Thursday, July 27, 2006, the Board of Trustees of
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)
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
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
$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.
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.
CONCERNS OF THE FISCAL OFFICER: (Carlene Harmon)
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.
CONCERNS OF CITIZENS:
Fidelholtz of 2828
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.
Blackmer of 3505 Maplegrove: Spoke on mosquito spraying. After discussion, Trustee Bosley asked ZI
Keith Lasure to call Phil Revlock at the
Dietrich of 6095
Fuller of 5857
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.
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
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
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.
to Article in
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
APPROVE ALL PURCHASE ORDERS:
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
APPROVE FINANCIAL REPORT AND PAY BILLS:
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
SIGN CHECKS AND ADJOURN:
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.
04-213 04-214 04-215 04-216 04-217 04-218
Attest: Fiscal Officer Todd D. Bosley, President
Lisa R. Shafer, Vice President
Michael L. Lynch, Trustee