MINUTES

Nimishillen Township Board of Trustees

September 13, 2007

 

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On Thursday, September 13, 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 and Attorney Jeff Jakmides.

 

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

 

NOTE: Unfortunately the first CD of tonight’s meeting did not record due to malfunction of the equipment and/or bad CD; however, the second CD was okay.  The first part of the minutes will be compiled from the township secretary’s notes and memory.

 

INVOCATION: Trustee Lynch gave the invocation.

 

FIRE DEPARTMENT: (Fire Chief Rich Peterson)

 

Klingensmith’s invoice: After discussion, TRUSTEE LYNCH MOTIONED to authorized payment of $25,341.32 to Architect Klingensmith seconded by Trustee Shafer.  Roll call voting:  Lynch – yes, Shafer – yes and Gress – yes.  MOTION CARRIED.  RES#07-327

 

Renewal of dispatching contracts: Chief Peterson requested a Resolution for the annual renewal of the following dispatching contracts:  Canton Twp. Fire $50,052.36, East Sparta Fire $15,104.28, Greentown Fire $21,753.96, Hartville Fire $21,753.96, Magnolia Police $15,000.00, Marlboro Fire $19,013.52, N. Lawrence Fire $18,125.16, Perry Twp. Fire $53,052.36, Suffield Twp. Fire $21,753.96, Tri Division Ambulance $15,104.28 and Uniontown Fire $21,753.96 for an annual total of $275,467.80 SO MOVED AS STATED BY TRUSTEE LYNCH seconded by Trustee Shafer.  Roll call voting:  Lynch – yes, Shafer – yes and Gress – yes.  MOTION CARRIED.  RES#07-328

 

Update on septic system at Fire Station #2: After Discussion was held regarding the septic system at Sta. #2, Trustee Lynch volunteered to call Mike Rehfus at the Stark County Engineers office for use of a camera to check the septic lines.  The drawings of the original plans do not match the actual lines, which is causing the delay.

 

Community Awareness Day: Chief Peterson reminded everyone that the Community Awareness Day would be on Saturday, September 29, 2007.  Events will take place from 1P – 4P.  The 5K run starts at 7A.  All proceeds will be donated to the USO for military families.

 

Trustee Gress brought up participation in the Constitution Parade as to whether or not the Township Fire Department would be participating.  Chief Peterson said the fire department’s participation is voluntary, they don’t get paid and if any of the fire department personnel are not on a call and are available, the fire department would be participating in the parade.

 

 

 

 

MINUTES

Nimishillen Township Board of Trustees

September 13, 2007 (Cont.)

 

ROAD DEPARTMENT: (Interim Road Superintendent Jamie May)

 

Road Report: TRUSTEE LYNCH MOTIONED TO APPROVE the written Road Report for September 13, 2007 seconded by Trustee Gress.  Roll call voting:  Lynch – yes, Gress – yes and Shafer – yes.  MOTION CARRIED.  RES#07-329 (Copy attached)

 

Chip & Seal program: Jamie reported 13.4 miles of chip & seal has been completed.

 

Paving Program: Jamie reported he talked with Superior Paving and paving of the township roads will begin Monday, September 24, 2007.

 

Reflectors on signs: Discussion was held about putting reflectors on signs.  Jamie said he would check into it.

 

ZONING DEPARTMENT: (Keith Lasure, Zoning Inspector)

 

Zoning Report: TRUSEE LYNCH MOTIONED TO APPROVE the written Zoning Report for September 13, 2007 seconded by Trustee Gress.  Roll call voting: Lynch – yes, Gress – yes and Shafer – yes.  MOTION CARRIED. RES#07-330 (Copy attached)

 

EPA REPORT: (Keith Lasure)

 

Pinevale: A potential property owner requested Lasure look at the property on Pinevale before she purchased it.  Lasure called Nick Hammer from the health department.  The property was found to be full of mold.  The health department ordered the mold to be removed before the property could be occupied.

 

Ohio EPA quarterly storm water workshop – September 20th in Twinsburg: Trustee Gress reported on the workshop on September 20th stating he went last year and suggested either Trustee Lynch or Shafer go this year.  After discussion, Lynch volunteered to go and asked the township secretary to give Intern Caitlin Nay a call and ask her if she wanted to go with him.

 

Mapping township fallouts: Discussion was held regarding the progress of mapping township fallouts being done by Intern Caitlin Nay.  The Board asked the township secretary to give Caitlin a call on her progress to date.  Lasure reported he thought she was about 30% done.

 

CONCERNS OF FISCAL OFFICER: (Carlene Harmon)

 

Transfers per Res#07-02:

8/26/07: $16,000 from 4-A-03A Unemployment to 04-B-02 Materials

8/27/07: $  5,000 from 10-A-15A Medicare to 10-A-15 Other Expenses

8/30/07: $  1,900 from 11-B- 01 Salaries to 11-A-12 Other

8/31/07: $  1,074 from 01-A-16 General Health District to 01-C-01 Salaries

              $  8,000 from 01-A-06B Insurance (Bldgs.) to 01-C-01 Salaries

9/9/07:   $  2,000 from 01-A-26 Other Expenses to 01-A-17 Auditor & Treasurer Fees

 

Census representative: After discussion, Trustee Shafer volunteered to be the census representative with Gress volunteering to help her if needed.

 

MINUTES

Nimishillen Township Board of Trustees

September 13, 2007 (Cont.)

 

2008 Alternative Tax Budget: Fiscal Officer Harmon asked the Board to accept the fiscal year commencing January 1, 2008, Nimishillen Township Alternative Tax Budget for the submission to the Stark County Auditor, with TRUSTEE LYNCH STATING SO MOVED AS STATED seconded by Trustee Gress.  Roll call voting:  Lynch – yes, Gress – yes and Shafer – yes.  MOTION CARRIED.  RES#07-331 (Copy attached)

 

Resolution for Board president to work with fiscal officer to examine bank statements:  Fiscal Officer Harmon reported the State Auditor suggested the President of the Board of Trustees work with the fiscal officer to examine bank statements.

 

TRUSTEE GRESS MOTIONED AS PER THE REQUEST OF THE STATE AUDITOR the Nimishillen Township Board of Trustees President work with the fiscal officer to examine bank statements seconded by Trustee Lynch.  Roll call voting: Gress – yes, Lynch – yes and Shafer – yes.  MOTION CARRIED. RES#07-332

 

Part-time hours for road department:  Fiscal Officer Harmon asked the Board for a policy to follow defining what is considered to be part-time hours.  Attorney Jakmides said Attorney Tracy Laslo would prepare something in writing.  After discussion, this was tabled to the next trustees meeting on September 27, 2007.

 

Decrease Fire Certificate: Fiscal Officer Harmon reported due to the lack of property tax revenue, she requested an Amended Certificate from the Stark County Budget Commission to allow the Nimishillen Township Board of Trustees to make the following budgetary adjustments of $20,000.00 (in both the Receipts Budget and Appropriations Budget) for the 2007 Appropriations and Receipts with TRUSTEE LYNCH STATING SO MOVED AS STATED seconded by Trustee Gress.  Roll call voting:  Lynch – yes, Gress – yes and Shafer – yes.  MOTION CARRIED.  RES#07-333 (Copy attached)

 

Decrease Motor Vehicle License Tax Certificate by $7,700.00: Fiscal Officer Harmon said due to insufficient license tax revenue, she requested an Amended Certificate from the Stark County Budget Commission to allow the Nimishillen Township Board of Trustees to decrease the Motor Vehicle License Tax by $7,700.00 in both the Receipts Budget and Appropriations Budget for the 2007 Appropriations and Receipts with TRUSTEE GRESS STATING SO MOVED AS STATED seconded by Trustee Lynch.  Roll call voting: Gress – yes, Lynch – yes and Shafer – yes.  MOTION CARRIED.  RES#07-334 (Copy attached)

 

Increase Road District Certificate: Fiscal Officer Harmon requested an Amended Certificate from the Stark County Budget Commission to allow the Nimishillen Township Board of Trustees to make a budgetary adjustment in both the Receipts Budget and Appropriations Budget for the 2007 Appropriations and Receipts.  The increase is due to the additional property tax receipts.  TRUSTEE LYNCH MOTIONED TO INCREASE THE ROAD DISTRICT CERTIFICATE $20,000.00 seconded by Trustee Gress.  Roll call voting: Lynch – yes, Gress – yes and Shafer – yes.  MOTION CARRIED.  RES#07-335 (Copy attached)

 

Increase General Fund Certificate $30,000.00: Fiscal Officer Harmon requested an Amended Certificate from the Stark County Budget Commission to allow the Nimishillen Township Board of Trustees to make budgetary adjustments in both the Receipts Budget and Appropriations Budget for the 2007 Appropriations and Receipts.  TRUSTEE GRESS MOTIONED TO INCREASE THE GENRERAL FUND $30,000.00 seconded by Trustee Lynch.  Roll call voting

 

MINUTES

Nimishillen Township Board of Trustees

September 13, 2007 (Cont.)

 

Gress – yes, Lynch – yes and Shafer – yes.  MOTION CARRIED.  RES#07-336 (Copy attached)

 

CONCERNS OF CITIZENS:

 

Donna Fuller of 5857 Rosedale commented on the following Nimishillen Township concerns:

  • Urged residents to call Township and County Officials to have them acknowledge that there are problems stating it pays to call them
  • Meeting she attended with Trustee Lynch and Shafer and Gary Connor regarding storm water run-off from St. Joseph Care Center

 

Linda Shier of 8710 Easton commented on:

  • Goebel Annexation with Attorney Jeff Jakmides giving an update

 

Mark Jackson on Meese talked about:

  • Storm water issues on his property on Meese. (See attached) Attorney Jakmides suggested the first thing he needs to do is get with a real estate attorney.  Keith Lasure suggested Mr. Jackson call Stark Soil and Water and talk to Tyson.  Keith said he would call Tyson when he gets back from vacation and Mr. Jackson is to call Keith the week of Sept. 24th.  Trustee Lynch said he would call Gary Connor at the Stark County Engineers and ask him to meet him at the property and will notify Mr. Jackson what Gary Conner suggests.

 

After discussion, Trustee Shafer said the Board would call Tyson at Stark Soil &

Water.

 

8:00 PM- DISMISS STUDENTS:

 

Trustee Shafer dismissed the Louisville High School students and the elected officials signed their papers.

 

Concerns of Citizens (Cont.):

 

Terri Huckels of 8730 Easton commented on the following:

  • ZBA meeting regarding wind turbine generators – very interested – feels everyone should have one
  • Special meeting on September 10th, 2007

 

Christy Bresson of 4591 Lakeknoll commented on:

  • Beer garden at Louisville Park stating it was not township business

 

Mark Rumble of 3094 Ravenna commented on:

  • Annexation issue pertaining to the corridor on Ravenna
  • Asked residents to sign a petition to oppose the annexation of 24.323 acres in Nimishillen Township (Wenger property on Ravenna)

 

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

 

 

MINUTES

Nimishillen Township Board of Trustees

September 13, 2007 (Cont.)

 

Creek Clean up: Trustee Shafer announced the creek clean up is scheduled for Saturday Sept. 22nd from 9 AM – 12:30 PM.  They will be using heavy equipment to remove several logjams.  A free lunch will be provided after the clean up.  For more information, call the township office at 330-875-9924. (Flyer attached)  Trustee Gress said he would be taking before and after pictures of the clean up.

 

Township support for Old Middle School Reuse Proposal – step two finance options: Trustee Gress asked the Board for a resolution to support the old middle school stating this is a joint effort which includes the Louisville School District as well as the Township and City of Louisville.

 

Trustee Gress asked the Board to pass a resolution giving township support for the Old Middle School Reuse Committee to help develop plans with the idea of putting this on the March 4, 2008 ballot.

 

TRUSTEE GRESS MOTIONED THAT NIMISHILLEN TOWNSHIP SUPPORT the next step of the Louisville Old Middle School Reuse Committee.

 

Lynch and Shafer stated they could not support a resolution to continue on with the Middle School Reuse Project because it’s inappropriate.  The fire levy was not put back on the ballot and Shafer said if anything, they should be talking about the fire levy and not the old middle school.  She said we need to take care of our own fire department.

 

Several residents spoke from their seats and some stepped to the podium (Dawne Friedman, Joanne Moody, Linda Shier, Mark Rumble, Donna Fuller & Bob Bailey) giving reasons why they were for or against the Middle School Reuse Committee.

 

MOTION DIED for lack of a second.

 

Update on Francesca Project: Trustee Shafer asked Jamie May to bring everyone up to speed on the Francesca Ditch Project.

 

Jamie said the county sent prints about a month ago and said he reviewed them today.  He made a list of all the pipe and catch basins as to what needs to go out to bid on the north side of Francesca. (See attached) 

 

Jamie suggested calling Commissioner Todd Bosley for an update on the plans.  Trustee Lynch said he didn’t think the Commissioner’s Office would get involved with this project.  Trustee Shafer asked Jamie to make a list of pipe and catch basins needed for the north side of Francesca as well as the south side, which will be looked at separately.  Bids must be prepared for each side of the street.  She said the project has already been approved.  Jamie said he and Tillie would work on the bid packet.

 

Request from Louisville Area Chamber of Commerce for office space: Because we are still waiting for a legal opinion from the prosecutor’s office, this was tabled to the September 27th meeting.

 

SCOG update: Trustee Shafer attended the SCOG meeting (Stark Council of Government) Tuesday evening stating they approved Geocom to be the project coordinator.  The amount of the contract is between $89,000 and $90,000.  The company will begin touring facilities and

MINUTES

Nimishillen Township Board of Trustees

September 13, 2007 (Cont.)

 

completing the survey October 1st with a goal of Feb. 2008 for completion.  The purpose of the study is to see how the region could benefit from consolidating dispatching facilities and pulling together facilities in Stark County.  Bernie Hunt will be providing a copy of the contact to Trustee Shafer and she will forward it to Chief Peterson for review.

 

Executive Session: TRUSTEE LYNCH MOTIONED TO GO INTO EXECUTIVE SESSION at 8:50 PM seconded by Trustee Shafer.  Roll call voting:  Lynch – yes, Shafer - yes and Gress – yes.  MOTION CARRIED.  RES#07-337

 

TRUSTEE LYNCH MOTIONED TO RETURN FROM EXECUTIVE SESSION at 9:35 PM seconded by Trustee Gress.  Roll call voting:  Lynch – yes, Gress – yes and Shafer – yes.  MOTION CARRIED.  RES#07-338

 

OLD BUSINESS:

 

Fire Loss and Demolition Resolution per RC 3929.85: Trustee Gress reported Attorney Jakmides is working on the verbiage for the resolution.  This was tabled to the September 27th meeting.

 

Pinevale Extension regarding moving of gas lines in the township road right of way: Trustee Gress asked Keith to bring everyone up to date.  Lasure said he had two meetings with the gas company and also the oil company that pumps the well.  He said sometime in the next few weeks, they would be starting on the project.  Tillie Kinsley said Pinevale Ext. is not part of the gas tax mileage, which is 240 feet.  Lasure reported since the township started to maintain Pinevale Ext., we are now obligated to continue maintaining it and suggested making a cul-de-sac.  Gress said since it is a township road, the only thing we should do is put up a stop sign and street sign.  Jamie said it’s up to the county to put up a stop sign and said he would call the county.  Jamie said our road department would make the street sign.  Keith gave an update on the history of Pinevale Ext. and said the issue is closed.

 

Bonnie Hoskins on Easton Street: Keith said Bonnie Hoskins was supposed to attend tonight’s meeting and give an update on the progress regarding the clean up of her property.  Mrs. Hoskins did not show up.  Attorney Jakmides called her and left a message.  Keith reported he went by her house and there has not been much progress made.

 

Attorney Jakmides asked the Board to pass a resolution to authorize the zoning inspector to seek bids on clean up costs on the Bonnie Hoskins property in the event that the property is not cleaned up by the next Board meeting.

 

TRUSTEE LYNCH MOTIONED TO AUTHORIZE ZONING INSPECTOR KEITH LASURE TO MOVE FORWARD on obtaining bids for the clean up of the Bonnie Hoskins property in the event she does not comply by the next Board meeting on September 27th, 2007 seconded by Trustee Gress.  Roll call voting: Lynch – yes, Gress – yes and Shafer – yes.  MOTION CARRIED.  RES#07-339

 

Miller Farm:  Attorney Jakmides reported progress is continuing at the Miller Farm on Columbus Road.  Mr. Miller’s attorney invited Lasure and Jakmides to inspect the property before the next Board meeting.  It is anticipated the clean up will be completed in a month.  An update on the clean up will be given at the September 27th Board meeting.

MINUTES

Nimishillen Township Board of Trustees

September 13, 2007 (Cont.)

 

Request for Division Fire Chief to attend Trustee meetings in absence of Fire Chief: Discussion was held regarding the Division Fire Chief attending meetings in the absence of Fire Chief, Rich Peterson.  The Board asked Chief Peterson to talk it over with the division chiefs and get some feedback from them.

 

APPROVE MINUTES:

 

TRUSTEE LYNCH MOTIONED TO APPROVE THE AUGUST 23RD, 2007 REGULAR MINUTES AND SEPTEMBER 10TH, 2007 SPECIAL MEETING MINUTES seconded by Trustee Gress.  Roll call voting: Lynch – yes, Gress – yes and Shafer – yes.  MOTION CARRIED.  RES#07-340

 

APPROVE PURCHASE ORDERS, FINANCIAL REPORT AND PAY BILLS:

 

TRUSTEE LYNCH MOTIONED TO APPROVE ALL PURCHASE ORDERS, FINANCIAL REPORT AND PAY BILLS in the amount of $208,614.22 seconded by Trustee Gress.  Roll call voting: Lynch – yes, Gress – yes and Shafer – yes.  MOTION CARRIED.  RES#07-341

 

SIGN CHECKS AND ADJOURN:

 

TRUSTEE LYNCH MOTIONED TO SIGN CHECKS AND ADJOURN, seconded by Trustee Gress.  Roll call voting: Lynch – yes, Gress – yes and Shafer – yes.  MOTION CARRIED.  RES#07-342

 

Meeting adjourned at approximately 10:00 PM.

 

 

 

___________________________________              __________________________________

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

 

 

 

                                                                                    __________________________________

                                                                                                         Michael L. Lynch, Vice President

 

 

 

                                                                                    __________________________________

                                                                                    Allen E. Gress, Trustee