Special Session Regarding the Groffre Investments Lawsuit
October 12, 2006
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On Thursday, October 12, 2006, the Board of Trustees of
Vice
President Lisa Shafer called the meeting to order at 6:30 PM. Attorney James Mathews was also present for
the special meeting to discuss pending litigation regarding the Groffre
Lawsuit.
Lisa
Shafer moved to go into Executive Session at 6:31 PM with Attorney Mathews to
discuss the Groffre Lawsuit, seconded by Mike Lynch. Roll call voting: Lisa Shafer – yes and Mike Lynch – yes. MOTION CARRIED.
Lisa
Shafer moved to come out of Executive Session at 6:55 PM, seconded by Mike
Lynch. Roll call voting: Lisa Shafer – yes and Mike Lynch – yes. MOTION CARRIED.
Lisa
Shafer moved to adjourn the special meeting at 6:56 PM, seconded by Mike
Lynch. Roll call voting: Lisa Shafer – yes and Mike Lynch – yes. MOTION CARRIED.
_______ABSENT____________ __________ABSENT________________
Attest: Fiscal Officer Todd D. Bosley, Trustee President
Carlene Harmon
__________________________________
Lisa R. Shafer, Trustee Vice President
__________________________________
Michael L. Lynch, Trustee
On
Thursday, October 12, 2006, the Board of Trustees of
The regular meeting was called to order at 7:00 PM by President Todd D. Bosley who led the staff and audience in the pledge of allegiance.
INVOCATION: Trustee Mike Lynch gave the invocation.
PRESENTATION:
Firefighter/EMT,
Scott Bauer, presented a check from the Firefighter’s Association in the amount
of $1,000.00 to Mr. Dennis Biery and Mr. Todd Pugh, members of the
GUEST SPEAKERS:
1)
Attorney Jim Mathews with the Law Firm of Baker,
Dublikar, Beck, Wiley and Mathews stepped to the podium and gave an update on the
Groffre Investments Lawsuit stating this lawsuit stems back to 2004. He explained there is a parcel on this
property that has been prone to flooding in the past and the property owner
filed a lawsuit.
Mr. Mathews explained there was a claim for monetary
damages for physical harm to the property (damage to drywall, flooring,
etc.). There was also a claim for an
order to compel the township to do certain repairs, such as making drainage and
ditching improvements, to try to eliminate the condition that caused the
flooding.
Mr. Mathews further explained the third aspect of
the case sought an order of mandamus to compel the Board of Trustees to
compensate the property owner for effectively taking the property during the
periods of the flooding. This means that
because the township did not repair and make improvements to the drainage
system, the private property was subject to flooding. Therefore, the property owner is seeking additional
monetary damages.
A law firm in the
The second part of the case, which deals with
repairs, has also been resolved. The
Board of Trustees designed some repairs to this area (the drainage ditch that
ties into this as well as some improvement to the drainage system). The capacity in this system is now greatly
improved. Mr. Mathews said the property
owner acknowledges the repairs that have been done by the township and stated
the repairs are satisfactory and will eliminate any further flooding issues.
The third and final aspect of the case is no longer
handled in the
Attorney Mathews said if and when a trial is
scheduled, it would be open to the public.
The public can also keep track of the case via the Internet. Questions, answers and discussion followed.
2) Stark County Auditor, Kim Perez, stepped to the podium and explained the new Pictometry camera equipment. He explained this is available to the fire department, police and other government offices. He explained when the fire department is on a call, they can actually measure a building to see if they have proper ladders and other equipment.
Mr. Perez said this system also has an ‘air quality’ device. In the event of a leak and an area needs to be evacuated, by putting in the wind speed and direction, it will tell you exactly what area needs to be evacuated.
The camera system was part of the million-dollar Federal Grant, which was obtained
with the help of Ralph Regula’s office from the Homeland Defense Fund and
$120,000.00 from 911/Homeland Defense. Mr. Perez said the Sheriff’s Department
would actually accept the money from the Homeland Defense Fund and said the
Sheriff Department will most likely end up housing the data because they have back up
generators in
case of a power outage. The Stark
back up disk. Upgrades to GIS Phase II will be upgraded this fall. The Pictometry,
which goes on top of this, is an addition to the GIS (Geographic Information
Systems).
Discussion was held on tax bills, which are sent out in January. Residents have until
March 31st to file and appeal to the Board of Revision if they feel there is a
discrepancy. The public can get information by going to the Auditor’s website at
FIRE DEPARTMENT: (Chief Rich Peterson)
Combat
Challenge Fitness Assessments: Chief Peterson reported the Firefighter Combat
Challenge Assessments are this Sunday (10/15) and next Sunday (10/22) from 8:00
AM to 12:00 Noon in the training tower at
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Fire Levy Information Meetings: To discuss the need for the upcoming fire
levy and to answer questions/concerns from township residents regarding the
operation of the fire department, the next two (2) public information ‘Town
Hall’ meetings are Tuesday (10/17) at 7:00 PM at Sta. #2 and Sunday (10/22) at
1:00 PM at Sta. #3. Everyone is
encouraged to attend one or all meetings.
Approval
to Purchase 911/CAD/Mapping and Telecommunications Equipment: Chief Peterson said he did
receive approval from the prosecutor’s office to go ahead with the purchase of
the 911/CAD/Mapping and Telecommunications Equipment as presented. After discussion, Lisa Shafer moved to authorize
the purchase of Dispatching/CAD/Mapping and Telecommunications Equipment as
listed in the attached equipment list from AT&T / Positron in the amount of
$366,735.89, seconded by Mike Lynch.
Roll call voting: Lisa Shafer –
yes, Mike Lynch – yes and Todd Bosley – yes.
MOTION CARRIED. (See attached)
Approval
to Advertise for Bids for Construction of
Update
on Sta. #3: Chief Peterson said a Mediation meeting is scheduled for November 1st
at 11:00 AM. The meeting location is to
be determined later. The Chief said this
would hopefully mediate some of the construction issues with the building. The transfer switch from Spring Electric will
be delivered either this week or next and within the next two weeks, Station #3
will be officially operational with beds and equipment in place.
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Fiscal
Officer, Carlene Harmon, asked Chief Peterson if it was necessary to bid out
the 911/CAD/Mapping & Equipment. The
Chief said there’s a section in the
ROAD DEPARTMENT: (Chris Peterson)
Todd
Bosley excused Road Superintendent, Chris Peterson, from tonight’s meeting.
Road
Report: Lisa Shafer moved to approve the written Road
Report for October 12, 2006, seconded by Mike Lynch. Roll call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd
Bosley – yes. MOTION
CARRIED.
ZONING DEPARTMENT: (Keith Lasure)
Zoning
Report for Stark
Zoning
Report:
Lisa Shafer moved to approve the written Zoning Report for October 12, 2006,
seconded by Mike Lynch. Roll call
voting: Lisa Shafer – yes, Mike Lynch-
yes and Todd Bosley – yes. MOTION CARRIED.
EPA REPORT: (Keith Lasure)
CONCERNS OF THE FISCAL OFFICER: (Carlene Harmon)
Transfers
per Res. #06-015: None
Resolution
to Accept Amounts and Rates by the Budget Commission: Lisa Shafer moved to
accept the amounts and rates as determined by the Budget Commission and
authorizing the necessary tax levies and certifying them to the county auditor,
seconded by Mike Lynch. Roll call
voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley – yes. MOTION CARRIED.
Repay
$33,740.00 from Fire Fund 10 to General Fund 01: Lisa Shafer moved to repay
$33,740.00 to the General Fund that was advanced to the Fire Department from
the Fire Department Capital Improvements Fund and advance another $33,740.00
from the General Fund to the Fire Fund for operations, seconded by Mike Lynch. Roll call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd
Bosley – yes. MOTION CARRIED.
CONCERNS OF CITIZENS:
There were no concerns of citizens.
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CONCERNS OF TRUSTEES: (Todd D. Bosley, Lisa R.
Shafer and Michael L. Lynch)
Trick
–or-Treat: Todd Bosley moved to observe Trick –or-Treat Sunday, October 29th,
from 3:00 PM to 5:00 PM as set by the
Resolution
to Advertise for ZBA / ZC Terms expiring December 31, 2006: Todd Bosley moved to
advertise for terms expiring 12/31/06 for Nicholas Reynolds (ZBA) and Floyd
Fernandez (ZC), seconded by Lisa Shafer.
Roll call voting: Todd Bosley – yes, Lisa Shafer – yes and Mike Lynch –
yes. MOTION
CARRIED.
Change
November 23rd Trustees’ Meeting / Close Offices November 24th: Due to Thanksgiving Todd
Bosley moved to change the November 23rd Trustees’ Meeting to
Monday, November 20th and to close the Administrative Office and
Road Department on Friday, November 24th, seconded by Lisa
Shafer. Roll call voting: Todd Bosley-
yes, Lisa Shafer – yes and Mike Lynch – yes. MOTION CARRIED.
Township
Newsletter: After discussion on how many times the township newsletter should go
out (quarterly – 4 issues yearly; every 4 months – 3 issues annually or twice a
year). The Board agreed to table this
until the next Trustees’ meeting.
Residents Terri Fidelholtz and Donna Fuller gave their opinion regarding
the number of issues they feel should go out.
8:00 PM:
Todd
Bosley excused the Louisville High School Government Class students, and the
elected officials signed their papers.
OLD BUSINESS:
Guidelines
for Committee for the Advancement of
Ø
Feels the committee should meet on a monthly basis for six (6) months
to start and then schedule accordingly depending on the need
Ø
The Board would appoint eighteen (18)
Ø
Would like to see the committee focus on how the township can work
together with the City of
Ø
Look at annexation issues to see how these issues can be resolved
Ø
Formulate a land use plan for the township (what do we want to do with
our farm land and how do we want to see it divided) and suggested that Keith
Lasure would be very helpful to this group as far as obtaining answers to
different things that can be done
Ø
Would like to appoint one (1) member from the Zoning Board of Appeals
and one (1) member from the Zoning Commission
Ø
This committee is not to be political - no member of the committee
shall be a past or current township employee – no elected officials will be
appointed to this committee
After
discussion, the Board agreed to have Tillie Kinsley put an article in the
upcoming Nimishillen Narrative and asked the reporters to put an article in the
paper that the township is accepting applications. Applications are to be mailed to
Todd Bosley then reported that there is a large open storm sewer
(on
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NEW BUSINESS:
Lisa
Shafer reported we received notification that the court ruled in our favor
regarding the Brogan Lawsuit. She said
at this point, Mr. Brogan is only allowed to have his well-drilling business
and is only to have four (4) six-wheeled vehicles parked on the property –
everything else at this point will be abolished. She stated this will more than likely be
appealed.
APPROVAL OF MINUTES:
Lisa
Shafer moved to approve the September 28th, 2006 Minutes, as
written, seconded by Mike Lynch. Roll
call voting: Lisa Shafer – yes, Mike Lynch – yes and Todd Bosley - yes. MOTION CARRIED.
APPROVE ALL PURCHASE ORDERS, FINANCIAL REPORT AND PAY
BILLS IN THE AMOUNT OF $22,015.65:
Lisa
Shafer moved to approve all Purchase Orders, Financial Report and pay bills in
the amount of $22,015.65, seconded by Mike Lynch. Roll call voting: Lisa Shafer – yes, Mike
Lynch – yes and Todd Bosley – yes. MOTION CARRIED.
SIGN CHECKS AND ADJOURN:
Lisa
Shafer moved to sign checks and adjourn, seconded by Mike Lynch. Roll call voting: Lisa Shafer – yes, Mike
Lynch – yes and Todd Bosley – yes. MOTION CARRIED.
The
meeting adjourned at 8:15 PM.
______________________________
__________________________________
Attest: Fiscal Officer Todd D. Bosley, Trustee President
Carlene Harmon
__________________________________
Lisa R. Shafer, Trustee Vice President
__________________________________
Michael L. Lynch, Trustee