Nimishillen Township Board of Trustees

May 10, 2007


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On Thursday, May 10, 2007, the Board of Trustees of Nimishillen Township met in regular session at 7:00 P.M. at the Nimishillen Township Hall with the following members present: Trustee President Lisa R. Shafer, Trustee Vice President Michael L. Lynch, Trustee Allen E. Gress and Fiscal Officer Carlene Harmon.


President Shafer called the meeting to order and led the staff and audience in the Pledge of Allegiance.


INVOCATION: Mike Lynch gave the invocation.


FIRE DEPARTMENT: (Chief Rich Peterson)


Septic System Update @ Sta. #2: A letter was received from Dean Stoll with the Ohio EPA.  Chief Peterson said he spoke with both Mr. Stoll from EPA and Mr. Ascani from the Stark County Health Dept.   The plan of action mitigating the problem is going to be what the health department had been working on earlier, which is to use the front leach field.  The Chief stated when the building was designed for renovations the requirements were different for gray water (which is what is in the drains).  It is no longer required to have the leach field.  This can be converted into a sanitary leach field temporarily; however, this is not a long-term solution.  This will allow compliance and resolve the immediate problem.  Because there are only two people staffing Station 2, the regulations fall under the County Health Department, it’s not regulated by the EPA and can be worked out in time with the current system.  The long-range plan that will be addressed in the mitigation proposal is that the Board would consider acquiring additional property, which would allow planning for a more adequate leach field for the system.  Short term we should be okay.  Chief Peterson said between now and the next meeting, he would like to get prices for the switches to present to the Board.


ROAD DEPARTMENT: (Road Crew Member, Jamie May)


Road Report: Mike Lynch motioned to accept the May 10, 2007 Road Report, as presented, seconded by Allen Gress. Roll call voting:  Mike Lynch – yes, Allen Gress – yes and Lisa Shafer – yes.  MOTION CARRIED.   Res#07-224   (copy attached)


Compost Center: This was not listed on the agenda, but Allen Gress asked Jamie to keep a running account of how much time is spent on the compost center.  Jamie said he had already started keeping track of it a couple weeks ago.


$10.00 License Fee: This was not on the agenda, but Lisa Shafer wanted to make everyone aware that today the Commissioners voted 2 to1 to approve the $10.00 increase to be added to the license plate fee.  Thirty percent (30%) of the fee is to be returned to the township for roadwork.  Mike Rehfus from the Stark County Engineers will be the guest speaker at the next township meeting to explain how the money is to be used and different projects that are going on in Nimishillen Township. Mrs. Shafer continued stating there are several grants that have been approved which need matching funds.  Without the $10.00 fee passing, those funds would not have been available.  One of the intersections they will be working on is the Paris and Easton Intersection.




Zoning Report: Mike Lynch motioned to accept the May 10, 2007 Zoning Report, as presented, seconded by Allen Gress.  Roll call voting:  Mike Lynch – yes, Allen Gress – yes and Lisa Shafer – yes.  MOTION CARRIED.  Res#07-225 (copy attached)


Zoning Report for Stark County Auditor: Mike Lynch motioned to approve the April 2007 Zoning Report for the Stark County Auditor, seconded by Allen Gress.  Roll call voting:  Mike Lynch – yes, Allen Gress – yes and Lisa Shafer – yes.  MOTION CARRIED.  Res#07-226 (copy attached)




Keith Lasure reported he has been working on two EPA violations with the Health Department – one is located in the 3600 block of Ravenna and one located at McKimm and Pinevale.  Both of these projects pertain to gray water running into a nearby creek.




Award Township Insurance: Three quotes were received:  Ohio Plan for $34,715, OTARMA for $37,169 and Leonard Insurance for $39,460.  After discussion, Mike Lynch motioned to accept the Ohio Plan effective May 23, 2007 in the amount of $34,715, which will run through May 23, 2008, seconded by Allen Gress.  Roll call voting:  Mike Lynch – yes, Allen Gress – yes and Lisa Shafer – yes.  MOTION CARRIED.  Res#07-227


BWC Claim for Christopher Blake: Frank Gates, the township’s workers’ comp. coordinator, has asked the township to accept a settlement for a back injury that Christopher Blake incurred on the job.  After discussion, Mike Lynch motioned to authorize Frank Gates to pursue a lump sum settlement for Christopher Blake, seconded by Allen Gress.  Roll call voting:  Mike Lynch – yes, Allen Gress – yes and Lisa Shafer – yes.  MOTION CARRIED.  Res#07-228


CONCERNS OF CITIZENS: One resident signed up to speak at tonight’s meeting:


Steven Roberts of 6790 Pilot Knob stepped to the podium and said he is concerned about the Compost / Recycle Center because of the time the road department crew spends on cleaning up the compost on a daily basis and also the cost.  He suggested the following: 

  • Secure funding either through County, State or Federal – wherever funding can be found & find out how other communities are funding their program.
  • Find out how we can make the composting center more efficient and cut costs
  • Change location of the site.
  • Consider changing from being open 24/7 to maybe one day a month devoted to certain items, i.e. certain time for leaves, for limbs, etc. which would reduce the volume.
  • Get chipper and chip it to make it easier for loading.
  • Hire a company that would pay for and use their own equipment – the road dept. would no longer have any part in it.


CONCERNS OF TRUSTEES: (Lisa R. Shafer, Michael L. Lynch, Allen E. Gress)


Under Concerns of Trustees, Lisa moved forward to #6 on the agenda regarding the compost / recycling center as this would answer most of Mr. Roberts’ concerns and questions.


Township Compost / Recycling Center: Lisa Shafer reported she attended a meeting on May 4th at the Stark-Tusc-Wayne Joint Waste Management District. She said three commissioners sit on the Board and make decisions.  Nimishillen Twp. was asking for $29,074.50 in funding to continue with our composting and recycling program.  Both Tusc and Wayne were surprised to learn how much material is generated and recycled in Stark County, not only our township but also many others. However, the Waste Mgmt. District did commit to spend $40,000 for a ‘study’, which will be completed the end of July 2007.  Mrs. Shafer reported she learned that this money was coming out of an interest fund.  When asked how much money was in this account, she learned there is four million dollars in this interest fund and we asked for $29,000.  But because we have dumpsters provided to us at no cost, we are expected to provide in-kind contributions, which means we are to provide road dept. labor, use of our equipment and how ever many man-hours it takes.  Mrs. Shafer said this year, it could cost the township $32,000 to operate this program and essentially we are using Nimishillen Township tax-dollars to fund it.  Our facility is a county –wide program for all residents living in Stark County.  Much discussion was held including discussing moving the recycle to a different area and moving the gates.  Mrs. Shafer said they are looking at several options and they are seeking some kind of funding.


Resolution to Accept Resignation from Floyd Fernandez: Because Floyd Fernandez was appointed to fill Phyllis McKean’s term on the Zoning Board of Appeals, Mr. Fernandez must resign from the Zoning Commission Board of which he had been a member for many years.


Mike Lynch motioned to accept Floyd Fernandez’s resignation from the Zoning Commission Board effective April 26, 2007, seconded by Mike Lynch.  Roll call voting:   Mike Lynch – yes, Allen Gress – yes and Lisa Shafer – yes.  MOTION CARRIED.  Res#07-229




Nimishillen Township Board of Trustees

    May 10, 2007 (Cont.)


Resolution to Appoint Zoning Commission Member, Gary Brahler, as Alternate on the Zoning Board of Appeals:

Because Floyd Fernandez was an alternate on the ZBA but was appointed to sit as a member on the ZBA at the last Trustees’ meeting, someone needs to be appointed as an alternate on the Zoning Board of Appeals.


After discussion and because Gary Brahler is a senior member on the Zoning Commission, Mike Lynch motioned to appoint Gary Brahler as alternate on the Zoning Board of Appeals effective immediately for a term which will expire December 31, 2010, seconded by Allen Gress.  Roll call voting: Mike Lynch – yes, Allen Gress – yes and Lisa Shafer - yes.  MOTION CARRIED.  Res#07-230


Groffre Investments Annexation Public Hearing:  Mike Lynch reminded everyone the  Commissioner’s hearing for the Groffre Investment Annexation is Wed., May 16th at 7:00 PM at the Louisville Constitution Center.  The Board encouraged everyone to attend, support the township and make their feelings known.


Creek Clean-up: Last year, a creek cleanup on Beck was attempted to be scheduled and then rescheduled due to being rained out.   Mrs. Shafer said she would like to try to schedule it again this year.  She spoke to Eric Atkins with NEFCO and he would like to get something scheduled with the Board and would like the Trustees to pick a date – maybe sometime later in June or July.  Mrs. Shafer asked each Trustee to email Sharon dates they would be available.  The clean up would be on a Saturday.  This is at no cost to the township at all.  Because the clean up is off road, township equipment cannot be used.  There would be a group of volunteers to help with the cleanup and heavy equipment would be donated from various local businesses.  Last year, Metzger’s agreed to donate some of their equipment as well as Tom Phillips with Jasper Transport.  If the Beck site is not available due to a new owner, another site can be chosen along with Eric and once it’s approved, we can move forward. 


Fire Station Lawn Mowing Quotes:  Mike Lynch apologized for not giving the dollar amounts quoted at the last meeting for lawn mowing at the Township Fire Stations.  He said it was not done intentionally.  The quotes received are as follows (quotes are per mowing):

     Station               Custom Cut Lawn              Enviroscapes

               Station 1                  $37.65                             $45.14

               Station 2                  $45.75                             $54.96

               Station 3                  $60.25                             $75.25




Since it was almost 8:00 PM, the Louisville High School Government Class Students were dismissed and the elected officials signed their papers.


After a short break, Lisa Shafer reconvened the meeting at 8:00 PM.






The Board of Trustees and Fiscal Officer opened and read aloud the bids.  (See attached bid sheet)  Bids were received from Hughes Contracting (HCI), National Lime & Stone, Central Allied Enterprises, LaFarge No. America (EOS), North State Asphalt – Wenger and J & D Mining.  The decision on awarding the bid was tabled to the next Trustees Meeting on May 24, 2007.


Executive Session to Discuss Road Department Personnel:  Mike Lynch said an Executive Session would not be needed.  He said stemming from the work session last night, legal advice was sought. However, Mr. Lynch explained that we’ve been without a road superintendent for several months now and because the dynamics of the road department are changing, they have been contemplating hiring a part-time   administrator to oversee the road department on a trial basis but before advertising for this position, a job description must be in place.  The Board agreed a work session would be needed.


A work session was set for Tuesday, May 15th at 6 PM at the township garage to discuss road department personnel and township finances.  Sharon will advertise as such.


Part-Time Hours in Road Department: Discussion was held regarding putting a cap of 20 hours per week on as-needed basis for the two part-time crew members on the road department. After discussion this was tabled to the next Trustees Meeting.




Comp Time:  After discussion, Mike Lynch motioned to amend Res#06-045 which states employees will not accumulate more than 80 hours comp time to be used within six (6) months from the date it is earned to all eligible employees will not accumulate more than 80 hours comp time to be used within one (1) year from January 1 to December 31.  In the event the comp time is not used within the one-year period, it shall be converted to cash at the employee’s current rate of pay, effective immediately, seconded by Allen Gress.  Roll call voting:  Mike Lynch – yes, Allen Gress – yes and Lisa Shafer- yes.  MOTION CARRIED.  Res#07-231




Review of EPA Storm Water Run-off Audit Meeting held in Twinsburg: Allen Gress explained this is an important mandate stating there are many changes that have to be made between now and 2009 – not only in townships - but also in cities and all jurisdictions around Ohio.  He said there are serious penalties if we don’t do what the law says.  Mr. Gress said he attended the meeting, but said whoever enforces this is the person that needs to attend these meetings.  There will be audit meetings four times a year (there have already been two) and it is Mr. Gress’ opinion that each Trustee should attend at least one meeting to get an overview of what the EPA is mandating.  There are numerous rules and regulations that must be followed. He explained within a two to three week period, we will be notified (by registered mail) that a team of specialists from EPA will be coming to the office to look through all of our records, do on site inspections and monitor how we are complying.  Mr. Gress said there are some things that we are not doing yet but we’re working on it.  One of the things is to keep track of every contact – everything we do – relating to water run-off.  Every time there is a complaint, every time the road dept. finds something, every time someone calls in, we are to make notes of it and file it away because that will allow us to prove that we are enforcing the water run-off regulations.  There was a training session held yesterday with the Road Department and the Stark County Health Dept. to bring the road crew up to speed on elicit water run-off discharge.  Keith Lasure said all new construction, post construction and pre-construction will have to be inspected and documented before, during and after the complete building process.  More discussion followed.




Mike Lynch motioned to approve the Minutes for April 12, 2007, as written, seconded by Allen Gress.  Roll call voting:  Mike Lynch – yes, Allen Gress – yes and Lisa Shafer – yes.  MOTION CARRIED.   Res#07-232




Mike Lynch motioned to approve all Purchase Orders, approve the Financial Report and pay bills in the amount of $11,044.45, seconded by Allen Gress.  Roll call voting:  Mike Lynch – yes, Allen Gress – yes and Lisa Shafer – yes.  MOTION CARRIED.  Res#07-233




Mike Lynch motioned to sign checks and adjourn, seconded by Allen Gress.  Roll call voting:  Mike Lynch – yes, Allen Gress – yes and Lisa Shafer – yes.  MOTION CARRIED.  Res#07-234


The meeting adjourned at 8:45 PM.



_________________________________                  __________________________________

ATTEST: Carlene Harmon, Fiscal Officer                   Lisa R. Shafer, President




                                                                                    Michael L. Lynch, Vice President




                                                                                    Allen E. Gress, Trustee