Nimishillen Township Board of Trustees

May 25, 2006

 On Thursday, May 25, 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.


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.


FIRE DEPARTMENT: (Chief Rich Peterson)


Station #3 Update: Chief Peterson reported the fitness equipment is in and the shower doors were installed.   There’s a seepage leak in the sewer line.  A company will have to do a pressure test.  Peterson reported part of the facility will be occupied but there is still the water problem in the AP Vault and options were discussed on how to fix it.


Our attorney suggested we contact Jeannie Sacconi at Leonard Insurance and submit a claim for the transfer switch but Peterson wanted to discuss this with the Board first.  After discussion, Mr. Bosley felt it would be best to call Jeannie Sacconi and let her know what is going on and ask her opinion on this but not to file a claim at this point.  The Board agreed.


Mr. Bosley said he spoke to our attorney today and the three-day notice would be issued.  More discussion followed.


Mr. Bosley assured everyone that Station #3 is a good project but the contactors have not completed some things.  None of it is the township’s fault.  Peterson gave the Board a copy of the final punch list and discussion followed.


Septic System @ Station #2: The septic system at Station #2 needs repaired or updated.  Mr. Bosley’s company has been pumping it for a long time at no charge to the township.  The Health Department has been out and the system failed inspection.  Discussion followed and the Board agreed to have the Chief go ahead and do what is necessary.


Parking Lots at Station #1 & 2: Station #1 & 2 parking lots need to be resurfaced.  Discussion followed.  The Board asked Chief Peterson to check on prices.


Thanks to Kehl’s Florist: Chief Peterson thanked Kehl’s Florist for their generosity for donating 100 plus flowers/plants to Stations 1, 2 & 3. 


ROAD DEPARTMENT: (Superintendent Chris Peterson)


Award Road Materials Bid: After discussion, Mr. Lynch moved to award the 2006 Road Material Bids with prices good June 1, 2006 to June 1, 2007 – LaFarge - limestone, Central Allied - gravel, Hughes Contracting - oil and Central Allied - concrete with Mr. Bosley clarifying the Resolution (see attached), seconded by Mrs. Shafer.  Voting:  Mr. Lynch – yes, Mrs. Shafer – yes and Mr. Bosley – yes.  Motion carried.  RES#06-169




Nimishillen Township Board of Trustees


May 25, 2006 (Cont.)


Chris reported: Pilot View Circle is done, culvert was replaced at Sunnyside and Addison is underway.  The road crew has been doing some mowing on/off over the past couple weeks.  He talked with Brian Wise from Stark County Engineers regarding S. Nickelplate.  Peterson reported the crew dug up a section of California, which was full of slag or ‘bug dust’ and said they took out two dump truck loads and filled it with gravel.  Discussion followed.


ZONING DEPARTMENT: (Zoning Inspector Keith Lasure)


Zoning Report: Mrs. Shafer moved to approve the Zoning Report for May 25, 2005, as written, seconded by Mr. Lynch.  Voting: Mrs. Shafer – yes, Mr. Lynch – yes and Mr. Bosley – yes.  Motion carried.  RES#06-170


Fairhope Ditch Project: Mr. Lasure reported he contacted Mr. Nickel with Nickel Excavating and said they were there mulching and grinding trees.  Discussion followed.


Francesca Project: Mr. Lasure contacted Roger DeVille about cleaning up an area and taking out debris.  They said they would grind the wood and mow the lots.




Mr. Lasure reported he called the Health Department to test some white fluid in the Fairhope Ditch.  He said it would cost approximately $1,000.00 and would have to be sent to Cincinnati.  The Health Department does not have the equipment to do testing.  Discussion followed.




  • Linda Shier of 8710 Easton commented on the following:
    1. Poor ditching job on Shilling and talked about the Francesca project expressing her concern regarding the road department’s lack of experience.  Mr. Bosley explained before we do any project, OUPS marks everything and no gas lines have been hit this year.  Superintendent Peterson said Jamie has been with the road department for nine years and Dan has been here over 18 years.  Brad has 20+ years experience with the backhoe.  Discussion followed.
    2. Replacing culverts for residents stating there should be a list of three or four contractors to give to residents.  It was explained we do have a list of contractors and discussion followed.


  • Vicki & Dale Herbert of 7595 Ravenna commented on:

1.      Outdoor Wood Burning Furnaces – wanted the procedure clarified as to what has taken place up to this point.  Mrs. Shafer explained the Board of Trustees has not approved anything yet.  This case will be heard at the June 8th Trustees Meeting for final approval or denial.  Keith explained the process thus far.  Fees were also discussed.  More discussion followed.


  • Terri Huckels of 8730 Easton commented on:
    1. The bank at Nickelplate and Shilling being cut back several years ago to make the traffic more visible and the recent ditching job stating Linda Shire was correct in what she said.  Discussion followed.


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


Response from Prosecutor Regarding Chris Peterson Conflict of Interest: Mr. Bosley read the response from Stark County Assistant Prosecutor, Sharon Miller, and said copies are available to the public.

Nimishillen Township Board of Trustees


May 25, 2006 (Cont.)


Grover Street Improvements: Mr. Bosley said this situation was brought before the Board previously and a decision needs to be made.  Unity and Timber are on the list for blacktopping this year.  Mr. Lasure explained the background on Grover Street.  After discussion, the Board agreed they would all look at the situation, talk to Mr. Owen Carper and report back at the next meeting on June 8th.


Hiring of Tree Service Company to Clear Right of Way on Cassidy per Judges Order on Groffre Lawsuit: Mr. Lynch moved to authorize Road Superintendent, Chris Peterson, to accept the best and lowest bid to perform the clearing of the road right of way on Cassidy, seconded by Mrs. Shafer.  Voting: Mr. Lynch – yes, Mrs. Shafer – yes and Mr. Bosley – abstained.  Motion carried.  RES#06-171


Arrangements for Hosting the SCTA Meeting June 15th: Mr. Lynch reported Nimishillen Township would be hosting the SCTA Meeting June 15th at the Nimishillen Grange.  Discussion was held as to who the speaker would be and on providing food.


Northlawn/Eastlawn Curve: Mrs. Shafer received a call from a resident requesting a stop sign be placed at that location; however, Scott Ganyard with Stark County Engineer Traffic Dept. said that unless that street would go through and since it’s just basically a curve, they would not put a stop sign there.  Mr. Ganyard suggested our road department put up a ‘curve approaching’ sign on both sides.  After discussion, the Board agreed to have Mr. C. Peterson put a ‘Curve Ahead’ sign or ‘Slow – Curve Ahead’ sign at this location.


Culvert Concerns within the Township: Mrs. Shafer showed pictures of various places with culvert/ditch concerns, i.e. Apple, Eastlawn.  Discussion followed.


Discussion was also held on driveway installation regulations and culvert regulations. 


Update on Praxair Site: Mrs. Shafer reported the building across from Jeffries will be tore down sometime mid June and that she and Mr. Lasure are working on this together.  Mr. Fred Booth was also contacted.


Fairhope Ditch Project/Commissioner Regula: Mrs. Shafer spoke to Commissioner Regula regarding the problem with residents’ yards.  Commissioner Regula said he is willing to look at people’s yards and their concerns but feels you can’t make everyone happy all the time.  Mrs. Shafer said these residents have ‘before’ and ‘after’ pictures.  Commissioner Regula asked for a list of complaints and Mrs. Shafer said she’d send him a list.  She told him the township would not pay the $20,000.00 that the township had set aside for this project until the problems are fixed and the residents are happy.


Mr. Bosley reiterated this is a county project and the township has nothing to do with it.  Discussion followed.


Mrs. Shafer said she also spoke to Rob Graham about a ditch on Eastland that needs cleaned out where the Fairhope Ditch was not cleaned because it’s not part of the Fairhope Ditch mapping.  Mrs. Shafer was informed she would need to fill out a Ditch Complaint Form, which she will do.  Discussion followed.


Mr. Bosley reported there’s an area on Lesh that needs a guardrail and requested C. Peterson to get prices by the June 8th meeting.


Beck Road Creek Concerns: Mrs. Shafer reported this creek is clogged but said this is an off road right of way.  She is meeting with Mr. Meeker this Saturday.  Mrs. Shafer said she called Eric Adkins and asked if this creek could be added to their fall creek clean-up schedule.


Nimishillen Township Board of Trustees


May 25, 2006 (Cont.)


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Mrs. Shafer moved to approve the May 11, 2006 Minutes, as written, seconded by Mr. Lynch.  Voting: Mrs. Shafer – yes, Mr. Lynch – yes and Mr. Bosley – yes.  Motion carried.  RES#06-172




Transfers: On May 17th, 2006, $8,000.00 was transferred from 4-B-02 Materials to 4-A-13 Other Expenses Road.


Resolution for Memorandum of Agreement for Deposit of Public Funds – First Merit: Mrs. Shafer moved to approve the Memorandum of Agreement for Deposit of Public Funds – First Merit, seconded by Mr. Lynch.  Voting: Mrs. Shafer – yes, Mr. Lynch – yes and Mr. Bosley – yes.  Motion carried.  RES#06-173


Estate Tax: Mrs. Harmon reported 122,650.00 Estate Tax was received, which was more than anticipated.


ORC Bid Requirements: Mrs. Harmon explained before the current Board came into office, the Ohio Revised Code Bid Requirement is $25,000.00 and not $15,000.00.


Old Recorder: Mrs. Harmon stated the JVC Recordable CD Component, Model #XLR5000BK is obsolete and has no value, per ORC 505.10.  Mrs. Shafer moved to declare the old recorder as unusable, seconded by Mr. Lynch.  Voting: Mrs. Shafer – yes, Mr. Lynch – yes and Mr. Bosley – yes.  Motion carried.  RES#06-174




Mrs. Shafer moved to approve all Purchase Orders, seconded by Mr. Lynch.  Voting: Mrs. Shafer – yes, Mr. Lynch – yes and Mr. Bosley – yes.  Motion carried.  RES#06-175




Mrs. Shafer moved to approve the Financial Report and pay bills in the amount of $16,001.33, seconded by Mr. Lynch.  Voting:  Mrs. Shafer – yes, Mr. Lynch – yes and Mr. Bosley – yes.  Motion carried.  RES#06-176




Mrs. Shafer moved to sign checks and adjourn, seconded by Mr. Lynch.  Voting:  Mrs. Shafer – yes, Mr. Lynch – yes and Mr. Bosley – yes.  Motion carried.  RES#06-177


The meeting adjourned at approximately 8:30 PM.



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Text Box:  


______________________________                                  __________________________________

Attest:       Fiscal Officer                                                   Todd D. Bosley, President

                  Carlene Harmon




                                                                                               Lisa R. Shafer, Vice President




                                                                                               Michael L. Lynch, Trustee