MINUTES

Nimishillen Township Board of Trustees

September 27, 2007

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
 
On Thursday, September 27, 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, Fiscal Officer Carlene Harmon 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.

 

GUEST SPEAKER:

 

Mike Snyder, Director of the Louisville Public Library spoke about new services being offered and gave a brief presentation on the Old Middle School Project.

 

FIRE DEPARTMENT: (Fire Chief Rich Peterson)

 

Update on septic system at Sta. #2: Chief Peterson gave a brief update on the septic system at Sta. #2.  After discussion, the Board agreed to rent a camera (to check the septic lines) for approx. $100.00. 

 

Security cameras: Chief Peterson gave an update regarding security cameras being installed at the township offices and the possibility of the Solid Waste District installing cameras at the compost / recycling area.  Sharon has been trying to get hold of Linda Morckel at the Solid Waste District but as of this date, she has not returned her calls.

 

ROAD DEPARTMENT: (Interim Road Superintendent Jamie May)

 

Jamie reported the paving did not start on Sept. 24th as anticipated.  He talked to Superior Paving, and the new start date for paving is the week of October 1st, 2007.

 

Francesca project:  Jamie reported the bid packet was sent to Stark County Engineers today for a cost estimate.  Discussion was held regarding both the north side as well as the south side of Francesca.

 

Road Report: TRUSTEE LYNCH MOTIONED TO APPROVE the written Road Report for September 27, 2007 seconded by Trustee Gress.  Roll call voting:  Lynch – yes, Gress – yes and Shafer – yes.  MOTION CARRIED.  Res#07-343 (Copy attached)

 

ZONING DEPARTMENT: (Keith Lasure, Zoning Inspector)

 

Miller farm: Attorney Wayne Graham (attorney for the Miller’s) gave an update on the progress of the clean up at the Miller farm.  He said progress is slowly being made.

 

Hoskins property on Easton: Lasure gave an update on the progress of the clean up at the Hoskins residence on Easton Street.  He suggested the trustees take another look at it.

 

Newman property on Sunnyside: Lasure gave an update regarding the illegal parking of vehicles on the Newman’s property on Sunnyside.

 

 

Sept. 27, 2007 Trustees Minutes (Cont.)

 

 

Zoning Report: TRUSEE GRESS MOTIONED TO APPROVE the written Zoning Report for September 27, 2007 seconded by Trustee Lynch.  Roll call voting: Gress – yes, Lynch – yes and Shafer – yes.  MOTION CARRIED. Res#07-344 (Copy attached)

 

Auditor’s Report: TRUSTEE LYNCH MOTIONED TO APPROVE the August 2007 Zoning Report for the Stark County Auditor seconded by Trustee Gress.  Roll call voting:  Lynch – yes, Gress – yes and Shafer – yes.  MOTION CARRIED.  Res#07-345 (Copy attached)

 

CONCERNS OF FISCAL OFFICER: (Carlene Harmon)

 

Transfers per Res#07-02:

September 16, 2007: $26,000 from 01-A-25 Contingency Acct. to 01-C-04 New Bldgs. & Sites

 

Adopt new Ohio Public Records Policy: Mrs. Harmon reported she modified the Ohio Open Public Records Policy from the township charging 5 cents a copy to charging10 cents a copy. TRUSTEE GRESS MOTIONED TO ACCEPT THE Open Public Records Policy seconded by Trustee Lynch.  Roll call voting:  Gress – yes, Lynch – yes and Shafer – yes.  MOTION CARRIED.  Res#07-346 (Copy attached)

 

Public Records Training November 13th in Youngstown: After discussion, TRUSTEE LYNCH MOTIONED FOR Tillie Kinsley and Sharon Shaub to attend training on November 13th on House Bill 9, Public Records Law, seconded by Trustee Gress.  Roll call voting:  Lynch – yes, Gress – yes and Shafer – yes.  MOTION CARRIED.  Res#07-347

 

Resignation October 28th, 2007: Fiscal Officer Carlene Harmon stated she sold her house and is resigning her position as Fiscal Officer effective October 28, 2007.

 

Resolution to modify Nimishillen Township Travel Policy: Mrs. Harmon reported per the State Auditor’s suggestion, a resolution needs to be passed modifying the travel policy.  TRUSTEE GRESS MOTIONED TO ACCEPT THE MODIFIED TOWNSHIP TRAVEL POLICY to oppose any employee to accept frequent flyer mile benefits from any township related travel seconded by Trustee Lynch.  Roll call voting:  Gress – yes, Lynch – yes and Shafer – yes.  MOTION CARRIED. Res#07-348 (Copy attached)

 

CONCERNS OF CITIZENS:

 

Tim Barr of 5210 Peach Street:

  • Annexations
  • Road department unionization

 

Fire Fighter / EMT K. C. Wackerly of 5319 Tanglewood Drive:

  • Read letters received from residents giving their thanks to the Firefighters / EMT’s.  A round of applause was received.

 

Captain Scott Bauer of 7425 Hahn:

  • Explained the operation of the three fire departments.
  • Talked about the importance of putting a fire levy on the ballot

 

 

 

 

Sept. 27, 2007 Trustees Minutes (Cont.)

 

 

Don Barthel of 4393 Meese: (Had three questions)

  • Asked if there are any departments that work scheduled or non-scheduled hours and receives no monetary compensation.
  • Where did the directive come from that would require fire department personnel to be compensated only for a portion of the hours they work and where it is stated in the ORC?
  • Talked about inner turmoil among the trustees and various departments and suggested it might benefit the township if the three trustees would resign.

 

Donna Fuller of 5857 Rosedale:

  • Commented on firefighters not getting paid for all the hours they put in and said she supports them 100 % & talked about the importance of the Community Awareness Day.

 

Terri Huckels of 8730 Easton:

  • Annexations / JEDD’s / CEDA’s.
  • Stated township residents are 100% behind the fire department but residents feel their pockets are empty.

 

8:00 PM:

 

DISMISS STUDENTS:

 

Trustee Shafer dismissed the Louisville High School students and the elected officials signed their papers.

 

EXECUTIVE SESSION:

 

TRUSTEE LYNCH MOTIONED TO ENTER INTO EXECUTIVE SESSION a little after 8 PM with Attorney Robertson to discuss pending litigation and a second Executive Session with Attorney Jakmides to discuss legal matters seconded by Trustee Gress.  Roll call voting:  Lynch – yes, Gress – yes and Shafer – yes.  MOTION CARRIED.  Res#07-349

 

Before entering into Executive Session, Attorney Jakmides explained the litigation between the township and Selective Insurance regarding a dispute with the Jeffries Company.

 

TRUSTEE LYNCH MOTIONED TO RETURN FROM EXEUCTIVE SESSION at 8:47 PM seconded by Trustee Gress.  Roll call voting:  Lynch – yes, Gress – yes and Shafer – yes.  MOTION CARRIED.  Res#07-350

 

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

 

Resolution to appoint Zoning Commission member, Gary Brahler, to the Board of Zoning Appeals: TRUSTEE GRESS MOTIONED TO APPOINT Gary Brahler to the Board of Zoning Appeals to complete Dennis Haas’ term, which will expire December 31, 2008 seconded by Trustee Lynch.  Roll call voting:  Gress – yes, Lynch – yes and Shafer – yes.  MOTION CARRIED.  Res#07-351

 

 

Sept. 27, 2007 Trustees Minutes (Cont.)

 

Resolution to advertise to fill Gary Brahler’s remaining term on the Zoning Commission: TRUSTEE GRESS MOTIONED TO ADVERTISE for 30-days to fill the open seat on the Zoning Commission, which will expire December 31, 2007 seconded by Trustee Lynch.  Roll Call voting:  Gress – yes, Lynch – yes and Shafer – yes.  MOTION CARRIED.  Res#07-352

 

IS700 & 8S100 Training: Trustee Shafer reminded everyone the deadline to complete the IS700 & IS100 is October 1st, 2007.

 

Policy adjustments as suggested by the Ohio Plan Risk Management: (Copy attached)

Trustee Gress said he would like the Board to accept 07-01 Upgrades as needed for township hiring process and 07-02 Electronics Communications Use Policy and to discuss 07-03 Ohio Motor Vehicle Record (MVR) check.

 

When questioned if an attorney should review these, Attorney Jakmides said these were adopted by the agency that assures the townships from liability and is prepared with the eye of the people who try to avoid lawsuits for townships and said he has complete confidence in these documents.

 

TRUSTEE GRESS MOTIONED TO ACCEPT THE NIMISHILLEN TOWNSHIP EMPLOYMENT APPLICATION Process and Background Research Release seconded by Trustee Lynch.  Roll call voting:  Gress – yes, Lynch – yes and Shafer – yes.  MOTION CARRIED. Res#07-353

 

TRUSTEE GRESS MOTIONED FOR AN ELECTRONICS POLICY on Electronic Communications Devices seconded by Trustee Lynch.  Roll call voting:  Gress – yes, Lynch – yes and Shafer – yes. MOTION CARRIED.  Res#07-354

 

The 07-03 Ohio Motor Vehicle Record check was tabled to the October 11, 2007 Trustees Meeting so Attorney Jakmides can look into it and report back at that time.

 

Recommendations by the State Auditor regarding township minutes:  Trustee Shafer explained based on the State Auditor’s recommendations, there will be limited information in the minutes.  The main topics of importance are the resolutions.  The State Auditor said there’s too much content in the minutes and since the meetings are recorded, residents can get copies of the CD’s if they want detailed information.

 

OLD BUSINESS:

 

Lease / rent township office space: Trustee Shafer reported the legal opinion was received from the Stark County Prosecutor stating the township is allowed to lease / rent office space but cannot donate it.  This was tabled to the next meeting on Oct.11, 2007.  (Copy attached)

 

Part-time hours for road department: Mrs. Harmon asked the Board for a policy on part-time hours for the road department.  Attorney Tracey Laslo was to research this but Attorney Jakmides did not have it with him.  This was tabled to the October 11, 2007 meeting.

 

Fire Loss and Demolition Resolution: Attorney Jeff Jakmides said Nimishillen Township is not registered with the State.  After discussion, TRUSTEE GRESS MOTIONED TO ACCEPT THE FIRE LOSS AND DEMOLITION RESOLUTION per O.R.C. 3929.86 and O.R.C. 505.86 as submitted seconded by Trustee Lynch.  Roll call voting:  Gress – yes, Lynch – yes and Shafer – yes.  MOTION CARRIED.  Res#07-355 (Copy attached)

 

 

 

 

Sept. 27, 2007 Trustees Minutes (Cont.)

 

APPROVE MINUTES:

 

TRUSTEE LYNCH MOTIONED TO APPROVE THE SEPTEMBER 12, 2007 MINUTES seconded by Trustee Gress.  Roll call voting: Lynch – yes, Gress – yes and Shafer – yes.  MOTION CARRIED.  Res#07-356

 

APPROVE PURCHASE ORDERS, FINANCIAL REPORT AND PAY BILLS:

 

TRUSTEE LYNCH MOTIONED TO APPROVE ALL PURCHASE ORDERS, FINANCIAL REPORT AND PAY BILLS in the amount of $20,574.68 seconded by Trustee Gress.  Roll call voting: Lynch – yes, Gress – yes and Shafer – yes.  MOTION CARRIED.  Res#07-357

 

SIGN CHECKS AND ADJOURN:

 

TRUSTEE LYNCH MOTIONED TO SIGN CHECKS AND ADJOURN seconded by Trustee Gress.  Roll call voting: Lynch – yes, Gress – yes and Shafer – yes.  MOTION CARRIED.  Res#07-358

 

Meeting adjourned at 9:02 PM.

 

 

___________________________________              __________________________________

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

 

 

                                                                                    __________________________________

                                                                                                         Michael L. Lynch, Vice President

 

 

                                                                                    __________________________________

                                                                                    Allen E. Gress, Trustee