MINUTES

Nimishillen Township Board of Trustees

April 10, 2008

On Thursday, April 10, 2008, the Board of Trustees of Nimishillen Township met in regular session at 7:00 P.M. at the Nimishillen Township Hall located at 4422 Maplegrove NE with the following members present: Trustee President Michael L. Lynch, Trustee Vice President Lisa R. Shafer, Trustee Allen E. Gress and Fiscal Officer Barry L. Evans.

Trustee Lynch called the meeting to order and led the staff and audience in the pledge of allegiance.

INVOCATION: Trustee Lynch gave the invocation.

GUEST SPEAKER:

Ø Raeann Guiley – Louisville Constitution Committee spoke on the events of Constitution Week and the involvement of the township and city. She proposed that Nimishillen Township donate $10,000.00 to match the City of Louisville’s donation and asked for the township’s support. Ms. Guiley passed out flyers. (Flyer attached)

Trustee Lynch explained this is a wonderful event and the township supports it 100% but the township would not be using taxpayers’ money. He said they (the Board) are making plans to help raise money through some type of fundraiser. More information on this will be forthcoming.

FIRE DEPARTMENT: (Chief Rich Peterson)

Appoint Brian Michna as Firefighter / EMT Candidate: TRUSTEE SHAFER MOTIONED TO APPOINT BRIAN MICHNA AS FIREFIGHTER / EMT CANDIDATE seconded by Trustee Gress. Roll call voting: Mrs. Shafer – YES, Mr. Gress – YES and Mr. Lynch – YES. MOTION CARRIED. RES#08-197

Update on insurance claim for Fire Station No. 3: Chief Peterson explained our insurance company will be reassessing their position on paying for the damages at Fire Station No. 3 and negotiations are in process. The Chief also said the transfer switch was received earlier today and will be installed immediately.

Fire Report: Chief Peterson said there were 127 incidents for March 2008. The Board accepted his report.

April 10, 2008 Trustees Minutes (Cont.)

ROAD DEPARTMENT: (Interim Road Superintendent, Jamie May)

Resolution to advertise for Road Material Bids: TRUSTEE GRESS MOTIONED TO ADVERTISE FOR ROAD MATERIAL BIDS, OPEN THE BIDS AT THE MAY 8, 2008 TRUSTEES’ MEETING AND AWARD THE 2008 ROAD MATERIAL BIDS AT THE MAY 22, 2008 TRUSTEES’ MEETING seconded by Trustee Shafer. Roll call voting: Mr. Gress – YES; Mrs. Shafer – YES and Mr. Lynch – YES. MOTION CARRIED. RES#08-198

Work Session: The Board agreed a work session is needed to go over road department issues and the 2008 paving program. The township secretary will set the date and time and advertise.

Road Report: TRUSTEE SHAFER MOTIONED TO ACCEPT THE ROAD REPORT FOR APRIL 10, 2008, AS WRITTEN, seconded by Trustee Gress. Roll call voting: Mrs. Shafer – YES, Mr. Gress – YES and Mr. Lynch – YES. MOTION CARRIED. RES#08-199 (Report attached)

ZONING DEPARTMENT: (Keith Lasure, Zoning Inspector)

Zoning Report: TRUSTEE SHAFER MOTIONED TO ACCEPT THE ZONING REPORT FOR APRIL 10, 2008, AS WRITTEN, seconded by Trustee Gress. Roll call voting: Mrs. Shafer – YES, Mr. Gress – YES and Mr. Lynch – YES. MOTION CARRIED. RES#08-200 (Report attached)

Zoning Report for Stark County Auditor: TRUSTEE SHAFER MOTIONED TO APPROVE THE MARCH 2008 ZONING REPORT FOR THE STARK COUNTY AUDITOR seconded by Trustee Gress. Roll call voting: Mrs. Shafer – YES, Mr. Gress – YES and Mr. Lynch – YES. MOTION CARRIED. RES#08-201 (Report attached)

Other topics of discussion:

Ø Molly Stark Variance – Board agreed to waive fees

Ø Motor Cross Track on Broadway – Waiting for legal opinion from the Stark County Prosecutor

Ø Ford Road Zone Change – Mr. Lasure to set work session to include Trustees and Regional Planning Commission

CONCERNS OF THE FISCAL OFFICER: (Barry Evans)

Transfers per Res.#08-113:

April 10, 2008:

$15,000 from 01-A-26 Other Expenses to 01-A-17 Auditors & Treasurer’s fees

April 10, 2008 Trustees Minutes (Cont.)

CONCERNS OF CITIZENS:

Terri Fidelholtz of 2828 Ravenna:

Ø Complimented the Board for not using taxpayers’ money to donate to Constitution Week

Donna Fuller of 5857 Rosedale:

Ø Thanked the Board for not using township funds to donate money to Constitution Week

Ø Commended Commissioner Todd Bosley for doing a good job

Terri Huckels of 8730 Easton:

Ø Asked the Board about the Babik settlement

Ø Asked what funds certain things come out of

CONCERNS OF TRUSTEES: (Mike Lynch, Lisa Shafer & Allen Gress)

There was nothing discussed under ‘Concerns of Trustees’.

OLD BUSINESS:

MVR Request / Release Form: After discussion, this was tabled to the April 24^th meeting to give the Board a chance to look over the forms.

Stark County Township Association (SCTA) dinner June 19^th @ 6:30 PM: Sponsor: Trustee Gress gave thanks to Tillie Kinsley for arranging for FirstMerit Bank to sponsor the dinner up to $400.00. Place: Mr. Gress called Fairhope United Methodist Church. They are willing to provide the meals at $8.00 per plate. Speaker: As of this date, no speaker has been decided on but Mr. Gress will make some more phone calls. Mr. Gress suggested the three trustees talk about issues we’re dealing with and things our township is trying to accomplish. Discussion followed.

RECYCLING:

Recycling News: Trustee Gress reported that Nimishillen Township ranks 6^th of 34 sites in Stark County for recycling. He also reported the fire department collects aluminum cans and donates them to the Burned Children’s Fund.

EXECUTIVE SESSION:

TRUSTEE LYNCH MOTIONED TO ENTER INTO EXECUTIVE SESSION WITH ATTORNEY JIM MATHEWS AT 8:25 PM TO DISCUSS THE SELECTIVE INSURANCE SETTLEMENT seconded by Trustee Gress. Roll call voting: Mr. Lynch – YES, Mr. Gress – YES and Mrs. Shafer – YES. MOTION CARRIED. RES#08-202

April 10, 2008 Trustees Minutes (Cont.)

TRUSTEE SHAFER MOTIONED TO RETURN FROM EXECUTIVE SESSION AT 8:34 PM seconded by Trustee Gress. Roll call voting: Mrs. Shafer – YES, Mr. Gress – YES and Mr. Lynch – YES. MOTION CARRIED. RES#08-203

Upon returning from Executive Session Attorney Mathews reported they’ve been waiting on documentation and a check from Selective Insurance Company to further address the conclusion of the lawsuit. He said the Groffre Lawsuit was settled some time ago. Following the settlement, he said we obtained some insurance policies that had been issued to the township by Selective Insurance Company of South Carolina and negotiations went forth. A sum of $50,000.00 was offered and the Trustees accepted the settlement offer. Court costs in the additional settlement will be paid by Selective.

Attorney Mathews then read the proposed Resolution to the Board of Trustees of Nimishillen Township. TRUSTEE LYNCH ASKED THE BOARD TO APPROVE THE RESOLUTION AS READ BY SAYING SO MOVED AS STATED BY ATTORNEY MATHEWS seconded by Trustee Gress. Roll call voting: Mr. Lynch – YES, Mr. Gress – YES and Mrs. Shafer – YES. MOTION CARRIED. RES#08-204 (See attached Resolution)

APPROVE MINUTES:

TRUSTEE LYNCH MOTIONED TO APPROVE THE MARCH 27, 2008 WRITTEN MINUTES seconded by Trustee Gress. Roll call voting: Mr. Lynch – YES, Mr. Gress – YES and Mrs. Shafer – YES. MOTION CARRIED. RES#08-205

APPROVE PURCHASE ORDERS, FINANCIAL REPORT AND PAY BILLS:

TRUSTEE LYNCH MOTIONED TO APPROVE ALL PURCHASE ORDERS, FINANCIAL REPORT AND PAY BILLS IN THE AMOUNT of $40,001.08 seconded by Trustee Gress. Roll call voting: Mr. Lynch – YES, Mr. Gress – YES and Mrs. Shafer– YES. MOTION CARRIED. RES#08-206

SIGN CHECKS AND ADJOURN:

TRUSTEE LYNCH MOTIONED TO SIGN CHECKS AND ADJOURN seconded by Trustee Gress. Roll call voting: Mr. Lynch – YES, Mr. Gress – YES and Mrs. Shafer – YES. MOTION CARRIED. RES#08-207

April 10, 2008 Trustees Minutes (Cont.)

The meeting adjourned at approximately 8:50 PM.

______________________________ __________________________________

ATTEST: Barry Evans, Fiscal Officer Michael L. Lynch, President

_________________________________

Lisa R. Shafer, Vice President

__________________________________

Allen E. Gress, Trustee