MINUTES

Nimishillen Township Board of Trustees

February 28, 2008

On Thursday, February 28, 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 Allen E. Gress and Fiscal Officer Barry Evans.

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

INVOCATION: Mr. Lynch gave the invocation.

INTERVIEWS FOR ZC:

Mr. Gress reported the Board of Trustees met earlier this evening at 6:00 to interview three applicants for the open seat on the Zoning Commission. The Board asked township secretary, Sharon Shaub, to get a legal opinion from the Stark County Prosecutor’s office because there might be a conflict of interest regarding one of the applicants with his job and possibly being a nominee for the Zoning Commission. This was tabled until a legal opinion is received and also because Mrs. Shafer was absent from tonight’s meeting.

EXCUSED FROM TONIGHT’S MEETING:

Mr. Lynch excused Mrs. Shafer from tonight’s meeting because she was attending another meeting (Community Development Block Grant) on behalf of the township to learn about possible grant money for the township’s many projects coming up.

Mr. Lynch reported Fire Chief, Rich Peterson, would be late tonight because he had a meeting to discuss providing dispatching services to the Waynesburg Police Department.

Mr. Lynch excused Interim Road Superintendent, Jamie May, from tonight’s meeting. Due to the amount of snow we’ve had, the road crew has been working many hours and might be called out again tonight or early morning to plow and salt township roads.

ROAD DEPARTMENT: (Interim Road Superintendent, Jamie May)

Road Report: MR. GRESS MOTIONED TO ACCEPT THE WRITTEN ROAD REPORT FOR FEBRUARY 28, 2008 seconded by Mr. Lynch. Roll call voting: Gress – yes and Lynch – yes. MOTION CARRIED. RES#08-160 (Copy attached)

February 28, 2008 Trustees Minutes (Cont.)

ZONING DEPARTMENT: (Keith Lasure, Zoning Inspector)

Zoning Report: MR. GRESS MOTIONED TO ACCEPT THE WRITTEN ZONING REPORT FOR FEBRUARY 28, 2008 seconded by Mr. Lynch. Roll call voting: Gress – yes and Lynch – yes. MOTION CARRIED. RES#08-161 (Copy attached)

Government Law Seminar on Saturday, February 23^rd: Keith Lasure gave an update on a seminar attended by most members of the Zoning Commission, Board of Zoning Appeals, Trustee Lynch and himself and said it was very informative

Resolution to appoint Keith Lasure as Nuisance Inspector: Mr. Lynch said one of the things they learned at the seminar is the zoning inspector’s other duties need to be defined stating Mr. Lasure has been doing jobs outside of his zoning duties; therefore, it is necessary to pass a resolution appointing him as Nuisance Inspector also.

MR. GRESS MOTIONED TO APPOINT KEITH LASURE AS NUISANCE INSPECTOR seconded by Mr. Lynch. Roll call voting: Gress – yes and Lynch – yes. MOTION CARRIED. RES#08-162

Inspection at 4151 Broadway - $200.00: This property has been in foreclosure for over six months. There’s a law that says a government entity can buy a property for $1.00 that has been in foreclosure over six months.

Mr. Lynch asked Mr. Lasure to do research in hopes the township could buy the property for $1.00 and turn it over to a church to use for a Christian-based Youth Group. However, there are some problems with the house and per Mr. Lynch’s request, Mr. Lasure asked permission to call Tim Barr, who has a home inspection business, to inspect the house and let us know the condition of the inside and what repairs would need to be made. Mr. Lasure also said he called Chapman Law Firm to find out what else the property could be used for, i.e. maybe a retention pond. As of this date, the Chapman Law Firm has not returned the call.

MR. GRESS MOTIONED TO HIRE MR. BARR TO INSPECT THE HOUSE AT 4151 BROADWAY AT A COST OF $200.00 seconded by Mr. Lynch. Roll call voting: Gress – yes and Lynch – yes. MOTION CARRIED. RES#08-163

Township Zoning Maps: Mr. Lynch stated due to all the annexations taking place, our zoning maps are now outdated. Mr. Lasure talked to Regional Planning and reported it would cost approximately $800.00 to update our maps, but once the maps are updated, the only other cost would be if we purchase maps from them. The Board agreed for Mr. Lasure to contact Regional Planning and at least get our name on the list but to NOT proceed at this time. This was tabled to discuss again in a couple of months.

February 28, 2008 Trustees Minutes (Cont.)

EPA REPORT: (Keith Lasure, EPA Coordinator)

Mr. Lasure reported on several EPA complaints with one being a property on Louisville Street & Swallen regarding garbage in the front yard that the Stark County Health Department handles, which falls under toxic materials.

A letter was received from the Stark County Health Department today informing us that the people have been notified to clean up the property.

FIRE DEPARTMENT: (Chief Rich Peterson)

Hire Andrew Shuster – Part-time Civilian Dispatcher:

MR. GRESS MOTIONED TO HIRE ANDREW SHUSTER AS A PART TIME CIVILIAN DISPATCHER AT $11.20 / HR. EFFECTIVE MARCH 1, 2008 seconded by Mr. Lynch. Roll call voting: Gress – yes and Lynch – yes. MOTION CARRIED. RES#08-164

Mr. Lynch then swore in Mr. Shuster. Mr. Shuster received a round of applause by those in attendance at tonight’s meeting.

Soft Billing for EMS Runs: Mr. Lynch explained that EMS services are free to township residents through tax levies. He said soft billing is the process of billing a person’s insurance company and getting the benefits that an insurance company provides. No monies would come out of pocket for those residents. Mr. Lynch said Chief Peterson has been against soft billing because residents are paying for a fire levy and should not be asked to pay again.

After discussion, the Board agreed to have Chief Peterson get an opinion from the Stark County Prosecutor’s office to find out if this could even be considered.

Repairs to Fire Engine #531: Chief Peterson reported the 1983 Pierce Fire Engine developed some major leaks in the pump. The engine had to be taken out of service for repairs totaling $7,854.56. Twenty-eight items had to be replaced and/or repaired. The Chief said it now does pass pump test and is now certified.

MR. GRESS MOTIONED TO AUTHORIZE PAYMENT OF $7,854.56 TO FINLEY FIRE EQUIPMENT FOR THE REPAIR OF THE PUMP FOR ENGINE #531 seconded by Mr. Lynch. Roll call voting: Gress – yes and Lynch – yes. MOTION CARRIED. RES#08-165

Update on Water Leak at Fire Station No. 3: Chief Peterson gave an update on the needed repairs for Station No. 3 stating the problems have not yet been corrected. He said a sump pit has helped with some of the water problems. The damages have amounted to $70,000.00. Our insurance company is reviewing to see exactly what they will cover. Chief Peterson said the key now is to determine where the water is coming from stating we do have a redundancy plan. (See attached letter from Spring Electric Company dated February 25, 2008)

February 28, 2008 Trustees Minutes (Cont.)

CONCERNS OF THE FISCAL OFFICER: (Barry Evans)

Transfers per Res.#08-113:

February 19, 2008:

$250.00 from 1-D-09 Other Expenses to 1-A-07 Indigent Burial Expenses

CONCERNS OF CITIZENS:

Terri Huckels of 8730 Easton spoke on the following:

Ø St. Joseph project

Ø Buying of property at 4151 Broadway

Ø 12% increase for Fire Department personnel

Ø Request for records

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

Barking Dogs: Mr. Gress said he has received several complaints about barking dogs and explained the township has no authority to enforce a policy on barking dogs.

It is suggested that residents first call the dog warden; however, the dog warden most likely will not respond. The second suggestion is to call the Sheriff Department. The Sheriff’s Department will respond but maybe not immediately.

Mr. Gress further explained townships under home rule could have a police department and can enforce barking dog policies. Nimishillen Township is not a home rule township. However, Zoning Inspector / Nuisance Inspector, Keith Lasure, will talk to residents with barking dogs and ask them to have consideration for their neighbors but that’s all the township can do. Mr. Lasure read a portion of a letter from the Sheriff Department. (Letter attached)

Pending School Board News – Meetings set for March 25^th & 31^st @ 7 PM: Mr. Gress stated these meetings are very important and urged township residents to attend these meetings. The meetings are designed to review the future facility plans for the Louisville Schools. (Letter attached)

Trenching & Excavating Training through the Stark County Safety Council: After discussion regarding the importance for our full time road employees to attend the training, MR. LYNCH MOTIONED TO AUTHORIZE SENDING THE THREE FULL TIME ROAD DEPT. EMPLOYEES TO THE TRENCHING & EXCAVATING TRAINING ON MONDAY, MARCH 24^TH, FROM 8A-5P AT $90.00 PER PERSON seconded by Mr. Gress. Roll call voting: Lynch - yes and Gress – yes. MOTION CARRIED. RES#08-166

Mr. Gress explained this is more than training on equipment – there’s safety involved – and our insurance plan requires us to have certain safety programs for township employees.

February 28, 2008 Trustees Minutes (Cont.)

APPROVE MINUTES:

MR. LYNCH MOTIONED TO APPROVE THE WRITTEN MINUTES FOR FEBRUARY 14,2008 seconded by Mr. Gress. Roll call voting: Lynch – yes and Gress – yes. MOTION CARRIED. RES#08-167

APPROVE PURCHASE ORDERS, FINANCIAL REPORT AND PAY BILLS:

MR. GRESS MOTIONED TO APPROVE ALL PURCHASE ORDERS, FINANCIAL REPORT AND PAY BILLS IN THE AMOUNT OF $21,257.07 seconded by Mr. Lynch. Roll call voting: Gress – yes and Lynch – yes. MOTION CARRIED. RES#08-168

SIGN CHECKS AND ADJOURN:

MR. GRESS MOTIOEND TO SIGN CHECKS AND ADJOURN seconded by Mr. Lynch. Roll call voting: Gress – yes and Lynch – yes. MOTION CARRIED. RES#08-169

The meeting adjourned at approximately 8:30 PM.

______________________________ __________________________________

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

__________ABSENT_________________

Lisa R. Shafer, Vice President

__________________________________

Allen E. Gress, Trustee