Nimishillen Township Board of Trustees

July 22, 2010

On Thursday, July 22, 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)

New paramedics: The following new paramedics were recognized: Mike Cameron, Adam Farley, Adam Gladysz and Ben Magee. They received a round of applause.

Hire Angela Harmon as civilian part-time dispatcher: Chief Peterson reported Ms. Harmon was a dispatcher with the City of Louisville and will be an asset to the township. TRUSTEE GRESS MOTIONED TO HIRE ANGELA HARMON AS CIVILIAN PART-TIME DISPATCHER WITH CEN-COM AT $11.54 / HR. EFFECTIVE JULY 23, 2010 SECONDED BY TRUSTEE SHAFER. MOTION CARRIED. RES#10-148

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

Trustee Lynch swore in Ms. Harmon and she received a round of applause.

Transfer Boat: After discussion, TRUSTEE GRESS MOTIONED PURSUANT TO ORC 505.10, THE BOARD OF TRUSTEES OF NIMISHILLEN TOWNSHIP APPROVES AND AUTHORIZES THE TRANSFER AND CONVEYANCE OF THE FOLLOWNG TOWNSHIP PROPERTY TO THE CITY OF LOUISVILLE, OHIO: ONE (1) USED 14 FOOT SEA NYMPH ALUMINUM FISHING BOAT, HULL NO. 564256, DECAL NO. 05080616; ONE (1) USED MERCURY, SIX HP, 2 CYCLE OUTBOARD MOTOR, SERIAL NO. OA964325; ONE (1) BOAT TRAILER, SERIAL NO. 675344 - THE ABOVE LISTED ITEMS ARE WITH NO WARRANTIES AND GUARANTEES. ALL ITEMS ARE OFFERED IN ‘AS IS’ CONDITION SECONDED BY TRUSTEE SHAFER. MOTION CARRIED. RES#10-149

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

2010, July 22 Trustees Minutes (Cont.)

Grassfire truck: After discussion, TRUSTEE SHAFER MOTIONED TO AUTHORIZE THE FIRE DEPARTMENT TO PROCEED WITH SPECIFICATIONS AND ADVERTISING FOR THE PURCHASE OF A GRASSFIRE TRUCK SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#10-150

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

Hosting firefighters from New York Fire Dept. during HOF weekend: Chief Peterson reported Chief Don Jordan purchased several fire trucks from New York and has developed a special relationship with some of the firefighters. One of the trucks was involved in the 9/11 fires, which has been restored. Capt. Jordan asked some of the NY firefighters to attend the HOF festivities (first weekend in August) and to ride on one of the fire trucks in the HOF parade. The Chief said his department will be hosting the firefighters while in town and will cook them dinner. Chief Peterson said he would let the trustees know when and where this would be taking place. The Canton Repository is going to do a story on it as well as possibly The Herald and Alliance Review.

Appoint Fire Chief to investigate employee violations: TRUSTEE GRESS MOTIONED TO APPOINT CHIEF PETERSON TO INVESTIGATE FIRE DEPARTMENT EMPLOYEE VIOLATIONS PURSUANT TO THE OHIO REVISED CODE SECONDED BY TRUSTEE SHAFER. MOTION CARRIED. RES#10-151

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

ROAD DEPARTMENT: (Jack Magee, Hwy. Superintendent)

Two-way radios: Jack reported the road department needs their FCC license renewed and the radios have to be upgraded to the 12.2 KHZ technology because FCC states we can no longer use the radios that have 150-512 MHZ. This must be done by January 2013. He’s been talking to Staley Technologies, Inc. and can save $1,770.00 by purchasing the radios from them, which would complete all the trucks and equipment totaling six (6) radios. The total amount for the radios, installation, converter and change of license would be $2,982.00.

After discussion, TRUSTEE GRESS MOTIONED TO PURCHASE SIX (6) USED RADIOS IN THE AMOUNT OF $2,982.00 FROM STALEY TECHNOLOGIES, INC. OF CANTON SECONDED BY TRUSTEE SHAFER. MOTION CARRIED. RES#10-152

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

Damage and drainage problems on Shannon Street: Jack reported this has been an on-going problem and he’s still trying to get the builders (Kauth Builders & Victorygate Custom Homes) to repair the damage to our roadway caused by their heavy equipment when building houses on Shannon Street. Gary Connor from Stark County Engineers said their office has completed a survey of the drainage along Shannon St. west of Pilot Knob stating to control the drainage adequately, it would require the installation of 400 feet of 24 inch pipe along the north side of the road as well as a new 30 inch culvert crossing at the west end. Jack feels this would be a good project for next year.

2010, July 22 Trustees Minutes (Cont.)

Progress report on Canaan Acres project: Jack reported the Canaan Acres drainage project (running pipe in the low lying area running south on Ruble, west on Brownhurst and south on Parkhurst – all pipe is in the road right-of-way) is about ¾ done. They’ve been there a total of approximately eight (8) days so far with some of those days being ½ days.

Road Report: TRUSTEE GRESS MOTIONED TO APPROVE THE ROAD REPORT FOR JULY 22, 2010 AS WRITTEN SECONDED BY TRUSTEE SHAFER. MOTION CARRIED. RES#10-153

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

ZONING DEPARTMENT: (Keith Lasure, Inspector)

Resolution to place properties on the tax duplicate: TRUSTEE SHAFER MOTIONED TO PLACE THE FOLLOWING PROPERTIES ON THE TAX DUPLICATE IN COMPLIANCE WITH ORC 505.86 & 505.87: 4000 BROADWAY AVE. FOR $500.00; 8448 PARIS AVE. FOR $700.00, 6466 COLUMBUS RD. FOR $800.00 AND 6306 LOUISVILLE ST. FOR $450.00 SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#10-154

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

Review of legal assistance from Stk. Co. Prosecutor on current problems: Keith reported he and Trustee Lynch took the following eleven (11) cases to the Stark County Prosecutor for legal assistance with all being in progress of being handled:

· Mr. Reed on Apple Street

· Noise Resolution

· Carriage House noise issues

· Bud’s Corner noise issues

· Paul Merola on Victory Street

· Miller barn fire clean up on Columbus

· Mr. Burke on Columbus – two abandoned vans

· 4900 Eshleman

· Dunn home business on California

· Brogan contempt action (Columbus)

· Shannon Street damage

Zoning Report: TRUSTEE GRESS MOTIONED TO APPROVE THE ZONING REPORT FOR JULY 8, 2010 AS WRITTEN SECONDED BY TRUSTEE SHAFER. MOTION CARRIED. RES#10-155

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

2010, July 22 Trustees Minutes (Cont.)

FISCAL OFFICER: (Barry Evans)

Resolution to place road levy on November ballot: Mr. Evans explained we have three chances to place the road levy on the ballot: November 2010, May 2011 and the following November.

After discussion, TRUSTEE SHAFER MOTIONED TO DECLARE IT NECESSARY TO SUBMIT THE QUESTION OF LEVYING AN ADDITIONAL TAX IN EXCESS OF THE TEN-MILL LIMITATION FOR THE PURPOSES SET FOR IN AND PURSUANT TO SECTION 5705.19(G) IN THE REVISED CODE SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#10-156

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

TRUSTEE LYNCH MOTIONED DETERMINING TO PROCEED WITH THE SUBMISSION OF THE QUESTION OF LEVYING A RENEWAL AND AN INCREASE IN EXCESS OF THE TEN-MILL LIMITATIN FOR THE PURPOSES SET FORTH IN AND PURSUANT TO SECTION 5705.19(G) OF THE REVISED CODE SECONDED BY TRUSTEE SHAFER. MOTION CARRIED. RES#10-157

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

CITIZENS:

No one signed up to speak at tonight’s meeting.

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

Coming-Together resolution: TRUSTEE GRESS MOTIONED TO ADOPT THE FOLLOWING ‘COMING TOGETHER’ RESOLUTION SECONDED BY TRUSTEE SHAFER. MOTION CARRIED. RES#10-158

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

RESOLUTION

COMING TOGETHER – SUSTAINING DIVERSITY

July 22, 2010 RES # 10-158

ALLEN E. GRESS moved for the adoption of the following resolution.

WHEREAS, Nimishillen Township is a diverse community devoted to excellence;

WHEREAS, the statutory authority for the governance of Nimishillen Township is vested in the duly appointed and/or elected members of the Board of Trustees of Nimishillen Township;

WHEREAS, issues of diversity are of a significant and ongoing interest to the members of Board of Trustees of Nimishillen Township in their official duties and personal and professional lives;

2010, July 22 Trustees Minutes (Cont.)

WHEREAS, the Board of Trustees of Nimishillen Township, as a matter of institutional policy, highly values inclusiveness, representation and diversity as essential sources of strength and vitality for our community;

WHEREAS, the Board of Trustees of Nimishillen Township embraces the achievement of diversity as an invaluable element of our mission, vision and values;

THEREFORE, be it resolved by the Board of Trustees of NimishillenTownship that the infusion of diversity into all aspects of Nimishillen Township’s life is of paramount importance and we hereby recommit itself to that shared value and hereby challenges all members of the Nimishillen Township community to act affirmatively in identifying, creating and accomplishing diversity in its many forms and venues.

MICHAEL L. LYNCH seconded by motion.

Change hours in noise resolution: After discussion about changing hours in our

current noise resolution, this was tabled to the next meeting. Trustee Shafer will

handle.

Northeast Ohio Township meeting July 26^th: Trustee Gress said he would like

To be more involved with the monthly meetings but cannot attend this one.

Trustee Lynch said he would be able to go.

Plans for road levy campaign: Discussion was held on how to get the word out that the passage of the road levy is needed not only to maintain roads but to be able to purchase equipment, maintain equipment, and continue the daily operations of the road department. Trustee Shafer said she would like to see the road department crew participate on getting the word out, flyers were suggested and ads in the local newspaper. Below is an estimate of the cost for chip & seal and to blacktop, which does not include replacing equipment, maintenance of equipment, storm sewers, etc. This was tabled for further discussion at a later date.

Miles of Chip & Seal, Blacktop

(Estimate)

27 miles of chip & seal

42 miles of blacktop

1. Chip & seal: If the TWP would do 9 miles a year for 3 years, you could cover all 27 miles then start over again to keep the chip & seal in good shape.

2. Blacktop: if the TWP would do 4.2 miles a year for 10 years, you could cover all 42 miles then start over again to keep the blacktop in good shape.

2010, July 22 Trustees Minutes (Cont.)

o The township is spending $60,000.00 plus a year on asphalt just loader patching and spending $60,000.00 in salt (2009)

o To chip & seal 1 mile at 2010 prices = $11,000.00 (by township road department)

o To blacktop1 mile at 1½” at 2010 prices = $55,000.00 (by contractors)

o To motor pave 1 mile with 2” limestone and chip & seal at 2010 prices = $77,163.00 (by contactors)

o To do 4.2 miles at 1½” at 2010 prices= $231,000.00 (by contractors)

o To do 9 miles of chip & seal at 2010 prices = $99,000.00 (by township road department)

NOTE: None of the above includes replacing equipment, maintenance of equipment, storm sewers, etc.

Declaration of an unsafe building and a nuisance: Trustee Gress said this was already discussed under Zoning – referring to the Miller barn fire. With this being agricultural, we might not be able to make him clean it up. Stark County Prosecutor, Lisa Barr, is checking into this further.

Two Executive Sessions: TRUSTEE SHAFER MOTIONED TO ENTER INTO EXECUTIVE SESSION AT 8:30 PM REGARDING PERSONNEL – FOR THE PURPOSE TO CONSIDER DISCIPLINE OF FIRE DEPARTMENT AND OTHER PUBLIC EMPLOYEE(S) AS AUTHORIZED UNDER OHIO REVISED CODE 121.22(G)(1) SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#10-159

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

TRUSTEE SHAFER MOTIONED TO RETURN FROM EXECUTIVE SESSION AT 9:05 PM AND RESUME THE REGULAR MEETING SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#10-160

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

RESOLUTION TO APPROVE JULY 8, 2010 MINUTES:

TRUSTEE SHAFER MOTIONED TO APPROVE THE WRITTEN MINUTES FOR JULY 8, 2010 SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#10-161

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

2010, July 22 Trustees Minutes (Cont.)

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 $63,341.23 SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#10-162

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

SIGN CHECKS AND ADJOURN:

TRUSTEE SHAFER MOTIONED TO SIGN CHECKS AND ADJOURN AT 9:05 PM SECONDED BY TRUSTEE GRESS. MOTION CARRIED. RES#10-163

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

________________________ _________________________________

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