Special Meeting

Nimishillen Township Board of Trustees

Sunday, November 18, 2007


























































On Sunday, November 18, 2007, the Board of Trustees of Nimishillen Township met in special session at 6:00 P.M. at the Nimishillen Township Hall located at 4422 Maplegrove NE with the following members present: Trustee President Lisa R. Shafer, Vice President Michael L. Lynch, Trustee Allen E. Gress, Deputy Fiscal Officer Matilda Kinsley and Attorney Jeff Jakmides.


Trustee Shafer called the special meeting to order and led the staff and audience in the pledge of allegiance.


Invocation: Trustee Lynch gave the invocation.


Fiscal Officer Situation: Trustee Gress said a decision regarding the appointment of the fiscal officer must be made by the November 20th trustees meeting.  Tillie Kinsley was appointed as Deputy Fiscal Officer for thirty days.  Gress said there are two options to consider.  The first option is to re-appoint Tillie Kinsley and the second option is to find out if Barry Evans would be interested in starting his role early.


Trustee Shafer said she feels Barry Evans should be appointed and take over as fiscal officer.  She feels he can gain some knowledge and learn the procedures.  Shafer said Barry has a background in finance and feels it would not be a problem for him to take over as fiscal officer early.  She stated she feels to have him on board is crucial as we move into a new year, and it would give him a head start on the process.


Trustee Lynch said he met with Barry Evans and spent a couple hours talking to him.  Lynch said Barry has a background in finance, seems to be a team player and seems to be doing this because he is concerned about the township and is the type of man the Board is looking for. However, there are some concerns from Mrs. Kinsley and Mr. Evans about the end-of-year reports.  Lynch said past Fiscal Officer, Carlene Harmon, indicated she would be available to help Barry anytime he would need her and Barry said he would be willing to come on board early.  Lynch said if Mr. Evans is brought on board now, he’d see how it would go and how much help he might need from Mrs. Harmon.  Lynch said if, in thirty days, Mr. Evans is calling her all the time, compensation would be offered to her and she would be brought on as a consultant and be paid a stipend.


TRUSTEE LYNCH MOTIONED TO APPOINT BARRY EVANS AS FISCAL OFFICER effective as soon as he can be sworn in, not to be later than November 24, 2007 seconded by Trustee Shafer.


Before roll call voting, Trustee Gress said he has not talked to Mr. Evans.  He said he doesn’t know if Barry has had any finance in governmental affairs, be it township or whatever.  Gress said it’s his understanding the year-end reports are crucial and often difficult and that’s why the law says the new in-coming person takes office the end of March.  He indicated that Tillie has never done end of the year work and that Mr. Evans would not be familiar with our system.   Tillie would be teaching Barry the ropes and both of them would be learning the system.  With that said, Gress said he feels it would be beneficial to appoint Tillie to finish Carlene’s term and if she needs help, she could then call Carlene as was just suggested Barry could do.


Trustee Shafer said there’s a motion on the table and the Board needs to deal with the hand that has been dealt to them stating Carlene resigned due to moving out of the township and


Nimishillen Township Special Meeting

Sunday, Nov. 18, 2007 (Cont.)


many things have transpired with that.  Mrs. Shafer said no matter which way you look at it, Barry Evans is the fiscal officer whether he starts now or in March.  She said she hopes Tillie will be of assistance as she has done year end reports with Carlene and it’s her understanding that most of the budget has already been set (according to Tillie) so most of it is somewhat already in the stages. 


Trustee Lynch said Tillie indicated she took this job as a part-time job and does not want to work 40 hours a week stating that Carlene is available if needed.  Barry will see how much help he might need and he is the union financial officer so he might catch on quickly.


Trustee Shafer said November 23rd, 2007 is exactly thirty days from the date Carlene resigned and said the motion still stands.


Roll call voting:  Trustee Lynch – YES, Trustee Shafer – YES and Trustee Gress – YES.  MOTION CARRIED.  RES#07-407


Bookkeeping Procedure Change for 2008: Trustee Gress said what this entails is that he is suggesting at this time having the dispatch center account separate from fire funds.  He said the fiscal officer needs lead time to do this, which will give the fiscal officer six weeks or so before the new year begins.  He said the ambulance and emergency service is already separated from the fire so it seems only natural that the dispatch funds are kept separately, too.


Trustee Lynch suggested this should be tabled since a new fiscal officer is coming on board and should be involved.


Trustee Shafer said she sees no need to separate the fire funds stating we have a written legal opinion from the Stark County Prosecutor and State Auditor stating the way the funds are set up is accurate and nothing illegal is taking place.  (Prosecutor’s legal opinion attached)


After more discussion, this became a dead issue.


Request from CBNT (Citizens for a Better Nimishillen Township) for a Work Session: After much discussion, a work session was set.  TRUSTEE GRESS MOTIONED TO HOLD A WORK SESSION WITH CBNT regarding a presentation by Christy Bresson on Tuesday, December 4, 2007 @ 7:00 PM at the township hall seconded by Trustee Lynch.  Roll call voting:  Trustee Gress – YES, Trustee Lynch – YES and Trustee Shafer – NO.  MOTION CARRIED.  RES#07-408


Monthly Scheduled Work Sessions: Trustee Gress said because of the Sunshine Law, he would like to have set monthly work sessions so the Board could talk and discuss township business.  After discussion, it was decided regular scheduled work sessions would not be necessary because discussions should be held at regular trustees meetings and if there’s a particular item, then a work session could be set as needed.


Dates for Work Session with Louisville City Council: A letter has been prepared for the Board to sign this evening, which will go out in the mail tomorrow, November 19th.


St. Joe’s Project: Trustee Lynch gave an update stating this is a major problem.  Stark County, Nimishillen Township and the City of Louisville have been working together.  The cost of the project will be approximately $100,000.00 to be a three-way split between the city, township and county.



Nimishillen Township Special Meeting

Sunday, Nov. 18, 2007 (Cont.)


Trustee Lynch explained the system that will be built to control the water problem would be maintained by the city because it will all be on city land.  This will benefit the township without the township having to maintain it. 


The proposal is piping Knob with 24” pipe, run it across the back property line of St. Joe’s and to build a retention pond to catch the water and then the water would run out of the retention pond to catch basins and then run down into the Fairhope Ditch, which would be ideal.  This would solve the problems on Knob, Noel and Rosedale.  Gary Connor believes problems will be relieved on the west side of the township. 


Trustee Lynch said the receiving person of water just has to deal with it.  If the water comes to you, it’s your problem – it doesn’t matter where it comes from as long as it’s not altered.  Attorney Jakmides said sometimes it’s just not a township matter. 


The Board agreed to move forward with this project.


Holderman Project: Trustee Lynch reported the Stark County Commissioners told Gary Conner this project is a go – he received the funds from the commissioners to do it.  The township will provide the pipe and they (the county) will do the work.  The county will need 564’ of 15” pipe, 260’ of 12” pipe and three catch basins.  Lynch said we have the majority of the pipe in inventory.  The cost of the project will not exceed $5,000.00. 


Tillie Kinsley said we should have something in writing from the commissioners stating what our part is and what our funding will be.  She will call the commissioners office tomorrow and ask them to prepare an agreement to hopefully have by Tuesday, November 20th.


Trustee Gress said the Holderman project and the St. Joe’s project are problems that have existed for many years.


Other Business: Trustee Gress suggested employee evaluations for department heads should be ready by the 2nd meeting in December, which is December 27th, 2007.  The Board agreed.


Executive Session: TRUSTEE GRESS MOTIONED TO ENTER INTO EXECUTIVE SESSION WITH ATTORNEY JAKMIDES AT 7:05 PM to discuss union contract negotiations, legal expenses regarding Babik litigation and personnel issues seconded by Trustee Lynch.  Roll call voting:  Trustee Gress – YES, Trustee Lynch – YES and Trustee Shafer – YES.  MOTION CARRIED.  RES#07-409


TRUSTEE GRESS MOTIONED TO RETURN FROM EXECUTIVE SESSION AT 7:44 PM seconded by Trustee Shafer.  Roll call voting:  Trustee Gress – YES, Trustee Shafer – YES and Trustee Lynch – YES.  MOTION CARRIED.  RES#07-410


Adjourn: TRUSTEE GRESS MOTIONED TO ADJOURN AT 7:45 PM seconded by Trustee Shafer.  Roll call voting:  Trustee Gress – YES, Trustee Shafer – YES and Trustee Lynch – YES.  MOTION CARRIED.  RES#07-411









Nimishillen Township Special Meeting

Sunday, Nov. 18, 2007 (Cont.)







_________________________________                  __________________________________

ATTEST: Matilda Kinsley                                            Lisa R. Shafer, President

              Deputy Fiscal Officer






                                                                                                         Michael L. Lynch, Vice President







                                                                                    Allen E. Gress, Trustee