RES#11-_____

Nimishillen Township Board of Trustees

November 10, 2011

On Thursday, November 10, 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, Trustee 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.

NEWLY ELECTED TRUSTEE AND FISCAL OFFICER: Trustee Shafer introduced Lou Johnson and welcomed him as a member on the Board of Trustees. Newly elected Fiscal Officer, Brian Kandel, was not in attendance but Trustee Shafer welcomed him to the Board as well. Johnson’s term will run from 1-1-2012 to 12-31-2015 and Kandel’s term will run from April 1, 2012 to 3-31-2015.

FIRE DEPARTMENT: (Chief Richard Peterson)

Construction bids: Chief Peterson brought the trustees up to speed on bids for repairs at the fire stations. The cost for concrete is $19,000. The cheapest bid for asphalt is $43,000. Discussion was held regarding our road department doing the asphalt and patching in the parking lots. Rich will get with Jack on prices. The Board agreed to set money aside now so it will be there when work begins in the spring. All bids should be back by the next meeting on December 8^th.

Resolution – Approve Fire Report: TRUSTEE SHAFER MOTIONED TO APPROVE THE OCTOBER 2011 FIRE REPORT AS PRESENTED SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#11-265

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

ROAD DEPARTMENT: (Jack Magee, Superintendent)

Update - Pilot Knob Paving: Jack reported he received a letter from Central-Allied giving us two options to correct the paving irregularities in the roadway. Jack said he is not happy with either option.

· Diamond grind the areas that need corrected at a cost to C-A of $4,500.00

· In lieu of the cost to make the corrections, Central Allied could issued a credit in the amount of $4,500.00

Resolution - TRUSTEE GRESS MOTIONED THAT CENTRAL ALLIED ISSUE A CREDIT TO THE TOWNSHIP IN THE AMOUNT OF $4,500 AND WE GO AHEAD AND PAY THEM SECONDED BY TRUSTEE SHAFER. MOTION CARRIED. RES#11-266

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

2011, November 10 Trustees Minutes (Cont.)

Resolution – Approve Road Report: TRUSTEE GRESS MOTIONED TO APPROVE THE NOVEMBER 10, 2011 ROAD REPORT AS PRESENTED SECONDED BY TRUSTEE SHAFER. MOTION CARRIED. RES#11-267

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

ZONING DEPARTMENT: (Dale Riggenbach, Inspector)

Cleanup of Mr. Curry’s properties at 8530 Bentler and 5041 Werner Church Road: Dale reported Mr. Curry’s properties on Bentler and Werner Church Road need to be cleaned up. He spoke to Mr. Curry on Oct. 27^th and also sent a letter to Mr. Curry addressing the issues as well as him allowing people to live in a camper parked on the property. The Stk. Co. Health Dept. checked it out and said as long as they are using the restroom facilities in the building next to the camper, there’s nothing they can do.

Mr. Riggenbach wanted to give Mr. Curry until June 2012 to clean up the property; however, the Board felt that was too long and said thirty (30) days is enough time to get started and clean up some of the mess.

Also discussed was the possibility of the township cleaning up the property and putting the cost of the cleanup back into township funds. The Board asked Dale to check with Stark County Prosecutor, Mike Bickis, and find out the legalities of doing this.

Resolution – Approve Oct. 2011 ZR for Stark Co. Auditor: TRUSTEE SHAFER MOTIONED TO APPROVE THE OCTOBER 2011 ZONING REPORT FOR THE STARK COUNTY AUDITOR SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#11-268

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

Resolution – Approve Zoning Report: TRUSTEE GRESS MOTIONED TO APPROVE THE NOVEMBER 10, 2011 ZONING REPORT AS PRESENTED SECONDED BY TRUSTEE SHAFER. MOTION CARRIED. RES#11-269

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

FISCAL OFFICER: (Barry Evans)

Resolution – 2012 Temporary Township Annual Appropriations: TRUSTEE SHAFER MOTIONED TO APPROVE THE 2012 TEMPORARY TOWNSHIP ANNUAL APPROPRIATIONS IN THE AMOUNT OF $2,099,150.00 SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#11-270

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

TRUSTEES:

Set dates for employee evaluations for Sharon Shaub, Dale Riggenbach, Jack Magee and Rich Peterson: The Board agreed to evaluate Sharon and Dale on December 8, 2011 and Jack and Rich on December 22, 2011.

2011, November 10 Trustees Minutes (Cont.)

Resolution – Accept effective date & time and maintenance responsibilities for the transfer of Beech Street: TRUSTEE SHAFER MOTIONED TO ACCEPT THE EFFECTIVE DATE AND TIME WHICH IS 7:30 AM, MONDAY, NOVEMBER 14, 2011 AND THE MAINTENANCE RESPONSIBILITIES FOR THE TRANSFER OF BEECH STREET AS OUTLINED IN THE ROAD TRANSFER RESOLUTION ADOPTED BY THE COMMISSIONERS ON 10/28/11 SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#11-271 (Complete resolution is available at the twp. office)

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

Illicit Discharge Program though Stark County Health Department: Trustee Lynch explained Todd Paulus from the SCHD wants to know if we are going to continue with the Phase II Stormwater contract ending April 9, 2013. The contract stipulates in the event a township’s funding source for compliance with the contract ceases for any reason, the township shall immediately notify the county and the contract would be terminated. The health department does all of the legwork, reporting, paperwork and written reports for the OEPA which is required by the OEPA.

Resolution – After discussion, TRUSTEE GRESS MOTIONED TO CONTINUE WITH THE ILLICIT DISCHARGE PROGRAM CONTRACT BETWEEN NIMISHILLEN TOWNSHIP AND STARK COUNTY HEALTH DEPTMENT SECONDED BY TRUSTEE SHAFER. MOTION CARRIED. RES#11-272

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

Resolution – Support Stark Park District’s Application for a Federal Brownfield Cleanup Grant: TRUSTEE SHAFER MOTIONED TO SUPPORT STARK COUNTY PARK DISTRICT’S FEDERAL EPA CLEANUP GRANT FOR MOLLY STARK PARK AND TO CONSIDER A DONATION OF MATCHING FUNDS FROM OUR FY 2012 BUDGET SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#11-273

RES#11-273

A RESOLUTION TO SUPPORT STARK COUNTY PARK DISTRICT’S FEDERAL EPA CLEANUP GRANT FOR MOLLY STARK PARK

The Board of Trustees of Nimishillen Township, Stark County, Ohio met in a Regular Meeting on the 10^th day of November, 2011 at 7:00 PM with the following members present:

Michael L. Lynch

Allen E. Gress

Lisa R. Shafer

2011, November 10 Trustees Minutes (Cont.)

LISA R.SHAFER motioned to support the Stark County Park District’s Federal EPA Brownfield Cleanup Grant for Molly Stark Park:

WHEREAS, the Stark County Park District is applying to the U. S. Environmental Protection Agency for a $200,000 brownfield cleanup grant for Molly Stark, and

WHEREAS, the park property includes three abandoned buildings including the five-story hospital, the former children’s hospital, and a boiler building, as well as interconnecting tunnels, and

WHEREAS, the cleanup will remove asbestos and prevent its contamination of nearby homes, farms, a township fire department, and an adjacent nursing home, and

WHEREAS, the cleanup will expedite transformation of the property into Nimishillen Township’s first park, and

WHEREAS, the federal grant requires 20% matching funds,

NOW THEREFORE BE IT RESOLVED that the TRUSTEES OF NIMISHILLEN TOWNSHP supports the park district’s application for a federal brownfield cleanup grant and will consider the donation of matching funds from our FY 2012 budget.

ALLEN E. GRESS seconded the motion and upon roll call, the vote resulted as follows:

Michael L. Lynch - YES

Allen E. Gress - YES

Lisa R. Shafer - YES

RESOLUTION - APPROVE OCTOBER 27, 2011 MINUTES:

TRUSTEE SHAFER MOTIONED TO APPROVE THE OCTOBER 27, 2010 MINUTES AS WRITTEN SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#11-274

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

RESOLUTION – APPROVE TRANSFER:

TRUSTEE SHAFER MOTIONED TO APPROVE $3,100 FROM 10-A-02 RETIREMENT TO 10-A-14B INSURANCE SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#11-275

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

2011, November 10 Trustees Minutes (Cont.)

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

TRUSTEE SHAFER MOTIONED TO APPROVE ALL PO’S, FINANCIAL REPORT AND PAY BILLS IN THE AMOUNT OF $54,790.22 SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#11-276

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

RESOLUTION - SIGN CHECKS AND ADJOURN:

TRUSTEE SHAFER MOTIONED TO SIGN CHECKS AND ADJOURN AT 7:35 PM SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#11-277

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

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

Fiscal Officer

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Trustee Allen E. Gress, Vice President

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Trustee Lisa R. Shafer, Member