NIMISHILLEN TOWNSHIP BOARD OF TRUSTEES

October 22, 2009

 

On Thursday, October 22, 2009, the Nimishillen Township Board of Trustees met in regular session at 7:00 PM.  Present:  Trustee President Lisa R. Shafer, Trustee Vice President Michael L. Lynch, Trustee Allen E. Gress and Fiscal Officer Barry L. Evans.

 

Trustee Shafer brought the meeting to order at 7:00 PM and led the staff and audience in the Pledge of Allegiance.

 

Note:  All reports are available at the township office located at 4915 N. Nickelplate.

 

INVOCATION: 

 

Trustee Lynch gave the invocation.

 

FIRE DEPARTMENT: (Richard Peterson, Fire Chief)

 

September 2009 Fire Report: Chief Peterson reported 83 emergency incidents for the month.

 

TRUSTEE GRESS MOTIONED TO APPROVE THE SEPTEMBER 2009 FIRE REPORT AS PRESENTED SECONDED BY TRUSTEE LYNCH.  MOTION CARRIED.  RES#09-185

 

            Roll call voting:          Mr. Gress        -           YES

                                                Mr. Lynch        -           YES

                                                Mrs. Shafer     -           YES

 

ROAD DEPARTMENT: (Jack Magee, Highway Superintendent)

 

Transmission Truck#3: Mr. Magee reported truck #2 is better than truck #3.  They are both 1994’s.  He wants to make one good truck out of the two trucks by taking the transmission out of truck #2 and put it in truck #3 at a cost of $1,000 with the total cost for both trucks being $4,000.00.


TRUSTEE LYNCH MOTIONED TO REPAIR TRUCK #3 IN AN AMOUNT UP TO $4,000.00 SECONDED BY TRUSTEE GRESS.  MOTION CARRIED.  RES#09-186

 

            Roll call voting:          Mr. Lynch        -           YES

                                                Mr. Gress        -           YES

                                                Mrs. Shafer     -           YES

 

Road Report: TRUSTEE GRESS MOTIONED TO APPROVE THE ROAD REPORT FOR OCTOBER 22, 2009 AS PRESENTED SECONDED BY TRUSTEE LYNCH.  MOTION CARRIED.  RES#09-187

2009, October 22 Trustees Minutes (Cont.)

 

 

            Roll call voting:          Mr. Gress        -           YES

                                                Mr. Lynch        -           YES

                                                Mrs. Shafer     -           YES

 

ZONING DEPARTMENT: (Keith Lasure, Zoning Inspector)

 

Resolution to place 5743 Stark on tax duplicate: TRUSTEE LYNCH MOTIONED TO PLACE 5743 STARK, PARCEL #3302109, ON THE TAX DUPLICATE IN COMPLIANCE WITH O.R.C. 505.86 & 505.87 FOR MOWING IN THE AMOUNT OF $750.00 SECONDED BY TRUSTEE GRESS.  MOTION CARRIED.  RES#09-188

 

            Roll call voting:          Mr. Lynch        -           YES

                                                Mr. Gress        -           YES

                                                Mrs. Shafer     -           YES

 

House on Eshelman: Mr. Lasure reported he received a complaint regarding 4900 Eshelman about a garage being built onto the neighbor’s property.  He stated he and Trustee Gress checked the property and talked to the owner.  They found several violations; one being a sunroom built on the property, also an accessory building and two additions were added on to the garage with no permits issued.  Part of the garage is actually on the neighbor’s property so setbacks were not met.  Mr. Lasure said he is waiting on an opinion from the Stark County Prosecutor.     

 

Illicit Discharge Training: Mr. Lasure reported he attended the mandatory illicit discharge training as well as Jack and the road crew.  The training was put on by the Stark County Health Department, which is required by the Health Department and EPA.  We receive credit on our EPA report for attending.  Mr. Magee said any time the road crew sees gray water, he shuts down the job until either Keith or the Health Department takes a look.

 

Zoning Report: TRUSTEE GRESS MOTIONED TO APPROVE THE WRITTEN ZONING REPORT FOR OCTOBER 22, 2009 AS PRESENTED SECONDED BY TRUSTEE LYNCH.  MOTION CARRIED.  RES#09-189

 

            Roll call voting:          Mr. Gress        -           YES

                                                Mr. Lynch        -           YES

                                                Mrs. Shafer     -           YES

 

                                   

FISCAL OFFICER: (Barry Evans, Fiscal Officer)

 

Transfers per Res#09-011:  Mr. Evans reported there were no transfers.

 

2009, October 22 Trustees Minutes (Cont.)

 

 

Inheritance Tax: Trustee Gress reported he thought we had received the inheritance tax but it was part of the normal tax distribution that was received late.

 

 

CONCERNS OF CITIZENS:

 

 

Terri Huckels of 8730 Easton spoke on the following:

·       Candidates’ signs

·       Molly Stark initiated by Ron & Betty Derry and not the trustees

·       Wants copies of emails Chief Peterson sent regarding participation in 911

 

 

     Linda Shier of 8710 Easton spoke on the following:

·       Asked about the township helping with the Juilliard Center van

·       Asked where the township stood with the SERB Chris Peterson case – Trustee Shafer said we’ve not heard anything yet

 

 

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

 

 

Recognition from State Auditor: Trustee Shafer read the letter she received from Mary Taylor, CPA, Auditor of State, congratulating Nimishillen Township on celebrating its 200th anniversary. The township received a certificate of congratulations in honor and recognition of the celebration of our 200th anniversary, which was signed by Mary Taylor dated 9/23/09.

 

 

Ohio issues: Trustee Gress reported on the State issues that will be on the November 3rd ballot.

 

 

Molly Stark Park Grant: Trustee Shafer reported a letter was received from Stark Parks respectfully requesting passage of a resolution of support for the application in the Clean Ohio Assistance Fund. 

 

 

TRUSTEE GRESS READ THE FOLLOWING RESOLUTION SECONDED BY TRUSTEE LYNCH.  MOTION CARRIED.  RES#09-190

 

 

 

2009, October 22 Trustees Minutes (Cont.)

 

 

 

______ALLEN GRESS_________ motioned for the adoption of the following resolution:

 

 

A RESOLUTION SUPPORTING THE STARK COUNTY PARK DISTRICT’S APPLICATION TO THE STATE OF OHIO, TO PARTICIPATE IN THE CLEAN OHIO ASSISTANCE FUND

 

 

WHEREAS, the State of Ohio, Department of Development, provides financial assistance to local governments for the purpose of addressing local needs; and

 

WHEREAS, the Stark County Park District desires to participate in the Program to receive financial assistance for a Phase II Environmental Assessment of the Molly Stark Hospital property under the Clean Ohio Assistance Fund; and

 

WHEREAS, the Stark County Park District has the authority to apply for financial assistance and to administer the amounts received from the State of Ohio, Department of Development, Clean Ohio Assistance Fund; and

 

WHEREAS, the application requires an Authorization Resolution from the legislative authority of the community in which the property is located if the Applicant is a different entity from the community; and

 

WHEREAS, the Nimishillen Township Trustees support the elimination of hazardous, asbestos, and petroleum contamination from the former Molly Stark Hospital and development of a public park at the site; and

 

WHEREAS, The Phase II Environmental Assessment will not affect the operations of the Nimishillen Township Fire Department adjacent to the property;

 

NOW THEREFORE, BE IT RESOLVED by the Board of Trustees of Nimishillen Township, Stark County, Ohio, all members thereof concurring:

 

THAT THE NIMISHILLEN TOWNSHIP TRUSTEES HEREBY APPROVE the Stark County Park District filing an application for financial assistance under the Clean Ohio Assistance Fund for a Phase II Environmental Assessment of the former Molly Stark Hospital property.

 

Passed and approved by the Board of Trustees of Nimishillen Township, Stark County, Ohio this __22ND__ day of __OCTOBER _, 2009.

 

 

_______MICHAEL LYNCH_______ seconded the motion.

           

 

            Upon roll call on the adoption of the resolution, the vote went as follows:

2009, October 22 Trustees Minutes (Cont.)

 

 

 

Roll call voting:                      Mr. Gress        -           YES

                                                            Mr. Lynch        -           YES

                                                            Mrs. Shafer     -           YES

 

 

BWC conference update: Trustee Gress attended a mandatory training session stressing safety programs and how to prevent BWC claims and the proper steps to take when an employee is injured on the job.  It was recommended that the road department hold safety meetings once a month.  It was suggested that our road department and the City of Louisville road department combine these meeting.

 

Halloween: Just a reminder that Halloween has been set for Saturday, October 31st, from 3 – 5 PM.

 

Meeting with Stark County Engineers on November 18th: Trustee Gress reported the county will hold a public hearing on Wednesday, November 18th at 6:00 PM at the township hall on Maplegrove regarding the proposed improvement of the intersections at Paris Avenue & Easton Street and Paris Avenue & Meese Road in Nim. Twp. (roundabout).  The meeting is open to the public.

 

EXECUTIVE SESSION:

 

TRUSTEE GRESS MOTIONED TO ENTER INTO EXECUTIVE SESSION AT 8:15 PM PER #1 IN THE OHIO REVISED SUNSHINE LAW BOOK, PERSONNEL – PURSUANT TO DIVISION (G) (1) OF THIS SECTION TO DISCUSS ROAD DEPARTMENT PERSONNEL SECONDED BY TRUSTEE GRESS.  MOTION CARRIED.  RES#09-191

 

            Roll call voting:          Mr. Gress        -           YES

                                                Mr. Lynch        -           YES

                                                Mrs. Shafer     -           YES

 

TRUSTEE GRESS MOTIONED TO RETURN FROM EXECUTIVE SESSION AT 8:25 PM AND RESUME THE REGULAR MEETING SECONDED BY TRUSTEE LYNCH.  MOTION CARRIED.  RES#09-192

 

            Roll call voting:          Mr. Gress        -           YES

                                                Mr. Lynch        -           YES

                                                Mrs. Shafer     -           YES

 

 

 

 

2009, October 22 Trustees Minutes (Cont.)

 

 

APPROVE OCTOBER 8, 2009 MINUTES:

 

TRUSTEE GRESS MOTIONED TO APPROVE THE OCTOBER 8, 2009 MINUTES, AS WRITTEN, SECONDED BY TRUSTEE LYNCH.  MOTION CARRIED.  RES#09-193

 

            Roll call voting:          Mr. Gress        -           YES

                                                Mr. Lynch        -           YES

                                                Mrs. Shafer     -           YES

 

APPROVE ALL PURCHASE ORDERS, FINANCIAL REPORT AND PAY BILLS:

 

TRUSTEE GRESS MOTIONED TO APPROVE ALL PURCHASE ORDERS, FINANCIAL REPORT AND PAY BILLS IN THE AMOUNT OF $36,076.47 SECONDED BY TRUSTEE LYNCH.  MOTION CARRIED.  RES#09-194

 

            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 8:30 PM SECONDED BY TRUSTEE LYNCH.  MOTION CARRIED.  RES#09-195

 

            Roll call voting:          Mr. Gress        -          YES

                                                Mr. Lynch        -           TES

                                                Mrs. Shafer     -           YES

 

 

 

 

_____________________________              __________________________________

Attested by: Barry L. Evans                            Lisa R. Shafer, President

                    Fiscal Officer

 

 

                                                                        ___________________________________

                                                                        Michael L. Lynch, Vice President

 

 

 

                                                                        ____________________________________

                                                                        Allen E. Gress, Trustee