RES#09-051

 

Nimishillen Township Board of Trustees

Regular Meeting

February 12, 2009

 

On Thursday, February 12, 2009, 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 Lisa R. Shafer, Trustee Vice President Michael L. Lynch, Trustee Allen E. Gress and Fiscal Officer Barry L. Evans.

 

Trustee Shafer 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.

 

FIRE DEPARTMENT: (Rich Peterson, Fire Chief)

 

Update on Septic System @ Sta. #2: Chief Peterson reported they are working with Humbert Sanitary Service.  He’s trying to get Fred with Humbert to put together his proposals with different options.  There is no easy or cheap fix.  It’s costing $500.00 each time to pump the septic and dispose of the materials.  So far, it’s been pumped two times since the end of December 2008.  Chief Peterson told the crews at Station #2 if the system backs up and it’s unbearable, they could go to Station #3 and stay there.  The Chief suggested giving Fred @ Humbert until the end of this moth to do something.

 

Dispatching Rates: The standard rate for all 2009 contracts is $34.00 per fire call.  The contracts will be coming back for Board approval.  All billing will now be done by email, which will save paper and postage and the turnaround on billing should be quicker.

 

Chief Peterson reported there was a meeting today of the SCOG Governance Board.  There was more communication, but there are still more interviews.  They are still pursuing hiring a director.  There will be a meeting next Wednesday with the four communication centers and the SCOG Technical Advisor.  The Chief said we’ve provided all of our pricing for upgrades but the other centers have not provided their information as of yet.

 

Chief Peterson reported he attended a meeting in Toledo regarding Homeland Security.  There will be a meeting with the communication leader group teams for emergency training so departments could come together to respond to any problem.

 

 

 

February 12, 2009 Regular Trustees Meeting / Page 2 (Cont.)

 

 

Work Session: Trustee Shafer reported on the work session at 6:00 PM with fire department personnel and some residents before tonight’s regular meeting at 7:00. The discussions hinged around the fire levy, i.e. what the department needs, the committee and plan of action if the fire levy is put on the ballot.

 

Mr. Evans reported he received the clarification back from the Stark County Auditor and stated it’s the same, exact levy that was on the November ballot – a renewal and an increase.

 

Fire Levy: The fire levy was discussed at the 6 PM work session and was discussed at that time.

 

FISCAL OFFICER, BARRY EVANS, ASKED THE BOARD FOR A RESOLUTION DECLARING IT NECESSARY TO SUBMIT THE QUESTION OF LEVYING A RENEWAL AND INCREASE IN EXCESS OF THE TEN-MILL LIMITATION FOR THE PURPOSES SET FORTH IN AND PURSUANT TO SECTION 5705.19(I) OF THE REVISED CODE SO MOVED BY TRUSTEE GRESS AND SECONDED BY TRUSTEE LYNCH.  MOTION CARRIED.  RES#09-033

 

            Roll call voting:        Mr. Gress     -         YES

                                        Mr. Lynch      -         YES  

                                        Mrs. Shafer   -         YES

 

FISCAL OFFICER, BARRY EVANS, ASKED THE BOARD FOR A RESOLUTION DETERMINING TO PROCEED WITH THE SUBMISSION OF THE QUESTION OF LEVING AN ADDITIONAL TAX IN EXCESS OF THE TEN-MILL LIMITATION FOR THE PUSPOSES SET FORTH IN AND PURSUANT TO SECTION 5705.19(I) OF THE REVISED CODE SO MOVED BY TRUSTEE GRESS SECONDED BY TRUSTEE LYNCH.  MOTION CARRIED.  RES#09-034

 

          Roll call voting:        Mr. Gress     -         YES

                                        Mr. Lynch      -         YES

                                        Mrs. Shafer   -         YES

 

FISCAL OFFICER, BARRY EVANS, ASKED THE BOARD FOR A RESOLUTION TO ACCEPT THE BALLOT LANGUAGE FOR THE FIRE LEVY SO MOVED BY TRUSTEE GRESS SECONDED BY TRUSTEE LYNCH.  MOTION CARRIED.  RES#09-035

 

          Roll call voting:        Mr. Gress     -         YES

                                        Mr. Lynch      -         YES

                                        Mrs. Shafer   -         YES

 

 

February 12, 2009 Regular Trustees Meeting / Page 3 (Cont.)

 

 

Mr. Evans reported the increase per year per $100,000 valuation is $21.88, which would be approximately $1.82 per month.  Mr. Lynch reported volunteers are needed to get the word out and educate the public on the fire levy.  If anyone is interested, they can call the township office at 330-875-9924.

 

Fire Department Meeting: The next fire department meeting is scheduled for Tuesday, February 24th @ 7:00 PM @ Station #3 for the purpose of discussing the fire levy and other fire department issues.

 

ROAD DEPARTMENT: (Jack Magee, Highway Superintendent)

 

Excuse Mr. Magee from Meeting: Due to illness, Mr. Magee was excused from tonight’ meeting.

 

Road Report: TRUSTEE GRESS MOTIONED TO APPROVE THE WRITTEN ROAD REPORT SECONDED BY TRUSTEE LYNCH. MOTION CARRIED.  RES#09-036

 

Roll call voting:        Mr. Gress     -         YES

                                        Mr. Lynch      -         YES

                                        Mrs. Shafer   -         YES

 

ZONING DEPARTMENT/EPA: (Keith Lasure)

 

Storm Water Permit Meeting: The Board approved Jack Magee and Keith Lasure to attend a free Storm Water Permit seminar on March 11th in Richfield.

 

 

Update – Township Curfew: After discussion, TRUSTEE GRESS MOTIONED TO ACCEPT THE WRITTEN POLICY ON THE TOWNSHIP CURFEW SECONDED BY TRUSTEE LYNCH.  MOTION CARRIED.  RES#09-037

 

          Roll call voting:        Mr. Gress     -         YES

                                        Mr. Lynch      -         YES

                                        Mrs. Shafer   -         YES

 

 

Update – Barking Dogs: After discussion, TRUSTEE GRESS MOTIONED TO ACCEPT THE WRITTEN POLICY ON BARKING DOGS SECONDED BY TRUSTEE LYNCH.  MOTION CARRIED.  RES#09-038

 

          Roll call voting:        Mr. Gress     -         YES

                                        Mr. Lynch      -         YES

                                        Mrs. Shafer   -         YES

 

 

 

 

February 12, 2009 Regular Trustees Meeting / Page 4 (Cont.)

 

 

Zoning Report: TRUSTEE LYNCH MOTIONED TO APPROVE THE WRITTEN ZONING REPORT FOR FEBRUARY 12, 2009 SECONDED BY TRUSTEE GRESS.  MOTION CARRIED.  RES#09-039

 

          Roll call voting:        Mr. Lynch      -         YES

                                        Mr. Gress     -         YES

                                        Mrs. Shafer   -         YES

 

Zoning Report for Stark County Auditor: TRUSTEE LYNCH MOTIONED TO APPROVE THE JANUARY 2009 ZONING REPORT FOR THE STARK COUNTY AUDITOR SECONDED BY TRUSTEE GRESS.  MOTION CARRIED.  RES#09-040

 

          Roll call voting:        Mr. Lynch      -         YES

                                        Mr. Gress     -         YES

                                        Mrs. Shafer   -         YES

 

CONCERNS OF FISCAL OFFICER: (Barry L. Evans)

 

Transfers:  None

 

2009 Budget Meeting: The Board agreed to hold the 2009 Budget meeting with the Fiscal Officer and the Assistant Fiscal Officer on Wednesday, March 4th at 7 PM at Fire Station #3.

 

Mr. Evans will meet separately with Chief Peterson and Jack Magee to go over their budget and will have that information at the March 4th meeting.

 

Road Levy: After discussion, FISCAL OFFICER, BARRY EVANS, ASKED THE BOARD FOR A RESOLUTION DELARING IT NECESSARY TO SUBMIT THE QUESTION OF LEVYING A RENEWAL TAX LEVY IN EXCESS OF THE TEN-MILL LIMITATION FOR THE PURPOSES SET FORTH IN AND PURSUANT TO SECTION 5705.19(G) OF THE REVISED CODE SO MOVED BY TRUSTEE GRESS SECONDED BY TRUSTEE LYNCH.  MOTION CARRIED.  RES#09-041

 

          Roll call voting:        Mr. Gress     -         YES

                                        Mr. Lynch      -         YES

                                        Mrs. Shafer   -         YES

 

FISCAL OFFICER, BARRY EVANS, ASKED THE BOARD FOR A RESOLUTION DETERMINING TO PROCEED WITH THE SUBMISSION OF THE QUESTION OF LEVYING AN ADDITIONAL TAX IN EXCESS OF THE TEN-MILL LIMITATION FOR THE PURPOSES SET FORTH IN AND

 

 

February 12, 2009 Regular Trustees Meeting / Page 5 (Cont.)

 

 

PURSUANT TO SECTION 5705.19(G) OF THE REVISED CODE SO MOVED BY TRUSTEE GRESS SECONDED BY TRUSTEE LYNCH.  MOTION CARRIED.  RES#09-042

 

          Roll call voting:        Mr. Gress     -         YES

                                        Mr. Lynch      -         YES

                                        Mrs. Shafer   -         YES

 

FISCAL OFFICER, BARRY EVANS, ASKED THE BOARD FOR A RESOLUTION TO ACCEPT THE BALLOT LANGUAGE FOR THE ROAD LEVY SO MOVED BY TRUSTEE GRESS SECONDED BY TRUSTEE LYNCH.  MOTION CARRIED.  RES#09-043

 

          Roll call voting:        Mr. Gress     -         YES

                                        Mr. Lynch      -         YES

                                        Mrs. Shafer   -         YES

 

CONCERNS OF TRUSTEES: (Lisa Shafer, Mike Lynch, Allen Gress)

 

Stark County Health Department Meeting: The Board agreed Trustee Shafer would attend the mandatory Annual District Advisory Council meeting on Thursday, March 5th, at 7:30 PM at the Stark County Health Department in accordance with Section 3709.03 of the Ohio Revised Code.

 

Review of the Joint Meeting Between the City of Louisville & Nim. Twp.: Trustee Lynch reported the joint meeting between the city and township was held at Nim. Twp. Fire Station #3 yesterday, March 11th.  Many topics were discussed on ways the Township and City could work together and move forward.  No major headway was made as of yet – everything is still in the talking stage.  The city road department and township road department share plowing where the roads overlap and so far, it’s working out good.

 

They are trying to put together a ‘What If’ committee to research things they might do as a whole that would benefit both the township and city.  Township volunteers are needed.  The group would be made up of approximately seven to 10 private citizens.  There would be one person who would be mutual between the township and city and then five township residents and five city residents.

 

Also talked about was the Pleasant Grove / Fairhope Schools with the possibility of turning them into green space type parks.  Mr. Lynch said this is a once in a lifetime opportunity, and we should go for it and is just in the talking stage now.

 

 

 

 

February 12, 2009 Regular Trustees Meeting / Page 6 (Cont.)

 

 

TRUSTEE GRESS MOTIONED TO HAVE TOWNSHIP SECRETARY, SHARON SHAUB, WRITE A LETTER TO THE LOUISVILLE BOARD OF EDUCATION EXPRESSING OUR INTEREST IN THE PROPERTIES SECONDED BY TRUSTEE LYNCH.  MOTION CARRIED.  RES#09-044

 

          Roll call voting:        Mr. Gress     -         YES

                                        Mr. Lynch      -         YES

                                        Mrs. Shafer   -         YES

 

OTA Conference: Those attending the 2009 Ohio Township Winter Conference in Columbus were Trustees Shafer, Lynch and Gress, Fiscal Officer Barry Evans, Jack Magee, Keith Lasure and Sharon Shaub. 

 

Ø     Meetings: Trustee Shafer reported in one of the classes she and Sharon attended, they said it was necessary to advertise any meeting if two or more trustees were in attendance, no matter who calls the meeting. This is a public meeting and must be acknowledged as such.  Minutes also have to be kept and posted on our website.

 

Ø     Copy Policy: Trustee Shafer reported there was a Supreme Court ruling about different charges for different things.  One is for copies made for the public and it was stressed that townships should be consistent with whatever the prosecutor’s office charges.  The township secretary asked for a legal opinion from the Stark County Prosecutor and they charge $ .10 per page – no free pages.  (Legal Opinion Attached)

 

Ø     Procedure to Enter In and Out of Executive Session: Trustee Shafer reported if there is more than one executive session, each executive session must be handled separately.  There’s also specific wording to enter in and return from executive session per the Ohio Revised Code.

 

Ø     Junk Cars: Keith Lasure reported on a class he attended on junk cars. He said he would try to have a resolution ready by the next meeting.

 

Governor’s Message Regarding Federal Stimulus Money: Trustee Gress reported Ted Strickland said this year’s budget is ½ billion dollars in the hole and said he will take the stimulus money and plug that hole.  He also said creating new projects in townships probably is not going to happen.

 

 

 

 

 

February 12, 2009 Regular Trustees Meeting / Page 7 (Cont.)

 

 

BICENTENNIAL COMMITTEE:

 

Betty Derry of 8063 Columbus Road gave an update on the Bicentennial Celebration planning to celebrate Nimishillen Township Bicentennial days.

 

Ø     Church bells to ring on March 16th – Beech Mennonite Church joined in which will now make 8 churches

Ø     Bicentennial Kick-off Dinner – March 16th @ Paradise United Church of Christ – Tickets are $20 – Deadline is March 9th

Ø     Earth Day Ceremony for Molly Stark Memorial Park – 2:00 on April 22nd

Ø     Many other activities are being planned through October 26th

 

APPROVE MINUTES:

 

TRUSTEE SHAFER MOTIONED TO APPROVE THE FEBRUARY 12, 2009 MINUTES AS WRITTEN SECONDED BY TRUSTEE GRESS.  MOTION CARRIED.  RES#09-045

 

          Roll call voting:        Mrs. Shafer   -         YES

                                        Mr. Gress     -         YES

                                        Mr. Lynch      -         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 $31,554.14 SECONDED BY TRUSTEE GRESS.  MOTION CARRIED.  RES#09-046

 

          Roll call voting:        Mr. Lynch      -         YES

                                        Mr. Gress     -         YES

                                        Mrs. Shafer   -         YES

 

SIGN CHECKS AND ADJOURN:

 

TRUSTEE LYNCH MOTIOND TO SIGN CHECKS AND ADJOURN AT 8:20 PM SECONDED BY TRUSTEE GRESS.  MOTION CARRIED.  RES#09-047

 

          Roll call voting:        Mr. Lynch      -         YES

                                        Mr. Gress     -         YES

                                        Mrs. Shafer   -         YES

 

 

 

February 12, 2009 Regular Trustees Meeting / Page 8 (Cont.)

 

 

 

 

 

 

 

 

 

_______________________________             __________________________

ATTEST: Barry L. Evans, Fiscal Officer            Lisa R. Shafer, President

 

 

 

 

 

                                                                      __________________________

                                                                      Michael L. Lynch, Vice President

 

 

 

 

 

                                                                      _________________________

Allen E. Gress, Trustee