Nimishillen Township Board of Trustees

July 8, 2010

On Thursday, July 8, 2010 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 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 at 7:00 PM and led the staff and audience in the Pledge of Allegiance.

NOTE: All reports are available at the township office located at 4915 N. Nickelplate. Copies are 10¢ per page.

INVOCATION:

Trustee Lynch gave the invocation.

FIRE DEPARTMENT: (Richard Peterson, Fire Chief)

Recent changes for 9-1-1 call centers: Trustee Gress asked the Chief about the minutes from the 9-1-1 Committee. They were talking about calls being sent directly to our dispatch center. Chief Peterson said we would like all 9-1-1 calls to come directly to our dispatch center but he hadn’t heard anything more on this since discussed 4 weeks ago.

Energy Efficient Block Grants for programmable thermostats: Trustee Gress suggested programmable thermostats would be good for all three fire stations. The Board agreed to have the Chief determine where to place the energy-efficient programmable thermostats in all stations so he could apply for a block grant.

EMS grant award: Chief Peterson reported the Ohio Department of Public Safety approved their grant application for the Priority 1 (training and equipment grant) in the amount of $4,500.00 and $4,000.00 for funding by the Ohio EMS Board for a total of $8,500.00.

Donation of boat: Chief Peterson reported several years ago, a resident donated a boat to our fire department. The City of Louisville would like us to donate it to them. The Chief contacted the owner of the boat and said he had no problem us donating it to the city. The Board approved to start the process through the Stark County Prosecutor’s Office and with the City of Louisville.

Fire Report: TRUSTEE SHAFER MOTIONED TO APPROVE THE JUNE 2010 FIRE REPORT SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#10-138

Roll call voting: Mrs. Shafer – YES, Mr. Gress – YES and Mr. Lynch - YES

2010, July 8 Trustees Minutes (Cont.)

ROAD DEPARTMENT: (Jack Magee, Hwy. Superintendent)

2010 Roadway Paving: Jack reported the paving has been completed and he is happy with the results.

Resolution speed limit revision – put up signs on Hahn: Jack requested a resolution to put up 45mph speed limit signs on Hahn between Bentler and SR44 upon completion of the speed study. Speed studies are also underway from Miday to Georgetown and the Louisville City limits and Maplegrove NE.

TRUSTEE GRESS MOTIONED TO APPROVE INSTALLATION OF 45MPH SPEED LIMIT SIGNS ON HAHN BETWEEN BENTLER AND SR44 SECONDED BY TRUSTEE SHAFER. MOTION CARRIED. RES#10-139

Roll call voting: Mr. Gress – YES, Mrs. Shafer – YES and Mr. Lynch - ABSTAINED

Update on progress of Summer Youth Job Program through Goodwill Industries: Jack reported the helper through Goodwill is working out okay and he’s doing a good job.

Mulch donation: Jack thanked Jerry’s Excavating for donating mulch to the road department. The Board asked the township secretary to send a thank you letter to him.

Road Report: TRUSTEE GRESS MOTIONED TO APPROVE THE ROAD REPORT FOR JULY 8, 2010 AS WRITTEN SECONDED BY TRUSTEE SHAFER. MOTION CARRIED. RES#10-140

Roll call voting: Mr. Gress - YES, Mrs. Shafer – YES and Mr. Lynch – YES

ZONING DEPARTMENT: (Keith Lasure, Inspector)

Mr. Reed on Apple Street: Keith reported he received a complaint that Mr. Reed’s Conditional Zoning Certificate was up. Mr. Reed was given a year to either get a zone change on his residence at 6271 Apple Street from R-1 to I-1 or remove all of his equipment and cease from running his excavating company from his residence. He has done neither. The Board requested that Keith take Mr. Reed back before the Board of Zoning Appeals.

Zoning Report: TRUSTEE GRESS MOTIONED TO APPROVE THE ZONING REPORT FOR JULY 8, 2010 AS WRITTEN SECONDED BY TRUSTEE SHAFER. MOTION CARRIED. RES#10-141

Roll call voting: Mr. Gress – YES, Mrs. Shafer – YES and Mr. Lynch – YES

2010, July 8 Trustees Minutes (Cont.)

June 2010 Zoning Report for Stark County Auditor: TRUSTEE GRESS MOTIONED TO APPROVE THE JUNE 2010 ZONING REPORT FOR THE STARK COUNTY AUDITOR SECONDED BY TRUSTEE SHAFER. MOTION CARRIED. RES#10-142

Roll call voting: Mr. Gress – YES, Mrs. Shafer – YES and Mr. Lynch - YES

FISCAL OFFICER: (Barry Evans)

Mowing: Mr. Evans reported there was a blanket certificate for mowing in the amount of $2,500.00 and there’s $850.00 still remaining. $4,000 was spent last year compared to $1,600.00 so far this year. Discussion followed.

CITIZENS:

Ø Terry Dillon of 5772 Broadway talked about the excessive noise at Bud’s Corner. After discussion regarding several alleged violations of the court order, the Board requested Mr. Lasure to take this back before the Board of Zoning Appeals.

Discussion regarding several on-going zoning violations: After discussion, the Board requested Keith Lasure to meet with the prosecutor regarding the following violations:

ü Miller farm (needs cleaned up from the fire)

ü Bud’s Corner (excessive noise beyond 1:30 AM – not following court order)

ü Paul Merola on Victory (not much progress on the clean up as outlined to him in August of 2009)

ü Road damage to Shannon (builders equipment damaged road)

ü Dunn on California (running home business without Cond. Zoning Cert.)

ü Carriage House (Excessive noise)

ü Brogan (received a complaint that it’s still a mess - was given 14 days from the date the court approves the entry and signed by the Magistrate to clean up property – don’t have the signed court order as of yet)

Trustee Lynch will attend the meeting as well.

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

Mosquito spraying in the township: Trustee Shafer suggested contracting with the Health Department this year to spray for mosquitoes due to the rain we’ve had making conditions favorable for a large number of mosquitoes. Last year was fairly dry so it was not necessary to spray. After discussion, this was tabled for discussion at a later date.

Ontario vs. Quon – Supreme Court case that affects townships: Trustee Gress said this case deals with the issuance of pagers & cell phones to all government employees. Everyone has policies as to who can use them and what they can be used for. Mr. Quon was using his for non-police related issues, went to court and Mr. Quon won basically due to the Freedom of Speech Act.

2010, July 8 Trustees Minutes (Cont.)

Residents throwing debris in Shallow Creek: Trustee Lynch asked residents to please stop throwing yard waste in Shallow Creek. He met on site with several residents, Commissioner Bosley, Gary Connor, Keith Lasure and Jack Magee. Mr. Lynch advised he talked to Litter Control at the Sheriff’s Office and Shallow Creek area residents reported or caught throwing debris into the creek (such as yard and garden waste) will be cited and issued a citation.

Sign honoring veterans: Trustee Gress reported he was contacted by a representative from Louisville Garden Club asking for permission to install a sign honoring veterans. They will pay for it. Mr. Gress suggested putting it in the Molly Stark Park but explained they would have to go through Stark Parks for permission. If Stark Parks would not allow this to be placed at Molly Stark, the township would see what they could do to have it erected somewhere in the township.

Two Executive Sessions: TRUSTEE SHAFER MOTIONED TO ENTER INTO EXECUTIVE SESSION AT 7:47 PM REGARDING PERSONNEL – FOR THE PURPOSE TO CONSIDER DISCIPLINE OF PUBLIC EMPLOYEE(S) AS AUTHORIZED UNDER OHIO REVISED CODE 121.22(G)(1) SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#10-143

Roll call voting: Mrs. Shafer – YES, Mr. Gress – YES and Mr. Lynch – YES

TRUSTEE SHAFER MOTIONED TO RETURN FROM EXECUTIVE SESSION AT 8:30 PM AND RESUME THE REGULAR MEETING SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#10-144

Roll call voting: Mrs. Shafer – YES, Mr. Gress – YES and Mr. Lynch - YES

RESOLUTION TO APPROVE JUNE 24, 2010 MINUTES:

TRUSTEE SHAFER MOTIONED TO APPROVE THE WRITTEN MINUTES FOR JUNE 24, 2010 SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#10-145

Roll call voting: Mrs. Shafer – YES, Mrs. Gress – YES and 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 $63,391.48 SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#10-146

Roll call voting: Mrs. Shafer - YES, Mrs. Gress – YES and Mr. Lynch - YES

2010, July 8 Trustees Minutes (Cont.)

SIGN CHECKS AND ADJOURN:

TRUSTEE SHAFER MOTIONED TO SIGN CHECKS AND ADJOURN AT 8:30 PM SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#10-147

Roll call voting: Mrs. Shafer – YES, Mr. Gress – YES and Mr. Lynch – YES

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

Fiscal Officer

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Lisa R. Shafer, Vice President

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Allen E. Gress, Trustee