MINUTES

Nimishillen Township Board of Trustees

JULY 12, 2007

On Thursday, July 12, 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, Fiscal Officer Carlene Harmon and Township Attorney Jeff Jakmides.

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

INVOCATION: Trustee Lynch gave the invocation.

7:00 PM - EXECUTIVE SESSION:

TRUSTEE SHAFER MOTIONED to go into Executive Session at 7:03 PM with Attorney Jakmides to discuss pending litigation and road and fire department issues, seconded by Trustee Lynch. All voted yes. MOTION CARRIED. Res#07-274

TRUSTEE LYNCH MOTIONED to come out of Executive Session at approximately 7:21 PM, seconded by Trustee Gress. All voted yes. MOTION CARRIED. Re#07-275

TRUSTEE GRESS MOTIONED to authorize Attorney Jeff Jakmides to report a potential felony crime to the Stark County Sheriff Department and request they investigate that matter, seconded by Trustee Shafer. All voted yes. MOTION CARRIED. Res#07-276

TRUSTEE LYNCH MOTIONED to appoint Mike Durkin, a licensed private investigator from Minerva, Ohio, to investigate possible misconduct by Firefighter Christopher J. Peterson in connection with him obtaining unemployment benefits as a Nimishillen Township Firefighter, seconded by Trustee Gress. All voted yes. MOTION CARRIED. Res#07-277

FIRE DEPARTMENT: (Chief Rich Peterson)

Adopt a 90-day Probation Period for Civilian Part-time Employees: After discussion, the Board agreed to table this to the July 26, 2007 Trustees Meeting. Chief Peterson will have the written policy at that time.

Quotes to Repair A/C System at the Township Hall at Station #2: Chief Peterson had requested three quotes. Due to the high demand this time of year, Kiko was not able to come out. One quote was received from Ron the Furnace Man (a local company) for a standard model for $3,642.00 and the other quote is for a little bit of an upgrade for $4,810.00. The other unit needs the condenser motor for a quote of $458.10. After discussion, the Board agreed to table this to the next meeting so the Chief can get another quote.

Nimishillen Township Board of Trustees

July 12, 2007 (Cont.)

Helmet Cam Video System: Chief Peterson explained the function and purpose of the helmet cam video system and stated each helmet costs $150.00. He is hoping to purchase eight (8) helmets for the firefighters. The Chief said two firefighters bought the helmet for themselves. Trustee Lynch said he feels this would be an excellent purchase as long as it’s in the fire department budget.

Chief Peterson thanked Ed and Joanne Moody for the donation they made for the purchase of a video cam helmet.

ROAD DEPARTMENT: (Acting Road Superintendent, Jamie May)

Stark County Co-Operative Salt Purchasing: Jamie asked the Board for a Resolution to go with the Stark County Co-Operative Salt Purchasing program at a price of $36.33 delivered.

After discussion, TRUSTEE GRESS MOTIONED to purchase the salt through the Stark County Co-Operative Program at a cost of $36.33 per ton delivered, seconded by Trustee Lynch. All voted yes. MOTION CARRIED. Res#07-278

Road Report: TRUSTEE LYNCH MOTIONED to approve the Road Report for July 12, 2007, as presented, seconded by Trustee Gress. All voted yes. MOTION CARRIED. Res#07-279 (Copy attached)

ZONING DEPARTMENT: (Keith Lasure)

June 2007 Zoning Report for Stark County Auditor: TRUSTEE GRESS MOTIONED to approve the June 2007 Zoning Report for the Stark County Auditor, seconded by Trustee Lynch. All voted yes. MOTION CARRIED. Res#07-280

Zoning Report: TRUSTEE GRESS MOTIONED to approve the Zoning Report for July 12, 2007, as presented, seconded by Trustee Lynch. All voted yes. MOTION CARRIED. Res#07-281 (Copy attached)

EPA REPORT: (Keith Lasure)

Property on Beech Street Smoke Tested: Keith reported one property on Beech Street was smoke tested by the Stark County Health Department, but we have not yet received the report from Nick Hammer.

Two Properties Ordered to Replace their Septic System: Keith reported two properties on Meese Road and two properties on Pinevale Avenue were ordered to replace their septic systems. Mr. Lasure said there would probably be at least 20 more.

Nimishillen Township Board of Trustees

July 12, 2007 (Cont.)

Intern to Map Fallouts: Keith said he hopes that Intern, Caitlin Nay, will be mapping the township fallouts within the next ten (10) days. Some discussion followed.

CONCERNS OF FISCAL OFFICER: (Carlene Harmon)

Transfers Per Res#07-02: On July 1, 2007, Mrs. Harmon made the following transfer: $2,000 from 4-A-03A Unemployment Comp Road Dept. to 04-A-10 Insurance.

OPERS Increase: Mrs. Harmon reported next year the PERS contribution does go up for the employee to 10% and up to 14% for the employer. At present, the employer is at 13.75% and the employee is at 9.75%.

Cancellation of Road Bond #14036532 for Hahn Street: This was tabled to the July 12^th, 2007 Trustees’ Meeting to give Jamie May time to look it over.

Resolution to Hire Temporary Employee, Caitlin Nay: TRUSTEE LYNCH MOTIONED to hire temporary employee, Caitlin Nay, for storm sewer mapping at $8.19 per hour and 40Ë per mile effective Monday, July 9, 2007, seconded by Trustee Gress. All voted Yes. MOTION CARRIED. Res#07-282

After discussion, the Board agreed to let Caitlin use a township cell phone and have her sign the township equipment form.

Budget: Discussion was then held on the township budget. Because some township residents questioned whether or not the township could afford to hire Attorney Jakmides, Trustee Gress asked Mrs. Harmon to explain the budget. Mrs. Harmon explained the township can afford Attorney Jakmides at $800 / mo. and budget spending is right on target.

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)

Set Date for Work Session: A work session was set for Thursday, July 26^th at 5:30 PM to be held at the Township Hall located at Fire Station #2. The purpose for the work session is to discuss fire department staffing and other related fire issues, Louisville Middle School reuse committee, road department interim superintendent and other road department issues.

Nimishillen Township Board of Trustees

July 12, 2007 (Cont.)

OLD BUSINESS:

Set Meeting with Zoning Commission Regarding Updating the Nimishillen Township Zoning Resolution: After discussion, Keith Lasure and Sharon Shaub will set up the first of possibly three meetings for discussion on updating the Nimishillen Township Zoning Resolution. One meeting will include the Zoning Commission, another the Zoning Board of Appeals and the last meeting will include the Trustees, Regional Planning and Attorney Jakmides.

NEW BUSINESS:

There was no new business to discuss.

CORRESPONDENCE:

Trustee Lynch read a letter from Betty and Bob Krabill complimenting the Nimishillen Township Paramedics. (Copy attached)

At this time, the trustees took a five-minute break before opening the bids. Trustee Shafer reconvened the meeting at 8:00 PM.

8:00 PM – OPENING OF THE 2007 ROADWAY IMPROVEMENT BIDS:

Opening of the 2007 Roadway Improvement Bids: (Tallied copy attached)

J. D. Mining: Part A for 795 cubic yards of asphalt concrete – unit price $155.00 – amount bid $91,425.00. Part B for 1,029 cubic yards – unit price $109.00 – amount bid $112,161 for a GRAND TOTAL BID OF $203,586.00.

Central Allied: Part A for 795 cubic yards of asphalt concrete – unit price $86.50 – amount bid $68,767.50. Part B for 1,029 cubic yards – unit price $85.00 – amount bid $87,465.00 for a GRAND TOTAL BID OF $156,232.50.

Superior Paving: Part A for 795 cubic yards of asphalt concrete – unit price $84.80 – amount bid $67,416.00. Part B for 1,029 cubic yards – unit price $83.90 – amount bid $86,333.10 for a GRAND TOTAL BID OF $153,749.10.

North Star Asphalt, Inc.: Part A for 795 cubic yards of asphalt concrete – unit price $101.30 – amount bid $80,533.50. Part B for 1,029 cubic yards – unit price $95.20 – amount bid $97,960.80 for a GRAND TOTAL BID OF $178,494.30.

The Shelly Co.: Part A for 795 cubic yards of asphalt concrete – unit price $94.85 – amount bid $75,405.75. Part B for 1,029 cubic yards – unit price $96.00 – amount bid $98,784.00 for a GRAND TOTAL BID OF $174,189.75.

Nimishillen Township Board of Trustees

July 12, 2007 (Cont.)

After discussion, TRUSTEE GRESS MOTIONED to award the 2007 Road Improvements Project to SUPERIOR PAVING located in North Canton, Ohio for a total bid price of $153,749.10 with the idea of possibly adding more roads at the same per ton price with Trustee Shafer asking to only approve those roads which we currently have in the budget of what the bids were actually submitted for (nothing additional) because it would have to be re-bid for anything additional, confirmed by Attorney Jakmides. The motion died for lack of a second.

With that, TRUSTEE GRESS MOTIONED TO AWARD SUPERIOR PAVING in North Canton the 2007 contract, as bid, for a total price of $153,749.10, seconded by Trustee Lynch. All voted yes. MOTION CARRIED. Res#07-283

CURRENT EVENTS:

Fire Loss & Demolition Resolution: (See attached) After explanation by Trustee Gress and discussion, this was tabled so Chief Peterson could review it and check with other townships to see how it’s working for them. The Chief said it’s a good idea because it does protect the township. Trustee Gress said there is no cost whatsoever to the township. Attorney Jakmides said he would prepare a Resolution, have Rich review it and present it at the August 9^th, 2007 Trustees’ Meeting for Board action.

APPROVE JUNE 28, 2007 MINUTES:

TRUSTEE LYNCH MOTIONED to approve the written Minutes for June 28, 2007, seconded by Trustee Gress. All voted yes. MOTION CARRIED. Res#07-284

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 $84,752.33, seconded by Trustee Gress. All voted yes. MOTION CARRIED. Res#07-285

SIGN CHECKS AND ADJOURN:

TRUSTEE LYNCH MOTIONED to sign checks and adjourn, seconded by Trustee Gress. All voted yes. MOTION CARRIED. Res#07-286

The meeting adjourned at 8:30 PM.

Nimishillen Township Board of Trustees

July 12, 2007 (Cont.)

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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