Thursday, June 8, 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.
INVOCATION: Trustee Lynch gave the invocation.
Attorney Allen Schulman and Attorney Jim Robertson - Legal Issues regarding Fire Station No. 3: The attorneys gave an update on the unacceptable construction delays at Fire Station No. 3. The date of completion should have been December 15th, 2005. It was explained there were four different contractors stating General Contractor, R. P. Babik, is responsible for the scheduling of the contract work, i.e., everything except plumbing, electrical and HVAC. The attorneys said the township residents should be proud of Fire Chief R. Peterson and the three trustees stating the delays have nothing to do with the Board of Trustees or Chief Peterson.
Several problems regarding this project were discussed. The attorneys are in the process of prioritizing these problems stating the existing problems will be handled as expeditiously and as quickly as possible in the most economical way.
Final notices were given to the contractors for unfinished or faulty work. It is up to the Board of Trustees to determine if the contracts will be terminated and other contractors hired to finish the job.
Questions, answers and discussion followed.
continuing with the Fire Department, Trustee Lisa Shafer addressed the recent
issue of wood removal from the Jeffries property. She explained she was working on site. The excavator had removed some trees in that
area and offered several surrounding residents the wood from the trees so he
would not have to haul it away himself.
The excavator also offered the wood to Mrs. Shafer’s husband’s company
so they took the wood to their home.
There was no cost involved. Mrs.
Shafer said it was brought to her attention by one of the media that some
township residents had contacted the media.
After talking to the person from the media, Mrs. Shafer sought advice
During discussion, it was stated that several residents called the township office asking about the wood. Trustee Lynch explained a call came in while he was having a meeting with the office staff and he said it was okay for the unknown resident to come and take it.
Resident Donna Fuller stepped to the podium and questioned the taking of the wood. During discussion, it was told that Russ Goffus came and took some. It was explained that Mr. Goffus
June 8, 2006 (Cont.)
had called the office the next morning and asked about the wood and was told it was okay for him to take some. More discussion followed.
FIRE DEPARTMENT: (Chief Rich Peterson)
Change in Trash Removal Companies: Chief Peterson reported they are now using Metro Disposal instead of Republic Waste Services. With Metro, they are getting three two-yard dumpsters for less than what they were paying for two for a savings of $20.00 a month.
Additional Architectural Fees: Architect, Tom Klingensmith, has expressed concern because technically their contract ended December 15th, 2005 resulting in additional hours and time. Chief Peterson will have Mr. Klingensmith attend the June 22nd, 2006 Trustees Meeting and submit a proposal to the Board.
House for Fire Station No. 3: Even though Station No. 3 is not yet occupied, a
date of August 13th was set for the open house. Time and details will be determined
later. Trustee Lynch said the
Rehire Firefighter/Paramedic Jason Marshall: Mr. Lynch moved to rehire Firefighter/Paramedic Jason Marshall, seconded by Mrs. Shafer. Roll call voting went as follows: Mr. Lynch – yes, Mrs. Shafer – yes and Mr. Bosley – yes. Motion carried. RES#06-178
Mike Wrobel: Chief Peterson asked the Board to approve the resignation, effective
June 15, 2006, of Mike Wrobel stating he is moving to
Mr. Lynch moved to regretfully accept the resignation of Lt. Mike Wrobel, effective June 15th, seconded by Mrs. Shafer. Roll call voting went as follows: Mr. Lynch – yes, Mrs. Shafer – yes and Mr. Bosley – yes. Motion carried. RES#06-179
ROAD DEPARTMENT: (Superintendent Chris Peterson)
Pressure Pump: Road Superintendent, Chris Peterson, said a low volume, high-pressure pump to put in the back of one of the township trucks would cost $5,200.00, which would be used to blow out pipe for culvert/crossover work. Since this was the first time Mr. Bosley had heard about this and after some discussion, the Board agreed they wanted time to think about it and make a decision in the near future.
Road Report: Mrs. Shafer moved to approve the Road Report for June 8, 2006, as written, seconded by Mr. Lynch. Roll call voting went as follows: Mrs. Shafer – yes, Mr. Lynch – yes and Mr. Bosley – yes. Motion carried. RES#06-180
June 8, 2006 (Cont.)
moved to enter into agreement with the
ZONING DEPARTMENT: (Keith Lasure)
Zoning Report: Mrs. Shafer moved to approve the Zoning Report for June 8, 2006, as written, seconded by Mr. Lynch. Roll call voting went as follows: Mrs. Shafer – yes, Mr. Lynch – yes and Mr. Bosley – yes. Motion carried. RES#06-182
CONCERNS OF CITIZENS:
Tom Phillips of 5363 Lesh stepped to the podium and commented on:
The hearing for outdoor wood burning furnaces was held. Since the Board of Trustees has twenty (20) days to make a decision and after a very lengthy discussion and questions and concerns from residents, the Board agreed to take advantage of the twenty (20) days and to ‘continue’ tonight’s hearing regarding the proposed amendment on Outdoor Wood Burning Furnaces until the next Trustees’ Meeting on June 8, 2006.
The biggest concern was a yearly fee to be charged to residents and residents in R-1 not being treated the same as residents in R-R.
The Board agreed to take a five-minute recess. Mr. Lynch moved for a five-minute recess, seconded by Mrs. Shafer. Roll call voting went as follows: Mr. Lynch – yes, Mrs. Shafer – yes and Mr. Bosley – yes. Motion carried. RES#06-183
After the five-minute recess, there was a ‘slight’ problem with the CD recorder. Even though it looked like it was recording, i.e., the counter was counting down as if it was recording, the remainder of the 2nd CD is blank. From notes and memory, the written minutes will reflect what was not recorded.
June 8, 2006 (Cont.)
The following three bids were received:
The Board agreed to have Superintendent C. Peterson go over the bids and the trustees will award it later this evening.
CONCERNS OF CITIZENS (Cont.):
Dennis Brown of 4174 Homeland stepped to the podium and asked about Groffre and a buffer between residential areas and industrial sites. Discussion followed.
Phillips of 5363 Lesh stepped to the podium again and spoke on the
CONCERNS OF TRUSTEES:
3393 Maplegrove Pipe Project: The creek/ditch (outlet from the crossover) is causing Denise Fishel’s property located at 3393 Maplegrove to erode and wash away. The problem is this is both on and off road. She said she called Stark Soil & Water but they were of no help whatsoever. Ms. Fishel said she would purchase the pipe if the township would put it in. After discussion, Mr. Lasure said he would call the prosecutor for an opinion and Mr. Bosley said he would talk to the engineers again to see what could be done. This was tabled unit the next Trustees Meeting on June 22nd.
Adopt Stark County Natural Hazards Mitigation Plan: After explaining the necessity and importance for the township to adopt the Mitigation Plan, Mrs. Shafer moved for Nimishillen Township, effective June 8, 2006, to pass the following resolution adopting the Stark County Mitigation Plan as submitted to the Township Board and therefore be it resolved by the Board of Nimishillen Township Trustees that the County-wide All Natural Hazards Mitigation Plan is hereby adopted as the official plan of Nimishillen Township, seconded by Mr. Lynch. Roll call voting went as follows: Mrs. Shafer – yes, Mr. Lynch – yes and Mr. Bosley – yes. Motion carried. RES#06-184
Grover Street Improvements: Superintendent
Peterson and Trustee Lynch met with Ken Carter at the
Mr. Bosley said there are two issues:
June 8, 2006 (Cont.)
The question is do we do something with the crossover? After discussion, the Board requested Peterson get prices. This was tabled until the next Trustees Meeting on June 22nd.
Price for Guardrail on Lesh: Superintendent Peterson reported the County is aware that a guardrail is needed and they will put it on their schedule and put up a guardrail at no charge.
Award Bid for Kathryn Project: Superintendent Peterson said Lewis and Baughman bid on pipe only and Marlboro bid on the whole job. Peterson’s recommendation to the Board was to go with Marlboro Supply since they bid the whole job and because they are local, it would avoid having to drive to Lisbon or Paulding to get extra supplies, if needed. Marlboro will deliver on site.
Mrs. Shafer moved to approve Marlboro Supply for the
APPROVAL OF MINUTES:
Mrs. Shafer moved to approve the Minutes for May 25, 2006, as written, seconded by Mr. Lynch. Roll call voting went as follows: Mrs. Shafer – yes, Mr. Lynch – yes and Mr. Bosley – yes. Motion carried. RES#06-186
CONCERNS OF THE FISCAL OFFICER:
Transfers per Res. #06-015: May 31, 2006: $1,498.99 was transferred from 10-A-03 Fire WC to 10-A-15 Other Expenses.
Resolution for Purchase of Office Supplies: Mrs. Harmon explained there is a Resolution on the books to buy recycled products; however, recycled products are sometimes more expensive.
Mrs. Shafer moved to purchase office supplies at the lowest and best price, seconded by Mr. Lynch. Roll call voting went as follows: Mrs. Shafer – yes, Mr. Lynch- yes and Mr. Bosley – yes. Motion carried. RES#06-187
APPROVE ALL PURCHASE ORDERS:
Mrs. Shafer moved to approve all Purchase Orders, seconded by Mr. Lynch. Roll call voting went as follows: Mrs. Shafer – yes, Mr. Lynch – yes and Mr. Bosley – yes. Motion carried. RES#06-188
APPROVE FINANCIAL REPORT AND PAY BILLS:
Mrs. Shafer moved to approve the Financial Report and pay bills in the amount of $24,189.04, seconded by Mr. Lynch. Roll call voting went as follows: Mrs. Shafer – yes, Mr. Lynch – yes and Mr. Bosley – yes. Motion carried. RES#06-189
SIGN CHECKS AND ADJOURN:
Mrs. Shafer moved to sign checks and adjourn, seconded by Mr. Lynch. Roll call voting went as follows: Mrs. Shafer – yes, Mr. Lynch – yes and Mr. Bosley – yes. Motion carried. RES#06-190
The meeting adjourned at 9:45 PM.
June 8, 2006 (Cont.)
Attest: Fiscal Officer Todd D. Bosley, President
Lisa R. Shafer, Vice President
Michael L. Lynch, Trustee