July 13, 2006
On Thursday, July 13, 2006, the Board of Trustees of
The regular meeting was called to order at 7:00 PM by President Todd D. Bosley who led the staff and audience in the pledge of allegiance.
Todd Bosley welcomed Father Howard from Sacred Heart of Mary. Father Howard gave the invocation.
MOMENT OF SILENCE:
Todd Bosley asked for a moment of silence for Michael Yoder and his family.
Todd Bosley introduced Nancy Ruble with the Coalition for Animal Concerns. Ms. Ruble brought three Greyhounds with her. She explained the purpose of the Coalition of Animal Concerns is to educate people on the care of animals and stated that when you adopt an animal, it’s a lifetime commitment and not something you toss aside and throw away.
Ruble said they are not a rescue group.
She takes Greyhounds to schools to teach children on the care of
animals. They also visit nursing homes. She said the group was founded five years
ago. She talked about the importance of
spaying and neutering animals and said the Pet Fix
Ruble said they work with the
further said Greyhounds do not bark and do not have a doggie odor. She does have Greyhounds available for
adoption through John Lamielle who runs the “Greyhound Gathering’. They meet at Pet Smart in
FIRE DEPARTMENT: (Chief Richard Peterson)
Approval to Repair the Electrical Conduit Water Leak at Station No. 3: After discussion, Lisa Shafer moved to authorize Spring Electric to repair the electrical conduit water leak at Fire Station No. 3 and in addition to that, if willing, run a camera through the line at an approximate cost of $750.00, seconded by Mike Lynch. Roll call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes. Motion carried. RES#06-216
Update on Fire/EMS Awareness Day Balloon Liftoff: Chief Peterson reported he
met earlier today with the
Contract Extension for Additional Architectural Services: Chief Peterson reported the contract term was 4/13/05 to 12/15/05. Tom Klingensmith is continuing his service (at no charge) and they are willing to continue to do so and negotiate a settlement. Peterson said this is up to the Board’s discretion. This was tabled until the July 27th, 2006 trustees meeting so the Board would have time to look over the settlement proposal from Klingensmith.
Open House Update: In regards to invitations to the open house,
Peterson contacted some of the vendors (SBC, Positron, Motorola). He also asked about inviting other elected
officials, business representatives and people in the community. He also suggested putting it in the local
newspapers to get the word out. Mike
Lynch said he would work with Cheryl at the
Resolution to Approve the Amendment to the August 28, 2003 Enterprise Zone Agreement: Due to Attorney Randy Hunt’s late arrival, at this time he asked to amend the Ohio Enterprise Zone Agreement which was executed back in August 2003. Mr. Hunt said Biery Cheese is now a larger operation in terms of dollars invested as well as more jobs created.
After discussion, Lisa Shafer moved to approve the amendment to the August 28, 2003 Enterprise Zone Agreement between Nimishillen Township and the Stark County Commissioners and Biery Cheese, Inc., seconded by Mike Lynch. Roll call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes. Motion carried. RES#06-217
Dennis Biery with Biery Cheese – Requesting the Board to Approve the Tax Abatement: Lisa Shafer moved to approve the tax abatement for Biery Cheese, seconded by Mike Lynch. Roll call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes. Motion carried. RES#06-218
The Board agreed the township is blessed having Mr. Biery in our community.
ROAD DEPARTMENT: (Superintendent Chris Peterson)
Chuck Harsh – Maintenance of Road @ 8535
Keith Lasure said he had explained to Mr. Harsh information that he had received from the county. Keith said there is nothing further that can or will be done on that stretch of road. Keith said its up to the Board as to what type of maintenance the township will provide – either continue with the gravel as in the past or whatever else the Board sees fit. Todd Bosley said in the past, the township has plowed the road and kept it at a gravel status.
Todd Bosley then asked about the oil well situation. Keith Lasure said the township can make the oil well company move the fill line but as far as the tank is concerned, the township cannot do anything. It was agreed the fill line would be moved.
Todd Bosley said improving the road this year has not been planned because bids have already been submitted to the county. Mr. Bosley said there’s a possibility that someday the road could be blacktopped or at least chipped and sealed. Keith Lasure said a decision needs to be made regarding how many feet – otherwise - it’ll be on private property. Mr. Lasure said there is absolutely no way to vacate this road. The county wants no part of it. Mr. Lasure said he had told Mr. Harsh the only recommendation would be through a civil action. Mr. Bosley said the township would continue to maintain the road but at this time, there are no plans to improve it this year. The Board agreed.
1. Main objective is going from a 15” line to a 12” line down to a 4” line – no amount of water will run through a 4” line. Todd Bosley said this line is either broken or plugged in between the lines. After discussion, Mr. Bosley asked Chris if we could get the lines marked and get an excavator to look at it. More discussion followed.
Keith Lasure reported he was there last week with Nick Hammer from the Stark County Health Department and the property owner did not want to go from a 4” line to a 12” line for whatever reason and that’s where the problem is. Also, everything is on private property. Todd Bosley agreed but said the problem is coming from our crossover and line.
Chris said he and road crew member, Brad Bair,
would take a look at it and see if they can put a swale in their yard to get
some drainage through there and get it opened up. Keith Lasure said Nick Hammer feels septic
tanks are being run right into that line and he wants to do a dye test on this
property. Todd Bosley said we need to
deal with the standing water stating that Gary Connor from the
This was tabled to the next Trustees Meeting on July 27, 2006 to find out what is going on and have OUPS come in and mark the lines. Mike Lynch asked Keith Lasure to keep working on this. Discussion continued between the audience, Board, Keith Lasure and Chris Peterson.
8:00 PM - EXECUTIVE SESISON:
Since it is almost 8:00 PM, Lisa Shafer moved to go
into Executive Session at 7:55 PM with
Lisa Shafer moved to come out of Executive Session at 9:04 PM, seconded by Mike Lynch. Roll call voting: Lisa Shafer – yes, Mike Lynch- yes and Todd Bosley – yes. RES#06-220
Todd Bosley explained that at this time regarding raises for township employees, which was talked about in January 2006 and postponed until July 2006, the Board discussed and agreed to put raises on hold. He explained at this time there are a couple ‘bumps’ in the road that they need to deal with, i.e. Fire Station No. 3, and said they do not want to over-extend the budget so at this point now, they are not going to offer any raises at this time based on the fact that the Board’s main priority is to make sure that the fire department has everything it needs. When legal issues are over or if things would change this year, the Board agreed they would definitely reconsider raises again. Mr. Bosley said there might be inheritance tax that would become available.
Mr. Bosley said they truly appreciate all the employees and all that they do but at this time, they cannot do anything else until they know for certain where the township is with the legal proceedings. The Board agreed with what Mr. Bosley said adding that the township is facing some challenges at this time.
A resident in the audience asked if this included raises for the trustees. Fiscal Officer, Carlene Harmon, said State Statute sets the elected-officials’ salaries.
ROAD DEPARTMENT: (Continued)
Various Drainage Concerns: Following is a list of various drainage concerns with some discussion on each…
Dates for the Paving Program: Chris Peterson said this is currently being advertised in The Repository by the county. Bids will be opened on July 27, 2006 and he hopes to have this information so he can report on it at the July 27, 2006 Trustees Meeting.
Road Report: Lisa Shafer moved to approve the written Road Report for July 13, 2006, seconded by Mike Lynch. Roll call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes. Motion carried. RES#06-221
ZONING DEPARTMENT: (Keith Lasure)
Zoning Report for Stark
Zoning Report: Lisa Shafer moved to approve the written Zoning Report for July 13, 2006, seconded by Mike Lynch. Roll call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes. Motion carried. RES#06-223
EPA REPORT: (Keith Lasure)
Keith reported he has almost one-half of the mapping done for the EPA for the illicit water drop-offs and hopes to have it completed in the next two to three weeks.
CONCERNS OF CITIZENS:
1. Commented on the newsletter stating maybe two would be enough due to the township’s budget problems and said it should be printed on recycled paper vs. the shinny, glossy paper. Carlene Harmon said recycled paper costs more.
2. Asked about putting up signs on properties requesting a zone change – that way everyone would know and not just the few adjoining property owners who are notified by letter.
Read an article from the ‘Farm Bureau
1. Wants a list of how much has been spent on the Groffre Investments lawsuit saying the township residents have a right to know. She also wants the status of the Cassidy Extension – asked if it was on reserve status. Mr. Lynch said the Board is working very hard to remedy this lawsuit and fix the problem and everything that has been done at this location has been court order by the judge (clearing trees from Cassidy Extension). Discussion followed. It was stated that the last Board did not follow through, which put the present Board in a position where the judge placed a court order. Mr. Bosley said Russ Goffus handled the lawsuit and this lawsuit was filed before he (Todd Bosley) came into office. Mr. Bosley said terrible testimony was given and he (Bosley) personally has a lot of problems with the way things were handled. Mrs. Shafer said the insurance company has settled part of this lawsuit but what has been done recently in the area was court ordered and said those are the things Groffre Investments submitted and the judge ordered the township to comply. She continued saying there’s the other part of the lawsuit the township is involved with now (which is the appropriations case) and both she and Mike Lynch have been working on this. They’ve had executive sessions with the attorneys and met with our insurance carrier and they are looking at several different options. A dollar amount cannot be given because the township does not know what that dollar amount could be. Mrs. Shafer said the Board owes it to the residents to make this right and its unfortunate that this has even continued this way. Mrs. Huckels said it was God who put the water there - not the township and said it’s always been a flood plain. Mr. Bosley said he personally wanted this settled long ago and it wasn’t and that’s why it’s where it is today. More discussion followed.
3. Said township garage looks awful – needs mowed – said the township has an enclosed mower and on rainy days, they should be mowing.
4. Harsh property – Mrs. Huckels said at the work session, it was agreed that it’s not the responsibility of the township – said the county washed their hands of this and the county told Mr. Harsh the same thing and that’s why Mr. Harsh is after the township to do something. She said the township should not be maintaining his driveway and should not do any other work at this location. Mr. Bosley reminded Mrs. Huckels she was well over the five-minute limit to speak.
5. Mrs. Huckels then continued stating people should be putting in dry wells and the township should not be going on people’s property.
6. Spoke on Maplegrove and why it floods and said the ditches need to be cleaned and said this area also needs mowed. She continued saying the trustees need to get rid of some of the ‘fluff’, i.e. quit spending money, insurance premiums should have a larger co-pay, abolish longevity pay, no benefits for part time employees and accountability for all spending in all departments – large or small – and if this was done, the township wouldn’t be so broke.
At this time, Mr. Bosley addressed Linda Shier and Terri Huckels stating he honestly appreciates their attending the meetings but he has a problem (been in office 2 ˝ years) and they have attended every meeting and stand up and address terrible, horrible things, i.e. Linda just now accusing him of a conflict of interest and said the attorney is the same attorney that came and represented Russ Goffus regarding the truck incident. Mr. Bosley continued by saying he likes the fact that Mrs. Shier and Mrs. Huckels are actively involved in the township and meetings, but they get up at every meeting and point out all the bad things. Mrs. Shier interrupted and said that Mr. Bosley creates the problems. Mr. Bosley said neither one of them ever call him with any problems. Mrs. Shier said she doesn’t have to call him and maybe she calls the other trustees. Mr. Bosley continued and a heated discussion broke out between Mrs. Shier, Mrs. Huckels and Mr. Bosley.
Lisa Shafer then said when she and Mike Lynch took office, there were a lot of people, not just Linda and Terri, and it didn’t matter if they did something good or bad, the attitude was that the ‘plague’ was here. Mrs. Shafer continued by saying they want to move the township forward – not backward – and the same issues are brought up over and over meeting after meeting. Problems are not solved over night. Mrs. Shafer said she couldn’t speak on things that happened in the past from the previous Boards but said she has a passion to do this job and that’s why she took out a petition. She said she wants to make a positive difference, wants a strategic plan and wants to see the road department move in the right direction. Mrs. Shafer then spoke on possibly doing four newsletters this year stating it’s a good way to communicate to the public and keep them informed. She commented that everything in the newspapers is not factual and not everything you hear is factual. She said the Board wants Mrs. Shier and Mrs. Huckels at the meetings and they want their input but they need to help to move forward. More discussion followed and Mrs. Shier then stated that it’s her goal to run against Mr. Bosley in the next Trustees’ election. Mr. Bosley responded by saying now he knows her motivation. Much more discussion followed.
CONCERNS OF TRUSTEES: (Todd D. Bosley, Lisa R. Shafer, Michael L. Lynch)
Street Light at Corner of Shilling & Easton – Orlando Chiarucci – 8436 Easton: Mike Lynch reported that Mr. Chiarucci contacted him regarding the township paying the electric bill for the light he installed at the corner of Shilling & Easton. After discussion, it was the Board’s decision that this is something the township would not be able to do.
Groffre Lawsuit – Estimates to Survey a Parcel of Land: Two bids were received for a boundary survey for 3766 Tulane, parcel #3301128, to locate and provide a legal description for easements relating to underground drainage lines for the area along the north roadway for the above mentioned address and parcel number. The surveyor would have to create it and stake it and provide the legal description and the attorneys would have to accompany the surveyor when the actual survey is done. One bid is from Buckeye Surveying Services for an estimated cost of $4,900.00 and the other one is from Akins Surveying for a total cost of $3,500.00. Bids were also requested from Dave Broemson with Broemson Surveying and Hinton Surveying Services; however, they said they were not able to give a quote at this time.
After discussion, Lisa Shafer moved to retain Robert Akins to survey this parcel of land in the Groffre lawsuit at a cost of $3,500.00, seconded by Mike Lynch. Roll call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – abstained. Motion carried. RES#06-224
Mike Lynch added that this is something our attorney said we have to do.
Francesca Ditch Project: After discussion, Chris Peterson said we do have the updated drawings from the county. Mike Lynch said some of the residents want this project to go forward, some do not and some do want it but don’t have the money but overall, the residents want this project to go forward. Superintendent Peterson said he and Brad Bair looked at the area after the last rain and if everyone had the same size culvert, the water would flow fine. Each resident would need approximately 30’ of 18” pipe. Mr. Bosley asked Peterson to give Gary Connor a call and see what he thinks and table this to the July 27th Trustees’ meeting.
Fire Levy: After discussion, Lisa Shafer moved to approve placing an additional 2 Mil Fire Levy on the November 2006 ballot, seconded by Mike Lynch. Roll call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes. Motion carried. RES#06-225
Raising Money for the Balloon Liftoff: As discussed earlier,
Mike Lynch added a fundraiser would be put together. He said his business (Ermanno’s Pizza) would
offer some type of prize for a raffle and he’s in the process of soliciting
other township businesses to help raise money.
Mr. Lynch asked Chief Peterson to look into a dunking booth. Peterson said it costs $173.00 to rent a
booth for the day. Mr. Bosley said he
would see what his business (
If anyone would like to donate something for the raffle, please call the township office at 330-875-9924.
APPROVAL OF MINUTES:
Lisa Shafer moved to approve the written Minutes from the two Special Meetings on July 5, 2006, seconded by Mike Lynch. Roll call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – abstained because he was not present for one of the special meetings. Motion carried. RES#06-226
CONCERNS OF THE FISCAL OFFICER: (Carlene Harmon)
Release Road Bond #14034433: Mrs. Harmon said Chris looked at this and explained this bond is from November 2004 for work that has been completed on Maplegrove. Lisa Shafer moved to release road bond #14034433 from November 2004, seconded by Mike Lynch. Roll call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes. Motion carried. RES#06-227
Fire Station No. 3 Deficit: Mrs. Harmon said she did take the Chief’s recommendation that she delete the money she felt we would be short from the EMS Fund and revised the PERS numbers. Mrs. Harmon said she would continually change these figures as money is spent. Right now, the deficit is $154,930.00, which includes the new tower. Mrs. Harmon said if we don’t get any more contracts, she would have to add another extra $33,000.00 to it. Discussion followed.
APPROVE ALL PURCHASE ORDERS:
Lisa Shafer moved to approve all purchase orders, seconded by Mike Lynch. Roll call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes. Motion carried. RES#06-228
APPROVE FINANCIAL REPORT AND PAY BILLS:
Lisa Shafer moved to approve the financial report and pay bills in the amount of $70,655.93, seconded by Mike Lynch. Roll call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes. Motion carried. RES#06-229
SIGN CHECKS AND ADJOURN:
Lisa Shafer moved to sign checks and adjourn, seconded by Mike Lynch. Roll call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes. Motion carried. RES#06-230
The meeting adjourned at 10:45 PM.
Attest: Fiscal Officer Todd D. Bosley, President
Lisa R. Shafer, Vice President
Michael L. Lynch, Trustee