MINUTES

Nimishillen Township Board of Trustees

May 8, 2008

On Thursday, May 8, 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 and Trustee Allen E. Gress. Fiscal Officer Barry L. Evans was absent.

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

INVOCATION: Trustee Lynch gave the invocation.

FIRE DEPARTMENT: (Chief Rich Peterson)

Letter from Elsie Kiko: Trustee Gress read a letter of thanks to the fire department from Elsie Kiko. (Letter attached)

Parking Lot Repaving & Parking Lot @ Station #3: Trustee Lynch said it was the impression that Central-Allied would do the necessary repairs at no charge to the township. An estimate for Station #3 was received from Central-Allied (attached) in the amount of $7,975.00. Trustee Lynch talked to Attorney Robertson. Attorney Robertson said he would look into it but as of this date, we have not heard anything. After discussion, the trustees said they would do some further checking regarding this matter. Trustee Shafer stated that the estimate should not have been a shock to anyone. The repairs were never part of the settlement and this is why Trustee Shafer was so determined not to settle the lawsuit. Basically the items, which were in need of repair at the time of the settlement, will be the responsibility of the township. According to Trustee Gress, the estimate was a shock as it was a part of the discussion by all the parties involved including the judge. The final disposition of the matter is still pending as further discussions will take place. Trustee Gress is confident the issue will be resolved to the township’s satisfaction.

Approval to Advertise for Bids for Grassfire Unit: TRUSTEE SHAFER MOTIONED TO ADVERTISE FOR BIDS FOR A GRASSFIRE UNIT WITH ALL BIDS TO BE IN BY JUNE 12, 2008 AT 3:00 PM AND OPENED JUNE 12, 2008 AT 7:30 PM seconded by Trustee Gress. Roll call voting: Mrs. Shafer – YES, Mr. Gress – YES and Mr. Lynch – YES. MOTION CARRIED. RES#08-221

Pancake Breakfast: Chief Peterson reminded everyone of the free pancake breakfast this Sunday, May 11^th (Mother’s Day) from 8 AM to 12 Noon at Fire Station #3.

Approval of April Fire Report: Chief Peterson reported there was a total of 107 incidents in April 2008.

May 8, 2008 Trustees Minutes (Cont.)

TRUSTEE GRESS MOTIONED TO APPROVE THE APRIL 2008 FIRE REPORT seconded by Trustee Shafer. Roll call voting: Mr. Gress – YES, Mrs. Shafer – YES and Mr. Lynch – YES. MOTION CARRIED. RES#08-222

ROAD DEPARTMENT: (Interim Road Superintendent, Jamie May)

US 62 Road Construction: Trustee Gress reported SR 62 would be closed from I-77 to Columbus Road. Construction starts May 19^th and runs through Sept. 30, 2008.

PCR (Pavement Condition Report) Training Seminar: Trustee Gress reported on the upcoming PCR Training Seminar to be presented by ODOT on Thursday, May 29^th @ 8:30 a.m. After discussion, the Board agreed to have Interim Road Superintendent, Jamie May, attend.

Road Report: TRUSTEE SHAFER MOTIONED TO APPROVE THE MAY 8, 2008 ROAD REPORT AS PRESENTED seconded by Trustee Gress. Roll call voting: Mrs. Shafer – YES, Mr. Gress - YES and Mr. Lynch – YES. MOTION CARRIED. RES#08-223 (Report attached)

ZONING DEPARTMENT: (Keith Lasure, Zoning Inspector)

Request for Filing Clerk: After discussion, TRUSTEE GRESS MOTIONED TO ADVERTISE FOR PART-TIME CLERICAL HELP TO DO FILING AND INPUT ZOING PERMITS INTO THE COMUPTER seconded by Trustee Shafer. Roll call voting: Mr. Gress – YES, Mrs. Shafer – Yes and Mr. Lynch – YES. MOTION CARRIED. RES#08-224

Update on Addison Avenue Health Department Order: Mr. Lasure reported this went before the judge but he has not heard anything more from the health department. He will keep the Board informed as he gets more information.

Outcome of the May 6^th BZA Hearings: Mr. Lasure reported there were three variances brought before the Board of Zoning Appeals – all were approved:

1) Mr. Smith of 5175 Broadway – variance for garage

2) Mr. Grosenbaugh of 5631 Meese – variance for a garage

3) Stark County Commissioner’s Office to permit division of property with no road frontage known as being a part of the NE and SE Qtrs. of Sec. 9, Twp. 19, Parcel 4, Number 33-09178 – 6.762 acres.

Discussion was then held on the Molly Stark variance and about the trailers that have been on the property for many years.

Zoning Report: TRUSTEE SHAFER MOTIONED TO APPROVE THE MAY 8, 2008 ZONING REPORT AS PRESENTED seconded by Trustee Gress. Roll call voting: Trustee Shafer – YES, Trustee Gress – YES and Trustee Lynch – YES. MOTION CARRIED. RES#08-225 (Report attached)

More discussion was held on various items listed in the May 8^th Zoning Report.

May 8, 2008 Trustees Minutes (Cont.)

April 2008 Zoning Report for Stark County Auditor: TRUSTEE SHAFER MOTIONED TO APPROVE THE APRIL 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#08-226 (Report attached)

CONCERNS OF THE FISCAL OFFICER: (Barry Evans)

Trustee Lynch excused Mr. Evans from tonight’s meeting due to an emergency meeting from his other full-time job.

CONCERNS OF CITIZENS:

Terri Huckels of 8730 Easton:

Ø Spoke about the property at 4151 Broadway

Ø Spoke about the annexation meeting held on May 6^th

8:00 PM:

Ø Open 2008 Sealed Road Material Bids: Bids were received from:

1) National Lime & Stone, Waynesburg Dr. SE, Canton, Ohio

2) Lafarge No. America, Beeson Street, Alliance, Ohio

3) Central-Allied Enterprises, Columbus Road NE, Louisville, Ohio

4) J & D Mining, Willowdale Ave., Magnolia, Ohio

5) Joseph A. Jeffries Co., Louisville Street, Louisville, Ohio

6) Hughes Contracting, Waterloo Road, Suffield, Ohio

You can call the township office at 330-875-9924 for results. (Bid results attached) Prices to be in effect from June 1, 2008 through May 31, 2009. Contract to be awarded May 22, 2008.

Ø Hearing to Consider the Proposed Amendment on Small Wind Energy Systems to be added to the Nimishillen Township Zoning Resolution: Trustee Lynch said the purpose of tonight’s hearing is to consider an amendment to add regulations to the Nimishillen Township Zoning Resolution for Small Wind Energy Systems as conditionally permitted uses in any of the township’s zoning districts.

Both Regional Planning Commission and the Nimishillen Township Zoning Commission approved the proposed amendment. (Complete amendment attached)

There was no one in the audience to speak either for or against the proposed amendment.

May 8, 2008 Trustees Minutes (Cont.)

Trustee Lynch said after receiving the recommended zoning amendment from the Nimishillen Township Zoning Commission and holding the public hearing provided for by section 519.08 of the ORC, the Board of Township Trustees shall consider such recommendations and vote upon the adoption of the amendment.

With no further discussion, TRUSTEE LYNCH MOTIONED TO APPROVE AND ADOPT THE AMENDMENT FOR SMALL WIND ENERGY SYSTEMS AS CONDITIONALLY PERMITTED USES IN ANY OF THE TOWNSHIP’S ZONING DISTRICTS, AS WRITTEN, AND ADD IT TO THE NIMISHILLEN TOWNSHIP ZONING RESOLUTION seconded by Trustee Gress. Roll call voting: Mr. Lynch – YES, Mr. Gress – YES and Mrs. Shafer – YES. MOTION CARRIED. RES#08-227

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

HB521: Trustee Gress reported on HB521, which is being submitted to the Ohio Commission to develop recommendations on reforming and restructuring local government in this state to increase the efficiency and effectiveness of local government operations and achieve cost savings for taxpayers. Mr. Gress said this means that they want to eliminate townships so all territories in the State of Ohio would be governed by cities, villages or counties.

Policy Statement on Substance Abuse: After discussion and implementing the suggested changes made by the Stark County Prosecutor, TRUSTEE GRESS MOTIONED TO ACCEPT THE POLICY STATEMENT ON SUBSTANCE ABUSE AS PRESENTED AND ADD IT TO THE NIMISHILLEN TOWNSHIP EMPLOYEE HANDBOOK seconded by Trustee Shafer. Roll call voting: Mr. Gress – YES, Mrs. Shafer – YES and Mr. Lynch – YES. MOTION CARRIED. RES#08-228

Article in the May / June 2008 Ohio Township Association News: Trustee Gress reported on an article titled ‘Be an Effective Trustee’ which lists the mandated duties of a trustee listing prohibited actions by township trustees. One of the listed items Mr. Gress pointed out was township trustees have no authority to act on improvement and maintenance of undedicated and unaccepted roads. (Copy attached) Discussion followed regarding the Pinevale Ext. problem that has been ongoing for some time.

APPROVE MINUTES:

TRUSTEE LYNCH MOTIONED TO APPROVE THE WRITTEN MINUTES FOR APRIL 24, 2008 seconded by Trustee Shafer. Roll call voting: Mr. Lynch – Yes, Mrs. Shafer – Yes and Mr. Gress – Yes. MOTION CARRIED. RES#08-229

May 8, 2008 Trustees Minutes (Cont.)

APPROVE PURCHASE ORDERS, FINANCIAL REPORT AND PAY BILLS:

TRUSTEE SHAFER MOTIONED TO APPROVE ALL PURCHASE ORDERS, FINANCIAL REPORT AND PAY BILLS IN THE AMOUNT OF $137,245.99 seconded by Trustee Gress. Roll call voting: Mrs. Shafer – Yes, Mr. Gress – Yes and Mr. Lynch – Yes. MOTION CARRIED. RES#08-230

SIGN CHECKS AND ADJOURN:

TRUSTEE SHAFER MOTIONED TO SIGN CHECKS AND ADJOURN AT 8:35 PM seconded by Trustee Gress. Roll call voting: Mrs. Shafer – Yes, Mr. Gress – Yes and Mr. Lynch – Yes. MOTION CARRIED. RES#08-231

__________ABSENT______________ __________________________________

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

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Lisa R. Shafer, Vice President

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Allen E. Gress, Trustee