PLAIN TOWNSHIP BOARD OF TRUSTEES Easton St. NE Page 1 of 8 Canton, OH July 26, 11 WORK SESSION

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1 2600 Easton St. NE Page 1 of 8 WORK SESSION Attendance: Scott Haws, Louis Giavasis, Albert Leno, II, Claude Shriver, Eric Williams, John Sabo, Joe Iacino and Nick Campanelli. No media present at this time. This Work Session was entitled Disaster Process. The program was turned over to Chief Sabo and he discussed the disaster process that is presently in effect through Stark County. He went over planning, preparation, training and response that are the main ingredients to a properly organized disaster process team. He also discussed funding. He stated there are three levels of EMA that being local, state and federal. Plain Township signed a contract in 1988 to have Stark County act as their EMA. He also said that damage assessment for areas needed to be performed by trained personnel and that the Trustees or the Commissioners could activate the Emergency Operation Center (EOC). He also passed out a booklet and small flip chart and he urged the Trustees to read and said it was very easy reading. The program was very well received. REGULAR MEETING OPENING: The regular meeting was called to order at 6:00 p.m. by President Giavasis who led the pledge of allegiance. ATTENDANCE: Scott Haws, Louis Giavasis, Albert Leno, II, Claude Shriver, Eric Williams, Chief John Sabo, Joe Iacino, Chuck Kegley, Todd Alexander and Nick Campanelli. Media present: Betty O Neil Roderick, Akron Beacon Journal, Jackie Kienzle, North Neighborhood News and Edd Pritchard, Repository. Mr. Giavasis excused Mrs. Campbell from the meeting as she had a birthday in her family for one of her children. AGENDA: The agenda was accepted as presented. Chief Sabo interrupted the beginning of the meeting due to occupancy concerns in the room and discussed what would take place should we exceed the amount of 85 people. SHERIFF'S REPORT: No Report UNFINISHED BUSINESS: NEW BUSINESS: None Contract COPS in Schools Law Enforcement Officer # Motion by Mr. Haws, Trustees, Stark County, Ohio to authorize the Plain Township Administrator to enter into a contract with the Stark County Sheriff s Office to provide a School Resource Officer to the Plain Local School District for the 2011/2012 school year in an amount not to exceed $50, to be paid from Fund # BE IT FURTHER RESOLVED that the Plain Local School District shall reimburse Plain Township in an amount equal to one-half of the contract amount (not to exceed $25,106.46). The Plain Local School District shall tender such reimbursement to Plain Township within thirty (30) days of receiving the invoice for the

2 2600 Easton St. NE Page 2 of 8 utilization of the School Resource Officer. Seconded by Mr. Leno. Vote: Mr. Giavasis, yes; Mr. Haws, yes; Mr. Leno, yes. 2. False Alarms # Motion by Mr. Haws, WHEREAS, the Plain Township Board of Trustees has authorized charges for each false alarm from an automatic security alarm system in excess of three (3) false alarms within a calendar year pursuant to its authority under Ohio Revised Code Section (Resolution #06-567) in the following amounts: for the fourth false alarm $50.00; for the fifth false alarm $150.00; and WHEREAS, the Plain Township Board of Trustees has been duly notified by the Stark County Sheriff, under contract to Plain Township, that an excess of three (3) responses to such alarms have been made at the following businesses and/or residences: FISCAL OFFICER S REPORT: NAME ADDRESS # AMOUNT Hungry Howies 2121 Columbus Rd NE 4 th $ Pizza Schumacher 2715 Wise Ave NE 7 th $ Homes Rt. 62 Drive Thru 2920 Harrisburg Rd NE 4 th $ Robert Belden, 3874 Croydon Dr NW 5 th, $ Trustee 6 th Scott & Katheleen Zurakowkski 6703 Birchbark Ave NE 4 th $ NOW THEREFORE BE IT HEREBY RESOLVED by the Plain Township Board of Trustees, Stark County, Ohio, to direct the Plain Township Fiscal Officer to send a Notice of Bill for Excess False Alarms to the locations identified above; and in the event that any bill noted above is not paid within thirty (30) days, or to show just cause why the bill should not be paid, will result in the assessment of a lien upon the real estate in the above-stated amount. BE IT FURTHER RESOVLED, that if payment is not made within thirty (30) days, or just cause shown, then the Fiscal Officer shall cause the above-stated amounts for each false alarm in excess of three (3) per year to be entered upon the tax duplicates of each location as a lien upon said real estate from the date of entry, which shall be collected as other taxes and returned to the Township general fund. Vote: Mr. Giavasis, yes; Mr. Leno, yes; Mr. Haws, yes. 1. Pending Warrants # Motion by Mr. Giavasis, Trustees, Stark County, Ohio to authorize the payment of pending warrants in an amount of $246, as attached hereto and made a part of these minutes. Seconded by Mr. Leno. Vote: Mr. Giavasis, yes; Mr. Leno, yes; Mr. Haws, yes. 2. Payroll # Motion by Mr. Haws, Trustees, Stark County, Ohio to authorize payment of the regular payroll in an amount not to exceed $220,

3 2600 Easton St. NE Page 3 of 8 Vote: Mr. Giavasis, yes; Mr. Leno, yes; Mr. Haws, yes. 3. Medical Claims # Motion by Mr. Giavasis, Trustees, Stark County, Ohio to authorize payment for the following medical claims as provided by Benefit Services: DATE WARRANT AMOUNT 7/19/ $ 2, Seconded by Mr. Haws. Vote: Mr. Giavasis, yes; Mr. Leno, yes; Mr. Haws, yes. 4. Investment Report was given, approved and there were no concerns. 5. Dollar General Store, 2682 Easton Liquor License Request This was approved with no hearing being requested. 6. Transfer of Funds # Motion by Mr. Haws, Trustees, Stark County, Oho to authorize the following transfers: FROM TO AMOUNT Road Tools & Contracts $ 2, Equipment Fire Tools & Salaries OT 50, Equipment Zoning Operating Other Expense Supplies ADMINISTRATOR: FIRE DEPARTMENT: Vote: Mr. Haws, yes; Mr. Leno, yes; Mr. Giavasis, yes. No Report 1. Health & Wellness Reimbursement Craig Hamilton & Douglas Woodyard # Motion by Mr. Haws, Trustees, Stark County, Ohio to reimburse Craig Hamilton $ and Douglas Woodyard $ for their Health Care Memberships according to Provision 37 of the Collective Bargaining Agreement to be taken from Account # Vote: Mr. Giavasis, yes; Mr. Haws, yes; Mr. Leno, yes. 2. Chief John Sabo Mr. Leno stated that he attended the award ceremony in Columbus on July 19 th. Chief Sabo was awarded the Fellow award. He further said that the Township had the best Fire Chief in the country. The other members agreed and said that he will be truly missed when he retires. Chief Sabo received an applause from those attending.

4 2600 Easton St. NE Page 4 of 8 ROAD DEPARTMENT: ZONING DEPARTMENT: th Street Flooding Meyers Lake Mr. Joe Iacino went over the problem with the water that is set very high in the lake and is higher than the Plain Township pipes. There are three separate associations involved with the Meyers Lake Village and he said all of them are now involved in a lawsuit and they are refusing to lower the water. He talked to the Hydraulics Engineer with the Stark County Engineer s Office and they are aware of the problem. After discussion, it was decided that we would be meeting with the County and then try to put together a collective meeting with the people from Meyers Lake to see if we can urge them to lower the water table in the lake. 1. Nuisance Abatements a) th Street NE # Motion by Mr. Haws, WHEREAS, a public hearing was held on July 26, 2011 by the Board of Trustees regarding the property conditions at th Street NE, Stark County, Ohio (Parcel # ); and WHEREAS, Janet Hetrick, has failed to demonstrate satisfactory progress in correcting the violations at the above property; and WHEREAS, the Plain Township Board of Trustees has provided the owner(s) of the property with notice and opportunity to be heard on this matter; NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plain Township Board of Trustees, Stark County, Ohio that: 1. High grass and/or weeds constitutes a nuisance under Ohio Revised Code Section and 2. The nuisance shall be abated, controlled, or removed according to the procedures outlined in ORC Section , and 3. Notice of this decision will be provided to the property owners and any holders of liens of record thereon. Vote: Mr. Leno, yes; Mr. Haws, yes; Mr. Giavasis, yes. PARKS & FACILITIES: LAW DIRECTOR: No Report. No Report. CENTRAL MAINTENANCE: COMMUNICATIONS: No Report 1. N. Canton YMCA Triathlon, August 21, 2011 Information from the North Canton Police Department with regard to the North Canton YMCA will be holding a Triathlon on August 21, 2011 from 7:30 am to 10 am. They wanted Plain Township to know they would not be closing any roads as there are only 50 persons registered for this event and people will need to be very cautious.

5 2600 Easton St. NE Page 5 of 8 CONCERNS OF CITIZENS: With Regard to flooding: 1. Bob Oakes th Street NE Supplies the Board with sketches and photos of a recent flooding problem that he said is going on for years. He said there is not proper drainage on 55 th Street to move the water. 2. Larry Hawkins 5414 Lindford NE He also reiterated these facts and said there are extreme erosion problems that go along with this. Mr. Iacino explained that are no direct drain lines on the south side and he has been trying for five years for a grant. Each year he has been turned down. He feels the project will be about $1 million. He could add more catch basins and do something to alleviate some of the problem. He said the reason for the grant being turned down is normally you need to partner with another community and we don t have a community to partner with but he is going to try again for the grant project and try to get it approved. Until then, Mr. Leno and Mr. Iacino will look at the area and see what they can do to add more basins to try to alleviate part of problem. 3. Gary and Vickie Ferguson 5404 Lindford Also had the same concerns about the flooding in that area. With Regard to Hydrofracking: (Petitions were presented to the Board and are made a part of these minutes.) 4. Bob Brenneman 4133 Plain Center NE He read excerpts from a letter he received from Chesapeake. 5. Suzanne Garver 5915 Linder Circle NE Read a dissertation she put together urging the Township to ban fracking in Plain Township in its entirety. 6. Ralph Warth 2910 Chaucer NE Had the same concerns in regard to hydrofracking. 7. Gary Grosenbaugh 2870 Saxton NE Said he understood there were concerns about lawsuits against the Trustees and he wanted to say that he talked to an attorney and if they are acting on behalf of the Township, they could not be sued individually. Mr. Williams, the Township Law Director said there was not a concern about personal liability but they did have to follow the law and they could not do the ban as it does not follow the law as presently written. The Law Director s concern to the Trustees would be the money spent to support a lawsuit especially if the Township were responsible and paid the other side s legal fees. He said this is a new and novel situation, risks are present and real. 8. Chuck Osborne 307 Fairview St SE, North Canton He said the Township should speak to North Canton, Lake and Jackson and spread the risks and ban together. Mr. Giavasis stated they have been working together. 9. Jeff Davies 1121 Southwood Lane, North Canton

6 2600 Easton St. NE Page 6 of 8 He is a North Canton City councilman and said similar legislation that Plain Township has presently is in the works in North Canton. 10. Darla Bruno 6519 Pebble Creek Ave NW Felt that the Township should go further than we are now and maybe even consider this a civil rights issue. 11. Sandy Plum 6050 Leyton Ave Wanted to know if it would be possible to somehow consign individual properties to the Township so we would fall under their present ban. 12. Lilia Fuguen 2819 Brentwood Rd NW Talked about the children and grandchildren of the future and that one out of 150 of these wells go bad. 13. Gale Nagel 1503 Easthill St SE Wanted to thank the Trustees for what they have done so far but was concerned about the water contamination which would have a huge financial effect on the Township. She was also concerned with permit issuance and whether those permits be grandfathered. 14. Joe Abbonizio 2736 Chaucer Dr NE Wanted to know how each individual Trustee felt about this entire situation. He wanted to know how Mr. Haws felt. Mr. Haws said he escalates his concerns to our State officials where they should be taken because they are ultimately responsible because it is Ohio Revised Code that takes charge of all this. Mr. Leno said he is not convinced that this is safe drilling and he reiterated the problems that we have had in the past in Steiner Heights. 15. Sandy Abbonizio nd Street NE Compared attorney fees virus bringing water in should there be a contamination problem. 16. Joe Sirgo 1380 Skyway NE Wanted to know how Mr. Haws voted on the last resolution. Mr. Haws said he voted no simply because it was not necessary because the Township already has the right to ban this type of procedure on Township property. 17. Miriam Baughman 320 Weber Ave NE, North Canton Wanted to know if it would be possible to put restrictions on the roadways and restrictions on the tonnage of trucks. 18. Walt Broucker 5899 Linder Circle NE Would it be possible to raise the bond? He had concerns regarding contamination of individual wells. 19. Jack Richards 7434 Goodland St. SE, Waynesburg, Ohio He talked about problems he had with State Representative Shuring with the landfill situation in Waynesburg. 20. Fred Rossetti 2048 Mt. Pleasant

7 2600 Easton St. NE Page 7 of 8 Said we are time concerned that this drilling will go underneath all properties. There are not many farms left. Years ago the Township was mainly rural farm land. Most all of live in allotments now and don t the rights to our mineral rights and they people that own the mineral rights don t live in this area. 21. Vicki Feola 2685 Tulip St NE Where are we in the process of working with other communities? Mr. Giavasis said that the Board has had contact with North Canton, Alliance, Canton and Lake Township. All are on board in putting together similar legislation. CONCERNS OF TRUSTEES: None CONCERNS OF FISCAL OFFICER: None APPROVAL OF MINUTES: 1. Meeting July 12, 2011 # Motion by Mr. Giavasis, Trustees, Stark County, Ohio to waive the reading of the minutes of the regular meeting held July 12, 2011 and make them part of the record as if read in their totality; and BE IT FURTHER RESOLVED by the Plain Township Board of Trustees, Stark County, Ohio to approve the minutes of the regular meeting held July 12, 2011 as presented. Seconded by Mr. Haws. Vote: Mr. Leno, yes; Mr. Haws, yes; Mr. Giavasis, yes. 2. Special Meeting July 19, 2011 # Motion by Mr. Giavasis, Trustees, Stark County, Ohio to waive the reading of the minutes of the special meeting held July 19, 2011 and make them part of the record as if read in their totality; and BE IT FURTHER RESOLVED by the Plain Township Board of Trustees, Stark County, Ohio to approve the minutes of the special meeting held July 19, 2011 as presented. Seconded by Mr. Haws. Vote: Mr. Leno, yes; Mr. Haws, yes; Mr. Giavasis, Yes. EXECUTIVE SESSION: # Motion by Mr. Giavasis, BE IT HEREBY RESOLVED be the Plain Township Board of Trustees, Stark County, Ohio to adjourn to executive session at 7:35 p.m. from this regular meeting of July 26, 2011 as authorized under Ohio Revised Code (G) for the purpose of the consideration of: 1. (a) appointment of a public employee or official (b) employment of a public employee or official (c) dismissal of a public employee or official (d) discipline of a public employee or official Seconded by Mr. Leno. Vote: Mr. Leno, yes; Mr. Haws, yes; Mr. Giavasis, yes.

8 2600 Easton St. NE Page 8 of 8 # Motion was made by Mr. Haws to return to public session at 8:02 p.m. Seconded by Mr. Leno. Discussion: Mr. Williams following return from Executive Session asked the Trustees what their desire was with regard to a Road Department discipline and asked if they wanted to go forward with anything and the answer was no. Vote: Mr. Leno, yes; Mr. Haws, yes; Mr. Giavasis, yes. ADJOURNMENT: # Motion by Mr. Haws, Trustees, Stark County, Ohio to adjourn at 8:04 p.m. Vote: Mr. Haws, yes; Mr. Leno, yes; Mr. Giavasis, yes. Scott M. Haws Louis P. Giavasis Albert P. Leno, II Trustee Trustee Trustee ATTEST: Claude W. Shriver II Fiscal Officer