MINUTES

Nimishillen Township Board of Trustees

June 28, 2007

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
 
On Thursday, June 28, 2007, the Board of Trustees of Nimishillen Township met in regular session at 7:00 P.M. at the Nimishillen Township Hall with the following members present: Trustee President Lisa R. Shafer, Vice President Michael L. Lynch, Trustee Allen E. Gress, Fiscal Officer Carlene Harmon and Attorney Jeff Jakmides.

 

Trustee Shafer called the meeting to order and led the staff and audience in the Pledge of Allegiance.

 

INVOCATION: Trustee Lynch gave the invocation.

 

FIRE DEPARTMENT PERSONNEL:

 

Resolution of promotion of two Township Firefighters to the rank of Captain: Chief Peterson explained that out of seven (7) applicants for the promotion, Firefighters / Paramedics, Scott Bauer and Eric Ohman, completed an extensive evaluation which included both oral and written exams, a physical agility assessment and a review of their work records.

 

TRUSTEE SHAFER MOTIONED the Nimishillen Township Board of Trustees hereby proclaim by resolution the promotion of Firefighter Scott A. Bauer and Firefighter Eric K. Ohman to he rank of Captain and whereby Scott A. Bauer and Eric K. Ohman have successfully completed the requirements as set forth by the Nimishillen Township Fire Department for the promotion to the rank of Captain and whereby Scott A. Bauer and Eric K. Ohman do solemnly swear to uphold the honor, dignity, and professionalism of the Nimishillen Township Fire Department while performing their duties as officers in the rank of Captain; therefore, the Nimishillen Township Board of Trustees does hereby authorize this promotion and all ranks, privileges, and honors by resolution this 28th day of June, 2007, seconded by Trustee Lynch.  All voted yes.  MOTION CARRIED.  RES#07-260

 

Captain Scott Bauer and Captain Eric Ohman received a round of applause.

 

EXECUTIVE SESSION:

 

TRUSTEE SHAFER MOTIONED to go into executive session at 7:06 PM with Attorney Tracey Laslo to discuss the road department and other pending issues, seconded by Trustee Lynch.  All voted yes.  MOTION CARRIED.  RES#07-261

 

TRUSTEE LYNCH MOTIONED to come out of executive session at 7:45 PM, seconded by Trustee Gress.  All voted yes.  MOTION CARRIED.  RES#07-262

 

TRUSTEE GRESS MOTIONED to approve Attorney James T. Robertson of Robertson & Pidcock to work and offer a lawsuit settlement with the R. P. Babik construction Company over concerns of Fire Station #3, seconded by Trustee Lynch.  All voted yes.   MOTION CARRIED.  RES#07-263

 

Nimishillen Township Board of Trustees

June 28, 2007 (Cont.)

 

FIRE DEPARTMENT: (Chief Rich Peterson)

 

Update on Hammontree proposal and land acquisition – Sta. #2: Chief Peterson gave an update on the septic system at Station #2 on Maplegrove.  Discussion was also held on purchasing land or tearing up the parking lot.  The Board feels it’s necessary to get written documentation from a realtor showing the township tried to acquire the land.

 

After discussion, TRUSTEE LYNCH MOTIONED to hire Hammontree, Ltd. to complete a preliminary design of the septic system and a survey report in the amount of $6,100, seconded by Trustee Gress.  All voted yes.  MOTION CARRIED.  RES#07-264

 

Stark County Safety Council: After discussion, TRUSTEE LYNCH MOTIONED to authorize Chief Peterson to enroll Nimishillen Township in the Stark Safety Council, seconded by Trustee Gress.  All voted yes. MOTION CARRIED.  RES#07-265

 

Cellular phones: Discussion was held on the problems the township is having with the cell phones.  Trustee Shafer asked the Board, Road, Fire and Zoning departments and office staff to go to the Cingular web site, www.cingular.com, and email Sharon their three choices of phones they would like to try.

 

ROAD DEPARTMENT: (Road Crew Member, Jamie May)

 

Jamie reported the road crew is getting the roads ready for Chip and Seal, which will begin August 1st, 2007.

 

Road Report: 

 

TRUSTEE LYNCH MOTIONED to approve the Road Report for June 28, 2007, as written, seconded by Trustee Gress.  All voted yes.  MOTION CARRIED.  RES#07-266  (Copy attached)

 

ZONING DEPARTMENT: (Keith Lasure)

 

Zoning Report for Stark County Auditor: TRUSTEE LYNCH MOTIONED to approve the May 2007 Zoning Report for the Stark County Auditor, seconded by Trustee Gress.  All voted yes.  MOTION CARRIED.  RES#-07-267 (Copy attached)

 

Zoning Report: TRUSTEE LYNCH MOTIONED to approve the Zoning Report for June 28, 2007, as presented, seconded by Trustee Shafer.  All voted yes.  MOTION CARRIED.  RES#07-268  (Copy attached)

 

 

Nimishillen Township Board of Trustees

June 28, 2007 (Cont.)

 

CONCERNS OF FISCAL OFFICER: (Carlene Harmon)

 

Transfers per Res#07-02: Mrs. Harmon made the following transfers on 6/22/07 $6,293.32 from 01-C-01 Salaries to 01-C-09 Other Expenses and on 6/23/07 $4,000 from 10-A-15A Medicare to 10-A-14 Insurance in the fire fund.

 

Summary of anticipated receipts first half of year: Mrs. Harmon said everything is pretty much as anticipated so far this year.  The general fund is approximately 17% over the annual estimated revenue of $331,619.  This is due to the fact that the money we have actually received in our investment interest account and zoning fees is double the expected amount as of this date.  (See attached Summary of Anticipated Receipts, June 2007)

 

Increase certificate – general fund: TRUSTEE GRESS MOTIONED to increase the certificate $20,098.00 and in addition to that increase the general fund certificate by $2,098.00 due to increased anticipated revenue including additional interest $15,446 and additional zoning fees $4,652 with Trustee Shafer amending the motion to $20,098, seconded by Trustee Lynch.  All voted yes.  MOTION CARRIED.  RES#07-269 (Resolution attached)

 

Gas Tax: Mrs. Harmon explained that when the price of gas goes up, you would think we would get more gas money but actually a fuel tax is not a sales tax.  When the price of gas goes up, we do not receive any additional money – we get our money on the price per gallon sold and not the price per sale.  The State gets 28˘ per gallon and by the time it filters down to Nimishillen Township, it comes to approximately 1˘ per gallon.

 

CONCERNS OF CITIZENS: 

 

No one signed up to speak at tonight’s meeting.

 

CONCERNS OF TRUSTEES: (Lisa R. Shafer, Michael L. Lynch, Allen E. Gress)

 

Appoint Larry Marks to Zoning Commission: After discussion, TRUSTEE LYNCH MOTIONED to appoint Larry Marks on the Zoning Commission to replace Floyd Fernandez’s term, which will expire December 31, 2011, seconded by Trustee Gress.  All voted yes.  MOTION CARRIED.  RES#07-270

 

Canaan Acres: Attorney Jeff Jakmides and Keith Lasure met on Hebron in Canaan Acres at 6:30 prior to tonight’s meeting.  Attorney Jakmides explained the situation is not a matter for the Township Trustees and it’s not a zoning issue.  The township has no authority in this particular matter.  Attorney Jakmides said it’s really more of a private matter between the adjoining landowners and recommended to them that they seek private council.

 

 

Nimishillen Township Board of Trustees

June 28, 2007 (Cont.)

 

Keith Lasure added per the advice of Mr. Jakmides, they are going to ask Gary Connor with the Stark County Engineers to take a look at the situation and give an opinion because the roads are caving in.  Mr. Lasure said Gary Connor had already been there in the past and he said it’s a mess – the septic tanks are a problem and the roads are a problem.  At that time, Mr. Connor suggested we try to seek some federal funding because in his opinion, it will cost a couple million dollars to make things right.  Some discussion followed.

 

Cost of newsletter: Trustee Lynch said a couple months ago, it was debated as to how many newsletters should be published per year.  There were pros and cons on both sides.  One of the debates was the cost of the newsletter.

 

The breakdown is as follows:

 

Ř     Printing past issues - $1,140 ~~ Current issue - $940

Ř     Mailing past issues - $150 for the bulk mailing permit and postage for past issues - $873 ~~ Current issue - $668.

Ř     Total for printing and mailing current issue ~~ $1,608.

 

Trustee Lynch explained even though postage went up, we were able to do away with the bulk mailing permit fee making the cost to print and mail the current newsletter less.

 

The cost went from $2,163 (which included the bulk mailing fee) to $1,608 for a savings of $555.

 

Mrs. Harmon also explained that Tillie used the Auditors mailing list and we went from 6,714 issues mailed to 3,800. (Copy of breakdown attached)

 

Remapping of ditch fallouts: Trustee Gress asked Keith Lasure to explain what a fallout is.  Mr. Lasure said a fallout is any place where water comes off of private property into one of our ditches or where one of our ditches fall onto a County or State property. 

 

Trustee Gress explained that we are required by the Ohio EPA to map every ditch and every culvert in our township.  A meeting took place with the health department.  They suggested we have an intern do the mapping of ditch fallouts because it would take too much time and manpower for Keith to do it.  Trustee Gress said the intern is available.  She is an engineering student at Akron University.  It is estimated that a full time person who knows how to do the remapping can do it in about two weeks.  This person will then transfer all the data on the GPS System into our computer.  All of this is included in a package deal and we will then be able to satisfy the EPA requirements for remapping ditch fallouts.

 

 

 

 

Nimishillen Township Board of Trustees

June 28, 2007 (Cont.)

 

OLD BUSINESS:

 

Frank Gates: Carlene Harmon asked the Board if they were okay with continuing our services with Frank Gates to handle our workers’ comp claims.  The Board agreed to continue with Frank Gates.

 

NEW BUSINESS:

 

Broken windshield: Keith Lasure said the front windshield on the township van is cracked in two places and needs to be replaced.  The cost is under $500.  The Board asked Mrs. Harmon to check with our insurance company to see if it is covered. 

 

CURRENT EVENTS:

 

Two new businesses: Trustee Gress reported there are two new businesses in the township:

 

1.     OTTCO, LLC, which is a commercial type craft business, located at the top of the hill on Broadway across the railroad tracks

2.     Louisville Towing, who is moving from the city to the township.

 

 

APPROVE JUNE 14, 2007 MINUTES:

 

TRUSTEE LYNCH MOTIONED to approve the June 14, 2007 Minutes, as written, seconded by Trustee Gress.  All voted yes.  MOTION CARRIED.  RES#07-271

 

APPROVE ALL PURCHASE ORDERS, FINANCIAL REPORT AND PAY BILLS:

 

TRUSTEE LYNCH MOTIONED to approve all purchase orders, the financial report and pay bills in the amount of $111,850.26, seconded by Trustee Gress.  All voted yes.  MOTION CARRIED.  RES#07-272

 

 

SIGN CHECKS AND ADJOURN:

 

TRUSTEE LYNCH MOTIONED to sign checks and to adjourn, seconded by Trustee Gress.  All voted yes.  MOTION CARRIED.  RES#07-273

 

The meeting adjourned at 8:25 PM.

 

 

 

 

 

Nimishillen Township Board of Trustees

June 28, 2007 (Cont.)

 

 

 

 

 

_________________________________                  __________________________________

ATTEST: Carlene Harmon, Fiscal Officer                   Lisa R. Shafer, President

 

 

 

 

                                                                                    __________________________________

                                                                                                         Michael L. Lynch, Vice President

 

 

 

 

                                                                                    __________________________________

                                                                                    Allen E. Gress, Trustee