RES#11-_____

Nimishillen Township Board of Trustees

August 25, 2011

On Thursday, August 25, 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, Trustee Lisa R. Shafer 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. Copies of meeting CD’s are available for $1.00 per CD.

INVOCATION: Trustee Lynch gave the invocation.

FIRE DEPARTMENT: (Chief Richard Peterson)

Resolution: Approve July 2011 Fire Report: TRUSTEE SHAFER MOTIONED TO APPROVE THE JULY 2011 FIRE REPORT SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#11-212

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

ROAD DEPARTMENT: (Jack Magee, Superintendent)

Met with Pat Sauner (township grant writer): Jack reported he met with Mr. Sauner. They went over several things such as grants for lighting for the shop which would be paid 100% and save 40% on the electric bill, grants for storm sewers, paving and other possible grants that are available.

Pilot Knob: Jack said he’s still working on getting the waves and bumpy problems solved on Pilot Knob. He met with Joe at Central-Allied and Joe will see what they can do to correct the problems. Jack reported no money has been paid to Central-Allied yet and won’t be until the problems are taken care of.

Eleven (11) stop signs stolen: The weekend of August 13, 2011, eleven (11) STOP SIGNS were stolen in the township. Jack asks that whoever is doing this to please stop stealing stop signs. It’s dangerous and could cost someone their life. A report was filed with the Sheriff’s Office. If caught, this is a First Degree Misdemeanor charge. Street signs were stolen a couple years ago in the township and the students were caught. A report was filed with the Sheriff and they had to pay restitution for the cost of the signs and labor. If parents or anyone sees a stop sign in someone’s garage or in their child’s bedroom, please return it to the township road department and have a serious heart-to-heart talk with your child.

The total cost for the township to replace the signs including materials and labor was $826.21.

2011, August 25 Trustees Minutes (Cont.)

Letters from residents: Jack reported he received two letters from residents thanking the road crew for the good job they are doing paving streets with the drag box.

Resolution: Approve Road Report for 8/25/11: TRUSTEE GRESS MOTIONED TO APPROVE THE 8/25/11 ROAD REPORT AS PRESENTED SECONDED BY TRUSTEE SHAFER. MOTION CARRIED. RES#11-213

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

ZONING DEPARTMENT: (Dale Riggenbach, Inspector)

Increase zoning permit fees & administrative fees to abate properties: Dale reported he gathered charges other townships are charging and said we are not the highest or the lowest…we are in the low to medium range on our fees. A list of fee comparisons was prepared for the trustees and Dale asked that they review it and bring their recommendations back to him. He said Canton Township raised their mowing fees to get out of the mowing business and it worked. He will have more fee comparisons at the next meeting.

Resolution: Approve Zoning Report for 8/25/11: TRUSTEE SHAFER MOTIONED TO APPROVE THE 8/25/11 ZONING REPORT AS PRESENTED SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#11-214

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

FISCAL OFFICER: (Barry Evans)

Resolution: Enter into Frank Gates Oh. Workers’ Comp. Group Agreement: TRUSTEE SHAFER MOTIONED TO ENTER INTO THE FRANK GATES OHIO WORKERS’ COMP. GROUP RETROSPECTIVE RATING PROGRAM SERVICE AGREEMENT EFFECTIVE SEPT. 1, 2011 – SEPT. 1, 2012 SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#11-215

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

Resolution: Adopt Alternative Tax Budget for 2012: TRUSTEE SHAFER MOTIONED TO ADOPT THE ALTERNATIVE TAX BUDGET FOR 2012 SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#11-216

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

TRUSTEES:

Resolution: 2011 Stark County Health Department – Mosquito Contract: TRUSTEE SHAFER MOTIONED TO ENTER INTO THE ATTACHED CONTRACT ‘2011 STARK COUNTY HEALTH DEPARTMENT MOSQUITO SPRAYING’ CONTRACT EFFECTIVE AUGUST 28, 2011 TO OCTOBER 30, 2011 SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#11-217

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

2011, August 25 Trustees Minutes (Cont.)

Resolution: Accept one-year Road Department Union Contract: A letter was signed by the Nimishillen Township Board of Trustees, Nimishillen Township Union Steward Brad Bair and National Representative of the UWUA Robert N. Fronek. The letter proposed a one year contract, 3% pay increase and 15% employee contribution for medical insurance. With no other proposed changes, the following resolution was passed:

TRUSTEE SHAFER MOTIONED TO ACCEPT THE ONE-YEAR UNION CONTRACT AS AGREED TO IN THE SIGNED LETTER ADOPTED AND EFFECTIVE THIS DATE OF AUGUST 25, 2011 THROUGH AUGUST 25, 2012 SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#11-218

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

RESOLUTION: APPROVE AUGUST 11, 2011 MINUTES:

TRUSTEE SHAFER MOTIONED TO APPROVE THE MINUTES FOR AUGUST 11, 2011 AS PRESENTED SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#11-219

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 $50,077.05 SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#11-220

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

7:30 PM – Bid opening for 1976 Dodge: Four bids were received for the purchase of a 1976 Dodge Power Wagon W30 Pickup/Grass Fire Unit. The Board opened the sealed bids and read them aloud:

· Webb’s Used Cars, Inc. from McDermott, OH … $2,500.00

· Robert N. Smith from Laurelville, OH ………….. $1,404.00

· Virgil C. Hale from Lewisburg, OH ……………… $1,958.00

· Troxell Bros Pioneer from S. Charleston, OH …. $3,414.00

TRUSTEE GRESS MOTIONED TO AWARD THE BID FOR THE 1976 DODGE POWER WAGON W30 PICKUP/GRASS FIRE UNIT TO TOM TROXELL, TROXELL BROS PIONEER FROM S. CHARLESTON, OH IN THE AMOUNT OF $3,414.00 SECONDED BY TRUSTEE SHAFER. MOTION CARRIED. RES#11-220A

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

2011, August 25 Trustees Minutes (Cont.)

EXECUTIVE SESSION:

TRUSTEE GRESS MOTIONED TO ADJOURN INTO EXECUTIVE SESSION AT 7:25 PM FROM THIS REGULAR MEETING OF AUG. 25, 2011 AS AUTHORIZED UNDER ORC 121.22(G)(3) COURT ACTION FOR THE PURPOSE TO DISCUSS PENDING OR IMMINENT COURT ACTION WITH ATTORNEY MIKE BICKIS REGARDING 6271 APPLE STREET SECONDED BY TRUSTEE SHAFER. MOTION CARRIED. RES#11-221

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

TRUSTEE SHAFER MOTIONED TO RETURN FROM EXECUTIVE SESSION AT 7:43 PM AND RESUME THIS REGULAR MEETING SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#11-222

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

Stark County Prosecutor, Mike Bickis, explained he asked the Board for permission to enter into an Agreed Upon Judgment Entry with regards to the property at 6271 Apple St. The Agreement would state the property owner at 6271 Apple St. remove the heavy equipment parked at his residence (which is not in compliance with the Nimishillen Township Zoning Resolution) on or before January 1, 2012. Apple Street is zoned R-1 Single Family Residential.

Attorney Bickis said he’s not asking the Board to give up anything and trial is currently set for Dec. 19, 2011. Should the township prevail, it would be typical for the court to give the property owner between 15 to 30 days to remove the equipment after finding in our favor. With the holidays, we would be looking at the Jan. 1, 2012 date for a court order to take effect. The Agreed Upon Entry would give us an enforceable entry that if not done by Jan. 1, 2012, we could use the Entry and not have to go through litigation again.

TRUSTEE SHAFER MOTIONED THE BOARD AUTHORIZE ATTORNEY BICKIS TO PROCEED WITH AN AGREED UPON JUDGMENT ENTRY REGARDING THE REED CASE TO HAVE PROPERTY (HEAVY EQUIPMENT) REMOVED FROM 6271 APPLE STREET JANUARY 1, 2012 SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#11-223

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

CITIZENS: There were approximately 10 to 12 residents in the audience regarding The Carriage House.

Mark & Kellie Mathie of 8385 Paris Avenue talked about The Carriage House and the block party held on August 20, 2011. She and neighbors were upset with noise, foul language and people urinating in her yard and flower beds. When asked why this all day block party was approved, Trustees Shafer and Lynch said they felt one big concert would be better than multiple outdoor rock band concerts as they had in the past and felt it was well within reason to allow it.

2011, August 25 Trustees Minutes (Cont.)

Mr. & Mrs. Mathie said they don’t mind if Mr. Ritchie has concerts every weekend as long as they are held indoors and not outside and said the establishment holds 600 people.

Greg Frank of 205 Navaho St. in the City of Louisville said he does not live in the township but was at the Mathie’s Saturday and was there more or less to support them.

Trustee Gress said the Board was not being totally honest with the residents and brought up the vacation of Honey Alley stating there’s a move to go back to the Commissioners to vacate Honey Alley. Trustee Gress asked the Board to make a commitment tonight not to ask for Honey Alley to be vacated. Trustee Lynch said he’s still looking into it and won’t say anything at this time and is trying to prevent a lawsuit. Mrs. Shafer said they would like to come up with a contract and have been in contact with the prosecutors about the road vacation. Discussions are still in the early phases and they are exploring every option out there. She said the residents are not getting the correct facts.

RESOLUTION: SIGN CHECKS AND ADJOURN:

TRUSTEE SHAFER MOTIONED TO SIGN CHECKS AND ADJOURN AT 8:22 PM SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#11-224

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

__ ____________________ ______________________________

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

Fiscal Officer

______________________________

Allen E. Gress, Vice President

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Lisa R. Shafer, Trustee