Special Session for Emergency Meeting
Trustee Lynch called the special meeting to order on the
recommendation of the Stark County Court of Common Pleas to discuss a possible
resolution to the R. P. Babik Construction Co., Inc., et al vs.
TRUSTEE LYNCH MOTIONED TO ENTER INTO EXECUTIVE SESSION WITH ATTORNEY ROBERTSON AT 3:02 PM to discuss a possible resolution to the R. P. Babik Construction Co., Inc. seconded by Trustee Shafer. Roll call voting: Lynch – YES, Shafer – YES and Gress –NO. MOTION CARRIED. RES#08-183
TRUSTEE LYNCH MOTIONED TO RETURN FROM EXECUTIVE SESSION AT 3:10 PM seconded by Trustee Shafer. Roll call voting: Lynch – YES, Shafer – YES and Gress – YES. MOTION CARRIED. RES#08-184
TRUSTEE LYNCH MOTIONED TO ACCEPT JUDGE RINEBOLD’S
RECOMMENTATION TO PAY R. P. BABIK CONSTRUCTION CO., INC. $100,000.00 TO SETTLE
THE LAWSUIT REGARDING FIRE STATION NO. 3 LOCATED AT
Trustee Shafer said the settlement is unfair to the taxpayers stating that the taxpayers are paying for a building and now they are paying for a building that is not right therefore disagreeing with the settlement.
The trustees also stated the condition of the parking lot (installed by Central-Allied) and sidewalk at Station No.3 is not satisfactory and these items also need to be fixed. Gress said they will be coming back to do some repair on the parking lot but not to replace the entire parking lot. Gress said the sidewalks are another matter that was not covered in this agreement.
Trustee Lynch said he voted for the settlement but said he is not happy with the settlement and criticized the Stark County Common Please Judge Richard Reinbold because in Lynch’s opinion, the judge urged the township officials to settle the lawsuit.
Special Session Emergency Meeting
Attorney Robertson stated that R. P. Babik will receive $100,000.00 and B & J Electric will receive $17,000.00. However, the township is expected to receive approximately $17,000.00 from the insurance carriers representing the two contractors, which should allow the township paying $100,000.00. Robertson said counterclaims were filed but this is just the way it has worked out.
TRUSTEE LYNCH MOTIONED TO ADJOURN AT 3:12 PM seconded by Trustee Gress. Roll call voting: Lynch – YES, Gress – YES and Shafer – YES. MOTION CARRIED. RES#08-186
ATTEST: Barry E. Evans Michael L. Lynch, President
Deputy Fiscal Officer
Lisa R. Shafer, Vice President
Allen E. Gress, Trustee
Minutes – Trustees Folder: Minutes – Trustees – 2008, March 14 Re Babik.doc