RES#09-___

 

Nimishillen Township Board of Trustees

Regular Meeting

February 26, 2009

 

 

On Thursday, February 26, 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.

 

ROAD DEPARTMENT: (Jack Magee, Highway Superintendent)

 

Mixer blocks: Jack asked the Board for approval to buy mixer blocks and gravel for the compost area stating the money would have to come out of the general fund.  After discussion, the Board tabled this until the next meeting.

 

Salt Usage: Jack reported he used approximately 600 tons of salt in January alone and said there’s approximately 450 tons in the shed now.  He reported they’ve been out approximately 47 times plowing and salting and said they started salting November 18th.  He said there’s no problem getting salt, and he’s still paying $40.95 per ton.

 

2008 Township Highway System Mileage Certification:  Jack said the township lost 0.42 miles of roads because Louisville took some land, which will cost the township $165.37 in revenue.

 

ODOT meeting: Jack attended the ODOT meeting regarding resurfacing on SR62.  The resurfacing will start April 1, 2009 and should be finished by June of 2010.  The intersections at California and Broadway will only be asphalted approximately 25’.

 

Corner California & Reno: Trustee Lynch asked Jack to investigate the continuing problem at the corner of California and Reno and find out if there’s any stimulus money available.  Jack said he’d check with the county.  Keith Lasure said the stimulus money is a loan that would have to be paid back and not the same as grant money.

 

2009 Winter Conference: Jack reported he learned a lot at the conference.  The road crew must wear class 2 garments, which are lime green with florescent white stripes down the shoulder and across the midriff.  He stated there would also be changes in signs.  He talked to Brian Cole at Stark County Engineers about it.  Brian will get back to him regarding the changes.

February 26, 2009 Regular Trustees Meeting / Page 2 (Cont.)

 

 

Programmable thermostats: Jack reported he installed programmable thermostats in the garage so he can adjust and regulate the temperature on weekends to help save money on the heating bill. 

 

Road Report: TRUSTEE GRESS MOTIONED TO APPROVE THE WRITTEN ROAD REPORT FOR FEBRUARY 26, 2009 SECONDED BY TRUSTEE LYNCH.  MOTION CARRIED.  RES#09-048

 

            Roll call voting:            Mr. Gress        -           YES

                                                Mr. Lynch        -           YES

                                                Mrs. Shafer     -           YES

 

FIRE DEPARTMENT: (Rich Peterson, Fire Chief)

 

Workshop in Columbus: Chief Peterson reported he spent the last two days in Columbus at a seminar (which is why he was late for tonight’s meeting) attending the latest Statewide Interoperability Executive Committee (SIEC) meeting and the Statewide Communications Interoperability Plan (SCIP) workshop.  It is radio communication interoperability with agencies across the State of Ohio.  Chief Peterson reported he was nominated by Sheriff Swanson to be the point of contact for our region (Region 5).

 

January 2009 Fire Report: Chief Peterson reported there were 105 total Fire / EMS incidents for January 2009 and 109 total Fire / EMS incidents for January 2008 for a decrease of four (4) in incidents.  There was a total of 105 year-to-date Fire / EMS Incidents for 2009 and a total of 109 year-to-date Fire / EMS incidents for 2008 for a decrease of four (4) in incidents.

 

TRUSTEE GRESS MOTIONED TO APPROVE THE JANUARY 2009 FIRE REPORT SECONDED BY TRUSTEE LYNCH.  MOTION CARRIED.  RES#09-049

 

            Roll call voting:            Mr. Gress        -           YES

                                                Mr. Lynch        -           Yes

                                                Mrs. Shafer     -           YES

 

FEMA Fire Act Grant: Chief Peterson reported he is going to apply again this year for the FEMA Fire Act Grant.  They applied for it two years ago and that’s how they purchased the turnout gear and breathing air compressor.  The Chief is also looking for a grant writer.  He said if we are awarded a grant, the fee is normally refunded.

 

Septic problems at Station #2: The Chief talked to Fred with Humbert Sanitary.  He said there was a mix-up between him (Fred) and Hammontree on the size of the wastewater tank for the gray water.  Fred said he’d have the proposal next week in time for the March meeting.  The trustees said if not, we’d have to go with someone else.

 

Chief Peterson stated he has approval to use the front system as the septic system and to put a 1,500 gallon gray water storage tank in the back.

 

 

February 26, 2009 Regular Trustees Meeting / Page 3 (Cont.)

 

 

9-1-1 Committee: Chief Peterson said they had their first meeting Tuesday where they laid out the groundwork out of the four sites plus brought the State Patrol in.  It was all information gathering bringing people up to speed as to where they need to be.  The Chief said they’ve already started to meet with some vendors and different agencies.

 

Letters from residents: Trustee Gress read two thank-you letters thanking the squad, which included donations from Patricia Gatts and Robert Hennis.  The donations were $100.00 each.

 

ZONING DEPARTMENT / EPA: (Keith Lasure)

 

Update on revisions to the Zoning Resolution: Keith reported the Zoning Resolution is almost finished.  It’s been a lot of hard work.  Regional Planning now has all the revisions / updates.  Bob Nau will be quoting a price to do the book.  There will probably be one more meeting.  The Zoning Resolution was last updated in 2004.

 

Zoning Inspector’s Mutual Assistance meeting:  Keith reported he attend the ZI Mutual Assistance meeting last Friday at Lake Township.  The State has made some changes in the small wind energy systems requirements.  The resolution and text amendment to the Zoning Resolution will need to be amended to reflect the changes.

 

Mapping ditches: Keith Lasure and Sharon Shaub will be meeting with Bethany Perkowski and Todd Paulus at the Stark County Health Department regarding Sharon’s EPA report and the mapping of ditches.  Keith reported he would need to spend some time on mapping township ditches.  Last year, Caitlin Nay was hired by the SCHD but did not complete the job.  Keith said it was going to take some time.  Trustee Shafer asked what time frame he had to get the mapping of ditches done.  Keith said he did not know at this time but would find out. The Health Department has some of Caitlin’s reports.  They were able to incorporate them into the reports for 2008.

 

Zoning Report: TRUSTEE LYNCH MOTIONED TO APPROVE THE WRITTEN ZONING REPORT FOR FEBRUARY 26, 2009 SECONDED BY TRUSTEE GRESS.  MOTION CARRIED.  RES#09-050

 

            Roll call voting:            Mr. Lynch        -           YES

                                                Mr. Gress        -           YES

                                                Mrs. Shafer     -           YES

 

CONCERNS OF FISCAL OFFICER: (Barry L. Evans)

 

Transfers:

Transfers since the last meeting - Per Res#09-011:

$  5,000.00   - From 01-A-26A (Payroll) to 01-C-01 (Salaries)

$10,000.00   - From 03-B-02 (Other Exp.) to 03-B-05 (Supplies)

$  5,000.00   - From 04-A-04 (Tools & Equip.) to 04-A-05 (Supplies

$  4,000.00   - From 11-B-04 (Other Exp.) to 11-A-05 (Supplies)

 

 

February 26, 2009 Regular Trustees Meeting / Page 4 (Cont.)

 

 

Fire Levy: At the last meeting, Mr. Evans reported the difference between the Five- Mill and the Four-Mill was $21.88 and said it should be $30.63.

 

CONCERNS OF CITIZENS:

 

Ø      Terri Huckels of 8730 Easton spoke on the fire department work session held on February 12, 2009 regarding the fire levy and stated everyone recognizes the importance and necessity of fire department personnel, police officers, nurses, etc., and feels it should be explained in detail why an additional mil is needed.  Discussion followed.

 

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

 

Tax Incentive Review Council: Trustee Gress gave a reminder of the Tax Incentive Review Council meeting on March 9th at 2:00 PM at Stark County Regional Planning.  Trustees Gress and Lynch will attend.

 

BICENTENNIAL COMMITTEE:

 

Ø      Betty Derry of 8063 Columbus Road gave an update on the Bicentennial festivities:

1)     The 6th meeting was held 2/17/09 @ 7 PM @ Fire Station #3.  The treasurer’s report was read.

2)     Scheduled meeting dates from March through October along with tentative agendas

3)     Tillie Kinsley was the guest.  She designed and donated the Bicentennial Logo

4)     Two more food vendors have confirmed to be at the Heritage Days Festival on July 18th:  Vendors for far:

§        Al Ickis from Dover – making & selling kettle corn

§        Keith Schloneger from Dundee – making & selling homemade ice cream

§        Stark Parks – food concession trailer with hot dogs, pizza, hot pretzels, chips, nachos, coffee, soda and water

§        Ermanno’s Pizza (owned by Mike Lynch) will be selling chicken dinners with all profits going to the parks

§        Bicentennial events are listed at the Stark Co. Events website: www.starkcountyevents.com.  Betty thanked Raeanne Guiley for setting it up.

§        WHOF101.7 FM discusses the events on Fridays and the Alliance Review is planning to print a Bicentennial article (by John Whitaker) on March 5th

§        The next meeting is March 3rd at 7 PM at Sta. #3 on Columbus Road and is open to the public

 

 

 

February 26, 2009 Regular Trustees Meeting / Page 5 (Cont.)

 

 

APPROVE MINUTES:

 

TRUSTEE GRESS MOTIONED TO APPROVE THE FEBRUARY 12, 2009 MINUTES AS WRITTEN SECONDED BY TRUSTEE LYNCH.  MOTION CARRIED.  RES#09-051

 

            Roll call voting:            Mr. Gress        -           YES

                                                Mr. Lynch        -           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 $35,619.44 WITH TRUSTEE GRESS AMENDING THE MOTION TO INCLUDE ANY OTHER BILLS THAT HAVE COME IN AND ARE DUE.  The motion was not seconded.

 

TRUSTEE GRESS MOTIONED TO APPROVE ALL PURCHASE ORDERS, FINANCIAL REPORT AND PAY BILLS IN THE AMOUNT OF $35,619.44 AND IN ADDITION, PAY THE $7,000 OWED TO KLINGENSMITH ARCHITECTS.  The motion was not seconded.

 

Trustee Shafer said there’s been ongoing discussion at several meetings regarding the Klingensmith bill.  Mrs. Shafer once again said she doesn’t feel the township owes Klingensmith $7,000.00 and said this needs to be tabled.

 

Trustee Gress said he, Barry and Tillie met with Mr. Klingensmith and agreed to pay the $7,000.  Mr. Gress said he then shook hands with Mr. Klingensmith and does not want to go back on his word.

 

Trustee Shafer explained that a lot of the $7,000 includes depositions and said we do not pay people to give depositions.  A lot of the time listed is four (4) hours for depositions, Earl Libby’s time, Tom Klingensmith’s time and Betsy Libby’s time.  Mrs. Shafer said this should be re-visited and in the meantime, our fire chief can review some of the charges.  Without legal representation in attendance tonight, Mrs. Shafer said this could not be discussed since this could be imminent meaning it could possibly be on the point of happening or is impending litigation.

 

The Board agreed to have Trustee Lynch get with Attorney Robertson regarding the pending invoice.

 

Ø      Resident, Ron Derry of 8063 Columbus Road stepped to the podium and said he feels the Klingensmith invoice should be paid to avoid legal fees and said it would cost more money to delay and fight it.

 

With that, the Board tabled this to a later date.  Trustee Shafer asked the Board for another motion.

February 26, 2009 Regular Trustees Meeting / Page 6 (Cont.)

 

 

TRUSTEE GRESS MOTIONED TO APPROVE ALL PURCHASE ORDERS, FINANCIAL REPORT AND PAY BILLS IN THE AMOUNT OF $35,619.44 SECONDED BY TRUSTEE LYNCH.  MOTION CARRIED.  RES#09-052

 

            Roll call voting:            Mr. Gress        -           YES

                                                Mr. Lynch        -           YES

                                                Mrs. Shafer     -           YES

 

SIGN CHECKS AND ADJOURN:

 

TRUSTEE GRESS MOTIONED TO SIGN CHECKS AND ADJOURN AT 8:03 PM SECONDED BY TRUSTEE LYNCH.  MOTION CARRIED.  RES#09-053

 

            Roll call voting:            Mr. Gress        -           YES

                                                Mr. Lynch        -           YES

                                                Mrs. Shafer     -           YES

 

 

 

 

_______________________________                      __________________________

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

 

 

 

 

                                                                                    __________________________

                                                                                    Michael L. Lynch, Vice President

 

 

 

 

                                                                                    _________________________

Allen E. Gress, Trustee