RES#09-110

Nimishillen Township Board of Trustees

Regular Meeting

May 28, 2009

On Thursday, May 28, 2009, the Board of Trustees of Nimishillen Township met in regular session at 7:00 PM at the Nimishillen Township Hall located at 4422 Maplegrove NE with the following members present: Trustee President Lisa R. Shafer, Trustee Vice President Michael L. Lynch, Trustee Allen E. Gress and Fiscal Officer Barry L. Evans.

Trustee Shafer called the meeting to order at 7:00 PM and led the staff and audience in the Pledge of Allegiance.

INVOCATION:

Trustee Lynch gave the invocation.

GUEST SPEAKER:

Jeannie Sacconi, Vice President of Leonard Insurance gave an update on Nimishillen Township’s commercial insurance. The total premium is $43,854.00, which is $800.00 more that last year. After discussion:

TRUSTEE GRESS MOTIONED TO RENEW NIMISHILLEN TOWNSHIP’S COMMERCIAL INSURANCE POLICY WITH LEONARD INSURANCE COMPANY FOR A TOTAL PREMIUM OF $43,854.00 SECONDED BY TRUSTEE LYNCH. MOTION CARRIED. RES#09-092

Roll call voting: Mr. Gress - YES

Mr. Lynch - YES

Mrs. Shafer - YES

FIRE DEPARTMENT: (Rich Peterson, Fire Chief)

Letter from Mercy Hospital – Accreditation:

Chief Peterson reported he received a letter from Mercy Medical Center thanking him for his participation in the Society of Chest Pain Centers Cycle III Accreditation for Mercy Medical Center. They said they appreciate the personal time dedicated to aide in the accomplishment of Mercy Medical Center becoming a Cycle III Accredited Center. (Letter attached)

Pancake Breakfast: Chief Peterson reported the free pancake breakfast is scheduled for Saturday, June 6^th, at Sta. #3 from 8A – Noon.

May 28, 2009 Regular Trustees Meeting / Page 2 (Cont.)

March 2009 Fire Report: TRUSTEE LYNCH MOTIONED TO ACCEPT THE MARCH 2009 FIRE REPORT AS WRITTEN SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#09-093

Roll call voting: Mr. Lynch - YES

Mr. Gress - YES

Mrs. Shafer - YES

A copy of the fire report is on file at the township office.

ROAD DEPARTMENT: (Jack Magee, Highway Superintendent)

Open 2009 Roadway/Paving Improvement Bids – 7:30 PM: The sealed bids for the 2009 Roadway/Paving Improvement project were opened and read aloud. The following companies put in bids: Superior Paving, J & D Mining, Inc., Northstar Asphalt, Central Allied Asphalt, Inc. and The Shelly Co. The highway superintendent will review the bids, which will be awarded at the June 11, 2009 Trustees’ Meeting. (List attached)

Award 2009 Road Material Bids: TRUSTEE SHAFER MOTIONED TO AWARD THE 2009 ROAD MATERIAL BIDS AS PRESENTED (List attached) SECONDED BY TRUSTEE LYNCH. MOTION CARRIED. RES#09-094

Roll call voting: Mrs. Shafer - YES

Mr. Lynch - YES

Mr. Gress - YES

May 28, 2009 Road Report: TRUSTEE SHAFER MOTIONED TO APPROVE THE MAY 28, 2009 ROAD REPORT AS PRESENTED SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#09- 09-095

Roll call voting: Mrs. Shafer - YES

Mr. Gress - YES

Mr. Lynch - YES

A copy of the road report is on file at the township office.

ZONING DEPARTMENT:

May 28, 2009 Zoning Report: TRUSTEE SHAFER MOTIONED TO APPROVE THE MAY 28, 2009 ZONING REPORT AS PRESENTED SECONDED BY MR. GRESS. MOTION CARRIED. RES#09- 096

Roll call voting: Mrs. Shafer - YES

Mr. Gress - YES

Mr. Lynch - YES

May 28, 2009 Regular Trustees Meeting / Page 3 (Cont.)

Mr. Lasure reported on various items listed in his zoning report. A copy of his report is on file at the township office.

FISCAL OFFICER: (Barry L. Evans)

Records retention: Mr. Evans reported he is still going through fire department records with Chief Peterson.

CONCERNS OF CITIZENS:

Terri Huckels of 8730 Easton spoke on the following:

• Nimishillen Twp. is not in the private lawn mowing business
• Mowing ditches is township business
• Plans on spending and total funds should be made available to the public
• Septic system at Sta. #2 and repairs at Sta. #2 & #3
• 911 meetings and SCOG program

TRUSTEES: (Lisa Shafer, Mike Lynch, Allen Gress)

What If Committee: It was suggested that our expectations should be talked about. Trustee Lynch said we should be careful not to control items for discussion and to let the committee bring their concerns to us. Trustee Gress agreed and thinks we should review the purpose of the What If Committee and thinks the committee should look at issues to save money and streamline projects. Mr. Gress said we should work together on CEDA possibilities with each entity, the city and the township, maintaining their individuality and independence.

Fire Budget for 2010: Trustee Gress questioned the fire budget for 2010. Trustee Shafer said the fire department, along with the trustees, had been meeting on a regular basis and talked about how the money will be spent. Everything is listed in the flyers that were passed out regarding Issue #7. (Flyer attached)

Additional flyers are available at the township office.

Resolution – Time Warner Cable Franchise Fee: Trustee Shafer explained the township has always had a 1% franchise fee but the State is now requesting a resolution be put in place establishing a Video Service Provider fee to be paid by any VSP offering VSP in the twp.; authorizing the trustees to give notice to the VSP of the VSP fee and declaring an emergency.

MRS. SHAFER MOTIONED THE BOARD OF NIMISHILLEN TOWNSHIP HEREBY ESTABLISHE A VSP FEE THAT IS CALCUALTED BY APPLYING A VSP FEE PERCENTAGE OF ONE PERCENT (1%) TO THE VIDEO SERVICE PROVIDER’S GROSS REVENUES AS DEFINED IN SECTION 1332.32(B) OF THE VIDEO LAW. ALL VIDEO SERVICE PROVIDERS AND CABLE TELEVISION OPERATORS PROVIDING

May 28, 2009 Regular Trustees Meeting / Page 4 (Cont.)

VIDEO SERVICE IN THE TOWNSHIP SHALL APPY THE VSP FEE PERCENTAGE AGAINST GROSS REVENUES AS DEFINED IN THE VIDEO LAW SECONDED BY TRUSTEE LYNCH. MOTION CARRIED. RES#09-097 (Complete Resolution attached)

Roll call voting: Mrs. Shafer - YES

Mr. Lynch - YES

Mr. Gress - YES

SCTA Dinner: Trustee Gress reminded everyone that we are hosting the SCTA dinner on Thursday, June 18^th, and everything is now in place.

Generator for Bicentennial Festival: Trustee Gress reported several generators are needed for the July 18^th Bicentennial Festival and asked the fire department if, as a last resort, they could use the fire department generators.

Repairs at Sta.#2 & #3: Chief Peterson reported he is waiting for Abbott Electric for Station #2. Discussion was held regarding parking lot repairs at Sta. #3 & other repairs at Sta. #2.

Time Capsule at Molly Stark: Trustee Gress reported there’s a time capsule buried on the Molly Stark property that was buried 20 to 30 years ago and is approximately 3’ deep. Mr. Gress asked if the township road department could use their equipment to dig up the time capsule. After discussion as to whether or not it would be legal to use township equipment, it was suggested that we get an opinion from the Stark County Prosecutor’s office.

Survey at 5192 Hahn Street: Mr. Magee reported he’s working on the water issue on Hahn Street. A letter was received from the Stark County Engineers. (Letter attached)

Update on St. Joe’s Project: Mr. Lasure said St. Joe’s attorney has signed off on the architect’s plans but the whole contract has to be rewritten and resigned because Tom Ault lost the original papers. Keith said he would be seeing Jack at St. Joe’s and would give an update later.

Executive Session: TRUSTEE SHAFER MOTIONED UNDER ORC 121.22 SECTION (G) TO ENTER INTO EXECUTIVE SESSION AT 8:23 PM FOR JACK MAGEE’S 180-DAY PROBATION PER NO. 1 IN THE OHIO SUNSHINE LAW BOOK, PERSONNEL – TO CONSIDER THE APPOINTMENT, EMPLOYMENT, DISMISSAL, DISCIPLINE, PROMOTION, DEMOTION OR COMPENSATION OF A PUBLIC EMPLOYEE OR OFFICIAL OR (TO CONSIDER) THE INVESTIGATION OF CHARGES OR COMPLAINTS AGAINST A PUBLIC EMPLOYEE, OFFICIAL, LICENSEE OR REGULATED INDIVIDUAL, UNLESS THE EMPLOYEE, OFFICIAL, LICENSEE OR REGULATED INDIVIDUAL REQUESTS A PUBLIC HEARING, SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#09-098

May 28, 2009 Regular Trustees Meeting / Page 5 (Cont.)

Roll call voting: Mrs. Shafer - YES

Mr. Gress - YES

Mr. Lynch - YES

TRUSTEE SHAFER MOTIONED TO RETURN FROM EXECUTIVE SESSION AT 9 PM AND RESUME THE REGULAR MEETING SECONDED BY TRUSTEE LYNCH. MOTION CARRIED. RES#09-099

Roll call voting: Mrs. Shafer - YES

Mr. Lynch - YES

Mr. Gress - YES

APPROVE MAY 14, 2009 MINUTES:

TRUSTEE SHAFER MOTIONED TO APPROVE THE MAY 14, 2009 MINUTES AS WRITTEN SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#09-100

Roll call voting: Mrs. Shafer - YES

Mr. Gress - YES

Mr. Lynch - YES

APPROVE ALL PURCHASE ORDERS, FINANCIAL REPORT AND PAY BILLS:

TRUSTEE SHAFER MOTIONED TO APPROVE ALL PURCHASE ORDERS, FINANCIAL REPORT AND PAY BILLS IN THE AMOUNT OF $85,065.70 SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#09-101

Roll call voting: Mrs. Shafer - YES

Mr. Gress - YES

Mr. Lynch - YES

SIGN CHECKS AND ADJOURN:

TRUSTEE SHAFER MOTIONED TO SIGN CHECKS AND ADJOURN AT 9:05 PM SECONDED BY TRUSTEE LYNCH. MOTION CARRIED. RES#09-102

Roll call voting: Mrs. Shafer - YES

Mr. Lynch - YES

Mr. Gress - YES

May 28, 2009 Regular Trustees Meeting / Page 6 (Cont.)

_______________________________ __________________________

ATTEST: Barry L. Evans, Fiscal Officer Lisa R. Shafer, President

__________________________

Michael L. Lynch, Vice President

__________________________

Allen E. Gress, Trustee