MINUTES

Nimishillen Township Board of Trustees

DECEMBER 23, 2010

On Thursday, December 23, 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 and Trustee Allen E. Gress. Fiscal Officer Barry L. Evans was absent.

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

NOTE: Meeting reports are available at the township office. Copies are 10¢ per page.

INVOCATION: Trustee Lynch gave the invocation.

MOMENT OF SILENCE: Trustee Lynch asked for a moment of silence in remembrance of Jeannie Sacconi, with Leonard Insurance. The township worked with Jeannie for several years. She will be missed.

EXCUSE FISCAL OFFICER AND ZONING INSPECTOR: Trustee Lynch excused Barry Evans due to a prior commitment and Keith Lasure due to illness.

FIRE: (Richard Peterson, Fire Chief)

Resolution - Cellular phone contract: Chief Peterson reported he had been working with Keith and Jack regarding their phone problems. After checking with Verizon, he found Verizon would be cheaper than our present carrier and hopes to get better reception. No contact is needed with Verizon and it will be on a month-to-month basis. All phone numbers will remain the same. TRUSTEE GRESS MOTIONED TO ACCEPT THE MONTH-TO-MONTH CONTRACT WITH VERIZON WIRELESS SECONDED BY TRUSTEE SHAFER. MOTION CARRIED. RES#10-264

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

Resolution - November 2010 Fire Report: TRUSTEE SHAFER MOTIONED TO ACCEPT THE NOVEMBER 2010 FIRE REPORT SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#10-265

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

Resolution - Executive Session: TRUSTEE GRESS MOTIONED TO ENTER INTO EXECUTIVE SESSION AT 7:05 PM – PERSONNEL – FOR THE PURPOSE TO CONSIDER DISCIPLINE ACTION OF A PUBLIC EMPLOYEE AS AUTHORIZED UNDER ORC 121.22 (G) (1) SECONDED BY TRUSTEE SHAFER. MOTION CARRIED. RES#10-266

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

TRUSTEE GRESS MOTIONED TO RETURN FROM EXECUTIVE SESSION AT 7:15 PM AND RESUME THE REGULAR MEETING SECONDED BY TRUSTEE SHAFER. MOTION CARRIED. RES#10-267

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

TRUSTEE SHAFER MOTIONED THAT THE NIMISHILLEN TOWNSIHP TRUSTEES SET A PUBLIC HEARING DURING THE JANUARY 13, 2011 TRUSTEES MEETING SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#10-268

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

ROAD: (Jack Magee, Hwy. Superintendent)

Resolution - Approve proposed speed limit revision of 35 mph on Miday Avenue: After discussion, TRUSTEE GRESS MOTIONED TO APPROVE THE PROPOSED SPEED LIMIT REVISION OF 35 MPH ON MIDAY FROM GEORGETOWN ST. TO LOUISVILLE CITY LIMITS SECONDED BY TRUSTEE SHAFER. MOTION CARRIED. RES#10-269 The signed proposal will be mailed to ODOT.

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

2010 December 23 Trustees Minutes (Cont.)

Resolution - Road Report for 12/23/10: TRUSTEE SHAFER MOTIONED TO ACCEPT THE WRITTEN ROAD REPORT FOR DECEMBER 23, 2010 SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#10-270

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

ZONING: (Keith Lasure, Zoning Inspector)

There was no zoning report due to Mr. Lasure’s absence from tonight’s meeting.

FISCAL OFFICER: (Barry Evans)

Resolution – Approve Transfers: TRUSTEE GRESS MOTIONED TO APPROVE $8,000 FROM 01-A-10 (LEGAL COUNSEL) TO 01-A-12 (EMPLOYERS RETIRMENT SYSTEM), $10,000 FROM 10-A-01 (SALARIES) TO 10-A-15 (OTHER EXPENSES), $4,000 FROM 28-A-06 (SUPPLIES) TO 28-A-09 (OTHER EXPENSES) AND $2,000 FROM 10-A-01 (SALARIES) TO 10-A-02 (PERS) SECONDED BY TRUSTEE SHAFER. MOTION CARRIED. RES#10-271

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

Resolution - Stale dated check: Check #13375 was never received by the post office – lost in the ‘mail’ somewhere. TRUSTEE SHAFER MOTIONED TO APPROVE STALE DATED CHECK #13375 TO U. S. POSTMASTER IN THE AMOUNT OF $150.00 SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#10-272

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

Resolution - Budget category for Capital Projects for Road Department: After discussion, the Board agreed to table this until the January 13, 2011 meeting so they have the proper language.

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

Resolutions – Fill Zoning Board positions: (Board of Zoning Appeals & Zoning Commission)

Ø TRUSTEE GRESS MOTIONED TO REINSTATE PAN ASLANIDES AS MEMBER TO SERVE ANOTHER 5-YR. TERM ON THE BZA WHICH WILL EXPIRE 12/31/15 SECONDED BY TRUSTEE SHAFER. MOTION CARRIED. RES#10-273

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

Ø TRUSTEE SHAFER MOTIONED TO REINSTATE ED METZGER AS ALTERNATE TO SERVE ANOTHER 5-YR. TERM ON THE BZA WHICH WILL EXPIRE 12/31/15 SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#10-274

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

Accept Floyd Fernandez’s resignation: TRUSTEE GRESS MOTIONED TO ACCEPT FLOYD FERNANDEZ’S RESIGNATION FROM THE BZA EFFECTIVE 2/10/10 SECONDED BY TRUSTEE SHAFER. MOTION CARRIED. RES#10-275

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

Ø TRUSTEE GRESS MOTIONED TO APPOINT DAVID FOSS TO FULFILL FLOYD FERNANDEZ’S UNEXPIRED TERM ON THE BZA WHICH WILL EXPIRE 12/31/12 SECONDED BY TRUSTEE SHAFER. MOTION CARRIED. RES#10-276

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

Ø TRUSTEE SHAFER MOTIONED TO REINSTATE ED METZGER AS MEMBER TO SERVE ANOTHER 5-YR. TERM ON THE ZC WHICH WILL EXPIRE 12/31/15 SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#10-277

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

2010 December 23 Trustees Minutes (Cont.)

Ø TRUSTEE GRESS MOTIONED TO REINSTATE DALE RIGGENBACH AS ALTERNATE TO SERVE ANOTHER 5-YR. TERM ON THE ZC WHICH WILL EXPIRE 12/31/15 SECONDED BY TRUSTEE SHAFER. MOTION CARRIED. RES#10-278

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

Meeting regarding oil/gas well fracking: Trustee Gress reported he will be attending a meeting on January 20^th regarding gas exploration and the process known as Hydrofracking and will report back at the following trustees meeting.

RESOLUTION TO APPROVE MINUTES:

TRUSTEE GRESS MOTIONED TO APPROVE THE DECEMBER 9, 2010 MINUTES AS WRITTEN SECONDED BY TRUSTEE SHAFER. MOTION CARRIED. RES#10-279

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

RESOLUTION - APPROVE ALL PURCHASE ORDERS, FINANCIAL REPORT AND PAY BILLS:

TRUSTEE GRESS MOTIONED TO APPROVE ALL PURCHASE ORDERS, FINANCIAL REPORT AND PAY BILLS IN THE AMOUNT OF $44,886.19 SECONDED BY TRUSTEE SHAFER. MOTION CARRIED. RES#10-280

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

EXECUTIVE SESSION:

TRUSTEE GRESS MOTIONED TO ENTER INTO EXECUTIVE SESSION AT 7:30 PM AS AUTHORIZED UNDER ORC 121.22 (G) (1) PERSONNEL FOR THE PURPOSE OF YEARY EVALUATIONS FOR SHARON SHAUB AND CHIEF PETERSON SECONDED BY TRUSTEE SHAFER. MOTION CARRIED. RES#10-281

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

TRUSTEE GRESS MOTIONED TO RETURN FROM EXECUTIVE SESSION AT 8:32 PM AND RESUME THE REGULAR MEETING SECONDED BY TRUSTEE SHAFER. MOTION CARRIED. RES#10-282

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

RESOLUTION - SIGN CHECKS AND ADJOURN:

TRUSTEE GRESS MOTIONED TO SIGN CHECKS AND ADJOURN AT 8:35 PM SECONDED BY TRUSTEE SHAFER. MOTION CARRIED. RES#10-283

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

________________________ _____________________________

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

Fiscal Officer

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Lisa R. Shafer, Trustee Vice President

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Allen E. Gress, Trustee