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: Mike Lynch gave the invocation.
Nick Hammer, Registered Sanitarian with the Stark County Health Department, held a brief question and answer session regarding the new sewage regulation, which becomes effective January 1, 2007. He said he’s been receiving a lot of questions from homeowners and installers.
Ø All systems in operation under the current or past codes that are not creating a nuisance are deemed acceptable and will not be required to be replaced.
NPDES permits will be required from
Ø Off-lot discharge is a ‘last resort option’ for repair systems. These discharging systems are required to have a service contract for the life of the system.
Ø Septic installers will be registered with the State.
Ø Stark County Health Department lot size will be decreased.
Ø Existing permitted systems will be permitted to be installed until January 10, 2010. After that date, the homeowner must comply with the new sewage code.
Ø All existing permitted systems for off-lot discharge will be permitted to be installed as long as the permit is valid (1 year). There will be no renewal!
and questions followed. Homeowners will
be allowed to install their own septic system; however, they would be required
to go to
Kibler, Sanitarian in Training with the Stark County Health Department, spoke briefly on the Phase
II Storm Water update for
Ø Information detailing the location of the outfall
Ø Date and time of inspection
Ø Pipe type and size
Ø Whether or not there was a flow and if there was a flow, the description of the flow
Ø GPS location and digital photo
Kibler said they also determine the priority of the outfall based on flow and
if a flow is present, consideration of color and odor of the flow is
taken. Zero outfalls are classified as
high priority. In
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December 14, 2006 (Cont.)
FIRE DEPARTMENT: (Chief Rich Peterson)
Declare Turnout Gear Obsolete: After discussion, in accordance with ORC 505.10, Lisa Shafer moved to dispose of firefighting turnout gear and declare the firefighting turnout gear obsolete for the use for which it was acquired and has no value, seconded by Mike Lynch. Roll call voting: Lisa Shafer- yes, Mike Lynch – yes and Todd Bosley – yes. MOTION CARRIED. Res. #06-357
Acceptance of Donation of Water Rescue Craft: After discussion, Lisa Shafer moved to accept the donation of the water rescue craft, seconded by Mike Lynch. Roll call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes. MOTION CARRIED. Res#06-358
Resignations: Lisa Shafer moved to accept the resignation of Firefighter/Paramedic Lt. John Ring and Firefighter/Paramedic Jason Laird, seconded by Mike Lynch. Roll call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes. MOTION CARRIED. Res#06-359
Chief Peterson said both had to seek employment elsewhere and both are leaving in good standing.
Payment for Retainages to Contractors (Construction Project was Under Bid Amount): Chief Peterson reported he received a letter from Attorney Robertson recommending the following prime contractors be paid their contract and retainage amounts for Nimishillen Township Fire Station #3. B&J Electric $7,263.84; Fine Mechanical $6,823.36; Kiko Heating & Cooling $1,443.76 (See attached)
After discussion and due to the fact there are still unsettled issues with B & J Electric, Lisa Shafer moved to release payment to Kiko Heating & Cooling in the amount of $1,443.76 and Fine Mechanical in the amount of $5,123.36, seconded by Mike Lynch. Roll call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes. MOTION CARRIED. Res#06-360
Digital Communications Voice Logger / Recorder: After discussion, Lisa Shafer moved to authorize the digital communications voice logger/recorder from Stephen Campbell & Associates in the amount of $28,694.00, seconded by Mike Lynch. Roll call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes. MOTION CARRIED. Res#06-361
of Township Mileage: Mike Lynch moved to accept and sign the
Paving: Mike Lynch explained the
Asphalt Resurfacing Project totals $202,678.81, which is $18,596.42 lower than
the original bid price due to the nonperformance of several quantities. After the job was completed,
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December 14, 2006 (Cont.)
Lynch moved to release additional funds in the amount of $50,741.73 to the
ZONING DEPARTMENT: (Keith Lasure)
Report for Stark
Zoning Report for December 14, 2006: Lisa Shafer moved to approve the written Zoning Report for December 14, 2006, seconded by Mike Lynch. Roll call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes. MOTION CARRIED. Res#06-365
EPA REPORT: (Keith Lasure)
Keith Lasure reported a couple buildings were tore down in the past few weeks and wanted to thank Nick Hammer for speeding up the process in getting this accomplished.
CONCERNS OF THE FISCAL OFFICER: (Carlene Harmon)
Transfers Per Res#06-01:
11/25/06: $ 3,000.00 from 01-A-25 Contingency Acct. to 01-A-10 Legal Council
12/03/06: $ 8,787.50 from 01-A-17 Auditor Fees to 01-C-01 Salaries
$ 1,400.00 from 01-A-26A Other Exp., Payroll to 01-J-01 Salaries & Fees
12/12/06: $50,000.00 from 04-B-02 Materials to 04-A-08 Buildings
$45,000.00 from 11-C-02 Materials to 11-A-08 Buildings
$ 5,000.00 from 11-B-04 Other to 11-A-08 Buildings
$ 6,000.00 from 1-A-25 Contingency Acct. to 1-J-01 Salaries (Zoning)
$ 2,000.00 from 1-A-25 Contingency Acct. to 1-C-01 Salaries
Bond Cancellation – Nickelplate & Shilling: After discussion, Lisa Shafer moved to approve cancellation of the road bond for Nickelplate & Shilling, seconded by Mike Lynch. Roll call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes. MOTION CARRIED. Res#06-366
Effective Date of Raises for Dan Wayt and Jamie May: Mike Lynch moved to approve November 11, 2006 as the effective date for raises for Dan Wayt and Jamie May, seconded by Lisa Shafer. Roll call voting: Mike Lynch – yes, Lisa Shafer – yes and Todd Bosley – yes. MOTION CARRIED. Res#06-367
Temporary Appropriations: Lisa Shafer moved to accept the Temporary Appropriations, seconded by Mike Lynch. Roll call voting: Lisa Shafer –yes, Mike Lynch – yes and Todd Bosley – yes. MOTION CARRIED. Res#06-368
Road Department Loan Payment: Fiscal Officer, Carlene Harmon, stated that she cut a check for $80,000.00 to apply against the loan for the road department building, which is almost 6% of the balance. She said if the Board so chooses, it could be paid off next year.
BEFORE CONTINUING WITH ‘Concerns of Citizens’, Mike Lynch wanted to clarify some things regarding the Groffre Lawsuit. He said the fact is, this whole thing started with the prior Board stating he personally feels it’s gotten way out of hand. He said this is a project that the township
December 14, 2006 (Cont.)
could have fixed for approx. $10,000.00. Mr. Lynch said the Jeffries brothers told him they were willing to fix the problem themselves but were told by a past trustee they couldn’t. Because of this, it’s now escalated and will cost the township a lot of money. Mr. Lynch said he’s disheartened that a percentage of the general public would like to put the blame on the current Board and he will not accept blame for this nor will he have his colleagues accept blame. Mr. Lynch continued saying former Trustee Goffus motioned to hire Atty. Jim Mathews and said Atty. Mathews has done a great job and has looked out for the well being of our township and residents.
Bosley then addressed some other issues such as the postcards that have been
sent to township and area residents. Mr.
Bosley then read one of the cards (copy attached) stating it’s incorrect. Bosley said his corporation rents from
Jeffries stating Atty. Mathews is a good lawyer as well as a
Mr. Bosley said he has endured numerous attacks and he’s tired of it and read the following statement: “Over the past year, I’ve been the personal target of members of the recently formed group CBNT. Individuals in this group worked collectively against me in my bid for county office and now have become even more aggressive. After tolerating this for months during the past election, it is apparent that these individuals intend and continue to circulate false and slanderous material towards me within the community. I want to go on record stating that I will be meeting with my attorney to discuss and pursue a civil lawsuit against these members. The members I intend to file an action on include the following: Linda Shier, Russell Goffus, Christy Bresson, Terri Huckels and any other member who may have participated in any defamation, slander or liable. It is unfortunate that I have to resolve to these measures, but this type of activity cannot go unchallenged.”
CONCERNS OF CITIZENS:
Terri Fidelholtz of 2828 Ravenna read a letter that she wrote commenting on activities going on in the township that she considers slanderous. (See attached).
Donna Fuller of 5851 Rosedale commented on the Groffre Lawsuit and thanked Mike Lynch for giving an explanation and thanked Todd for taking time to explain his situation, the anonymous post cards that have been circulated stating someone is trying to make our township look bad and talked about Fire Station #3 stating that the current Board and Fire Chief are trying to do the best they can for the township.
this time, Todd Bosley excused the
CONCERNS OF CITIZENS (Cont.)
Bill Dougherty of 5689 Eastview commented on the mailing of the post cards stating he believes in free speech but he’s mad because whoever sent them should have the guts to sign them.
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December 14, 2006 (Cont.)
Coy Rader of 4241 Addison talked about a drainage problem on
Bill Blackmer of 3505 Maplegrove said he is in agreement with Bill Dougherty and said he doesn’t care what he gets in his mailbox but whoever sent the postcards should own up to it and sign them.
CONCERNS OF TRUSTEES:
discussion, Lisa Shafer moved to accept the Bidding Resolution provided by the
Commitment for Balloon Lift-off: Mike Lynch explained because the City of Louisville had not yet set up a 5013C account, per Stark County Prosecutor, Lisa Barr, the law does not authorize the Township to donate money to the Balloon Lift-off under these circumstances. Also, there is no statutory or case law that authorizes a Township to donate funds to a City. Since the Board was not authorized to make a donation to the Balloon Lift-off nor to the City, the Board of Trustees is not obligated by their offer. However, Mr. Lynch said this Board believes in community events and even though the Board did verbally commit to donate $5,000.00 but later found out they couldn’t, he said he is totally committed to figure a way to fulfill and honor the commitment without using tax payers’ money but at this time, a check cannot be written out of township funds.
All background checks and a Motor Vehicle Report through our insurance company was done.
Francesca Ditch Project (tabled from 11-20-06): After discussion, Lisa Shafer moved to place the Francesca Ditch Project, effective immediately, on the schedule and to move forward with the storm sewer project at a cost of roughly $30,000.00, seconded by Mike Lynch. Roll Call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes. MOTION CARRIED. Res#06-371
It is Lisa Shafer’s opinion that we wait until after the holidays to start this project, and the Board agreed. Todd Bosley said this is a good project because it will increase property value in the township and will keep the children safe.
PRESENTATION TO TODD BOSLEY:
At this time, Carlene Harmon made several presentations to Todd including a framed Certificate of Appreciation and Dedication. Todd received a round of applause and a standing ovation.
Todd said it’s been an honor to serve this community. He said tonight is his last meeting and that he will not be able to attend the December 28th meeting as he has a commitment with his family. He thanked Mike and Lisa and said it’s been fun working with a Board who is progressive and wants to move forward. He thanked the office staff for their dedication and good job and thanked Chief Peterson stating he’s the best Fire Chief anywhere by far. He then thanked Carlene and her husband, Tom, for all their help politically, thanked all the firemen stating its been an honor to work with them and thanked township resident, Donna Fuller, for her support and help with the past election.
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December 14, 2006 (Cont.)
Lisa Shafer moved to go into Executive Session at 8:05 PM to discuss office personnel, seconded by Mike Lynch. Roll call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes. MOTION CARRIED. Res#06-372
Lisa Shafer moved to come out of Executive Session at 8:20 PM, seconded by Mike Lynch. Roll call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes. MOTION CARRIED. Res#06-373
After discussion, Lisa Shafer moved to put Sharon Shaub back on hourly at a rate of $12.50 per hour with comp time to be taken as time off for anything over 40 hours a week and to increase Keith Lasure 3% per hour with both Keith and Sharon to be retroactive to November 11, 2006 to be consistent with the road department, seconded by Mike Lynch. Roll call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes. MOTION CARRIED. Res#06-374
Request to Speak at Township Meetings: Because the ‘Concerns of Citizens’ portion of the meetings have gotten out of control, Lisa Shafer prepared a form for residents to complete before speaking at a township meeting.
After discussion, Lisa Shafer moved to approve the ‘Request to Appear Before the Board of Nimishillen Township Trustees’ form requesting residents to sign up for public speaks 48 hours in advance to speak at township meetings. There will be a 10-minute time limit to speak. Residents will be notified if they have or have not been placed on the agenda, seconded by Mike Lynch. Roll call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – no. MOTION CARRIED. Res#06-375
Some residents spoke against this idea. Both Mike and Lisa agreed to give it a try to see how it works out and go from there. The form will be posted on the township website at www.nimishillentownship.com and can also be picked up at the township office. Completed forms can be dropped off at the township office or faxed to the township office no later than NOON the SECOND DAY PRIOR to the regular township meeting.
APPROVAL OF NOVEMBER 20TH AND NOVEMBER 27TH, 2006 MINUTES:
Lisa Shafer moved to approve the written Minutes of November 20th and November 27th, 2006, seconded by Mike Lynch. Roll call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes. MOTION CARRIED. Res#06-376
APPROVE ALL PURCHASE ORDERS, FINANCIAL REPORT AND PAY BILLS:
Lisa Shafer moved to approve all Purchase Orders, Financial Report and pay bills in the amount of $420,235.57, seconded by Mike Lynch. Roll call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes. MOTION CARRIED. Res#06-377
December 14, 2006 (Cont.)
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#06-378
The meeting adjourned at 8:35 PM.
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Attest: Fiscal Officer Todd D. Bosley, President
Lisa R. Shafer, Vice President
Michael L. Lynch, Trustee