Nimishillen Township Board of Trustees

July 27, 2006


On Thursday, July 27, 2006, the Board of Trustees of Nimishillen Township met in regular session at 7:00 P.M. at the Nimishillen Township Hall located at 4422 Maplegrove NE with the following members present:  Trustee President Todd D. Bosley, Vice President Lisa R. Shafer, Trustee Michael L. Lynch and Fiscal Officer Carlene Harmon.


President Todd D. Bosley called the meeting to order at 7:00 PM and led the staff and audience in the pledge of allegiance.


INVOCATION: Trustee Mike Lynch gave the invocation.


FIRE DEPARTMENT: (Chief Richard Peterson)


Insurance Settlement for Lightening Damaged Communication Equipment: Chief Peterson gave an update stating that as of today, no settlement has been reached.  He said they went from replacing everything to not replacing to repairing, etc.  Now the insurance company is back to trying to replace it.  Zetron, manufacturer of the equipment, said their policy has not changed – they do not repair equipment determined to be damaged by a lightening/power surge stating equipment that has been subjected to a lightening strike or power surge should be considered unreliable regardless of whether they pass testing at this time, and the equipment needs to be replaced.  The difference between repairing and replacing is approximately $20,000.00.  Repaired equipment could fail.


After discussion, Trustee Bosley asked the Chief to draft a letter to the insurance company.  In case of a settlement offer between now and the next meeting, Trustee Bosley asked the township secretary to call the prosecutor’s office and ask if an emergency meeting could be called and if the Board needs to pass a resolution accepting a settlement.  If a settlement is offered in the next couple days, the Chief nor the Board do not want to wait until the August 10th meeting to accept it.


Town Hall Informational Meetings for the Fire Levy: It was suggested three (3) town hall meetings be held – one at each fire station.  Chief Peterson will get some dates together and present them at the next Trustees Meeting on August 10th.


Station #3 Open House: Chief Peterson reported there would be a follow up meeting on Monday at 1PM for a dry run/walk thru.  The open house is still set for August 13th from 1P – 4P.  The format for the open house was discussed.  The Chief asked for ideas from the Board.  Trustee Lynch said WHBC would participate.  Each trustee will submit ideas to the Chief (by Monday) and also give suggestions as to who to invite.  Cheryle Casar from the Chamber will help emcee as well as fire fighters, Board members, etc.  Trustee Lynch announced it would nice to bring a housewarming gift such as canned goods, towels, spices, etc.


ROAD DEPARTMENT: (Superintendent Chris Peterson)


California Avenue: Superintendent Peterson announced California Avenue, from Peach Street to Reno Drive, will be closed for ten (10) days starting August 7th Monday thru Friday from 7:30A – 3P.  He said the road will be closed only during work hours and will only be passable to residents on California.  The road department will be doing repairs to the risers (speed bumps) in the roadway.  Emergency vehicles will be permitted when necessary.  Detours will be posted.  The township secretary sent out notices to all law enforcement, media, dispatch, etc.


Co-Operative Purchasing for Highway (Rock) Salt: After discussion, Trustee Shafer moved to enter into the Co-Operative Purchasing of Highway (Rock) Salt, effective immediately, through the Stark County Engineers, seconded by Trustee Lynch and amended by Trustee Bosley at a price of



























































July 27, 2006 Board of Trustees Minutes (Cont.)


$34.43 per ton with prices firm through June 30th, 2007, seconded by Trustee Lynch.  Roll call voting: Mrs. Shafer – yes, Mr. Lynch- yes and Mr. Bosley- yes.  Motion carried.  RES#06-231


At this time, the Board and Road Superintendent agreed to address items under OLD BUSINESS since the majority of the items are related to the road department.


Canaan Acres Drainage Problems: Superintendent Peterson reported Nick Hammer from the Stark County Health Department had called Zoning Inspector, Keith Lasure, and told him the problem at Canaan Acres is a sewage problem and until that problem is taken care of, it’s a health department issue.  The resident called Mr. Lasure stating she does not want an open ditch and does not want a swale – she wants pipe.  Mr. Hammer advised that her system needs replaced because there’s raw sewage coming from the top of her septic tank and it’s also spouting out from the 4” line that runs through and around her property.  Discussion followed.


Estimates for Holderman Avenue: Superintendent Peterson reported there’s a couple different ways to do this project.  He said they shot some grades today and also talked with one of the residents.  Peterson said the area in question that’s flooding now has always been a problem.  After discussion, Peterson said the cost to fix the problem would be around $4,100.00 or we can look into going after the builder.  Trustee Bosley tabled this until the August 10th meeting so Gary Connor can look at it and offer his opinion before the township does anything.


Paving Program: Superintendent Peterson reported due to a mix-up in advertising by the County, the dates for the bid opening had to be pushed back to August 10th.


Francesca Ditch Project:  Superintendent Peterson said he talked to Gary Connor a couple days ago.  Due to the mixed responses of ‘yes, no, can’t afford, maybe and not wanting to’ by residents, they looked at possibly re-ditching the area and installing 18” driveway culverts.  Gary Connor said that would work, but the township would still end up with open ditches.  Trustee Bosley feels it’s not worth doing this project ½ way.  Mr. Connor said it would cost around $30,000.00 to fix but it would be a long-term fix.  Mr. Connor said the township might have to ‘bite the bullet’ and fix it.  After discussion, the Francesca Ditch Project was tabled until the beginning of the year (2007).  Trustee Bosley said there would still have to be monetary participation from the homeowners.  Trustee Bosley asked township secretary, Sharon Shaub, to write a letter to all the residents informing them of the status of this project.


Road Report: Trustee Shafer moved to accept the written Road Report for June 27, 2006, seconded by Trustee Lynch.  Roll call voting: Mrs. Shafer – yes, Mr. Lynch – yes and Mr. Bosley – yes.  Motion carried.  RES#06-232


ZONING DEPARTMENT: (Zoning Inspector Keith Lasure)


Zoning Report: Trustee Shafer moved to accept the written Zoning Report for June 27, 2006, seconded by Trustee Lynch.  Roll call voting: Mrs. Shafer – yes, Mr. Lynch – yes and Mr. Bosley – yes.  Motion carried.  RES#06-233


Update on Brogan and Father & Son: Zoning Inspector Lasure reported that due to ongoing court action, the Brogan case would be discussed in Executive Session.


Lasure reported the city is still shipping complaints to the township regarding ongoing violations by Father and Son.  According to the city, they won’t be voting on the Father & Son annexation until the end of August.  Mr. Lasure will talk to the prosecutor regarding how to handle the continuing incoming violation complaints.






July 27, 2006 Board of Trustees Minutes (Cont.)


EPA REPORT:  (Keith Lasure)


Mr. Lasure reported Phase I is done stating he completed the mapping for illicit water run-off and drop-offs.  A health department employee went with him to make sure all was okay.  Mr. Lasure reported a few things had to be added/changed but all in all, he got an A or at least a B+ on this.  Phase II will be next.




Transfers: July 15, 2006: $5,000 from 1-A-25 Contingency Acct. to 1-B-04 Utilities; $5,000 from 1-A-25 Contingency Acct. to 01-A-26 Other Expenses; $15,000 from 10-A-14B Fire Insurance to 10-A-07 Utilities Fire and July 18, 2006: $15,000 from 10-A-14B Insurance Fire to 10-A-15 Other.


Amend Certificate for Fire in the amount of -$50,000 for Dispatch Contracts Not Received to Date: After some discussion, Trustee Shafer moved to amend the  certificate for the  fire  department for -$50,000 which are the dispatch contracts not received to date, seconded by Trustee Lynch.  Roll call voting: Mrs. Shafer – yes, Mr. Lynch- yes and Mr. Bosley- yes.  Motion carried.  RES#06-234


Fire Station No. 3 Deficit: Fiscal Officer Harmon read her report on the deficit at Fire Station #3.  (See attached)  Discussion followed.




Terri Fidelholtz of 2828 Ravenna:  Asked what happens to the extra rock salt not used over the winter.  It was explained to her that the left over salt is kept in the salt shed behind the road department.


Terri Huckels of 2730 Easton: Thanked the road department for cleaning around the building stating it looks better – spoke about duties of the president of the trustees and wanted to clarify that it’s only a title and that the three trustees are equal and should make decisions equally.  Discussion followed.


Bill Blackmer of 3505 Maplegrove: Spoke on mosquito spraying.  After discussion, Trustee Bosley asked ZI Keith Lasure to call Phil Revlock at the Stark County Health Dept. and ask if they will go to Mr. Blackmer’s and do something about his mosquito problem.  Mr. Blackmer also spoke on putting sewers on private property.  Discussion followed.


Bill Dietrich of 6095 Easton: Spoke on people (residents) paying for storm sewers and wanted to know who would pay.  Trustee Bosley explained it depends on the situation where the township has to step up and try to do the right thing to advance the township and said Francesca is one of those situations because of the way it was set up in the beginning and is bad for the township road.  Discussion followed.


Donna Fuller of 5857 Rosedale: Said the Board should check into jobs before they let the road superintendent go out and put pipe in and said she paid for her own culvert and takes care of herself.  Suggested maybe the county could step in with some type of funding to help the residents on Francesca.  Discussion followed.


Dawne Friedman of 5366 Francesca: Asked if the township is monitoring the builders who are building new homes, which is causing all the water problems.  Trustee Bosley explained Regional Planning Commission handles this, and the township does not have authority to tell builders where they can or cannot build on property they own.  Discussion followed.


Terri Fidelholtz stepped to the podium again and asked if it was more expensive to upgrade or replace the equipment at the fire department.  Trustee Lynch explained the insurance company



July 27, 2006 Board of Trustees Minutes (Cont.)


wants to get by as cheap as possible and they want to fix equipment vs. replacing the equipment.  Some discussion followed.




Signs for Zone Changes: After discussion, the Board agreed to table this until the August 10th meeting to give Road Superintendent Peterson time to ask Jamie May about making signs to post at properties for zone changes, variances, home businesses, etc.  A generic sign could be used, i.e.:  “Notice: This property is being considered for a zone change.  For more information, please call the Nimishillen Township Zoning Office at 330-875-9924” and change zone change to read home occupation or variance, etc.  It was decided two to three signs of each would be needed.


Resolution to Restart the Process for Outdoor Wood Burning Furnaces: After discussion, Trustee Shafer moved to restart the process for the proposed text amendment to be added to the Nimishillen Township Zoning Resolution to regulate outdoor wood burning furnaces in R-R Rural Residential Districts, seconded by Trustee Lynch.  Roll call voting: Mrs. Shafer – yes, Mr. Lynch – yes and Mr. Bosley – yes.  Motion carried.  RES#06-235


Executive Session:


Trustee Shafer moved to go into Executive Session at 8:15 PM for the purpose of discussing road department personnel issues and the Brogan lawsuit, seconded by Trustee Lynch.  Roll call voting: Mrs. Shafer – yes, Mr. Lynch- yes and Mr. Bosley- yes.  Motion carried.  RES#06-236


Trustee Shafer moved to come out of Executive Session at 8:35 PM, seconded by Trustee Lynch.  Roll call voting: Mrs. Shafer – yes, Mr. Lynch – yes and Mr. Bosley – yes.  Motion carried.  RES#06-237


After discussion, Trustee Lynch moved to extend Road Superintendent Chris Peterson’s probationary period for another 90-days, seconded by Trustee Bosley.  Roll call voting: Mr. Lynch – yes, Mr. Bosley – yes and Mrs. Shafer – no.  Motion carried.  RES#06-238


Road Department Staffing: Trustee Shafer brought up for discussion some temporary ideas for part time road department staffing for small jobs such as mowing.  Trustee Lynch agreed but said it should be on an ‘as needed’ basis and someone who did not need/want benefits.  Trustee Bosley suggested the Board review applications on file, and this was tabled until the August 10th Trustees Meeting.




Fundraisers for the Balloon Liftoff: Holding a reverse raffle was discussed.  Trustee Shafer said she would send forms to the township secretary to forward to the other two trustees.  Trustee Bosley said we’d have to call the prosecutor to find out how this should be handled.  After discussion, Trustee Lynch said he would handle it and would report on this at the next Trustees Meeting on August 10th.  Trustee Lynch also suggested putting together a dinner at Green Meadows banquet room for the raffle drawing.




Correction to Article in Louisville Herald: Township Secretary, Sharon Shaub, said it was reported in the Louisville Herald that they were not notified in time to have a reporter cover the two special meetings on July 5th.  The news media was notified on June 27th, which gave plenty of time to notify someone to cover the meetings.  The township secretary stated she had copies of the fax and email with the date that they were sent to the media.




July 27, 2006 Board of Trustees Minutes (Cont.)




























































Trustee Shafer moved to approve the July 13, 2006 Minutes, as written, seconded by Trustee Lynch.  Roll call voting: Mrs. Shafer – yes, Mr. Lynch – yes and Mr. Bosley – yes.  Motion carried.  RES#06-239




Trustee Shafer moved to approve all purchase orders, seconded by Trustee Lynch. Roll call voting: Mrs. Shafer – yes, Mr. Lynch – yes and Mr. Bosley - yes.  Motion carried.  RES#06-240




Trustee Shafer moved to approve the Financial Report and pay bills in the amount of $172,004.77, seconded by Trustee Lynch.  Roll call voting: Mrs. Shafer – yes, Mr. Lynch – yes and Mr. Bosley – yes.  Motion carried.  RES#06-241




Trustee Shafer moved to sign checks and adjourn, seconded by Trustee Lynch. Roll call voting: Mrs. Shafer – yes, Mr. Lynch – yes and Mr. Bosley – yes.  Motion carried.  RES#06-242


The meeting adjourned at 8:45 PM.































































































































______________________________                         __________________________________

Attest:       Fiscal Officer                                        Todd D. Bosley, President

                 Carlene Harmon






                                                                               Lisa R. Shafer, Vice President






                                                                              Michael L. Lynch, Trustee