RES#08-352
Nimishillen Township Board of Trustees
Regular Meeting
October 9, 2008
On Thursday, October 9, 2008, the Board of Trustees of Nimishillen Township met in regular session at 7:00 PM at the Nimishillen Township Hall located at 4422 Maplegrove NE with the following members present: Trustee President Michael L. Lynch, Trustee Vice President Lisa R. Shafer, Trustee Allen E. Gress and Fiscal Officer Barry L. Evans.
Trustee Lynch called the meeting to order at 7:00 PM and led the staff and audience in the Pledge of Allegiance.
INVOCATION:
Trustee Lynch gave the invocation.
GUEST SPEAKER:
Frank Antonacci, member of the Louisville Board of Education, spoke about the upcoming school bond levy, Issue #56, and asked the Board for their endorsement.
TRUSTEE GRESS MOTIONED TO ENDORSE THE 2.8 MIL SCHOOL BOND LEVY ISSUE #56 SECONDED BY TRUSTEE SHAFER. MOTION CARRIED. RES#08-333
Roll call voting: Mr. Gress - YES
Mrs. Shafer - YES
Mr. Lynch - YES
There was a question and answer session between Mr. Antonacci, the Board of Trustees and audience.
7:30 PM – HEARING FOR TEXT AMENDMENT TO THE NIMISHILLEN TOWNSHIP ZONING RESOLUTION:
Trustee Lynch said the hearing is to consider Nimishillen Township Zoning Commission’s recommendation for a proposed text amendment to the current Nim. Twp. Zoning Resolution to delete surface mining or strip mining as Conditionally Permitted Uses in R-1 Single Family Residential Districts.
After discussion and with no one in attendance to speak either for or against the proposed text amendment, TRUSTEE SHAFER MOTIONED TO DELETE THE PROPOSED TEXT AMENDMENT FROM R-1 SINGLE FAMILY RESIDENTIAL DISTRICTS ONLY AND TO LEAVE IT AS CURRENTLY WRITTEN IN R-R RURAL RESIDENTIAL DISTRICTS IN THE NIMISHILLEN TOWNSHIP ZONING RESOLUTION AS FOLLOWS:
October 9, 2008 Regular Trustees Meeting / Page 2 (Cont.)
The approved text amendment reads as follows:
R-1 SINGLE FAMILY RESIDENTIAL DISTRICT
SECTION 702.2.B Conditionally Permitted Uses
Delete: “1. Surface mining or strip mining, subject to Subsections 105, 110,
111, 112, 113, 114, 125.”
Renumber all remaining conditionally permitted uses in this section
TRUSTEE GRESS SECONDED THE MOTION. MOTION CARRIED. RES#08-334
Roll call voting: Mrs. Shafer - YES
Mr. Gress - YES
Mr. Lynch - YES
FIRE DEPARTMENT: (Rich Peterson, Fire Chief)
Trustee Lynch excused Chief Peterson from tonight’s meeting. Mr. Peterson is in Columbus on fire department business.
SCOG: Trustee Shafer reported SCOG is working on dispatch issues. She attended a meeting last week about changing by-laws, which is required by statute because they are looking at putting in a central dispatch center for the county. Mrs. Shafer said creating the by-laws and moving ahead is a procedure they need to do. However, Nimishillen voted no to changing the by-laws because at this point, there has not been support throughout the community.
Mrs. Shafer said in addition to that, we, the Board, had written a letter to the Stark County Commissioners dated July 17, 2008 requesting we become our own PSAP (Public Safety Answering Point). We currently dispatch for 18 agencies. Instead of those calls going to the Sheriff’s Department, we want those calls to come directly to us.
Chief Peterson and Mrs. Shafer attended a meeting on October 6th at 11:00 AM. Commissioner Harmon is part of the group in the 9-1-1 Planning Committee. Our letter dated July 17, 2008 was read and their conversation was basically to generate a technical committee for the 9-1-1 Group. SCOG and Randy Gonzalez would like to just add a few, i.e. State Highway Patrol, to combine into one governance committee. Mr. Harmon is looking into it and they believe there is a need for a technical committee, which would include the phone dept., Chiefs,
October 9, 2008 Regular Trustees Meeting / Page3 (Cont.)
etc., who would advise the governance committee of things they should / shouldn’t be moving forward with. Those specific issues would be referred to Stark County Prosecutor, Sharon Miller, via Mr. Harmon.
Mrs. Shafer said the EMA Director was there and he voiced some concerns. John Arnold (our representative through the Township Association) is on the 9-1-1 Planning Committee. He was at that meeting and fought this battle for Nim. Twp.
Mrs. Shafer said we’re looking at two to three years before forming a central dispatch center. She said this is just one step in moving forward and basically our request to be our own PSAP has been put on hold and they’re seeking legal advice.
Letters of congratulations: Trustee Gress reported a donation in the amount of $500 was received from Eslich Wrecking Company and a letter of thanks to our paramedics from Al Torcasio.
Trustee Lynch reported he received a verbal compliment for the fire department from Jimmy Ashcraft.
Update on water damage to station #3: Trustee Lynch reported a letter was received from the Ohio Department of Insurance stating they will be investigating as to why Whitaker-Myers has not paid the insurance claim on the water damage at Station #3. (Attached)
Fire Prevention Week Activities: Trustee Shafer said she, Chief Peterson and Eric Ohman attended the Fire Prevention Week kick-off Breakfast on Tuesday, October 7th. Scott Ryter, also a Nimishillen Township Firefighter, was named the 2008 Canton Firefighter of the year and received an award.
ROAD DEPARTMENT: (Jack Magee, Highway Superintendent)
Salt shortage: Mr. Magee said he talked to our supplier today and was assured there would be plenty of salt for this year at the current cost of $40 / ton. Prices are expected to be $80-$90 / ton later and other states are expecting to pay as much as $200 / ton.
Above ground portable double wall tank for ultra low sulfur diesel fuel: Mr. Magee said we’re getting a new truck this year. All the 2008 diesel motors need ultra low sulfur diesel fuel. As of now, our supplier doesn’t have it so we’re looking at leasing a portable tank and install it at the township road department. All pumps have to be switched over by April 2010.
October 9, 2008 Regular Trustees Meeting / Page 4 (Cont.)
Roof repairs: Mr. Magee said he’s still checking on prices to have the garage roof repaired. So far, he has two estimates. He will report on it at the next meeting.
This was not listed on the agenda, but discussion was held on a 15-year old truck the City of Louisville will be auctioning off and also the septic system repair at Station #2. It is Mr. Magee’s opinion the truck is not worth considering and said he would be getting with Chief Peterson at a later date to look at the septic system at Sta. #2.
Road Report: TRUSTEE GRESS MOTIONED TO APPROVE THE WRITTEN ROAD REPORT FOR OCTOBER 9, 2008 SECONDED BY TRUSTEE LYNCH. MOTION CARRIED. RES#08-335 (Copy available at township office)
Roll call voting: Mr. Gress - YES
Mr. Lynch - YES
Mrs. Shafer - YES
ZONING DEPARTMENT: (Keith Lasure, Zoning Inspector)
Zoning Report: TRUSTEE SHAFER MOTIONED TO APPROVE THE WRITTEN ZONING REPORT FOR OCTOBER 9, 2008 SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#08-336 (Copy available at township office)
Roll call voting: Mrs. Shafer - YES
Mr. Gress - YES
Mr. Lynch - YES
Mr. Lasure touched on various zoning problems and/or concerns listed in the written Zoning Report.
Zoning Report for Stark County Auditor: TRUSTEE SHAFER MOTIONED TO APPROVE THE SEPTEMBER 2008 ZONING REPORT FOR THE STARK COUNTY AUDITOR SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#08-337 (Copy available at township office)
Roll call voting: Mrs. Shafer - YES
Mr. Gress - YES
Mr. Lynch - YES
October 9, 2008 Regular Trustees Meeting / Page 5 (Cont.)
CONCERNS OF FISCAL OFFICER: (Barry L. Evans, Fiscal Officer)
October 6, 2008:
$1,200 from 01-A-26 Other Expenses to 01-A-03 Travel
Resolution accepting amounts determined by the Budget Commission: TRUSTEE SHAFER MOTIONED TO ACCEPT THE AMOUNTS AND RATES FOR 2009 AS DETERMINED BY THE BUDGET COMMISSION AND AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING THEM TO THE COUNTY AUDITOR SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#08-338
Roll call voting: Mrs. Shafer - YES
Mr. Gress - YES
Mr. Lynch - YES
Resolution to place properties on tax duplicate: TRUSTEE SHAFER MOTIONED TO PLACE THE FOLLOWING PROPERTIES ON THEIR TAX DUPLICATE IN COMPLIANCE WITH ORC 505.87 FOR MOWING: DEBRA BOULDER - 3295 MEESE; JUANITA A. DITOMMASO - 3924 BURKE AND ROSEMARY FINNEGIN - 5266 BROADWAY SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#08-339
Roll call voting: Mrs. Shafer - YES
Mr. Gress - YES
Mr. Lynch - YES
CONCERNS OF CITIZENS:
Ø Ron Derry of 8063 Columbus spoke on Molly Stark / Stark Parks progress. Since this is on the agenda under Concerns of Trustees, Trustee Gress said he and Trustee Lynch attended two meetings. Stark Parks Board has agreed to enter into a contract agreement to take over the Molly Stark property and put in a park.
Mr. Derry wanted to let everyone know in trying to create this park, there’s a lot of work to be done such as raising funds. Steve Cook is getting information from a local asbestos mitigater.
The goal is to save as much of the property / building as possible. Mr. Derry said it looks as though the main entrance (atrium) can be saved and
October 9, 2008 Regular Trustees Meeting / Page 6 (Cont.)
will be identified as the ‘Molly Stark Memorial Park’, which will honor the fact that Molly Stark Hospital was a part of Stark County’s history. There is no intent to totally destroy the building.
CONCERNS OF TRUSTEES: (Mike Lynch, Lisa Shafer, Allen Gress)
Clean Air Fund: Trustee Gress reported the Clean Air Fund would be on the November ballot. It will not increase taxes and he urged everyone to vote for the Clean Air Fund.
Safety Council: Trustee Shafer attended the Safety Council Luncheon today and reported we met the requirements for FY08 rebate program and received a 2% rebate check in the amount of $570.80. Requirements to be eligible for the rebate is to attend meetings, the president of the board must attend a minimum of at least one meeting and filing of reports on time. Mrs. Shafer said another 2% rebate would be available in November or December.
Natural Gas Program: Letters from Direct Energy will be mailed to all township residents offering a guaranteed rate of 10.492 per Mcf (per hundred cubit feet). The City of Louisville negotiated 10.25 Mcf.
Stark County Mental Health Levy Renewal: This topic was not listed on the agenda, but Trustee Lynch reported the Stark County Mental Health Levy is a renewal and will not raise taxes.
Resolution to place a public notice in the Louisville Herald: Terms will be expiring December 31, 2008 for BZA member Gary Brahler and ZC member Regan Starkey.
TRUSTEE LYNCH MOTIONED TO PLACE A PUBLIC NOTICE IN THE LOUISVILLE HERALD FOR TERMS EXPIRING DECEMBER 31,2008 ON THE ZONING COMMISSION AND BOARD OF ZONING APPEALS SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#08-340
Roll call voting: Mr. Lynch - YES
Mr. Gress - YES
Mrs. Shafer - YES
OLD BUSINESS / NEW BUSINESS:
There was no old business or new business to discuss.
October 9, 2008 Regular Trustees Meeting / Page 7 (Cont.)
APPROVE MINUTES:
TRUSTEE LYNCH MOTIONED TO APPROVE WORK SESSION AND REGULAR MEETING MINUTES FOR SEPTEMBER 25, 2008 AND OCT. 2, 2008 MINUTES AT STARK COUNTY COMMISSIONER’S OFFICE SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#08-341
Roll call voting: Mr. Lynch - YES
Mr. Gress - YES
Mrs. Shafer - YES
APPROVE PURCHASE ORDERS, FINANCIAL REPORT AND PAY BILLS:
TRUSEE LYNCH MOTIONED TO APPROVE ALL PURCHASE ORDERS, FINANCIAL REPORT AND PAY BILLS IN THE AMOUNT OF $23,869.09 SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#08-342
Roll call voting: Mr. Lynch - YES
Mr. Gress - Yes
Mrs. Shafer - YES
EXECUTIVE SESSION:
TRUSTEE SHAFER MOTIONED TO ENTER INTO EXECUTIVE SESSION AT 8:22 PM TO DISCUSS PENDING LITIGATION SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#08-343
Roll call voting: Mrs. Shafer - YES
Mr. Gress - YES
Mr. Lynch - YES
TRUSTEE SHAFER MOTIONED TO RETURN FROM EXECUTIVE SESSION AT 8:38 PM SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#08-344
Roll call voting: Mrs. Shafer - YES
Mr. Gress - YES
Mr. Lynch - YES
There was no discussion upon returning from executive session.
October 9, 2008 Regular Trustees Meeting / Page 8 (Cont.)
SIGN CHECKS AND ADJOURN:
TRUSTEE GRESS MOTIONED TO SIGN CHECKS AND ADJOURN AT 8:38 PM SECONDED BY TRUSTEE SHAFER. MOTION CARRIED. RES#08-345
Roll call voting: Mr. Gress - YES
Mrs. Shafer - YES
Mr. Lynch - YES
_______________________________ __________________________
ATTEST: Barry L. Evans, Fiscal Officer Michael L. Lynch, President
__________________________
Lisa R. Shafer, Vice President
__________________________
Allen E. Gress, Trustee
Add (in appropriate section / location)
SECTION 702 R-1 SINGLE FAMILY RESIDENTIAL DISTRICT
SECTION 702.2.B. Conditionally Permitted Uses
Delete: “1. Surface mining or strip mining, subject to Subsections 105, 110,
111, 112, 113, 114, 125.”
Renumber all remaining conditionally permitted uses in this section
(Amendment eff. 11/9/08, NI # 2, 2008)