MINUTES

Nimishillen Township Board of Trustees

July 26, 2007

On Thursday, July 26, 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 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.

EXECUTIVE SESSION:

TRUSTEE SHAFER MOTIONED TO ENTER INTO executive session at 7:02 PM with both Attorney Jakmides and Laslo to discuss pending litigation and road and fire department personnel issues, seconded by Trustee Lynch. Roll call voting: Trustee Shafer – yes, Trustee Lynch – yes and Trustee Gress - yes. MOTION CARRIED. Res#07-287

TRUSTEE LYNCH MOTIONED TO RETURN FROM executive session at 7:45 PM, seconded by Trustee Gress. Roll call voting: Trustee Lynch – yes, Trustee Gress – yes and Trustee Shafer – yes. MOTION CARRIED. Res#07-288

FIRE DEPARTMENT: (Chief Rich Peterson)

Update on A/C at Fire Station #2: Chief Peterson thanked Art Lynch for recommending Jim Lingle from Classic Plumbing & Heating. The Chief said he did get a couple more quotes with them saying the same thing as the first quote presented at the last meeting. Mr. Lingle said the problem was a burnt wire, capacitor and needed recharged. The Chief said the A/C is now fixed and we’re $6,000 to the good.

Septic update at Station #2: Trustee Gress said a letter has been prepared with an offer to begin negotiations for the purchase of a 180 x 200 piece of land bordering Nimishillen Township Fire Station #2 located on Maplegrove, which they’ve already said they’re not interested. The owner of the property has been on vacation for the past two weeks.

Use of Molly Stark property for fire training: Chief Peterson said they are using the Molly Stark facility to do some fire training, which was approved by the Stark County Commissioners. There was some training this past Tuesday evening. The Chief said he would call the Board before the next training so they can come and watch.

Chief Peterson asked the Board to write a letter to the Stark County Commissioners requesting use of the Molly Stark grounds for the upcoming Community Awareness Day on September 29^th. Trustee Gress said he would get with Sharon and draft a letter.

Minutes

July 26, 2007 (Cont.)

ROAD DEPARTMENT: (Interim Road Superintendent Jamie May)

Chip and Seal: Jamie reported the road crew will soon be starting to chip and seal and said everything is on schedule.

Road Report:

TRUSTEE LYNCH MOTIONED TO APPROVE the July 26, 2007 Road Report as written, seconded by Trustee Gress. Roll call voting: Trustee Lynch – yes, Trustee Gress – yes and Trustee Shafer – yes. MOTION CARRIED. Res#07-289 (Copy attached)

ZONING DEPARTMENT: (Keith Lasure)

Miller Farm – 6720 Columbus Road: Keith Lasure asked the Board to allow Attorney Jakmides to start to file a lawsuit against the Miller farm. Mr. Lasure said he talked to Attorney Jakmides and said the Health Department has also been involved. Mr. Lasure said according to the O.R.C., the Fire Department also falls under this.

Attorney Jakmides said the property is a fire hazard and is essentially a junkyard. There’s been a fire at this location recently and in the opinion of the Fire Chief, the property remains a fire hazard. Attorney Jakmides said (10) years ago, he saw Mr. Miller about the same problem and the situation is now worse that it was then. He also said that it appears that any amount of persuasion or talking has not done any good and it’s at a point now where, in the opinion of the Fire Chief, it represents an actual hazard. Attorney Jakmides asked the Board to consider to authorize him to file a suit but said he would make one more effort to talk to Mr. Miller and tell him enough is enough, the property must be cleaned up and explain to him it would no longer be at the township level but he (Mr. Miller) would be dealing with the Judge in Common Pleas Court. Jakmides said he will not give legal advice and if Mr. Miller doesn’t cooperate, he will urge Mr. Miller to contact an attorney.

Trustee Lynch said he would like to have Attorney Jakmides talk to Mr. Miller and if that doesn’t do any good, to move forward.

Trustee Gress asked Attorney Jakmides about the cost. Jakmides said if the Plaintiff avails, they could ask the Court to assess the cost of litigation against the losing party.

After discussion, TRUSTEE LYNCH MOTIONED TO AUTHORIZE Attorney Jakmides to visit the Miller residence and try to reason with him one more time and if he does not prevail, to then take legal action and put an end to the problem, seconded by Trustee Gress. Roll call voting: Trustee Lynch – yes, Trustee Gress – yes and Trustee Shafer – yes. MOTION CARRIED. Res#07-290

Minutes

July 26, 2007 (Cont.)

365-day garage sale on Easton: Trustee Shafer asked Keith about the progress of the 365-day garage sale on Easton. Lasure said he contacted the owner about four (4) weeks ago and she said she was dickering with a company in Alliance for a building to possibly run a continuous seven-day a week garage sale. Lasure told her she had to remove all of the items from her yard but the problem is she has no place to put everything. Lasure said the only other option is to abate it. He said the garage behind the house is full floor to ceiling with stuff. Mr. Lasure said she’s been given ample warning.

Trustee Shafer requested the Board take a look at the property before it is abated.

Cemetery at 153 & Broadway: Trustee Gress then referred to #18 on the Zoning Report regarding the cemetery at 153 & Broadway stating a lady called and asked who owned it because she would like to clean it up so she can study some of the headstones. Trustee Gress said the cemetery originally belonged to the Methodist Church. Discussion followed.

Peacocks: Discussion was then held about item #1 on the Zoning Report about 13 wild Peacocks running loose in the vicinity of Schloneger and Meese.

Zoning Report: TRUSTEE GRESS MOTIONED TO ACCEPT the Zoning Report for July 26, 2007, as written, seconded by Trustee Shafer. Roll call voting: Trustee Gress – yes, Trustee Shafer – yes and Trustee Lynch – yes. MOTION CARRIED. Res#07-291 (Copy attached)

EPA REPORT: (Keith Lasure)

EPA Coordinator, Keith Lasure, said he was out the other night until almost 5 PM with Nick Hammer from the Stark County Health Department regarding a complaint about people living in trailers on Ford Street. Lasure said there’s actually about 30 trailers and only one of them was hooked up to septic and the rest were not. The Health Department will be sending letters to those folks.

CONCERNS OF FISCAL OFFICER: (Carlene Harmon)

Fiscal Officer, Carlene Harmon, had no items for tonight’s agenda.

CONCERNS OF CITIZENS:

1) Russ Goffus of 6007 Schloneger Drive stated as a gesture to promote a positive initiative, a number of members of CBNT (Citizens for a Better Nimishillen Township) endorse the idea of helmet cameras for the firefighters and asked the Township Trustees to accept a donation of $150.00 on behalf of 17 members of CBNT represented at their last meeting on July 16^th. Mr. Goffus said CBNT feels this is a very

Minutes

July 26, 2007 (Cont.)

good idea and is big on liability issues and feels this can help alleviate some liabilities. The Board thanked CBNT for their donation.

2) Donna Fuller of 5875 Rosedale spoke on the following:

Ø Thanked Trustee Shafer for checking a problem in her neighborhood regarding water coming down from Pilot Knob through a field and ends up on Noel. The problem is from St. Josephs Care Center. Mrs. Fuller showed the Board pictures and would like the Board to find out St. Josephs plans to alleviate the excess water.

Trustee Lynch said he and Commissioner Bosley have a meeting with St. Josephs next Wednesday to look at the problem, inquire about county funding and Trustee Lynch said he will do his best to help alleviate the problem.

Ø Talked about the added construction at St. Josephs.

Trustee Shafer said she called Stark Soil & Water and said they had no knowledge of any building or expansion project for St. Josephs and said proper planning may not have occurred. She said Trustee Gress also made calls to Stark Soil & Water and Trustee Lynch would be meeting with Commissioner Bosley. Hopefully we can resolve this and have a good solution to the problem.

Ø Talked about the City of Louisville zoning meeting.

Ø Does not feel anyone should ask the township for a monetary donation for the Balloon Fest.

3) Kevin Ellis of 1014 Danielle spoke on City and Township as cooperative partners for discerning progress and the St. Josephs Care Center expansion. (Copy of topic attached)

4) Mark Rumble of 3094 Ravenna spoke on future plans between the City of Louisville and Nimishillen Township:

Ø Feels the Trustees and a group of people should go to the Louisville City Council and tell them enough is enough and because the City and Township do not get along, residents should not have to suffer the consequences.

Ø Talked about acquisition by the City of Louisville regarding the property along Ravenna Avenue – annexing the whole side of Rt. 44 all the way to Louisville and changing the zoning in that area.

Trustee Lynch said we need people to attend the October 2^nd annexation meeting, which will be held at the Township Hall at 7:00 PM, and address the Stark County Commissioners and let their feelings be known. Mr. Rumble feels planning should start way before the Oct. 2^nd hearing and the Board agreed. Much discussion followed.

Minutes

July 26, 2007 (Cont.)

Trustee Gress said the Board is willing to sit and talk and reach out to the City of Louisville to see what can be done, but they do not seem to be willing to meet. The Board agreed and Trustee Shafer added the support of all of the township residents is needed and say enough is enough, whether or not they live in the Ravenna area or not, and everyone needs to pull together as a ‘community’.

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

Constitution Day Committee’s request for a donation and participation in the parade: Trustee Gress said the Constitution Day Committee is an independent group and has requested a donation and asked for the township’s participation. He said in the past, there were concerns about the legality of this and today he asked the Supervisor of the State of Ohio if this was a legal expenditure. Trustee Gress said he would not say yes, but he didn’t say no. Trustee Gress asked if the township would donate money, would the township be cited? Again . . . not a yes and not a no. He said this is a gray area and taking that into consideration, Trustee Gress said he didn’t think we’d want to chance donating money.

Trustee Gress said its not that we don’t have compassion for the Constitution and what it stands for, which is a community celebration involving many township people in all of the activities, but because of a ‘glitch’ in the law, we are unable to use township funds to financially support this event.

Trustee Lynch said even though the township cannot use taxpayers’ money, maybe a fundraiser could be put together to try to raise money for this event. Lynch said he would be happy to do whatever he could to help.

Resolution to accept Dennis Haas’ resignation from the Zoning Board of Appeals and advertise: Trustee Shafer said long-time Zoning Board of Appeals member, Dennis Haas, is resigning because he is relocating from Louisville to South Carolina and submitted his resignation effective August 14, 2007. Trustee Shafer expressed he was an asset to the Board and hated to see him resign. The Board agreed.

TRUSTEE SHAFER MOTIONED TO ACCEPT THE RESIGNTATION of Dennis Haas, effective August 14, 2007, seconded by Trustee Lynch. Roll call voting: Trustee Shafer – yes, Trustee Lynch – yes and Trustee Gress –yes. MOTION CARRIED. Res#07-292

TRUSTEE SHAFER MOTIONED TO ADVERTISE after August 12, 2007 for thirty (30) days to fill the open term on the Zoning Board of Appeals, which will expire December 31, 2008, seconded by Trustee Lynch. Roll call voting: Trustee Shafer – yes, Trustee Lynch – yes and Trustee Gress – yes. MOTION CARRIED. Res#07-293

Appointing a negotiation team for union negotiations: Trustee Gress said he feels it’s time for the Board to talk about forming a negotiation team for union negotiations. This was discussed in the work session prior to tonight’s meeting. Trustee Gress said

Minutes

July 26, 2007 (Cont.)

there are a number of concerns – one being the cost to the township and also the fact that when the initial contract is done and the terms are in print, it’s crucial and would be difficult to change. Discussion followed and Trustee Shafer said she stands by what she said at the work session.

TRUSTEE SHAFER MOTIONED TO APPOINT Attorney Tracey Laslo to head up our union negotiations concerning collective bargaining, seconded by Trustee Lynch. Roll call voting: Trustee Shafer – yes, Trustee Lynch – yes and Trustee Gress – no. MOTION CARRIED. Res#07-294

Household hazardous waste collection: Trustee Shafer reported on the household hazardous waste collection held by the Stark-Tusc-Wayne Joint Solid Waste Management District. The collection dates are August 9-11 at Stark State and September 27-29 at the Timken Company on Dueber. The collection will run from 8 AM – 4PM on all days. Acceptable items include paint, computers, batteries, motor oil, fertilizers and paint thinners. You can also get a complete list of acceptable and non-acceptable items by visiting their web site at www.timetorecycle.org.

Insurance company hazard review: Trustee Gress explained that the insurance carrier for the township held a hazard review meeting on Tuesday, July 24^th regarding township policies and procedures and reviewed employment manuals. He also toured the township facilities. A report will be forthcoming.

Francesca project: Trustee Shafer said this was also discussed at the work session prior to tonight’s meeting. After discussion, Trustee Shafer requested that Tillie and Jamie put together bid specs and when those are complete, to go ahead and advertise. However, Trustee Shafer did request to be notified when the specs are complete and before advertising. The Francesca plans from the Stark County Engineer’s office are at the township office.

Annexation: Trustee Shafer said the annexation issue was already discussed when Mark Rumble spoke but to make everyone aware, she explained 24 acres on Ravenna is the next annexation being targeted by the City of Louisville’s aggressive annexation policy. She said she’ll be getting with Mark Rumble stating you haven’t heard the last of this and said we definitely don’t want to lose any more township property. The Township Trustees are definitely opposing this annexation.

St. Josephs Care Center: Trustee Shafer said resident Donna Fuller spoke on this earlier as well as Mr. Ellis. She said the Board is not saying that St. Josephs is performing bad care or anything like that – we’re just saying be a good neighbor and make sure your drainage problems are taken care of before you expand.

Minutes

July 26, 2007 (Cont.)

OLD BUSINESS:

Cancellation of Road Bond #14036532: Fiscal Officer, Carlene Harmon, asked the Board for a Resolution for the cancellation of Road Bond #14036532 and said Jamie approved the cancellation. TRUSTEE GRESS MOTIONED TO CANCEL Road Bond #14036532 dated July 14, 2005 from Great Lakes Energy for $12,500.00 for an oil well on Hahn Street, seconded by Trustee Lynch. Roll call voting: Trustee Gress – yes, Trustee Lynch – yes and Trustee Shafer – yes. MOTION CARRIED. Res#07-295

APPROVE JULY 12, 2007 MINUTES:

TRUSTEE LYNCH MOTIONED TO APPROVE the July 12, 2007 Minutes, as written, seconded by Trustee Gress. Roll call voting: Trustee Lynch – yes, Trustee Gress – yes and Trustee Shafer – yes. MOTION CARRIED. Res#07-296

APPROVE ALL PURCHASE ORDERS, FINANCIAL REPORT AND PAY BILLS:

TRUSTEE LYNCH MOTIONED TO APPROVE all purchase orders, the financial report and pay bills in the amount of $95,853.38, seconded by Trustee Gress. Roll call voting: Trustee Lynch – yes, Trustee Gress – yes and Trustee Shafer – yes. MOTION CARRIED. Res#07-297

SIGN CHECKS AND ADJOURN:

TRUSTEE LYNCH MOTIONED TO SIGN CHECKS and to adjourn, seconded by Trustee Gress. Roll call voting: Trustee Lynch –yes, Trustee Gress – yes and Trustee Shafer – yes. MOTION CARRIED. Res#07-298

The meeting adjourned at 9:00 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