Nimishillen Township Board of Trustees

June 14, 2007

On Thursday, June 14, 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, Vice President Michael L. Lynch, Trustee Allen E. Gress and Fiscal Officer Carlene Harmon.

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

INVOCATION: Trustee Lynch gave the invocation.

TOWNSHIP ATTORNEY:

Trustee Gress introduced township attorney, Jeff Jakmides, and also two boy scouts that were attending tonight’s meeting.

7:00 PM - EXECUTIVE SESSION:

TRUSTEE SHAFER MOTIONED to go into Executive Session at 7:03 PM with Attorney Tracey Laslo to discuss the SERB lawsuit, part-time road employees and pending litigation regarding a construction issue at Fire Station No. 3, seconded by Trustee Gress. All voted yes. MOTION CARRIED. Res#07-246

Attorney Jakmides asked for an Executive Session to discuss pending litigation (Groffre Lawsuit) with respect to the insurance litigation to try to recover funds that the township had to expend to settle a lawsuit and also a personnel matter that needs to be brought to attention.

TRUSTEE LYNCH MOTIONED to add to the Executive discussion with our staff attorney concerning pending litigation with the insurance company and personnel matters, seconded by Trustee Gress. All voted yes. MOTION CARRIED. Res#07-247

TRUSTEE LYNCH MOTIONED to come out of Executive Session at 7:56 PM, seconded by Trustee Gress. All voted yes. MOTION CARRIED. Res307-248

TRUSTEE LYNCH MOTIONED to allow Attorney Tracy Laslo to attempt to make a settlement on the SERB lawsuit charges, seconded by Trustee Gress. All voted yes. MOTION CARRIED. Res#07-249

With no further discussion regarding lawsuits, Attorney Jeff Jakmides was excuse from the rest of the meeting.

FIRE DEPARTMENT: (Chief Rich Peterson)

Open Burning Regulations: The Canton City Health Department and the Division of Air Pollution Control enacted new Open Burning Regulations. They sent correspondence (an overview of all regulations) to all government agencies. They also changed notification procedures for fire departments. Questions regarding Ohio’s Open Burning Regulations can be addressed to the local division of air pollution control at 330-489-3385 or you can view Ohio’s Burning Regulations at www.epa.state.oh.us/dapc/general/openburning.html. This information was also published in the Summer 2007 Township Newsletter.

Chief Peterson further stated the number of complaints regarding illegal open burning has increased this year and reminded residents that all open burning is against Ohio law, including burning yard waste, garbage, rubber, grease, plastics and dead animals. Anything burned in burn barrels is also illegal. The only burning allowed by State law is in outdoor fireplaces and campfires but must comply with Ohio EPA restrictions and advised residents to call the non-emergency number (330-875-3363) before a permitted fire and after the fire is distinguished. He further stated it would not be the Nimishillen Township Fire Department who would issue citations. Further discussion followed.

For those residents who do not have a computer or are not on the Internet, a copy of the Ohio EPA Division of Air Control Regulations can be obtained at the township office.

Discussion was held regarding putting together a press release bullet-pointing specific items and publish it in the newspapers so everyone is aware of the Open Burning Rules and Regulations. Trustee Shafer said she would work on it.

Communications Center Update:

Ø Cencom: Chief Peterson advised everyone that the new registration name is now Cencom (Central Communications) and not the former name of Stark Dispatch.

Ø County-wide Radio System Tie-in / SSA Upgrade: Chief Peterson said they have been working with the County, City of Canton and the EMA director to facilitate the tie-in for our center. The issue is the subscription upgrade that the County and City need to perform which brings their version of software up to the version of their software so in order for us to tie in, they have to raise their subscription. Chief Peterson said they’ve been behind for about 2 –1/2 years and said originally when we started the project about six months ago trying to solve that problem, it was $340,000.00 but through meetings and some other funding sources, the cost is now down to about $32,000.00. He said they went to the Commissioner’s Office about funding but with the changes that are going on at the Commissioner’s Office, there will not be much action until after July. The initial proposal is to do a five-way split with all five (5) agencies, county included, and in order to secure the price, a purchase order has to be issued before the end of June to commit to our portion of $6,300.00

After discussion, TRUSTEE GRESS MOTIONED for the township to make a commitment up to $6,300.00 for the County-wide Radio System Tie-in SSA Upgrade, seconded by Trustee Lynch. All voted yes. MOTION CARRIED. Res#07-250.

Ø SCOG Study: Chief Peterson said this study is something you may have heard before and said we’re heading in the right direction. The concept has been talked about for years, which is to bring those centers in the regionalized approach, look at some of the options of 911 and it seems SCOG is going to fund the entire study.

Disposal of 1984 GMC Tactical Support Unit: Due to the unsafe condition of the unit and after discussion, TRUSTEE GRESS MOTIONED that the 1984 GMC Tactical Support Unit be declared unusable, unnecessary and unsafe and is considered a salvageable item, seconded by Trustee Lynch. All voted yes. MOTION CARRIED. Res#07-251

Stark County Safety Council: Chief Peterson said the Fiscal Officer has this listed as item #2 under Concerns of the Fiscal Officer to talk about the group rate program for workers’ comp. Mrs. Harmon said she has been talking with the Chief about reducing our workers’ comp premiums by attending certain classes. Chief Peterson said the Stark County Safety Council is an organization, which meets once a month and holds safety clinics to discuss safety topics. By attending these classes, credits can be earned. Chief Peterson offered to help with these meetings and has already attended some and feels it would be good if the trustees and a representative from the Road Department sit in on the meetings. The Chief said he requested an information packet and asked the Board for permission to investigate it and said he knows it’s a good organization. The Board agreed and asked him to make sure Sharon is given the dates of the meetings.

Discussion was now held on the payment of $2,600.00 to Frank Gates so he can continue to administer all of our workers’ comp claims. Fiscal Officer, Carlene Harmon, said because Frank Gates has an exclusive with OTA, it is her opinion that he would be the best representative for our workers’ comp administrator because they have an interest in getting us back in the group and getting the OTA group discount. She said we can’t go to another group but we can go with whatever administrator we want. She said one of the firefighters has an on-going claim and they (Frank Gates) will try to negotiate with him. She said unless the Board has another administrator in mind, it’s her opinion that we should not switch from Frank Gates. She said she is not a workers’ comp specialist and would not be able to handle the claims.

After discussion, the Board agreed to table this to the June 28^th meeting so they can discuss it with Attorney Jakmides. Mrs. Harmon will hold the $2,600 check until further notified of the Board’s decision.

ROAD DEPARTMENT: (Road Crew Member, Jamie May)

Resolution to Set Dates to Advertise and Open Bids for the 2007 Road Paving Project:

Trustee Lynch explained in the past, the paving bid specs were submitted to the prosecutors for their approval prior to bidding. Tillie Kinsley called Dave Bridenstine at the Prosecutor’s Office and he said there is no statutory requirement for them to review the bid specs. Mrs. Kinsley informed the Board that all that is needed is that we receive an estimate from the Engineers and that it is part of our bid package.

After discussion, TRUSTEE LYNCH MOTIONED to advertise for sealed bids for resurfacing of certain township streets to be advertised in The Repository on June 20^th & 24^th, 2007 and will accept bids until 12:00 Noon on Thursday, July 12^th, 2007 and to open the bids on July 12^th, 2007 at 8:00 PM at the regularly scheduled trustees’ meeting, seconded by Trustee Gress. All voted yes. MOTION CARRIED. Res#07-252

Road Report: TRUSTEE LYNCH MOTIONED to approve the Road Report for June 14, 2007, as presented, seconded by Trustee Gress. All voted yes. MOTION CARRIED. Res#07-253 (Copy attached)

Trustee Gress brought up for discussion a flooding problem on the Dougherty property during recent heavy rains. Because the railroad tracks are at this location, it is a very complicated issued but the problem is still in the works. Trustee Gress asked former trustee, Russ Goffus, if he would be willing to share some pictures that he took. Mr. Goffus said he would after he gets them developed.

ZONING DEPARTMENT: (Keith Lasure)

Trustee Shafer excused Zoning Inspector, Keith Lasure, from tonight’s meeting due to illness.

Zoning Report: TRUSTEE LYNCH MOTIONED to approve the Zoning Report for June 14, 2007, as presented, seconded by Trustee Gress. All voted yes. MOTION CARRIED. Res#07-254 (Copy attached)

CONCERNS OF FISCAL OFFICER: (Carlene Harmon)

Transfers Per Res#07-02: Mrs. Harmon made the following transfer on June 13, 2007: $10,000 from 10-A-02 Employees Retirement to 10-A-15 Miscellaneous Expenses.

Declare obsolete / Unusable equipment: After discussion, TRUSTEE LYNCH MOTIONED to declare the following computer items obsolete and unusable – Tag #00332 Scanner, #00329 Processor, 00458 Monitor, 00365 Processor, 00401 Disk Holder and 00400 Phone / Modem, seconded by Trustee Gress. All voted yes. MOTION CARRIED. Res#07-255

Road Budget: Mrs. Harmon said there is a work session coming up on June 20^th, which she will not be able to attend and wanted to advise the Board that with all of the road department anticipated expenses, it is her opinion that there is not enough money to do all the roads.

Request Advance Payment for the Inheritance Tax from Stark County Auditor: Mrs. Harmon said we normally get the inheritance money in February but said there is some money in the Auditor’s fund so she would like to ask the Board for an advance for the inheritance tax form the Stark County Auditor.

TRUSTEE GRESS MOTIONED to request an advance payment for the inheritance tax from the Stark County Auditor, seconded by Trustee Lynch. All voted yes. MOTION CARRIED. Res#07-256

CONCERNS OF CITIZENS:

No one signed up to speak at tonight’s meeting.

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

Township Association Dinner: Trustee Lynch reminded everyone the Township Association dinner will be held on Thursday June 21^st at 6:30 PM at Fire Station #3 and will be hosted by Nimishillen Township. He asked Chief Peterson if he would take care of getting items needed and said Southeastern Equipment is sponsoring the dinner. The food will be furnished by Ermanno’s Pizza. The Board asked the township secretary to contact Pam Bossart and let her know there will be a tour of our new Fire Station No. 3.

OLD BUSINESS:

Convene Zoning Boards to look at Rules and Regulations for Home Businesses and Discuss the Yearly Fee: Trustee Gress said the open vacancy on the Zoning Commission had not been filled yet and wanted to go forth appointing that person to the ZC. Since there was only one applicant who applied for the Zoning Commission and had already been interviewed when he applied for the Zoning Board of Appeals, it would not be necessary to advertise to interview. After some discussion, the Board agreed to table appointing him until the next meeting on June 28^th.

Discussion was held regarding reconvening the zoning boards to discuss rules and regulations for home businesses. This was tabled until after the June 28^th meeting.

NEW BUSINESS:

There was no new business to discuss.

CURRENT EVENTS:

Trustee Gress said the township newsletter has been prepared and should be in the mail this week.

APPROVE JUNE 14, 2007 MINUTES:

TRUSTEE LYNCH MOTIONED to approve the written minutes for June 14, 2007, seconded by Trustee Gress. All voted yes. MOTION CARRIED. Res#07-257

APPROVE ALL PURCHASE ORDERS, FINANCIAL REPORT AND PAY BILLS:

TRUSTEE LYNCH MOTIONED to approve all purchase orders, financial report and pay bills in the amount of $80,013.04 (amended from $64,239.50), seconded by Trustee Gress. All voted yes. MOTION CARRIED. Res#07-258

SIGN CHECKS AND ADJOURN:

TRUSTEE LYNCH MOTIONED to sign checks and adjourn, seconded by Trustee Gress. All voted yes. MOTION CARRIED. Res#07-259

The meeting adjourned at 8:34 PM.

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

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Michael L. Lynch, Vice President

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Allen E. Gress, Trustee