MINUTES

Nimishillen Township Board of Trustees

March 27, 2008

On Thursday, March 27, 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 SPEAKERS:

Ø Bethany Perkowski from the Stark County Health Department spoke on the work they do for the township regarding the Phase II Storm Water Program. The cost for a one-year permit is $2,890.00. She said if the Board approves renewing the permit, a contract would be drawn up for the Board to sign. (Info attached)

TRUSTEE SHAFER MOTIONED TO RENEW THE PHASE II STORM WATER PROGRAM FOR 2008 – 2009 WITH THE STARK COUNTY HEALTH DEPARTMENT AT A COST OF $2,890.00 seconded by Trustee Gress. Roll call voting: Mrs. Shafer – YES, Mr. Gress – YES and Mr. Lynch – YES. MOTION CARRIED. RES#08-187

Ø Pastor Scott Spencer spoke about property located at 4151 Broadway stating it’s a HUD house. Pastor Spencer specializes working with young people. He formed activities for kids called the 109 Strobe Light Dodge Ball, which is held at the Louisville Middle School. Pastor Spencer explained one of the things he would like to use the house for is office space if the township can buy the property for $1.00 and then donate to him. He explained that since it is a HUD property, only a government agency could purchase the property for $1.00 and then sell or donate said home. Pastor Spencer said he would pay for any costs incurred in fixing up the house / property. A question and answer session was held.

FIRE DEPARTMENT: (Chief Rich Peterson)

Approval to Renew Annual Maintenance Agreement with B & C Communications: Chief Peterson asked the Board for a resolution to approve renewing the annual maintenance agreement with B & C Communications. He said this equipment provides 24/7 service.

March 27, 2008 Trustees Minutes (Cont.)

TRUSTEE SHAFER MOTIONED TO RENEW THE ANNUAL MAINTENANCE AGREEMENT WITH B & C COMMUNICATIONS IN THE AMOUNT OF $3,780.00 seconded by Trustee Gress. Roll call voting: Mrs. Shafer – YES, Mr. Gress – YES and Mr. Lynch – YES. MOTION CARRIED. RES#08-188

Quotes for Lawn Care at the Township Fire Stations / Hall: After discussion, the Board approved Chief Peterson to call around for quotes for lawn care at Nimishillen Township Fire Stations #1, #2 and #3.

Update on Quote for Repairs to Electrical Equipment / Water Issues at Station #3: Chief Peterson said he received a letter from Spring Electric revising their quote for labor and materials based on the work that has been completed and work required to finish the project. The attached letter gives the breakdown of work to be done and work yet to be completed. (Letter attached)

After discussion and because our insurance company feels they are not responsible to pay for the recent damages to Fire Station #3, TRUSTEE GRESS MOTIONED TO EMPOWER ATTORNEY JAMES ROBERTSON TO INVESTIGATE RECOVERY OF FUNDS FOR THE COST OF DAMAGES TO FIRE STATION #3 seconded by Trustee Shafer. Roll call voting: Mr. Gress – YES, Mrs. Shafer – YES and Mr. Lynch – YES. MOTION CARRIED. RES#08-189

Fire / EMS Pancake Breakfast: Chief Peterson reported the Fire / EMS free pancake breakfast will be held on Sunday, May 18^th from 8:00 AM to 12:00 Noon at Station #3 located at 8000 Columbus Road NE.

ROAD DEPARTMENT: (Interim Road Superintendent, Jamie May)

Road Report: TRUSTEE GRESS MOTIONED TO APPROVE THE WRITTEN ROAD REPORT FOR MARCH 27, 2008 seconded by Trustee Shafer. Roll call voting: Mr. Gress – YES, Mrs. Shafer – YES and Mr. Lynch – YES. MOTION CARRIED. RES#08-190 (Report attached)

Cost of Cold Patch & Hot Mix: Interim Road Superintendent, Jamie May, reported the cost of cold patch for 2008 is $75.00 per ton and the cost for hot mix for 2008 is $44.00 per ton.

Oil Well on Maplegrove: Great Lakes Energy used heavy equipment to drill and put in an oil well on Maplegrove and agreed to pay for all damages to the road.

Letter to Road Department: Trustee Gress read a letter received from Clif & Lynn Baum commending the road crew for keeping the roads cleaned and plowed this winter. (Copy attached)

March 27, 2008 Trustees Minutes (Cont.)

Seminar on March 24^th: Jamie reported he, Brad Bair and Dan Wayt attended an all day seminar on trenching and excavating on Monday, March 24, 2008 and said it was interesting and they learned a lot.

Request from Paradigm Regarding Pipeline Operators Seminar: Trustee Gress said he received information from Paradigm regarding an upcoming training seminar on pipeline emergency response and damage prevention. He thought it would be a good idea to send at least one employee from the road crew or possibly the fire department. Jamie said he would look into it and let the Board know. (Flyer attached)

ZONING DEPARTMENT: (Keith Lasure, Zoning Inspector)

Excuse Zoning Inspector: Due to vacation, Trustee Lynch excused Zoning Inspector, Keith Lasure, from tonight’s meeting.

Zoning Report for Stark County Auditor: TRUSTEE LYNCH MOTIONED TO APPROVE THE FEBRUARY 2008 ZONINGING REPORT FOR THE STARK COUNTY AUDITOR seconded by Trustee Gress. Roll call voting: Mr. Lynch – YES, Mr. Gress – YES and Mrs. Shafer – YES. MOTION CARRIED. RES#08-191 (Copy attached)

CONCERNS OF THE FISCAL OFFICER: (Barry Evans)

Transfers per Res.#08-113: (None)

Resolution to Accept the 2008 Permanent Appropriations: Fiscal Officer, Barry Evans, requested a resolution for the 2008 Permanent Appropriations.

TRUSTEE SHAFER MOTIONED TO ACCEPT THE 2008 PERMANENT APPROPRIATIONS IN THE AMOUNT OF $3,125,836.70 seconded by Trustee Gress. Roll call voting: Mrs. Shafer – YES, Mr. Gress – YES and Mr. Lynch – YES. MOTION CARRIED. RES#08-192 (Resolution attached)

CONCERNS OF CITIZENS:

Terri Huckels of 8730 Easton spoke on the following:

Ø Station #3 repairs and staffing

Ø Jeffries doing work at Station #3 (Chief Peterson explained the township hired Spring Electric and Spring Electric uses the Joseph A. Jeffries Company to do excavation work for them)

Ø Article in the newspaper about the emergency meeting held on Friday, March 14^th, regarding damages to Fire Station #3

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

Update on St. Joseph’s Care Center – County Drainage Project: Trustee Lynch reported we received a legal opinion from the Stark County Prosecutor where we

March 27, 2008 Trustees Minutes (Cont.)

requested advice concerning the legality of entering into a contract with the County, City of Louisville and St. Joseph’s Care Center for the purpose of undertaking a drainage project for the benefit of all parties.

The letter states it is legal for the township to enter into an agreement including all the named parties. (Letter attached)

Cellular Telephone Recycling / Fundraising: Trustee Gress reported he received an email regarding cellular telephone recycling/fundraising wanting to know if Nimishillen Township would be interested in conducting a cell phone recycle drive among the residents and businesses. After discussion, it was noted that you could also drop off your old cell phones at the library rather than just throw them away. If anyone is interested in this program, they can email Jeremy Graber at [email protected].

Resolution for NO ENGINE BRAKE signs: Trustee Shafer said she reported on this at the last meeting and township secretary, Sharon Shaub, sent a letter to ODOT and received a reply as to the exact steps needed to get ‘NO BRAKE ENGINE’ signs. (Reply attached)

A resident sent a letter (attached) asking why the township wants a ‘No Engine Brake’ sign. Trustee Shafer said she knows it won’t stop the noise but wants to proceed in good faith with the signs.

TRUSTEE SHAFER ASKED THE BOARD FOR A MOTION REQUESTING A ‘NO ENGINE BRAKE’ SIGN ON SR 44 SOUTH BETWEEN COLUMBUS ROAD & ST. FRANCIS STREET AND ALSO A ‘NO ENGINE BRAKE’ SIGN BETWEEN EASTON AND SR 44 NORTH AS OUTLINED IN THE O.R.C. SECTIONS 4513.221(E)(4) AND 505.17(A) REGARDING ENGINE NOISE, with Trustee Lynch stating so moved as said. Roll call voting: Mrs. Shafer – YES, Mr. Lynch – YES and Mr. Gress – YES. MOTION CARRIED. RES#08-193

Update on Babik Lawsuit Settlement: Trustee Lynch said the lawsuit has been on going for two years and said they (the Board) were not happy with the construction of Fire Station #3, the parking lot and everything in general. Chief Peterson and the staff spent many hours trying to put an end to this. The Chief would not allow this company to do sub-standard work with resident’s tax dollars.

Mr. Lynch said the prosecutor’s office advised them (2 years ago) not to pay Babik until the problems were fixed. The township assumed Babik would come back and do things right so they could get paid but instead they elected to sue the township. Countless hours were spent in mediations. Babik would not budge but towards the end, they became a little more reasonable and made a reasonable offer.

Last week, the trustees went into Executive Session and discussed it and the census was the township wanted a little more, i.e., wanted the sidewalk fixed. As of now,

March 27, 2008 Trustees Minutes (Cont.)

Central-Allied is going to work on the parking lot but there’s no guarantees. The sidewalk needs fixed as well as it is dangerous.

Mr. Lynch said the judge became very angry. Mr. Lynch said they were not going to go to court with taxpayer’s money and accepted the settlement. Mr. Lynch said he was not happy but felt uncomfortable taking taxpayer’s money in a situation where the judge made a statement that he had discretionary powers regarding this and that he had made his decision on certain things. Mr. Lynch explained this is where the township stands stating we didn’t come out too bad but did spend money on legal fees. Mr. Lynch said sometimes accepting the lowest bid (as required by the State) is not always good. More discussion followed.

SCOG Study: Trustee Shafer felt that we should wait until the Fire and Police meet to review the study and not endorse or appoint anyone at this time as requested in a letter received from the Commissioners. The Board agreed.

Donation Request from Constitution Committee: After discussion and the Board agreeing this is a wonderful community event, Mr. Lynch & Mrs. Shafer feel that resident tax dollars should not be used for donations. Discussion followed and this was tabled to the April 10, 2008 Trustees’ Meeting.

School Board Meeting on Phase II Construction: Trustee Gress reported the school district officials have three options for their Phase II construction plans. The next meeting is Monday, March 31^st at the middle school auditorium. Trustee Gress urged everyone to attend.

Hosting SCTA Dinner on Thursday, June 19^th: Discussion was held regarding finding a sponsor (Tillie Kinsley has been talking to FirstMerit Bank), a speaker and where to hold the dinner. Also discussed was the possibility of a local church doing a fundraiser dinner. Mr. Lynch was he would ask his church and report back.

Yearly Driving Record Review: Trustee Gress reported that we have our insurance company do a MVR only on new hires but we’ve since been informed all employees who drive township vehicles are required to have a yearly driving record review. The insurance company will do a yearly driving record on employees at $3.00 per person. The Board agreed this should be done.

This was tabled to the April 10, 2008 Trustees’ Meeting and Trustee Gress would have a written policy to present to the Board for approval.

APPROVE MINUTES:

TRUSTEE SHAFER MOTIONED TO APPROVE THE MARCH 13^TH AND MARCH 14^TH, 2008 WRITTEN MINUTES seconded by Trustee Gress. Roll call voting: Mrs. Shafer – YES, Mr. Gress – YES and Mr. Lynch – YES. MOTION CARRIED. RES#08-194

March 27, 2008 Trustees Minutes (Cont.)

APPROVE PURCHASE ORDERS, FINANCIAL REPORT AND PAY BILLS:

TRUSTEE SHAFER MOTIONED TO APPROVE ALL PURCHASE ORDERS, FINANCAIL REPORT AND PAY BILLS IN THE AMOUNT OF $11,445.75 seconded by Trustee Gress. Roll call voting: Mrs. Shafer – YES, Mr. Gress – YES and Mr. Lynch – YES. MOTION CARRIED. RES#08-195

SIGN CHECKS AND ADJOURN:

TRUSTEE SHAFER MOTIONED TO SIGN CHECK AND ADJOURN seconded by Trustee Gress. Roll call voting: Mrs. Shafer – YES, Mr. Gress – YES and Mr. Lynch – YES. MOTION CARRIED. RES#08-196

The meeting adjourned at approximately 8:40 PM.

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

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Lisa R. Shafer, Vice President

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Allen E. Gress, Trustee