MINUTES

Nimishillen Township Board of Trustees

October 25, 2007

 

 

 

On Thursday, October 25, 2007, the Board of Trustees of Nimishillen Township met in regular session at 7:00 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 and Township Attorney Jeff Jakmides.

 

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

 

INVOCATION: Trustee Lynch gave the invocation.

 

EXECUTIVE SESSION:

 

TRUSTEE GRESS MOTIONED TO ENTER INTO EXECUTIVE SESSION for the purpose of legal activities and personnel seconded by Trustee Lynch.   No Vote.

 

TRUSTEE SHAFER RE-MOTIONED TO ENTER INTO EXECUTIVE SESSION at 7:05 PM for the purpose of discussing Selective Insurance legal matters with Attorney Mathews seconded by Trustee Lynch.  Roll call voting:  Trustee Shafer – yes, Trustee Lynch – yes and Trustee Gress – yes. MOTION CARRIED. RES#07-375

 

Attorney Jakmides explained the township brought a case against Selective Insurance to try to recover funds that the township had to spend to settle a civil lawsuit.

 

TRUSTEE GRESS MOTIONED TO RETURN FROM EXECUTIVE SESSION at 7:15 PM seconded by Trustee Lynch.  Roll call voting:  Trustee Gress – yes, Trustee Lynch- yes and Trustee Shafer – yes. MOTION CARRIED. RES#07-376

 

FIRE DEPARTMENT: (Chief Rich Peterson)

 

Resolution to Appoint Matt Moulton as Candidate: TRUSTEE LYNCH MOTIONED TO APPOINT MATT MOULTON AS CANDIDATE for civilian part-time dispatcher seconded by Trustee Gress.  Roll call voting:  Trustee Lynch- yes, Trustee Gress – yes and Trustee Shafer – yes. MOTION CARRIED. RES#07-377

 

Correspondence: The fire department received the following:

 

Ø      Letter from Magnolia Police Department recognizing Dispatchers Andrea Walters, Scott Bauer, Cheryl Lombardi and Lisa Weber for their hard work and service to the Magnolia Police and the officers. (see attached)

 

Ø      The Fairhope pre-school children sent a special hand-made card along with a check for $75.00 thanking the firefighters for visiting their school.

 

Ø      Letter from Suzanne Gieseman thanking Chief Peterson and Firefighter Lamm for giving her grandchildren a tour of the fire station.

 

 

 

 

 

MINUTES - October 25, 2007 (Cont.)

 

ROAD DEPARTMENT: (Interim Road Superintendent Jamie May)

 

Excuse Jamie: Trustee Lynch excused Interim Road Superintendent, Jamie May, from tonight’s meeting.

 

Road Report: TRUSTEE LYNCH MOTIONED TO APPROVE THE ROAD REPORT, as written, for October 25, 2007 seconded by Trustee Gress.  Roll call voting:  Trustee Lynch – yes, Trustee Gress – yes and Trustee Shafer – yes. MOTION CARRIED.  RES#07-378 (copy attached)

 

Approve Change Order – Superior Paving:  Due to the condition of the roadways that were paved, field tickets were calculated and the estimated quantities of material were required. (copy attached)

 

TRUSTEE LYNCH MOTIONED TO APPROVE A CHANGE ORDER for Superior Paving an additional $6,347.50 to the paving contract seconded by Trustee Gress.  Roll call voting:  Trustee Lynch – yes, Trustee Gress – yes and Trustee Shafer – yes.  MOTION CARRIED.  RES#07-379  (copy attached)

 

 

ZONING DEPARTMENT: (Keith Lasure, Zoning Inspector)

 

Zoning Report: TRUSTEE LYNCH MOTIONED TO APPROVE THE ZONING REPORT, as written, for October 25, 2007 seconded by Trustee Gress. Roll call voting:  Trustee Lynch – yes, Trustee Gress – yes and Trustee Shafer – yes. MOTION CARRIED. RES#07-380  (copy attached)

 

Newman Property on Sunnyside: Attorney Jakmides explained they alleged they had violated a Letter in Spirit that was court ordered issued in the year 2000 by Judge Boggins.  Attorney Jakmides said he checked the record and said this was the order (same thing Lasure had a copy of).  Attorney Jakmides filed a request that they appear in front of the court to explain their violation of the court order and asked the court to exercise their jurisdiction to enforce the court order.  The Newman’s were served on October 22, 2007 and the matter has been assigned to Judge Brown.  The matter will be set for a hearing.

 

Miller Farm / Columbus Road: Lasure reported the Miller farm is now cleaned up and extended a thank you to the Millers.

 

Hoskins Property / Easton Street: Lasure reported he checked the property today and said it’s 80% cleaned up.  She is making progress and recommended to let her keep working on it and he would keep an eye on it.  The Board agreed.

 

Tree in Creek on Beck: There are two trees down across Nimishillen Creek just west of the bridge on Beck.  After the township secretary made a few calls, it was determined this area belongs to the City of Louisville.  Trustee Shafer reported she talked to Jim Mcbeath and he assured her it would be dealt with in the next two weeks.  It is on Jeffries property and Jim had to get written permission to go on to the property.

 

 

 

 

MINUTES - October 25, 2007 (Cont.)

 

EPA REPORT: (Keith Lasure)

 

Property on Columbus Road: Lasure reported the township and health department worked together regarding the complaint on a property on Columbus Road burying trash. The owner was ordered to dig up all the places where the trash had been buried.  The health department inspected all the holes, and any miscellaneous debris that should not have been there was removed and the holes were filled in.

 

Property at 9896 State Street: Lasure reported he received a call from a HUD attorney regarding the property at 9896 State Street.  The property has two doublewide trailers on one parcel.  After checking, Lasure contacted Don at Chatman Law Firm and advised him he wanted to do more checking but it appears that the 2^nd side-by-side trailer would have to be removed from the property.  It is now in the hands of the health department and HUD – not the township.

 

FISCAL OFFICER:

 

Trustee Shafer reported Fiscal Officer, Carlene Harmon, resigned October 24, 2007 because she moved out of the township.  Shafer explained Assistant to the Fiscal Officer, Tillie Kinsley, is ill this evening and was not able to attend tonight’s meeting.

 

Transfers per Res#07-02: October 25, 2007: $10,000 transferred from 11-A-12 Road Other Expenses to 11-B-02 Materials.

 

CONCERNS OF CITIZENS:

 

Ed Moody of 7018 Pilot Knob (Nimishillen Township) spoke on City of Louisville and Nimishillen Township being a great community, excellence of the Nimishillen Township Fire Department, thanked the trustees for their service and also thanked the road department for the good work they do and said the trustees should not be blamed for flooding in the township. (see attached)

 

Jeff Howard of 304 Mill Street (City of Louisville) complained about a township resident threatening his son and two other boys with a crossbow and held them until the Sheriff Department Officers arrived.  Attorney Jakmides advised the township officials this incident is police business and urged Mr. Howard to contact the Sheriff Department to file a report.

 

CONCERNS OF TRUSTEES: (Lisa Shafer, Mike Lynch and Allen Gress)

 

Change in Meeting Date per Res#07-022: Trustee Shafer said the Nov. 22^nd meeting had been changed to Tuesday Nov. 20^th due to Thanksgiving and reminded everyone the offices would be closed November 22^nd and 23^rd, 2007.

 

OLD BUSINESS:

 

07-03 Ohio Motor Vehicle Record Check: Attorney Jakmides suggested the Board use the form sent by Whitaker-Myers Insurance Company.  Whitaker-Myers will run a Motor Vehicle Record Check at no cost to the township.

 

 

MINUTES - October 25, 2007 (Cont.)

 

 

After discussion, TRUSTEE LYNCH MOTIONED TO REQUIRE EMPLOYEES SEEKING EMPLOYMENT WITH THE TOWNSHIP would have to agree to a background check which would include a traffic record check and that any person hired to operate a township motor vehicle would be subject to their insurability by the township insurance carrier seconded by Trustee Gress.  Roll call voting:  Trustee Lynch – yes, Trustee Gress – yes and Trustee Shafer – yes.  MOTION CARRIED.  RES#07-381

 

Policy for Part-time Road Department Personnel: Attorney Jakmides said there is no magical number that makes a person a part-time or full-time employee.  The ORC says that a person that is hired with the expectation that they will work not more than 1,500 hours per year is considered part-time.  It doesn’t say if they work more than 1,500 hours they’re full-time and if they work less than 1,500 hours, they’re part-time.  The ORC says if a person is hired with the expectation that they will work less than 1,500 hours, they’re part-time.  Jakmides said the Board could pass a resolution, which states if a person works more than 1,500 hours, they would be entitled to health care benefits but there’s no obligation for the Board to offer health care benefits to part-time employees.  He said he thinks the Board is interested in knowing when do you have to offer health insurance.  Jakmides said only full-time employees are to be offered health benefits – not part-time employees and again stated the ORC seems to draw the line at 1,500 hours.

 

Since the Union is coming into the road department, this will be a matter negotiated at that time.  Trustee Lynch asked if they (the Board) were breaking any laws. Jakmides said the Board has no obligation under the law to offer benefits to part-time employees.

 

Transfer Station: Attorney Jakmides said the Board has no jurisdiction to appeal.  However, Keith Lasure said the Stark County Health Department and the EPA do have jurisdiction and the township has the right to request testing where pipe enters the creek on the south side of the railroad tracks.  Lasure said he would make requests weekly.

 

APPROVE WRITTEN MINUTES:

 

TRUSTEE GRESS MOTIONED TO APPROVE THE OCTOBER 11, 2007 MINUTES, as written, seconded by Trustee Lynch.  Roll call voting:  Trustee Gress – yes, Trustee Lynch – yes and Trustee Shafer – yes.  MOTION CARRIED.  RES#07-382

 

 

APPROVE ALL PURCHASE ORDERS, FINANCIAL REPORT AND PAY BILLS:

 

TRUSTEE LYNCH MOTIOEND TO APPROVE all purchase orders, financial report and pay bills in the amount of $173,565.70 seconded by Trustee Gress. Roll call voting:  Trustee Lynch – yes, Trustee Gress – yes and Trustee Shafer – yes.  MOTION CARRIED.  RES#07-383

 

EXECUTIVE SESSION:

 

TRUSTEE GRESS MOTIONED TO ENTER INTO EXECUTIVE SESSION AT 7:46 PM to discuss personnel issues including road department, fire department and office personnel issues seconded by Trustee Lynch.  Roll call voting: Trustee Gress – yes, Trustee Lynch – yes and Trustee Shafer – yes.  MOTION CARRIED.  RES#07-384

 

 

 

MINUTES - October 25, 2007 (Cont.)

 

EXCUSE STUDENTS:

 

Since it was almost 8:00 PM and before entering into Executive Session, Trustee Shafer excused the Louisville High School Government Class students and the elected officials signed their papers.

 

TRUSTEE LYNCH MOTIONED TO RETURN FROM EXECUTIVE SESSION AT 8:32 PM seconded by Trustee Gress.  Roll call voting:  Trustee Lynch – yes, Trustee Gress  - yes and Trustee Shafer - yes.  MOTION CARRIED.  RES#07-385

 

ADJOURN:

 

Because Assistant Fiscal Officer, Tillie Kinsley, was absent from tonight’s meeting and had the checks with her, there were no checks to sign. 

 

TRUSTEE LYNCH MOTIONED TO ADJOURN seconded by Trustee Gress.  Roll call voting: Trustee Lynch – yes, Trustee Gress – yes and Trustee Shafer - yes.  MOTION CARRIED.  RES#07-386

 

Meeting adjourned at approximately 8:35 PM.

 

 

 

 

_____________________________              __________________________________

ATTEST:  Matilda I. Kinsley                            Lisa R. Shafer, President

                 Assistant to Fiscal Officer

 

                                                                        __________________________________

                                                                        Michael L. Lynch, Vice President

 

 

                                                                        __________________________________

                                                                        Allen E. Gress, Trustee