Nimishillen Township Board of Trustees

November 9, 2006


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On Thursday, November 9, 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.


Due to the lateness of President Todd Bosley and Fire Chief Rich Peterson, the regular meeting was called to order at 7:04 PM by Vice President Lisa R. Shafer who led the staff and audience in the pledge of allegiance.


INVOCATION: Trustee Mike Lynch gave the invocation.


ROAD DEPARTMENT: (Chris Peterson)


Permits: Chris Peterson stated he submitted Commercial and Residential Road Opening Permits and Driveway Apron Installation Regulations to Sharon Miller at the Stark County Prosecutor’s Office for approval.  Assistant Prosecutor, Ross Rhodes, sent the forms back with a letter stating with the revisions he noted on the forms, the forms are approved as to form and legal sufficiency.


Drainage Surveys: Chris Peterson spoke to Stark County Engineer, Gary Connor, and said he should have all of our drainage surveys by next Monday (11/13).  Peterson stated he has a meeting with Gary Connor to look at an issue on Bentler and Wisner and said they would be going over drawings for Holderman, Apple and Maplegrove.  Mr. Connor said Apple would have been done but the plans were drawn up incorrectly and had to be re-done.


Paving Program: Mr. Peterson said earlier this year, it had been agreed to spend $221,295.35 for township paving.  The actual cost was $151,948.63, which was a savings to the township of $69,346.72.  This was for California, Fruitland South off of 153, Radalia Allotment and Sunland off of Broadway.


Trustee Lynch asked Peterson to explain what happened with the chip and seal program.  Peterson said the engineer’s office did not include chip and seal in their plans this year.  Peterson said he did not receive notification that they were not including that part with the paving program.  Peterson said when it originally went out, it was for both and was told they would do both chip and seal and paving but they only went for the paving part stating they (the county) only had money to do strictly all paving so it was all bid for paving and not chip and seal.


Trustee Shafer asked if the savings to the township was the chip and seal portion.  Peterson said no – the original cost was just for asphalt.  Trustee Lynch asked if this was just a misunderstanding between the county and us.  Peterson explained he never received notification that they weren’t doing chip and seal and stated he submitted roads for paving and for chip and seal and when the county sent it back, it was all for paving because the county didn’t have the money this year for both.  More discussion followed.


Road Reports: Due to the cancellation of the October 26th Trustees Meeting, Lisa Shafer moved to approve the written Road Reports for October 26th and November 9th, 2006, seconded by Mike Lynch.  Roll call voting:  Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes.  MOTION CARRIED.


FIRE DEPARTMENT: (Chief Rich Peterson)


Update on Motorola Equipment Installation: Chief Peterson stated they have started to assemble and install the dispatching portion of the radio equipment.  He stated he spoke with Positron this afternoon, and they will be contacting us either tomorrow (11/10) or Monday (11/13) to set up a meeting for the township.  Chief Peterson said he would like to have at least one trustee in attendance.




Approve Bid to Clean Up 5610 Louisville Street ($3,800.00): Zoning Inspector, Keith Lasure, stated we received only one (1) bid for the clean up of 5610 Louisville Street in the amount of $3,800.00.  Lasure explained due to possible additional costs that might be incurred, he would like a resolution to approve $5,000.00 instead of the quoted $3,800.00. (See attached bid)


After much discussion, Mike Lynch moved to accept the bid not to exceed $4,000.00 to clean up the property at 5610 Louisville Street, seconded by Todd Bosley.  Roll call voting: Mike Lynch, yes, Todd Bosley – yes and Lisa Shafer – Abstained.  MOTION CARRIED.


Mike Lynch amended Res. #06-328 to have the cost incurred by the township to be put on the individual owner’s tax bill at 5610 Louisville Street, seconded by Todd Bosley.  Roll call voting: Mike Lynch – yes, Todd Bosley – yes and Lisa Shafer – Abstained.  MOTION CARRIED.


Meeting with Zoning Board of Appeals, Zoning Commission, Trustees, Zoning Inspector and Township Secretary: Lasure stated a meeting has been set for Monday, November 27th, 2006 at 7:00 PM at the township hall to discuss proposed amendments by RPC to be added to the Nimishillen Township Zoning Resolution.  Lasure said he would call Reva Butera with RPC and Stark County Prosecutor, Sharon Miller, to see if they can also attend this meeting.


Zoning Report for Stark County Auditor: Lisa Shafer moved to approve the October 2006 Zoning Report for the Stark County Auditor, seconded by Mike Lynch. Roll call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes.  MOTION CARRIED.


Zoning Reports: Due to the cancellation of the October 26th, 2006 Trustees Meeting, Lisa Shafer moved to approve the written Zoning Reports for October 26th and November 9th, 2006, seconded by Mike Lynch.  Roll call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes.  MOTION CARRIED.




Transfers per Res. #06-015:


October 27, 2006: $2,000 from 10-A-10 Repairs to 10-A-09 Supplies; $1,500 from 10-A-08

Tools & Equip. to 10-A-15 Other Expenses; $799.78 from 10-A-06A New Building & Equip.

to 10-A-15 Other Expenses; $500 from 10-A-15A Other Expenses-Medicare to 10-A-15

Other Expenses; $800 from 28-A-05 Tools & Equip. to 28-A-09 Other Expenses


            November 4, 2006: $75,000 from 10-A-06 New Buildings & Equip. to 10-A-01 Salaries;

$5,000 from 10-A-06 New Buildings & Equip. to 10-A-09 Supplies; $5,000 from 10-A-06 New

Buildings & Equipment to 10-A-10 Repairs


Payment of $20,000 for the Fairhope Ditch Project: Due to several residents who are still not satisfied, payment of the $20,000 was tabled to the next meeting on Monday, November 20th, 2006.


Resident Tom Phillips of 5363 Lesh Street stepped to the podium and stated he sent his bill to the township office for repairs to his yard at a very fair price.  Mr. Phillips said he agreed with signing off but he did not sign the work release because it was a blank form and his family has gone through this with the county before with a detailed sign off sheet and he never did receive restitution for damages he incurred.  He sated there are damages including rocks in his yard, they broke his daughter’s swing set and tore up a family pet grave.  This happened because they didn’t know those objects were there.  Mr. Phillips said had he signed the release form, he would have certainly taken care of these issues but Mr. Phillips did not plan on them coming through his yard.  At the suggestion of the Trustees, Mr. Phillips called Nickels Excavating, County Commissioners and CT Consultants.  He said he knows the township is holding funds towards this project and promised they wouldn’t pay until all residents were satisfied.  He said he’s written letters and he’s getting sidestepped.  CT Consultants compiled a list of residents with complaints and was told these complaints were going to be addressed.  Mr. Phillips said he put together a very fair price and if it’s not taken care of, he will file a lawsuit against the county if he has to.  Discussion followed.


Lisa Shafer then read a letter the township received from Jeff Dutton.  (See attached)  Todd Bosley said he would call Mr. Dutton at the County Commissioners.


Consequences of Fire Levy Failure: Ms. Harmon said she noticed Trustee Lynch also has this on the agenda to set up a work session with the fiscal officer, trustees and fire department personnel to discuss the future finances of the fire department.  Ms. Harmon would like for just her and Rich to meet so they can put together a presentation for the Board at the next trustees’ meeting.  This was tabled until the November 20th meeting.  Mike Lynch said the levy has failed three times and they need to explore their options and move forward as best they can.


Mike Lynch congratulated Todd Bosley on winning the seat for Stark County Commissioner.  Bosley received a round of applause.




Terri Huckels of 8730 Easton commented on the millions of dollars wasted on all campaigns stating the money would be better spent to feed and clothe people, said the trustees alone are responsible for the township’s financial mess, commented on the trustees article in the newsletter, commented on the formation of the Citizen Advisory Committee, levies, debt of the township, employee medical insurance and asked why the October 26th meeting was cancelled.  Discussion followed.


Bill Blackmer of 3505 Maplegrove stated taxes are a way of life, asked about the drainage ditch on Maplegrove, Apple, etc. that the county is going to do.  Chris Peterson explained Mr. Blackmer is talking about the surveys regarding the floods back in March and April.  The county is going to replace bad pipes.  Culverts that are too small will be replaced on Maplegrove.  Mr. Blackmer then talked about his backyard flooding every time it rains and believes the township is responsible because the township installed the culvert.  Todd Bosley explained that Mr. Blackmer has an off-road drainage problem.  Bosley said he’ll talk to the commissioners about it but there’s nothing the Board of Trustees can do.  Discussion followed. 


Terri Fidelholtz of 2828 Ravenna wanted Terri Huckels to explain what she meant about the campaign money.  Todd Bosley explained it to Ms. Fidelholtz.


Tom Sivy of 6808 Shilling commented on money the road department saved this year and asked what happens to that money.  Chris Peterson explained.  Mr. Sivy asked about the issue of safety and wanted to know why the railroad crossing signs have not been painted this year.  Chris said he would take care of it Monday.  Mr. Sivy spoke about littering signs stating he’s tired of people throwing trash on his property.  Todd Bosley asked Chris to call the county engineers Monday about litter control signs and to also call the Sheriff’s Department.  Chris suggested Mr. Sivy call the Litter Division at the Stark County Sheriff’s Department as well.  Mr. Sivy also asked about the person who died in Perry Township and asked if Station #3 was occupied. Chief Peterson said yes, Station #3 is occupied.  Chief Peterson then explained the dispatch system was set up under the fire department because there’s a certain degree of immunity.  If it was set up as a division of the township under a civilian set up, they would have had more liability.  The fire department is protected – you have to be gross negligent and Rich said there is probably more liability in their everyday responses to calls and patient care.  He continued stating if it’s an accidental occurrence, everybody makes mistakes and because of their line of work, there is legislation that protects them.  He said they investigated this particular call with Perry Township Fire Department and produced the information and there was no fault to the township.  He explained there was an equipment problem and no one is sure on whose side.  The fire chief was satisfied, the Board of Trustees was satisfied and the family was satisfied.  Chief Peterson said our insurance company and the prosecutor’s office developed the contracts with all the municipalities and there are hold harmless agreements in the contracts.  Chief Peterson said we are protected and our insurance company is going to stand behind us and added that there is no additional premium for this.


8:00 PM:


Todd Bosley excused the Louisville High School Government Class students, and the elected officials signed their papers.




Todd Bosley introduced Mike Stewart from Paris Township.  Mr. Stewart talked about the township forming a crime watch program.  The crime watch Program is set up through the Stark County Prosecutor’s Office and the Sheriff’s Department.  If anyone is interested in starting a neighborhood crime watch, please call the township office at 330-875-9924 or Todd Bosley at 330-453-0285.  Mike Lynch said he would also do what he could to help.


Before moving on, Todd Bosley thanked each and very person who helped him get elected as Stark County Commissioner stating he truly appreciates all the help he received.


Mr. Bosley then explained the process of his resignation as trustee and said he hopes to resign sometime early December so the person replacing him would be able to have a couple meetings to get some experience before the budget part of the year begins.


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CONCERNS OF TRUSTEES: (Todd D. Bosley, Lisa R. Shafer and Michael L. Lynch)


Offices Closed Friday, November 10th, 2006: The administrative office, zoning department and road department will be closed Friday, November 10th, in observance of Veteran’s Day.


Next Trustees’ Meeting: Mr. Bosley reminded everyone that due to Thanksgiving, the next Trustees’ Meeting would be held on Monday, November 20th, 2006 at 7:00 PM at the Township Hall.





Township Newsletter: Todd Bosley reported the newsletter was tabled from the October 12th meeting.  The Board was to decide how often the township would do a newsletter and asked Mike and Lisa for their input.  Lisa Shafer stated there have been about five to eight responses from residents and wants to give residents a little more time to respond.  This was tabled until the next meeting on November 20th.




Inventory: Township Secretary, Sharon Shaub, reminded all department heads inventory is due to her no later than January 3rd, 2007.




Lisa Shafer moved to approve the written minutes for October 12th and November 1st, 2006, seconded by Mike Lynch. Roll call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes.  MOTION CARRIED.




Lisa Shafer moved to approve all purchase orders, financial report and pay bills in the amount of $54,518.40, seconded by Mike Lynch.  Roll call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes.  MOTION CARRIED.




Lisa Shafer moved to go into executive session at 8:24 PM to discuss road department personnel issues, seconded by Mike Lynch.  Roll call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes.  MOTION CARRIED.


Lisa Shafer moved to come out of executive session at 9:26 PM, seconded by Mike Lynch.  Roll call voting:  Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes.  MOTION CARRIED.


Todd Bosley explained they went into Executive Session to discuss road personnel and opened the floor for discussion.  Trustee Shafer and Lynch both said they stated their opinion in Executive Session.  Shafer stated the Board needs to make a decision about Chris Peterson as Road Superintendent and stated he is currently on probation as Road Superintendent.  Ms. Shafer said this was discussed at length and they each have their own thoughts about it.


Trustee Bosley stated he thinks Chris has done a very good job.  Bosley stated he knows there are a few management issues that need to be addressed but from personal experience, Bosley said Chris has handled every concern and request that he has given him and thinks he’s doing a good job.  Bosley stated he’s in favor of keeping Chris and hiring him on as road superintendent.


Trustee Lynch stated he really likes Chris and thinks he’s a good person, but with that being said, there have been a lot of issues.  Lynch said he’s put a lot of time and thought into this, but he doesn’t think Chris is the right man for the job.


Trustee Shafer stated at a past meeting when Chris’ probation was extended for another 90-days, she was against it.  Ms. Shafer said her decision still stands and doesn’t feel Chris is the appropriate person for road superintendent.  She said it was a very hard decision to make.


Trustee Bosley said Chris feels if he had some management classes, he would be able to solve some of the personnel issues.  Bosley asked the Board if they would consider this.  Lynch said if Chris would have brought this to his attention a month to month and a half ago, maybe, but the fact is Chris didn’t show up for three meetings to discuss it.


Trustee Bosley said Chris had notified them that he was going to be absent for one of the meetings.  Lynch said he’s not questioning Chris’ reasons but stated the bottom line is he feels it’s too late to consider management classes.

Trustee Shafer said everything has been discussed at length with Chris and she feels this should not be prolonged any longer.  She said Chris knows what each of the trustees have said and knows their feelings.  Shafer said she feels there’s been more than ample time to correct the situation and unfortunately, that has not occurred.  Shafer said she wishes Chris no ill will but feels he’s not the person to fill the road superintendent position.


With no further discussion, Lisa Shafer moved, effective immediately, to terminate Chris Peterson as road superintendent, seconded by Mike Lynch.  Roll call voting:  Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – no.  MOTION CARRIED.


Todd Bosley thanked Chris for his service to the township.


Lisa Shafer said in the interim, Mike Lynch will handle all road department issues and calls.




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.


The meeting adjourned at 9:30 PM.



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______________________________                           __________________________________

Attest:       Fiscal Officer                                         Todd D. Bosley, Trustee President

                 Carlene Harmon






                                                                               Lisa R. Shafer, Trustee Vice President






                                                                              Michael L. Lynch, Trustee