MINUTES

Nimishillen Township Board of Trustees

October 11, 2007

 

 

 

 
On Thursday, October 11, 2007, 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 Lisa R. Shafer, Vice President Michael L. Lynch, Trustee Allen E. Gress, Fiscal Officer Carlene Harmon and Township 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.

 

 

SPECIAL GUEST: Past Trustee, Virginia Macdonald of 6290 Columbus Rd. NE, stepped to the podium to let everyone know about Meet the Candidates Forum on Wednesday October 24th at 7 PM at the Louisville Constitution building and is sponsored by the Juilliard Senior Center, Inc.  The League of Women Voters will be the moderator.

 

 

FIRE DEPARTMENT: (Chief Rich Peterson)

 

 

Resolution to Appoint Fire Department Candidates:  Chief Peterson asked for a resolution to appoint the following twelve (12) candidates for firefighter / paramedic training: Timothy Ray, Evelyn Pyles, Jason Kroah, Lisa Vissoc, Jon Tack, Mike Cameron, David Truex, Herbert Fogle, Dale Freitag, Tom Ross, Bart Miller and Rob Morton.

 

 

TRUSTEE GRESS MOTIONED TO ACCEPT THE TWELVE CANDIDATES as stated by Chief Peterson seconded by Trustee Lynch.  Roll call voting:  Trustee Gress – yes, Trustee Lynch – yes and Trustee Shafer – yes.  MOTION CARRIED.  Res#07-359

 

 

Sale of Retired GMC Rescue Unit: After discussion, the Board agreed to accept the higher of the two bids received.  (See attached)

 

 

TRUSTEE GRESS MOTIONED TO ACCEPT THE BID of $476.21 for the GMC 5000 Heavy Rescue Truck seconded by Trustee Lynch.  Roll call voting: Trustee Gress – yes, Trustee Lynch – yes and Trustee Shafer – yes.  MOTION CARRIED.  Res#07-360

 

 

ROAD DEPARTMENT: (Interim Road Superintendent Jamie May)

 

 

Paving Project: Jamie May reported the paving of township roads is completed and he is satisfied.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
 


October 11, 2007 Trustees Minutes (Cont.)

 

Francesca Ditch Project: After discussion, the Board instructed Jamie to have the road crew start on the Francesca Ditch Project first thing Monday morning (October 15th).

 

 

TRUSTEE LYNCH MOTIONED TO AUTHORIZE Interim Road Superintendent, Jamie May, to spend up to $20,000 for materials for the Francesca Project that the Board previously authorized in 2006 seconded by Trustee Gress.  Roll call voting:  Trustee Lynch – yes, Trustee Gress – yes and Trustee Shafer – yes.  MOTION CARRIED.  Res#07-361

 

Road Report: TRUSTEE LYNCH MOTIONED TO APPROVE THE WRITTEN Road Report for October 11, 2007 seconded by Trustee Gress.  Roll call voting: Trustee Lynch – yes, Trustee Gress – yes and Trustee Shafer – yes. MOTION CARRIED.  Res#07-362 (Copy attached)

 

ZONING DEPARTMENT: (Keith Lasure, Zoning Inspector)

 

Miller Farm: Attorney Wayne Graham, attorney for the Millers, said the clean up should be completed in two weeks.

 

Continuous Garage Sale on Easton: Keith Lasure reported progress has been made.  The Board agreed to give her more time to clean up the property.

 

Newman Property on Sunnyside: Keith Lasure gave an update regarding the illegal parking of vehicles on Newman’s property.  He said the residence is still a mess and took pictures with the intention of re-opening the court case.  The property is zoned at R-1 Single Family Residential.

 

Willow Bay Property: Lasure reported the yard has been mowed.

 

Field on Ault: Lasure reported the property owner has been unable to find someone to mow stating it’s still a work in progress.

 

Zoning Report: TRUSTEE GRESS MOTIONED TO APPROVE THE WRITTEN Zoning Report for October 11, 2007 seconded by Trustee Lynch.  Roll call voting:  Trustee Gress – yes, Trustee Lynch – yes and Trustee Shafer – yes.  MOTION CARRIED.  Res#07-363 (Copy attached)

 

Zoning Report for Stark County Auditor: TRUSTEE LYNCH MOTIONED TO APPROVE THE SEPTEMBER 2007 Zoning Report for the Stark County Auditor seconded by Trustee Gress. Roll call voting: Trustee Lynch – yes, Trustee Gress – yes and Trustee Shafer – yes.  MOTION CARRIED.  Res#07-364 (Copy attached)

 

EPA REPORT: (Keith Lasure)

 

Columbus Road: Keith Lasure reported on a complaint regarding miscellaneous items being buried behind a property on Columbus Road.  Nick Hammer with the Stark County Health Department obtained a Court Order to have the property dug up. Items such as tires, bedsprings, etc. were found.  The entire area will have to be dug up and items removed.

 

Newman Property: After going through the Newman file, Attorney Jakmides said there is an order in place stating he would have to file a Motion with the Court asking the Court to enforce the previous order and hold them in contempt of violation.

 

 

October 11, 2007 Trustees Meeting (Cont.)

 

TRUSTEE GRESS MOTIONED THAT THE BOARD INSTRUCT ATTORNEY JAKMIDES TO FILE whatever legal action is necessary on the Sunnyside Avenue property owned by the Newman’s seconded by Trustee Lynch.  Roll call voting: Trustee Gress – yes, Trustee Lynch – yes and Trustee Shafer – yes.  MOTION CARRIED.  Res#07-365

 

CONCERNS OF FISCAL OFFICER: (Carlene Harmon)

 

Resolution to Reduce Speed on Bentler: Mrs. Harmon reported the Stark County Engineers requested the Board to pass a resolution to allow them to submit the speed

zone study to ODOT so they can determine a reasonable, safe speed limit for the area on Bentler Avenue between Columbus Road and Easton Street.

 

TRUSTEE LYNCH MOTIONED TO PASS A RESOLUTION as stated by Mrs. Harmon seconded by Trustee Gress.  Roll call voting: Trustee Lynch – yes, Trustee Gress – yes and Trustee Shafer – yes.  MOTION CARRIED.  Res#07-366

 

Resolution to Accept the Amounts and Rates as Determined by the Budget Commission: Fiscal Officer, Carlene Harmon, asked the Board to accept the amounts and rates as determined by the Budget Commission and authorize the necessary tax levy and certify them to the County Auditor.

 

TRUSTEE LYNCH MOTIONED TO ACCPET THE AMOUNTS AND RATES as set by the Budget Commission seconded by Trustee Gress.  Roll call voting: Trustee Lynch – yes, Trustee Gress – yes and Trustee Shafer – yes.  MOTION CARRIED.  Res#07-367

 

CONCERNS OF CITIZENS:

 

Tim Barr of 5210 Peach Street spoke on the fire levy and asked if Nimishillen Township Fire Department is still a volunteer fire department.

 

Firefighter Bob Kinser of 2619 Ellis in Canton spoke on the importance of the fire levy.

 

Kevin Ellis of 1014 Danielle, City of Louisville spoke on annexations and the Transfer Station.

 

8:00 PM:

 

Dismiss Students: Trustee Shafer dismissed the Louisville High School Government Class Students, and the elected officials signed their papers.

 

Francesca Project: During a short break, Trustee Lynch said Christy Bresson brought to his attention that she feels the Board’s action on the Francesca Project might be beyond their limit of authority; therefore, Lynch asked Attorney Jakmides to check it out.

 

Concerns of Citizens (Cont.):

 

Mark Rumble of 3904 Ravenna spoke on the Wenger Annexation and the Transfer Station.

 

Transfer Station: Trustee Gress reported he met with Louisville City Manager, Tom Ault, on Wednesday morning with questions regarding the City’s position on the Transfer Station.  (See attached)  This was tabled to the next meeting so Attorney Jakmides could research pending questions.

October 11, 2007 Trustees Meeting (Cont.)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
Trustee Lynch requested Keith Lasure get hold of Randy Roswaski at the Stark County Health Department regarding the transfer station and the run-off on Broadway.  There was conversation between residents in the audience and the Board.

 

Terri Fidelholtz of 2828 Ravenna spoke on the Wenger Annexation and ODOT.  ODOT will step in after the road is put through.

 

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

 

Resolution for Trick or Treat: TRUSTEE SHAFER MOTIONED TO SET TRICK OR TREAT FOR SUNDAY OCTOBER 28th from 3 PM to 5 PM as set by the Stark County Commissioners seconded by Trustee Lynch.  Roll call voting:  Trustee Shafer – yes, Trustee Lynch – yes and Trustee Gress – yes.  MOTION CARRIED.  Res#07-368

 

Appeal Wenger Annexation: After discussion between the Board and residents in the audience, Attorney Jakmides said there’s no chance to win the appeal, it would cost $3,000 - $4,000 to pursue it and recommended it not be appealed.

 

Resolution to Appoint Zoning Commission Member, Ed Metzger, as Alternate on the BZA:  Because Gary Brahler was an alternate on the BZA but was appointed to sit as a member on the BZA; an alternate now needs to be appointed.

 

After discussion, TRUSTEE LYNCH MOTIONED TO APPOINT Zoning Commission member, Ed Metzger, as alternate on the Board of Zoning Appeals with the term expiring December 31, 2010 seconded by Trustee Gress.  Roll call voting: Trustee Lynch – yes, Trustee Gress – yes and Trustee Shafer – yes.  MOTION CARRIED.  Res#07-369

 

Drainage Problem – St. Joseph Addition: Trustee Lynch reported we are trying to build a retention basin.  Gary Connor with the Stark County Engineers is putting a plan together and we’re moving forward.

 

EXECUTIVE SESSION:

 

TRUSTEE LYNCH MOTIONED TO ENTER INTO EXECUTIVE SESSION at 8:50 PM to discuss personnel issues seconded by Trustee Gress.  Roll call voting:  Trustee Lynch – yes, Trustee Gress – yes and Trustee Shafer – yes.  MOTION CARRIED.  Res#07-370

 

TRUSTEE LYNCH MOTIONED TO RETURN FROM EXECUTIVE SESSION at approximately 9:14 PM seconded by Trustee Gress.  Roll call voting:  Trustee Lynch – yes, Trustee Gress – yes and Trustee Shafer – yes.  MOTION CARRIED.  Res#07-371

 

OLD BUSINESS:

 

07-03 Ohio Motor Vehicle Record Check for Any Employee who Drives a Township Vehicle:  This was tabled to the next meeting on October 25, 2007.

 

Policy for Part-time Hours for Road Department Personnel:  This was tabled to the next meeting on October 25, 2007.

 

 

 

 

October 11, 2007 Trustees Minutes (Cont.)

 

APPROVE WRITTEN MINUTES:

 

 

TRUSTEE LYNCH MOTIONED TO APPROVE THE SEPTEMBER 27, 2007 MINUTES, AS WRITTEN, seconded by Trustee Gress.  Roll call voting: Trustee Lynch – yes, Trustee Gress – yes and Trustee Shafer – yes.  MOTION CARRIED.  Res#07-372

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
 


APPROVE ALL PURCHASE ORDERS, FINANCIAL REPORT AND PAY BILLS:

 

TRUSTEE GRESS MOTIONED TO APPROVE ALL Purchase Orders, Financial Report and pay bills in the amount of $10,029.92 seconded by Trustee Lynch.  Roll call voting:  Trustee Gress – yes, Trustee Lynch – yes and Trustee Shafer – yes.  MOTION CARRIED.  Res#07-373

 

SIGN CHECKS AND ADJOURN:

 

TRUSTEE GRESS MOTIONED TO SIGN CHECKS AND ADJOURN seconded by Trustee Lynch.  Roll call voting: Trustee Gress – yes, Trustee Lynch – yes and Trustee Shafer – yes.  MOTION CARRIED.  Res#07-374

 

Meeting adjourned at approximately 9:30 PM.

 

 

 

 

_________________________________                  __________________________________

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

 

 

                                                                                    __________________________________

                                                                                                         Michael L. Lynch, Vice President

 

 

                                                                                    __________________________________

                                                                                    Allen E. Gress, Trustee