Nimishillen Township Board of Trustees

Special Meeting

August 14, 2008

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
 
On Thursday, August 14, 2008, the Board of Trustees of Nimishillen Township met in special session at 6:00 P.M. 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 and Trustee Allen E. Gress.  Also in attendance:  Attorney Tracey Laslo, Attorney Jeff Jakmides and Attorney Darlene White.

 

 

President Lynch called the special meeting to order at 6:00 PM and explained the purpose of this meeting is to enter into executive session to discuss SERB proceedings and to discuss pending litigation regarding Bosley v Howard lawsuit.

 

 

FIRST EXECUTIVE SESSION:

 

 

TRUSTEE LYNCH MOTIONED TO ENTER INTO EXECUTIVE SESSION AT 6:00 PM WITH ATTORNEY TRACEY LASLO TO DISCUSS SERB PROCEEDINGS seconded by Trustee Gress.  MOTION CARRIED.  RES#08-293

 

 

                    Roll call voting:        Mr. Lynch      -         YES

                                                  Mr. Gress     -         YES

                                                  Mrs. Shafer   -         YES

 

 

TRUSTEE LYNCH MOTIONED TO RETURN FROM EXECUTIVE SESSION AT 6:36 PM seconded by Trustee Gress.  MOTION CARRIED.  RES#08-294

 

 

                    Roll call voting:        Mr. Lynch      -         YES

                                                  Mr. Gress     -         YES

                                                  Mrs. Shafer   -         YES

 

 

SECOND EXECUTIVE SESSION:

 

TRUSTEE LYNCH MOTIONED TO ENTER BACK INTO EXECUTIVE SESSION AT 6:36 PM WITH ATTORNEY JAKMIDES AND ATTORNEY WHITE TO DISCUSS PENDING LITIGATION REGARDING BOSLEY V HOWARD LAWSUIT seconded by Trustees Gress.  MOTION CARRIED.  RES#08-295

 

                    Roll call voting:        Mr. Lynch      -         YES

                                                  Mr. Gress     -         YES

                                                  Mrs. Shafer   -         YES

 

 

 

 

 

August 14, 2008 Special Meeting Minutes (Cont.)

 

 

TRUSTEE LYNCH MOTIONED TO RETURN FROM EXECUTIVE SESSION AT 7:14 PM seconded by Trustee Gress.  MOTION CARRIED.  RES#08-296

 

                    Roll call voting:        Mr. Lynch      -         YES

                                                  Mr. Gress     -         YES

                                                  Mrs. Shafer   -         YES

 

 

The special meeting adjourned at 7:15 PM.

 

 

 

 

___________ABSENT_______________                  __________________________________

ATTEST: Barry L. Evans, Fiscal Officer                     Michael L. Lynch, President

 

 

 

 

                                                                                    __________________________________

                                                                                    Lisa R. Shafer, Vice President

 

 

 

 

                                                                                    ________      _______________________

                                                                                    Allen E. Gress, Trustee

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Nimishillen Township Board of Trustees

Regular Meeting

August 14, 2008

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
 
On Thursday, August 14, 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.

 

INVOCATION:  Trustee Lynch gave the invocation.

 

FIRE DEPARTMENT: (Chief Rich Peterson)

 

Resolution to hire Jesse Boron as civilian part-time dispatcher: After discussion, TRUSTEE LYNCH MOTIONED TO HIRE JESSE BORON AS A CIVILIAN PART-TIME DISPATCHER EFFECTIVE AUGUST 16, 2008 AT $11.20 / HOUR seconded by Trustee Gress. MOTION CARRIED.  RES#08-297

 

                    Roll call voting:        Mr. Lynch      -         YES

                                                  Mr. Gress     -         YES

                                                  Mrs. Shafer   -         YES

 

Trustee Shafer swore in Mr. Boron and he received a round of applause from those in attendance at tonight’s meeting.

 

Appoint Ben Magee as firefighter candidate: TRUSTEE SHAFER MOTIONED TO APPOINT BEN MAGEE AS FIREFIGHTER CANDIDATE seconded by Trustee Gress.  MOTION CARRIED.  RES#08-298

 

                    Roll call voting:        Mrs. Shafer   -         YES

                                                  Mr. Gress     -         YES

                                                  Mr. Lynch      -         YES

 

Accept resignations of Herb Fogle, Lou Johnson and Bart Miller: TRUSTEE GRESS MOTIONED TO ACCEPT THE RESIGNATIONS OF HERB FOGLE, LOU JOHNSON AND BART MILLER seconded by Trustee Shafer.  MOTION CARRIED.  RES#08-299

 

                    Roll call voting:        Mr. Gress     -         YES

                                                  Mrs. Shafer   -         YES

                                                  Mr. Lynch      -         YES

 

Automatic response area with Osnaburg Fire Department: Chief Peterson reported we have established an automatic response area with Osnaburg Fire Department, effective immediately.  The Chief said we had this approximately 25 years ago along Georgetown and where we border to the south and on Broadway.  We will be responding automatically for structure fires and motor vehicle crashes.  A meeting has been scheduled to meet with Chief Fetty on Monday, August 18th. 

 

 

August 14, 2008 Regular Trustees Minutes (Cont.)

 

Advanced Emergency Medical Dispatch (EMD) Certification Training: Chief Peterson reported EMD Certified Training has been scheduled September 25th through September 27th at Fire Station #3.  The Chief said he would provide flyers.

 

Fire Report for July 2008: Chief Peterson reported a total of 128 total incidents for July 2008, which is up from 107 in July 2007 for a total increase of 21 incidents.  There were 815 total year-to-date incidents for 2008 and 732 total year-to-date incidents for 2007 with a total increase of 83 incidents.  (Attached)

 

Feedback on 911 Letter: Trustee Shafer explained she spoke with Commissioner Harmon.  He said yesterday was the first time he saw the letter we sent dated July 15, 2008.  Commissioner Harmon said they are waiting for other townships to pass a resolution (as we did) to appoint Mr. John Arnold to the 911 Committee.  Commissioner Harmon has to wait until Mr. Arnold is appointed to the committee before he can make any commitment for us to become our own PSAP and said the administrator is calling townships that have not yet passed the resolution.

 

Insurance settlement payout for Station #3: Trustee Lynch explained we are waiting on correspondence regarding the settlement.  This item was tabled to be re-addressed at one of the upcoming trustees’ meetings.

 

Status of sign, septic system and painting at Station #2: Chief Peterson said the sign for Fire Station #2 would be replaced and the handicap signs were replaced.  The septic system is being monitored.  Chief Peterson said they are trying to get out there and dig it up but with the information regarding the insurance settlement facing a $50,000 loss, he doesn’t know if we’re in a position to expend $20,000 on the septic system at this time.  Letters were received from the EPA and from the Stark County Health Dept. stating they are working toward a solution.  Since it’s been dry, the Chief said we haven’t had to pump too often but each time the system has to be pumped, the cost is $125.00.

 

Letter and donation from Kidwatch: Trustee Gress read a letter from Kidwatch and other letters from children who visited Fire Station #3.  (Attached)

 

ROAD DEPARTMENT:

 

Letter of thanks from Canaan Acres resident: Mr. Roger Lookabaugh in Canaan Acres thanked the road department for the good job paving, plowing snow and wanted to let the road department know how much they are appreciated. (Attached)

 

Date to review applications for highway superintendent: Since we were not able to get the last classified ad in The Repository last time because they required pre-payment before they would put the ad in the paper, the Board agreed to go ahead and advertise in The Repository. The deadline to receive applications is August 27th at 3:00 PM.

 

A work session was set for 6:30 PM on August 28th to review road applications.

 

Signs – Welcome to Nimishillen Township: After discussion, the Board agreed to put Welcome to Nimishillen Township signs up at the following locations:

 

August 14, 2008 Regular Trustees Minutes (Cont.)

 

 

Ø     Columbus Road coming from the West from Canton Township

Ø     Werner Church Road

Ø     SR153 from the East coming from Washington Township

Ø     Georgetown & SR44 south by Winter Street

 

The Board agreed to keep one of the signs in reserve.

 

 

Road Report: TRUSTEE GRESS MOTIONED TO APPROVE THE AUGUST 14, 2008 ROAD REPORT AS WRITTEN seconded by Trustee Lynch.  MOTION CARRIED.  RES#08-300  (Attached)

 

                    Roll call voting:        Mr. Gress     -         YES

                                                  Mr. Lynch      -         YES

                                                  Mrs. Shafer   -         YES

 

 

ZONING DEPARTMENT: (Zoning Inspector Keith Lasure)

 

 

Resolution to proceed with legal action against Fish Camp on State Street: Zoning Inspector, Keith Lasure, asked the Board for a resolution to hire Attorney Jeff Jakmides to proceed against Rusty Russ’ Fish Camp on State Street.  After discussion, Trustee Lynch asked Trustee Gress to talk to Mr. Russ before going forth with legal proceedings.  The Board agreed.

 

 

Zoning for Molly Stark: Trustee Gress said there has been a lot of discussion regarding the Molly Stark property. The Stark County Commissioners are thinking about auctioning the land.  Mr. Lasure and Mr. Gress have researched our current Zoning Resolution and found that the Molly Stark property is zoned R-1 Single Family Residential District.  In order to do any kind of strip mining operations, it would have to go before the Board of Zoning Appeals for a conditional use permit.  Mr. Gress said there’s nothing in our zoning code that prohibits mining operations and feels the Nim. Twp. Zoning Commission should meet and request a text amendment to our current Zoning Resolution stating that strip mining is not permitted in residential districts.  Mr. Gress would like to convene the ZC to start the process to change our current zoning code that would outlaw any kind of strip mining operations in residential areas.

 

Mr. Lasure said there are certain State Laws that have to be followed and questioned as to whether or not we can supersede State Law.  Mr. Lasure said when he gets information on this he would pass it on to the Board.  Lasure said the first step is to go to the State for a permit.  The second step is to take it before the Stark County Health Department and the third step is to then go before the BZA and apply for a conditional use permit.

 

 

 

 

 

 

August 14, 2008 Regular Trustees Minutes (Cont.)

 

 

Zoning Report: TRUSTEE LYNCH MOTIONED TO APPROVE THE AUGUST 14, 2008 ZONING REPORT AS WRITTEN seconded by Trustee Shafer.  MOTION CARRIED.  RES#08-301  (Attached)

 

                    Roll call voting:        Mr. Lynch      -         YES

                                                  Mrs. Shafer   -         YES

                                                  Mr. Gress     -         YES

 

July 2008 Zoning Report for Stark County Auditor: TRUSTEE LYNCH MOTIONED TO APPROVE THE JULY 2008 ZONING REPORT FOR THE STARK COUNTY AUDITOR seconded by Trustee Shafer.  MOTION CARRIED.  RES#08-302 (Attached)

 

                    Roll call voting:        Mr. Lynch      -         YES

                                                  Mrs. Shafer   -         YES

                                                  Mr. Gress     -         YES

 

CONCERNS OF FISCAL OFFICER: (Fiscal Officer Barry L. Evans)

 

Transfers per Res.#08-113:

 

August 1, 2008:

$12,300 from 01-A-26 Other Expenses to 01-M-03 Paving Contracts

 

August 11, 2008:

$11,510 from 01-A-02 Salary / F.O. to 01-A-01 Salary /Trustees

$10,000 from 10-A-06 New Bldgs. & Equip. to 10-A-15 Other Expenses

 

Rate request from Safety Controls Technology for BWC rates:

 

Mr. Evans said we are not ready to get into this yet and tabled it to the next trustees’ meeting.

 

SERB Hearing: After discussion, TRUSTEE LYNCH MOTIONED TO APPROVE TRAVEL EXPENSES TO ATTEND THE SERB HEARING IN COLUMBUS, OHIO NEXT THURSDAY, AUGUST 21, 2008 seconded by Trustee Shafer.  MOTION CARRIED.  RES#08-303

 

                    Roll call voting:        Mr. Lynch      -         YES

                                                  Mrs. Shafer   -         YES

                                                  Mr. Gress     -         YES

 

CONCERNS OF CITIZENS:

 

Ron Derry of 8063 Columbus Road spoke about meetings regarding the Molly Stark property and the possibility of putting in a park at that location.

 

H. Gonzalez of 6450 Shilling spoke about the township mowing the ditch in front of his house.  Mr. Lynch explained the township does not maintain ditches on private property and told Mr. Gonzalez it’s up to him to mow and maintain his ditch. 

 

 

August 14, 2008 Regular Trustees Minutes (Cont.)

 

 

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

 

AEP and Dominion East Ohio Gas rate increases: Trustee Gress reported AEP and Dominion East Ohio Gas have filed rate requests to PUCO.  AEP is asking for 15% a year for three consecutive years for a total of 45%.  Mr. Gress asked everyone to write a letter to the PUCO protesting these increases.

 

SCRPC Grant Application Workshop 8/27/08: Trustee Shafer said she sits on this committee and would be attending the workshop.  She said both Mike and Al are also welcome to attend this workshop.

 

Joint Planning Session with Louisville City Council: Trustee Gress reported a meeting has been scheduled for Tuesday, August 26th, at 5:30 PM at the Constitution Hall.  This meeting is open to the public.  Since City Clerk, Peggy Howald, already advertised, the Board agreed it would not be necessary for us to advertise.

 

Finish window treatments for the township hall: After discussion, the Board asked that Sharon Shaub and Tillie Kinsley work on the window treatments.

 

OLD BUSINESS:

 

California / Reno Project – Traffic Study (Tabled from 7/24/08): A letter was received from Brian Cole at the Stark County Engineers office (attached) where they estimate $10,000 to $25,000 for a traffic study.  Discussion was held about the possibility of funding for this project.  This was tabled until after the grant workshop on August 27th.

 

APPROVE MINUTES:

 

TRUSTEE LYNCH MOTIONED TO APPROVE THE JULY 24, 2008 MINUTES, AS WRITTEN, seconded by Trustee Gress:  MOTION CARRIED.  RES#08-304

 

                    Roll call voting:        Mr. Lynch      -         YES

                                                  Mr. Gress     -         YES

                                                  Mrs. Shafer   -         YES

 

APPROVE ALL PURCHASE ORDERS, FINANCIAL REPORT AND PAY BILLS:

 

TRUSTEE LYNCH MOTIONED TO APPROVE ALL PURCHASE ORDERS, FINANCIAL REPORT AND PAY BILLS IN THE AMOUNT OF $13,532.06 seconded by Trustee Gress.  MOTION CARRIED.  RES#08-305

 

                    Roll call voting:        Mr. Lynch      -         YES

                                                  Mr. Gress     -         YES

                                                  Mrs. Shafer   -         YES

 

 

 

 

August 14, 2008 Regular Trustees Minutes (Cont.)

 

 

 

SIGN CHECKS AND ADJOURN:

 

TRUSTEE LYNCH MOTIONED TO SIGN CHECKS AND ADJOURN seconded by Trustee Gress.  MOTION CARRIED.  RES#08-306

 

                    Roll call voting:        Mr. Lynch      -         YES

                                                  Mr. Gress     -         YES

                                                  Mrs. Shafer   -         YES

 

The meeting adjourned at 8:03 PM.

 

 

 

 

_________________________________                  __________________________________

ATTEST: Barry L. Evans, Fiscal Officer                     Michael L. Lynch, President

 

 

 

 

 

                                                                                    __________________________________

                                                                                    Lisa R. Shafer, Vice President

 

 

 

 

                                                                                    ________      _______________________

                                                                                    Allen E. Gress, Trustee