several quantities. After the job was completed,
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December 14,
2006 (Cont.)
Mike
Lynch moved to release additional funds in the amount of $50,741.73 to the
ZONING DEPARTMENT: (Keith Lasure)
Zoning
Report for Stark
Zoning
Report for December 14, 2006: Lisa Shafer moved to approve the written Zoning
Report for December 14, 2006, seconded by Mike Lynch. Roll call voting: Lisa
Shafer – yes, Mike Lynch – yes and Todd Bosley – yes. MOTION CARRIED. Res#06-365
EPA REPORT: (Keith
Lasure)
Keith Lasure reported a couple buildings were tore down in the past few weeks and wanted to thank Nick Hammer for speeding up the process in getting this accomplished.
CONCERNS OF THE FISCAL OFFICER: (Carlene Harmon)
Transfers
Per Res#06-01:
11/25/06:
$ 3,000.00 from 01-A-25 Contingency
Acct. to 01-A-10 Legal Council
12/03/06:
$ 8,787.50 from 01-A-17 Auditor Fees to
01-C-01 Salaries
$ 1,400.00 from 01-A-26A Other Exp., Payroll to
01-J-01 Salaries & Fees
12/12/06:
$50,000.00 from 04-B-02 Materials to 04-A-08 Buildings
$45,000.00
from 11-C-02 Materials to 11-A-08 Buildings
$ 5,000.00 from 11-B-04 Other to 11-A-08
Buildings
$ 6,000.00 from 1-A-25 Contingency Acct. to
1-J-01 Salaries (Zoning)
$ 2,000.00 from 1-A-25 Contingency Acct. to
1-C-01 Salaries
Bond
Cancellation – Nickelplate & Shilling: After discussion, Lisa Shafer moved to approve
cancellation of the road bond for Nickelplate & Shilling, seconded by Mike
Lynch. Roll call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley –
yes. MOTION CARRIED. Res#06-366
Effective
Date of Raises for Dan Wayt and Jamie May: Mike Lynch moved to
approve November 11, 2006 as the effective date for raises for Dan Wayt and
Jamie May, seconded by Lisa Shafer. Roll call voting: Mike Lynch – yes, Lisa Shafer – yes and Todd
Bosley – yes. MOTION CARRIED. Res#06-367
Temporary
Appropriations: Lisa
Shafer moved to accept the Temporary Appropriations, seconded by Mike
Lynch. Roll call voting: Lisa Shafer –yes, Mike Lynch – yes and Todd
Bosley – yes. MOTION CARRIED. Res#06-368
Road
Department Loan Payment: Fiscal Officer, Carlene Harmon, stated that she cut
a check for $80,000.00 to apply against the loan for the road department
building, which is almost 6% of the balance.
She said if the Board so chooses, it could be paid off next year.
BEFORE
CONTINUING WITH ‘Concerns of Citizens’, Mike Lynch wanted to clarify some
things regarding the Groffre Lawsuit. He
said the fact is, this whole thing started with the prior Board stating he
personally feels it’s gotten way out of hand.
He said this is a project that the township
December 14,
2006 (Cont.)
could
have fixed for approx. $10,000.00. Mr.
Lynch said the Jeffries brothers told him they were willing to fix the problem
themselves but were told by a past trustee they couldn’t. Because of this, it’s now escalated and will
cost the township a lot of money. Mr.
Lynch said he’s disheartened that a percentage of the general public would like
to put the blame on the current Board and he will not accept blame for this nor
will he have his colleagues accept blame.
Mr. Lynch continued saying former Trustee Goffus motioned to hire Atty.
Jim Mathews and said Atty. Mathews has done a great job and has looked out for
the well being of our township and residents.
Trustee
Bosley then addressed some other issues such as the postcards that have been
sent to township and area residents. Mr.
Bosley then read one of the cards (copy attached) stating it’s incorrect. Bosley said his corporation rents from
Jeffries stating Atty. Mathews is a good lawyer as well as a
Mr.
Bosley said he has endured numerous attacks and he’s tired of it and read the
following statement: “Over the past
year, I’ve been the personal target of members of the recently formed group
CBNT. Individuals in this group worked
collectively against me in my bid for county office and now have become even
more aggressive. After tolerating this
for months during the past election, it is apparent that these individuals intend
and continue to circulate false and slanderous material towards me within the
community. I want to go on record
stating that I will be meeting with my attorney to discuss and pursue a civil
lawsuit against these members. The
members I intend to file an action on include the following: Linda Shier,
Russell Goffus, Christy Bresson, Terri Huckels and any other member who may
have participated in any defamation, slander or liable. It is unfortunate that I have to resolve to
these measures, but this type of activity cannot go unchallenged.”
CONCERNS OF CITIZENS:
Terri
Fidelholtz of 2828 Ravenna read a letter that she wrote commenting on
activities going on in the township that she considers slanderous. (See
attached).
Donna Fuller of 5851 Rosedale commented on the Groffre Lawsuit and thanked Mike
Lynch for giving an explanation and thanked Todd for taking time to explain his
situation, the anonymous post cards that have been circulated stating someone
is trying to make our township look bad and talked about Fire Station #3
stating that the current Board and Fire Chief are trying to do the best they
can for the township.
EXCUSE STUDENTS:
At
this time, Todd Bosley excused the
CONCERNS
OF CITIZENS (Cont.)
Bill Dougherty of 5689 Eastview commented on the mailing of the post cards stating
he believes in free speech but he’s mad because whoever sent them should have
the guts to sign them.
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December 14,
2006 (Cont.)
Coy Rader of 4241 Addison talked about a drainage problem on
Bill Blackmer of 3505 Maplegrove said he is in agreement with
Bill Dougherty and said he doesn’t care what he gets in his mailbox but whoever
sent the postcards should own up to it and sign them.
CONCERNS OF TRUSTEES:
Bidding
Resolution: After
discussion, Lisa Shafer moved to accept the Bidding Resolution provided by the
Commitment
for Balloon Lift-off: Mike
Lynch explained because the City of Louisville had not yet set up a 5013C
account, per Stark County Prosecutor, Lisa Barr, the law does not authorize the
Township to donate money to the Balloon Lift-off under these circumstances. Also, there is no statutory or case law that
authorizes a Township to donate funds to a City. Since the Board was not authorized to make a
donation to the Balloon Lift-off nor to the City, the Board of Trustees is not
obligated by their offer. However, Mr.
Lynch said this Board believes in community events and even though the Board
did verbally commit to donate $5,000.00 but later found out they couldn’t, he
said he is totally committed to figure a way to fulfill and honor the
commitment without using tax payers’ money but at this time, a check cannot be
written out of township funds.
All background checks and a Motor Vehicle Report through
our insurance company was done.
OLD BUSINESS:
Francesca
Ditch Project (tabled from 11-20-06): After discussion, Lisa Shafer moved to place the
Francesca Ditch Project, effective immediately, on the schedule and to move
forward with the storm sewer project at a cost of roughly $30,000.00, seconded
by Mike Lynch. Roll Call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd
Bosley – yes. MOTION CARRIED. Res#06-371
It is Lisa Shafer’s opinion that we wait until after the holidays to start this project, and the Board agreed. Todd Bosley said this is a good project because it will increase property value in the township and will keep the children safe.
PRESENTATION TO TODD BOSLEY:
At
this time, Carlene Harmon made several presentations to Todd including a framed
Certificate of Appreciation and Dedication.
Todd received a round of applause and a standing ovation.
Todd
said it’s been an honor to serve this community. He said tonight is his last meeting and that
he will not be able to attend the December 28th meeting as he has a
commitment with his family. He thanked
Mike and Lisa and said it’s been fun working with a Board who is progressive
and wants to move forward. He thanked
the office staff for their dedication and good job and thanked Chief Peterson
stating he’s the best Fire Chief anywhere by far. He then thanked Carlene and her husband, Tom,
for all their help politically, thanked all the firemen stating its been an
honor to work with them and thanked township resident, Donna Fuller, for her
support and help with the past election.
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December 14,
2006 (Cont.)
EXECUTIVE SESSION:
Lisa
Shafer moved to go into Executive Session at 8:05 PM to discuss office
personnel, seconded by Mike Lynch. Roll call voting: Lisa Shafer – yes, Mike
Lynch – yes and Todd Bosley – yes.
MOTION CARRIED. Res#06-372
Lisa
Shafer moved to come out of Executive Session at 8:20 PM, seconded by Mike
Lynch. Roll call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley –
yes. MOTION CARRIED. Res#06-373
After
discussion, Lisa Shafer moved to put Sharon Shaub back on hourly at a rate of
$12.50 per hour with comp time to be taken as time off for anything over 40
hours a week and to increase Keith Lasure 3% per hour with both Keith and
Sharon to be retroactive to November 11, 2006 to be consistent with the road
department, seconded by Mike Lynch. Roll call voting: Lisa Shafer – yes, Mike
Lynch – yes and Todd Bosley – yes.
MOTION CARRIED. Res#06-374
Request
to Speak at Township Meetings: Because the ‘Concerns of Citizens’ portion of the
meetings have gotten out of control, Lisa Shafer prepared a form for residents
to complete before speaking at a township meeting.
After
discussion, Lisa Shafer moved to approve the ‘Request to Appear Before the
Board of Nimishillen Township Trustees’ form requesting residents to sign up
for public speaks 48 hours in advance to speak at township meetings. There will be a 10-minute time limit to
speak. Residents will be notified if
they have or have not been placed on the agenda, seconded by Mike Lynch. Roll call voting: Lisa Shafer – yes, Mike
Lynch – yes and Todd Bosley – no. MOTION
CARRIED. Res#06-375
Some
residents spoke against this idea. Both
Mike and Lisa agreed to give it a try to see how it works out and go from
there. The form will be posted on the
township website at www.nimishillentownship.com
and can also be picked up at the township office. Completed forms can be dropped off at the
township office or faxed to the township office no later than NOON the SECOND
DAY PRIOR to the regular township meeting.
APPROVAL OF NOVEMBER 20TH AND NOVEMBER 27TH,
2006 MINUTES:
Lisa
Shafer moved to approve the written Minutes of November 20th and
November 27th, 2006, seconded by Mike Lynch. Roll call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd
Bosley – yes. MOTION CARRIED. Res#06-376
APPROVE ALL PURCHASE ORDERS, FINANCIAL REPORT AND PAY
BILLS:
Lisa
Shafer moved to approve all Purchase Orders, Financial Report and pay bills in the
amount of $420,235.57, seconded by Mike Lynch.
Roll call voting: Lisa Shafer –
yes, Mike Lynch – yes and Todd Bosley – yes.
MOTION CARRIED. Res#06-377
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December 14,
2006 (Cont.)
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#06-378
The
meeting adjourned at 8:35 PM.
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______________________________
__________________________________
Attest: Fiscal Officer Todd D. Bosley, President
Carlene Harmon
__________________________________
Lisa R. Shafer, Vice President
__________________________________
Michael L. Lynch, Trustee