RES#11-081

Nimishillen Township Board of Trustees

MARCH 10, 2011

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
 
On Thursday, March 10, 2011, 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 Allen E. Gress, Trustee Lisa R. Shafer 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. 

 

NOTE:  All reports are available at the township office located at 4915 N. Nickelplate.  Copies are 10¢ per page.

 

INVOCATION:  Trustee Lynch gave the invocation.

 

EXECUTIVE SESSION: 

 

TRUSTEE GRESS MOTIONED TO ENTER INTO EXECUTIVE SESION AT 7:05 PM WITH ASST. PROSECUTOR LISA BARR TUROSO TO DISCUSS SEVERAL PENDING LITIGATION CASES AS AUTHORIZED UNDER ORC 121.22(G)(3) SECONDED BY TRUSTEE SHAFER.  MOTION CARRIED.  RES#11-060

            Roll call voting:  Mr. Gress – YES; Mrs. Shafer – YES; Mr. Lynch - YES

 

TRUSTEE SHAFER MOTIONED TO RETURN FROM EXECUTIVE SESSION AT 7:37 PM AND RESUME THE REGULAR MEETING SECONDED BY TRUSTEE GRESS.  MOTION CARRIED.  RES#11-061

            Roll call voting:  Mrs. Shafer – YES; Mr. Gress – YES; Mr. Lynch - YES

 

Trustee Shafer reported Stk. Co. Prosecutor Lisa Barr Turoso is moving to the Criminal Division at the Prosecutor’s Office and that we appreciate all her help in the past years and wish her luck.

 

Trustee Shafer reported one of the things discussed in executive session was the 4900 Eshelman case regarding Dan Duplain & Shawn Fimple.  TRUSTEE SHAFER MOTIONED THAT WE FILE FOR INJUNCTIVE RELIEF ON THE SHAWN FIMPLE CASE TO ENSURE THAT HE TEARS HIS GARAGE DOWN SECONDED BY TRUSTEE GRESS.  MOTION CARRIED.  RES#11-062

            Roll call voting:  Mrs. Shafer – YES; Mr. Gress – YES; Mr. Lynch – YES

 

Bud’s Corner was another topic of discussion.  TRUSTEE SHAFER MOTIONED THE BOARD DRAFT A LETTER TO BUD’S CORNER ON TWO ISSUES – ONE TO MAKE SURE HE OPENS AT THE PROPER TIME FRAME AS DICTATED BY HIS COURT ORDER AND ALSO TO INCLUDE A NOTICE ABOUT THE POSSIBLE OPERATION OF A NEW BUSINESS SECONDED BY TRUSTEE GRESS.  MOTION CARRIED.  RES#11-063

            Roll call voting:  Mrs. Shafer – YES; Mr. Gress – YES; Mr. Lynch – YES

 

2011, March 10 Trustees Minutes (Cont.)

 

Also discussed was the Reed case on Apple Street.  Trustee Shafer reported Lisa Barr Turoso will review this case with Mike Bickis, who is taking over her cases, and Dale is to get with Lisa Barr to discuss.

 

FIRE DEPARTMENT: (Chief Richard Peterson)

 

Resolution - Approve January & February Fire Reports: TRUSTEE SHAFER MOTIONED TO APPROVE THE FIRE REPORT FOR JANUARY & FEBRUARY, 2011 SECONDED BY TRUSTEE GRESS.  MOTION CARRIED.  RES#11-064

            Roll call voting:  Mrs. Shafer – YES; Mr. Gress – YES; Mr. Lynch - YES

 

Development of Certified Swift Water Rescue Team:  Chief Peterson reported they have been experiencing calls to rescue people who are trapped in swift water.  However, he said the fire department personnel are not certified in ‘Swift Water Rescue’.  He needs proper equipment for this type of rescue such as a rescue boat (approx. $10,000 - $17,000), ropes & roping equipment, flotation device for swift water, etc. and his staff needs to be trained.  He talked about a possible grant through ODNR.   After discussion, the Board agreed for Rich to develop a certified water rescue team in the fire department.

 

Resolution – Purchase firefighting turnout gear from Finley Fire for new hires: The Chief said the coats they have are from the 1990’s and are worn out.  TRUSTEE SHAFER MOTIONED TO APPROVE THE PURCHASE OF FIREFIGHTING GEAR FROM FINLEY FIRE FOR NEW HIRES AT A COST OF $10,640.00 SECONDED BY TRSUTEE GRESS.  MOTION CARRIED.  RES#11-065

            Roll call voting:  Mrs. Shafer – YES; Mr. Gress – YES; Mr. Lynch - YES

 

Resolution – Purchase Hi Visibility Work Coats from Garment Specialties:  TRUSTEE SHAFER MOTIONED TO PURCHASE HI VISIBILITY WORK COATS FROM GARMENT SPECIALTIES FOR $7,206.00 SECONDED BY TRUSTEE GRESS.  MOTION CARRIED.  RES#11-066

            Roll call voting:  Mrs. Shafer – YES; Mr. Gress - YES; Mr. Lynch - YES

 

Resolution – Purchase fire department work uniforms for new hires from Phoenix Safety Outfitter:  The Chief said even though there’s a resolution on the books; he would like a new resolution because the new uniforms are made of fire proof materials.  TRUSTEE SHAFER MOTIONED TO APPROVE THE PURCHASE OF FIRE DEPARTMENT WORK UNIFORMS FOR NEW HIRES FROM PHOENIX SAFETY OUTFITTERS FOR $6,353.75 SECONDED BY TRUSTEE GRESS.  MOTION CARRIED.  RES#11-067

            Roll call voting:  Mrs. Shafer – YES; Mr. Gress – YES; Mr. Lynch - YES

 

Current status of countywide 911:  Trustee Gress said Rich does not want to discuss this topic because we have been the center of controversy for some time and he said he respects that. However, in today’s Repository, there’s an explanation of where the countywide 911 stands.  Gress said he feels this needs to be mentioned and said there’s a couple significant statements that probably went unnoticed…’more than 2 yrs. SCOG has been discussing & studying the regional 911 concept of the city & county’…Gress said there’s no surprise here about the letter of intent & all of a sudden the City of Canton is backing off.  Gress stated he knows the township has an excellent fire department and this would not happen without good leadership.  Gress said on this issue he was wrong and Rich has brought us down the correct path.

 

 

2011, March 10 Trustees Minutes (Cont.)

 

ROAD DEPARTMENT: (Jack Magee, Hwy. Superintendent)

 

Review township water problems:  Jack said in order to help the township with water problems, residents need to be more aware and need to keep their ditches/culvert pipes free of leaves and other debris so the water can flow more freely.  The road crew has spent the past three days trying to rid the ditches of debris to help solve water problems. 

 

Road levy committee update:  Trustee Gress reported the road levy will be coming up on the May ballot (Issue 2) for renewal of the current levy plus one-mil.  Louisville High School student Abby Hahn volunteered to use Facebook to get the word out.  Mr. Gress said they need other volunteers, donations and to borrow yard sign posts from other campaigns.  Mr. Lynch reminded everyone that no township funds may be used to run a campaign.  The next meeting is scheduled for March 28TH @ 4 PM @ Fire Station #3.

 

Road Department mutual aid during emergencies:  Trustee Gress reported he thought it would be beneficial in times of emergency, everyone work together to help each other out.  After discussion, TRUSTEE GRESS MOTIONED TO AUTHORIZE THE ROAD SUPERINTENDENT, USING HIS OWN JUDGMENT DURING TIMES OF EMERGENCIES, PROVIDE MUTUAL AIDE TO OUR NEIGHBORS SECONEDED BY TRUSTEE SHAFER.  MOTION CARRIED.  RES#11-068

            Roll call voting:  Mr. Gress – YES; Mrs. Shafer – YES; Mr. Lynch – YES

 

Resolution – Approve Road Report:  TRUSTEE LYNCH MOTIONED TO APPROVE THE ROAD REPORT FOR MARCH 10, 2011 SECONDED BY TRUSTEE SHAFER.  MOTION CARRIED.  RES#11-068(A)

            Roll call voting:  Mr. Lynch – YES; Mrs. Shafer – YES; Mr. Gress – YES

 

Yard Waste Agreement:  After discussion, TRUSTEE SHAFER MOTIONED TO ACCEPT THE OFFER FROM THE CITY OF LOUISVILLE THAT THEY PAY 40% FOR MAINTAINING THE COMPOST FACILITY LOCATED AT THE TOWNSHIP ROAD DEPARMENT AND THE TOWNSHIP PAY 60% SECONDED BY TRUSTEE LYNCH.  MOTION CARRIED.  RES#11-069

            Roll call voting:  Mrs. Shafer – YES; Mr. Lynch – YES - Mr. Gress - NO

 

ZONING DEPARTMENT: (Dale Riggenbach, Interim Zoning Inspector)

 

Resolution – Approve Zoning Report:  TRUSTEE SHAFER MOTIONED TO APPROVE THE ZONING REPORT FOR MARCH 10, 2011 SECONDED BY TRUSTEE GRESS.  MOTION CARRIED.  RES#11-070

            Roll call voting:  Mrs. Shafer – YES; Mr. Gress – YES; Mr. Lynch – YES

 

FISCAL OFFICER: (Barry Evans, Fiscal Officer)

 

Township Audit:  Mr. Evans reported he received a notice from the State Auditor advising him the township will be subject to auditing procedure within the near future and will cover the period January 1, 2009 through December 31, 2010.

 

2011, March 10 Trustees Minutes (Cont.)

 

CITIZEN’S CONCERNS:

 

Kevin Huston of 3262 S. Nickelplate talked about the Johannings hearing on March 1, 2011 and said the 3rd trailer Mr. Bates has parked on the property is against zoning rules.  Interim Zoning Inspector, Dale Riggenbach, said he talked to Mr. Bates and the trailer will be moved as soon as the weather permits and the Board agreed.

 

TRUSTEES:

 

Employee Handbook: Trustee Gress completed the draft of the Township Employee Handbook.  By the next meeting (March 24th), everyone is to read the first 15 pages and it will be discussed.  Trustee Shafer asked Mr. Gress if he could send it to the township secretary electronically and she can then send it to her.  He agreed.

 

Tax Incentive Review Committee:  Trustee Lynch reported he will be attending this meeting.  Biery Cheese Tax Abatement is scheduled to be discussed.

 

Set date to interview zoning inspector candidates:  Township secretary, Sharon Shaub, reported she received 11 applications.  After discussion, the Board set a work session to review the application on Thursday, March 24th at 6:30 PM. 

 

2010 Census implications for township:  Trustee Gress reported Nimishillen Township is one of seven entities in Stark County that gained in population.  He said we are 8th in the entire county on growth. 

 

Ron & Betty Derry’s letter from the White House:  Trustee Gress reported Mr. & Mrs. Derry received a letter from Michelle Obama urging them to participate and spread the word on bullying.  Mr. Derry said this all came about during the Bicentennial Celebration.

 

RESOLUTION-APPROVE MINUTES FOR FEBRUARY 24, 2011:

 

TRUSTEE GRESS MOTIONED TO APPROVE THE MINUTES FOR FEBRUARY 24, 2011 AS WRITTEN SECONDED BY TRUSTEE SHAFER.  MOTION CARRIED.  RES#11-071

            Roll call voting:  Mr. Gress – YES; Mrs. Shafer – YES; Mr. Lynch - YES

 

RESOLUTION-APPROVE ALL PURCHASE ORDERS, FINANCIAL REPORT AND PAY BILLS:

 

TRUSTEE SHAFER MOTIONED TO APPROVE ALL PURCHASE ORDERS, FINANCIAL REPORT AND PAY BILS IN THE AMOUNT OF $32,894.13 SECONDED BY TRUSTEE GRESS.  MOTION CARRIED.  RES#11-072

            Roll call voting:  Mrs. Shafer – YES; Mr. Gress – YES; Mr. Lynch - YES

 

RESOLUTION-SIGN CHECKS AND ADJOURN:

 

TRUSTEE SHAFER MOTIONED TO SIGN CHECKS AND ADJOURN AT 8:30 PM SECONDED BY TRUSTEE GRESS.  MOTION CARRIED.  RES#11-073

            Roll call voting:  Mrs. Shafer – YES; Mr. Gress – YES; Mr. Lynch - YES

 

 

2011, March 10 Trustees Minutes (Cont.)

 

 

 

 

 

_____________________________              _________________________________

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

                 Fiscal Officer

 

 

 

                                                                        __________________________________

                                                                        Allen E. Gress, Vice President

 

 

 

                                                                        _________________________________

                                                                        Lisa R. Shafer, Trustee