RES#11-_____

Nimishillen Township Board of Trustees

August 11, 2011

On Thursday, August 11, 2011, 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, Vice President Allen E. Gress and Trustee Lisa R. Shafer. Fiscal Officer Barry L. Evans was absent.

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: Lynch gave the invocation.

FIRE DEPARTMENT: (Chief Richard Peterson)

Resolution: Hire Daniel Green as FF / EMT: TRUSTEE SHAFER MOTIONED TO HIRE DANIEL GREEN AS FF/EMT AT $12.04 PER HOUR EFFECTIVE 8-13-11 SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#11-198

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

Resolution: Accept resignation of FF William McBride: TRUSTEE SHAFER MOTIONED TO ACCEPT THE RESIGNATION OF FF WILLIAM MCBRIDE EFF. 8-13-11 SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#11-199

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

Resolution: Accept resignation of Andrea Walters as FF / EMT: TRUSTEE SHAFER MOTIONED TO ACCEPT THE RESIGNATION OF ANDREA WALTERS AS FF / EMT EFF. 8-13-11 AND REMAIN A FULL TIME DISPATCHER SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#11-200

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

Resolution: Accept resignation of Chris Peterson from position of Div. Chief of the FD and retain as FF / EMT: TRUSTEE SHAFER MOTIONED TO ACCEPT THE RESIGNATION OF CHRIS PETERSON FROM POSITION OF DIV. CHIEF OF THE FD AND RETAIN AS A FF / EMT EFF. 8-13-11 AND CONTINUE ON AS A CIVILIAN DISPATCHER SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#11-201

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

Grant from Ohio Department of Public Safety: Peterson reported the Ohio Dept. of Public Safety – Division of Emergency Medical Services received approval for the grant application from the Nim. Twp. FD for the Priority 1 (training & equipment grant) in the amount of $4,000.00. The check should be received within the next 45 days.

2011, August 11 Trustees Minutes (Cont.)

Resolution: Approve purchase of a Jacobs Ladder cardio fitness machine:

TRUSTEE SHAFER MOTIONED TO APPROVE THE PURCHASE OF A JACOBS LADDER CARDIO FITNESS MACHINE FROM HEALTH & FITNESS OF CANTON TO

REPLACE A NON-FUNCTIONING UNIT FOR A TOTAL COST OF $3,455.00 SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#11-202

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

Peterson said the grant for $3,455.00 could help off-set the cost for the Jacobs Ladder cardio fitness machine.

ROAD DEPARTMENT: (Jack Magee, Superintendent)

Resolution: Approve August 11, 2011 Road Report: TRUSTEE GRESS MOTIONED TO APPROVE THE ROAD REPORT AS PRESENTED FOR AUGUST 11, 2011 SECONDED BY TRUSTEE SHAFER. MOTION CARRIED. RES#11-203

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

Repairing snow plows: Magee reported he spent the day repairing snow plows in preparation for winter. The plows were heavily used this past winter and were in need of repairs.

ZONING DEPARTMENT: (Dale Riggenbach, Inspector)

Increase zoning permit fees and administrative fees to abate properties (tabled from 7-28-11): Riggenbach reported he’s still working on fees and asked this to be tabled again until the next meeting on August 25^th. The Board agreed.

Update on 6271 Apple Street (Gary Reed): Riggenbach reported he called Stark County Prosecutor, Mike Bickis. The order has been received and a telephone conference is set for August 16^th at 11:15 AM at the prosecutor’s office. Both attorneys and the court will be included in the conference to discuss the status of the case, pending issues and the next step. Shafer asked him to check with Mr. Bickis and find out if he could be included in the conference.

Resolution: Approve July 2011 Zoning Report for Stk. Co. Auditor: TRUSTEE SHAFER MOTIONED TO APPROVE THE JULY 2011 ZR FOR THE SCA SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#11-204

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

Resolution: Approve August 11, 2011 Zoning Report: TRUSTEE SHAFER MOTIONED TO APPROVE THE ZONING REPORT AS PRESENTED FOR AUGUST 11, 2011 SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#11-205

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

FISCAL OFFICER: (Barry Evans)

Lynch excused Evans from tonight’s meeting due to a prior commitment with his regular full time job.

2011, August 11 Trustees Minutes (Cont.)

TRUSTEES:

CDBG Application Workshop: Lynch suggested someone should attend the CDBG workshop on Wednesday, Sept. 7^th from 9 AM to 11:30 AM at RPC. Lynch said he can’t go but asked his colleagues to check their calendar. Lynch thinks at least one department head should attend as well as our new grant writer. He will check with Mr. Sauner.

Acceptance by township of the Blue Star Memorial Market at Metzger Park: The Town and Country Garden Club of Louisville dedicated a Blue Star Memorial Marker at Metzger Park to honor all members of the Armed Forces – past, present and future. Lynch attended the ceremony accepting the marker for Nimishillen Township.

Two part road discussion:

1) The first part of the road discussion is a request to close Honey Alley on August 20^th. Shafer reported she received a letter from Mike Ritchie, owner of The Carriage House, asking the trustees, along with the fire department and road department, to temporarily close Honey Alley on Saturday, August 20, 2011 from 10:00 AM to 12 Midnight to hold one big event this year (a rock band concert) instead of multiple events. Sugar Alley would remain open.

Lynch said he thinks there was a policy from a few years ago but Sharon was not able to find it. If the board agrees to close Honey Alley for this event, Mr. Ritchie would need to contact Peterson and Magee. Mr. Ritchie talked to Magee today. Magee said he has no problems closing the alley on 8/20/11.

Gress said he’s not so sure this is a good idea. Will there be beer served? Will there be dancing in the street? Will there be security? Will there be toilet facilities available?

Shafer said she sees no problem with it since it’s a one day event.

Lynch said he understands both sides from Gress and Shafer but doesn’t think it’s an unreasonable request and feels a motion should be contingent on safety, security and restrooms. Shafer said this could all be drafted into a letter to Mr. Ritchie.

RESOLUTION: TRUSTEE SHAFER MOTIONED THE BOARD APPROVE CLOSING HONEY ALLEY SATURDAY, AUGUST 20, 2011 BETWEEN 10:00 AM AND MIDNIGHT WITH APPROVAL OF THE FIRE CHIEF AND HIS SPECIFICATIONS AND APPROVAL FROM THE HIGHWAY SUPERINTDENT AND SECURITY PRESENT FROM THE TIME THE BAND ARRIVES SECONDED BY TRUSTEE LYNCH. MOTION CARRIED. RES#11-206

Roll call voting: Mrs. Shafer – YES, Mr. Lynch – YES, Mr. Gress – NO

The Board asked township secretary, Sharon Shaub, to write a letter to Mr. Ritchie that in addition to the above resolution, the Board of Trustees request he assign someone for security for the event and have adequate restroom facilities such as port-a-potties.

2011, August 11 Trustees Minutes (Cont.)

2) The second part of the road discussion is a request to vacate Honey Alley. Shafer said Mr. Ritchie is putting in a new septic system. There’s a significant flooding problem in that area and the Stk. Co. Engineers are trying to find a solution. The church has been flooded many times. Shafer and Magee met with the engineers at Honey Alley this morning. They are interested in the easement that runs across the property Mr. Ritchie owns. This would involve tearing up the road and running the storm sewer through the property. Shafer asked the Board to consider proposing to the Stark County Commissioners that we look at vacating Honey Alley, which would help with the easement. SCE would like to have the easement agreement and all of the work done by this November. Sugar Alley would be left alone.

Lynch said the vacation of Honey Alley ultimately is not our Board’s decision.

Magee said the storm sewer is totally collapsed. The engineers need the easement to run the storm sewer through there. Discussion followed.

Gress has concerns regarding this request and wants a letter from the county explaining exactly what they want to do. Shafer said they were to email something to Sharon today but didn’t. It’s essentially the same plan as before. This was tabled for discussion at a later date.

Note: For additional details, a CD can be purchased from the township office.

RESOLUTION: APPROVE JULY 28, 2011 MINUTES:

TRUSTEE SHAFER MOTIONED TO APPROVE THE JULY 29, 2011 MINUTES AS WRITTEN SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#11-207

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

RESOLUTION: 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 $10,384.04 SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#11-208

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

EXECUTIVE SESSION:

TRUSTEE SHAFER MOTIONED TO ADJOURN INTO EXECUTIVE SESSION AT 7:35 PM FROM THIS REGULAR MEETING OF AUG. 11, 2011 AS AUTHORIZED UNDER ORC 121.22(G)(4) COLLECTIVE BARGAINING TO PREPARE FOR, CONDUCT OR REVIEW COLLECTIVE BARGAINING STRATEGY SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#11-209

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

2011, August 11 Trustees Minutes (Cont.)

TRUSTEE SHAFER MOTIONED TO RETURN FROM EXECUTIVE SESSION AT 8:15 PM AND RESUME THIS REGULAR MEETING SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#11-210

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

There was no discussion upon return from Executive Session.

RESOLUTION: SIGN CHECKS AND ADJOURN:

TRUSTEE GRESS MOTIONED TO SIGN CHECKS AND ADJOURN AT 8:16 PM SECONDED BY TRUSTEE SHAFER. MOTION CARRIED. RES#11-211

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

__ ABSENT_______________ ______________________________

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

Fiscal Officer

______________________________

Allen E. Gress, Vice President

____ ___________________

Lisa R. Shafer, Trustee