On Wednesday February 21, 2007, the Board of Trustees of
Nimishillen Township met in regular session at 7:00 P.M. at the Nimishillen
Township Hall with the following members present - Trustees: President Lisa R.
Safer, Vice President Michael L. Lynch, Trustee Allen E. Gress and Fiscal
Officer Carlene Harmon.
Shafer called the meeting to order and led the staff and audience in the Pledge
NOTE: The CD recorder was sent away for repair. The minutes were compiled from notes
compiled by the township secretary.
INVOCATION: Mike Lynch
gave the invocation.
FIRE DEPARTMENT: (Chief Rich Peterson)
Excuse Fire Chief: Due to a family emergency,
Lisa Shafer excused Fire Chief, Rich Peterson.
Reminder – Dispatch
Tour: Lisa Shafer reminded
everyone of the dispatch tour at 2:00 PM on 2/22/07 and of the meeting on
2/22/07 at 6:30 PM to discuss EMA reorganization at the
ROAD DEPARTMENT: (Acting
Road Superintendent, Jamie May)
Road Report for
February 21, 2007:
- Road crew replaced worn
down cutting edges on plow truck #1, #2 and #5
- Changed the oil and
greased truck #2, #5 and #4
- While out plowing on
February 14th, truck #4 had to be towed to Tom Phillips at
Jasper Transport to be repaired. On
the same day, truck #4 went to Superior Springs to repair a rear spring.
- The hydraulic line
broke in plow truck #1 while plowing.
The plow had to be removed from the truck and was repaired at the
- The road crew has been
busy plowing and salting roads, greasing and maintaining equipment,
cleaning the truck and the shop
- Plowed and salted on
February 13th, 14th, 15th, 16th,
17th, 18th and 19th.
Jamie read his road report, Mike Lynch moved to approve the Road Report for
February 21, 2007, as presented, seconded by Allen Gress. Roll call voting: Mike Lynch – yes, Allen
Gress – yes and Lisa Shafer – yes. MOTION
Shafer thanked township resident, Tom Phillips of Jasper Transport, for doing a
fabulous job repairing the truck. She
said it’s good to have someone step up and fix it on the same day.
Lynch thanked the road crew stating they have been plowing and salting 16 hours
a day, resting for 4 hours, and then back out again plowing and salting.
ZONING DEPARTMENT: (Keith Lasure)
Zoning Report for
February 21, 2007: Mike Lynch moved to accept
the Zoning Report for February 21, 2007, as written, seconded by Allen
Gress. Roll call voting: Mike Lynch – yes, Allen Gress – yes and Lisa
Shafer – yes. MOTION CARRIED. Res#07-065
Township Board of Trustees
February 21, 2007 (Cont.)
EPA REPORT: (Keith Lasure)
reported the Health Department is requesting storm sewer mapping for the
township for a report due April 1, 2007.
He also reported Todd Paulus and Bethany Kibler from the Stark County
Health Dept. will meet with him and Jamie Friday, Feb. 23rd, at 8:30
AM to go over the storm sewer mapping.
Allen Gress will also be present.
CONCERNS OF FISCAL OFFICER: (Carlene Harmon)
Res#07-021: February 17, 2007:
$1,000.00 from 10-A-15A Other-Medicare to 10-A-15 Other Expenses.
Increase Certificate of
Temporary Budget $150,000.00: Mike Lynch moved to
increase the Certificate of Temporary Budget $150,000.00 to the General Fund,
seconded by Allen Gress. MOTION CARRIED.
into 01-A-23: Carlene reported on the appropriation of $150,000
into 01-A-23 Miscellaneous Expenses.
CONCERNS OF CITIZENS:
one signed up to speak at tonight’s meeting.
CONCERNS OF TRUSTEES: (Lisa R. Shafer, Michael L. Lynch, Allen E.
Pursuing all avenues of
recovery regarding the Groffre Investments Lawsuit: Lisa started by referencing recent post cards
(attached) regarding the Groffre Lawsuit mailed by anonymous people, which
contained incorrect information.
Shafer then went on to explain the current Board of Trustees retained Attorney
Jeff Jakmides to pursue and go after recovery, which does include insurance
companies, as well as previous members who were on the Board of Trustees when
the lawsuit was filed.
Shafer explained a Mediation was to occur February 18th, 2007 but
because a settlement of $150,000.00 had been reached on February 14th,
2007, it was not necessary to go forth with the Mediation. She said the February 14th
agreement states the township is to pay $150,000.00 in damages to Groffre plus
repair one of the company’s buildings, which was affected by an inadequate
drainage system that the court deemed the township was partially responsible
Gress explained a settlement had to be reached explaining to go to court would
have cost an additional $30,000, win or lose.
He further stated the township lost the lawsuit and the appeal and a settlement
had to be made. The pending problem was
the question of whether or not the property owner (Jeffries) was entitled to
additional monetary damages for some loss of the use of their property.
Gress said the above mentioned post card asked residents to come to the Feb. 21st
Trustees Meeting to hold Mike Lynch and Lisa Shafer accountable. Mr. Gress said he wanted to go on record
stating he supports Mike and Lisa and they are not to blame for this
lawsuit. The lawsuit came about and was filed
during the previous Boards’ term.
Township Board of Trustees
February 21, 2007
Investment Lawsuit (Cont):
Gress said “The court asked both sides to get the flood damage to the Jeffrey
property appraised. The Jeffries Company
came back with a $160,000.00 plus figure.
What was the township’s appraisal?
None was ever submitted.
Why? This Board doesn’t
know. But that may be been a turning
point in the case, for the judge only had the Jeffries’ figures to go by. That $160,000.00 figure will become the basis
for the final settlement.”
Speed Study on Bentler: Mike Lynch said a resident
has asked him about doing a speed study on Bentler Avenue between
Columbus Road and Easton Street. After discussion, the Board agreed to send a
letter to the Stark County Engineers requesting a speed study.
Position: Discussion was held as to
whether or not to re-advertise for the road superintendent position. Mike Lynch talked about the State Employers
Relations Union and felt we should wait to see what happens with the union.
Gress feels we should re-advertise because the whole process of advertising,
setting deadline for resumes, setting up interviews, etc. is very time
consuming and it would take until at least May to complete the process.
Shafer said she agrees with Mike and said the Board needs to look at all the
job descriptions for all departments and feels it would be premature to even
look at hiring a road superintendent at this time. Lisa explained we are waiting for a decision
from SERB and explained depending on how SERB ruled would determine who to hire
and how the Board should proceed.
With no more discussion, the Board agreed to table this until the next
Trustees’ Meeting on March 8th.
Stark Soil & Water
– MS4 Program (Tabled from 2/8/07): After
discussion, Allen Gress moved to accept the offer from Stark Soil & Water
Conservation District to accept the terms of the contract with Lisa amending
the motion at an additional cost of $500.00 per year, seconded by Mike
Lynch. Roll call voting: Allen Gress – yes, Mike Lynch – yes and Lisa
Shafer – yes. MOTION CARRIED. Res#07-067
Lasure is to notify Julie Berberi at Stark Soil and Water.
Overtime Pay for
Part-Time Employees (Tabled from 2/8/07): The Board agreed to hold off for now and maybe, at a
later time, update the Nimishillen Township Employee Handbook. Lisa Shafer said she stands on what she said
at the last meeting and feels the road crew is paid a very competitive wage,
which covers extra hours they are expected to work.
CURRENT EVENTS: (Allen Gress)
Gress stated two weeks ago, he gave an update on the Winter Conference in
Columbus. He said he gave his card to an insurance
broker at the conference and received, in the mail, a gift card for a fast food
restaurant. Because it is unethical to
accept any type of ‘gift’, Mr. Gress randomly selected a student at tonight’s
meeting and gave her the gift card.
Township Board of Trustees
February 21, 2007 (Cont.)
Lynch moved to approve the Minutes from February 8th and 14th,
2007, as written, seconded by Lisa Shafer.
Roll call voting: Mike Lynch –
yes, Lisa Shafer – yes and Allen Gress – yes.
MOTION CARRIED. Res#07-068
APPROVE OF ALL PURCHASE ORDERS, FINANCIAL REPORT AND
Lynch moved to approve all purchase orders, financial report and pay bills in
the amount of $212,929.63, seconded by Lisa Shafer. Roll call voting: Mike Lynch – yes, Lisa Shafer – yes and Allen
Gress – yes. MOTION CARRIED. Res#07-069
Shafer excused the Louisville High School Class students, and the elected
officials signed their papers.
SIGN CHECKS AND ADJOURN:
Lynch moved to sign checks and adjourn, seconded by Lisa Shafer. Roll call voting: Mike Lynch – yes, Lisa
Shafer – yes and Allen Gress – yes. MOTION CARRIED. Res#07-070
meeting adjourned at 7:40 PM.
Carlene Harmon, Fiscal Officer Lisa
R. Shafer, President
Michael L. Lynch, Vice President
Allen E. Gress, Trustee