Nimishillen Township Board of Trustees

February 21, 2007

Text Box:  

 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.

 President Shafer called the meeting to order and led the staff and audience in the Pledge of Allegiance.


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 Jackson Township Safety Center.


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 township garage
  • 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.


After 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 CARRIED.  Res#07-064


Lisa 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.


Mike 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 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


Nimishillen Township Board of Trustees

February 21, 2007 (Cont.)


EPA REPORT: (Keith Lasure)


Keith 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.




Transfers Per 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.  Res#07-066


Appropriate $150,000 into 01-A-23:  Carlene reported on the appropriation of $150,000 into 01-A-23 Miscellaneous Expenses.




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


CONCERNS OF TRUSTEES: (Lisa R. Shafer, Michael L. Lynch, Allen E. Gress)


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.


Mrs. 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.


Lisa 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 for.


Allen 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.


Allen 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.

Nimishillen Township Board of Trustees


February 21, 2007 (Cont.)


Groffre Investment Lawsuit (Cont):

Allen 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.


Road Superintendent 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.


Allen 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.


Lisa 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


Keith 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.




Allen 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.


Nimishillen Township Board of Trustees

February 21, 2007 (Cont.)




Mike 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




Mike 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


Lisa Shafer excused the Louisville High School Class students, and the elected officials signed their papers.




Mike 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


The meeting adjourned at 7:40 PM.






ATTEST: Carlene Harmon, Fiscal Officer                   Lisa R. Shafer, President







                                                                            Michael L. Lynch, Vice President






                                                                                              Allen E. Gress, Trustee