RES#08-384

 

Nimishillen Township Board of Trustees        

Regular Meeting

Tuesday, November 25, 2008

 

On Tuesday, November 25, 2008, the Board of Trustees of Nimishillen Township met in regular session at 7:00 PM at the Nimishillen Township Hall located at 4422 Maplegrove NE with the following members present:  Trustee President Michael L. Lynch, Trustee Vice President Lisa R. Shafer, Trustee Allen E. Gress and Fiscal Officer Barry L. Evans.

 

Trustee Lynch called the meeting to order at 7:00 PM and led the staff and audience in the Pledge of Allegiance.

 

Trustee Lynch reminded everyone the work session with fire department personnel would immediately follow tonight’s meeting.

 

INVOCATION:

 

Trustee Lynch gave the invocation.

 

FIRE DEPARTMENT: (Rich Peterson, Fire Chief)

 

Award of Merit: Chief Peterson presented an Award of Merit to Fire Captain Eric Ohman and Firefighter/Medic Jason Laird (absent) for assisting Canton Township in delivering a baby on November 6th.  Frank Walters also assisted and was given credit as well. 

 

Swearing in new hires for the Fire Department: TRUSTEE LYNCH MOTIONED TO HIRE THE FOLLOWING FIREFIGHTERS / EMT’S CHARLES BELL, CURTIS BIERY, JUSTIN CLARKE, ADAM FARLEY AND ADAM GLADYSZ AT $11.35 / HOUR AND FIREFIGHTER / PARAMEDIC JEFFREY MORGAN AT $13.81 / HOUR, EFFECTIVE DECEMBER 1, 2008 SECONDED BY TRUSTEE GRESS.  MOTION CARRIED.  RES#08-364

 

          Roll call voting:        MR. LYNCH            -         YES

                                        MR. GRESS           -         YES

                                        MRS. SHAFER        -         YES

 

Trustee Shafer swore in the above new hires, and they received a welcoming round of applause.

 

ROAD DEPARTMENT: (Jack Magee, Highway Superintendent)

 

Adopt a family through Salvation Army: Trustee Lynch explained the township adopted a family and will provide gifts and Christmas dinner for them.  Anyone wanting to participate with non-perishable food / money can drop off their donations at the township office on Nickelplate.

 

November 25, 2008 Regular Trustees Meeting / Page 2 (Cont.)

 

Approve Hwy. Superintendent to drive pick up truck home: Mr. Magee asked the Board for permission to drive the white township pick up truck home during the winter months.

 

After discussion, TRUSTEE LYNCH MOTIONED TO ALLOW JACK MAGEE TO TAKE THE TOWNSHIP PICK UP TRUCK HOME, AT HIS DISGRESSION, ON NIGHTS THAT WE COULD POSSIBLY HAVE SEVERE WEATHER SECONDED BY TRUSTEE GRESS.  MOTION CARRIED.  RES#08-365

 

          Roll call voting:        Mr. Lynch      -         YES

                                        Mr. Gress     -         YES

                                        Mrs. Shafer   -         YES

 

 

Request for a Resolution to hire Ricky Plesia: After discussion, TRUSTEE SHAFER MOTIONED TO HIRE RICKY PLESIA AS PART-TIME FOR THE ROAD DEPARTMENT ON AN AS NEEDED BASIS AT $12.50 / HOUR EFFECTIVE DECEMBER 1, 2008 SECONDED BY TRUSTEE GRESS.  MOTION CARRIED.  RES#08-366

 

          Roll call voting:        Mrs. Shafer   -         YES

                                        Mr. Gress     -         YES

                                        Mr. Lynch      -         YES

 

Request for a Resolution to proceed with pre-employment process for Gary Weiner: After discussion, TRUSTEE SHAFER MOTIONED TO ALLOW MR. MAGEE TO PROCEED WITH THE PRE-EMPLOYMENT PROCESS FOR PART-TIME APPLICANT, GARY WEINER, TO BE PLACED ON THE ROAD DEPARTMENT CALL LIST SECONDED BY TRUSTEE LYNCH.  MOTION CARRIED.  RES#08-367

 

          Roll call voting:        Mrs. Shafer   -         YES

                                        Mr. Lynch      -         YES

                                        Mr. Gress     -         YES

 

 

Road Report: TRUSTEE SHAFER MOTIONED TO APPROVE THE WRITTEN ROAD REPORT FOR NOVEMBER 25, 2008 SECONDED BY TRUSTEE GRESS.  MOTION CARRIED. RES#08-368

 

          Roll call voting:        Mrs. Shafer   -         YES

                                        Mrs. Gress   -         YES

                                        Mr. Lynch      -         YES

 

November 25, 2008 Regular Trustees Meeting / Page 3 (Cont.)

 

ZONING DEPARTMENT: (Keith Lasure, Zoning Inspector)

 

Request for a Resolution to adopt Notice of Vehicle Pick Up Form: After discussion, the Board agreed to table this so they would be able to look over the form and get a written legal opinion from the Stark County Prosecutor’s office.

 

Zoning Report: TRUSTEE SHAFER MOTIONED TO APPROVE THE WRITTEN ZONING REPORT FOR NOVEMBER 25, 2008 SECONDED BY TRUSTEE GRESS.  MOTION CARRIED. RES#08-369

 

          Roll call voting:        Mrs. Shafer   -         YES

                                        Mrs. Gress   -         YES

                                        Mr. Lynch      -         YES

 

CONCERNS OF FISCAL OFFICER: (Barry L. Evans, Fiscal Officer)

 

Transfers per Res#08-113:

 

November 15, 2008:

$2,000 from 10-A-06 (Bldgs. & Equip) to 10-A-07 (Utilities)

$6,850 from 10-A-14 (Insurance) to 10-A-01 (Salaries)

$2,500 from 01-A-06 (Insurance) to 01-A-06B (Ins. Vehicle Bldg./ Commercial)

 

November 18, 2008:

$5,300 from 01-A-10 (Legal Counsel) to 01-J-01 Zoning Salaries & Fees)

$7,000 from 01-A-10 (Legal Counsel) to 01-C-04 (New Bldgs. &Equip.)

 

Request for Resolution to place a property on the tax duplicate:  TRUSTEE SHAFER MOTIONED TO PLACE THE PROPERTY LOCATED AT 6113 LOUISVILLE STREET (OWNED BY KEVIN P. MOORE) ON THE TAX DUPLICATE IN COMPLIANCE WITH O.R.C. 505.87 FOR CLEAN UP / MOWING IN THE AMOUNT O F $165.00 SECONDED BY TRUSTEE LYNCH.  MOTION CARRIED.  RES#08-369A

 

          Roll call voting:        Mrs. Shafer   -         YES

                                        Mr. Lynch      -         YES

                                        Mr. Gress     -         YES

 

Klingensmith invoice for architect fees for Station #3:  Discussion was held on the Klingensmith invoice.  The total amount of the invoice is $9,728.75, which Klingensmith feels he should be paid.  Fiscal Officer Barry Evans, Mr. Gress and Tillie Kinsley met with Mr. Klingensmith and an amount of $7,000 was discussed. 

 

 

November 25, 2008 Regular Trustees Meeting / Page 4 (Cont.)

 

Klingensmith hired an attorney and Chief Peterson stated it’s his personal opinion that no payment should be made for attorney fees and Mrs. Shafer stated she feels that the township should not have to pay these fees.  Trustee Gress said the $7,000.00 did not include any attorney fees. 

 

The Board decided to table this so they could confer with Attorney Robertson.

 

Amend Certificate – Fire Fund 10 & Fire Fund 28:

 

TRUSTEE LYNCH MOTIONED TO REQUEST AN AMENDED CERTIFICATE FROM THE STARK COUNTY BUDGET COMMISSION TO ALLOW THE NIM. TWP.  BOARD OF TRUSTEES TO MAKE THE FOLLOWING BUDGETARY ADJUSTMENTS (IN BOTH THE RECEIPTS BUDGET AND APPROPRIATIONS BUDGET) FOR THE 2008 APPROPRIATIONS AND RECEIPTS IN FUND 28 – AMBULANCE & EMS SERVICES TO DECRESE $28,000 DUE TO INSUFFICIENT REVENUE FROM AMBULANCE / EMS CHARGES SECONDED BY TRUSTEE GRESS.  MOTION CARRIED.  RES#08-370

 

          Roll call voting:        Mr. Lynch      -         YES

                                        Mr. Gress     -         YES

                                        Mrs. Shafer   -         YES

 

TRUSTEE SHAFER MOTIONED TO REQUEST AN AMENDED CERTIFICATE FROM THE STARK COUNTY BUDGET COMMISSION TO ALLOW THE NIM. TWP. BOARD OF TRUSTEES TO MAKE THE FOLLOWING BUDGETARY ADJUSTMENTS (IN BOTH THE RECEIPTS BUDGET AND APPROPRIATIONS BUDGET) FOR THE 2008 APPROPRIATIONS AND RECEIPTS IN FUND 10 – FIRE FUND TO INCREASE $50,000 IN ANTICIPATED REVENUE FROM PROPERTY TAXES, DISPATCH CONTRACTS AND INSURANCE SETTLEMENTS SECONDED BY TRUSTEE GRESS.  MOTION CARRIED.  RES#08-371

 

          Roll call voting:        Mrs. Shafer   -         YES

                                        Mr. Gress     -         YES

                                        Mr. Lynch      -         YES

 

CONCERNS OF CITIZENS:

 

Ø     Betty Derry of 8063 Columbus gave an update on the Nimishillen Bicentennial Planning Committee stating the Bicentennial Committee met and a Sub-Committee was formed.  They will be meeting again and said she’d give another update.

 

 

 

November 25, 2008 Regular Trustees Meeting / Page 5 (Cont.)

 

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

 

Change date for December 25th meeting: Because Christmas falls on the second meeting in December, Trustee Gress brought up for discussion changing the December 25th meeting.  This had been changed at the Organizational meeting in January, and the Board agreed to keep the 2nd meeting in December on December 18th.

 

Set evaluation dates: Trustee Gress suggested doing evaluations for Sharon Shaub and Keith Lasure in Executive Session at the December 11th meeting and doing Rich Peterson and Jack Magee in Executive Session at the December 18th meeting.  The Board agreed.

 

Closing offices for Christmas:  After discussion, the Board agreed to close the office at noon on Christmas Eve (December 24th) and also close the road department depending on weather conditions.  Anyone wanting to take the day after Christmas off would have to use either comp. time or vacation time or take it off with no pay.  The day after Christmas is not a paid holiday.

 

OLD BUSINESS:

 

Township Curfew: Trustee Shafer reported she spoke to Stark County Prosecutor, Sharon Miller, and she said this was something the township could not do.  Upon requesting a written opinion, it was discovered that we could pass a resolution for a curfew in the township.  However, there’s still no way to enforce it.

 

Trustee Gress reported that Canton Township has been working on a curfew.

 

Mr. Lasure said he and Mrs. Shafer talked to Rick Perez at the Sheriff’s Department.  Mr. Perez said their attorneys are currently working on forms, which would enable the Sheriff’s Department to issue a summons (not arresting curfew violators) to take violators to court or to juvenile court.  Mrs. Shafer said even though Canton Township passed a resolution, the forms have not yet come through and Frank Forchione is working on this.  The attorney at the Sheriff’s Department is writing up a form and once the forms are created, it will give them a tool to implement any curfew resolution passed by any township. The Sheriff would like the summons and complaint forms to be the same for all townships in Stark County.  Rick Perez suggested we wait to pass a resolution until after all forms have been put in place, which will probably be sometime in January or February 2009.  Mr. Gress said he would like to hear from our township residents and find out if they’d like a curfew put in place or not.

 

Mr. Lasure reported that barking dog complaints might also be covered under this.

 

November 25, 2008 Regular Trustees Meeting / Page 6 (Cont.)

 

NEW BUSINESS:

 

Louisville City School Levy: Trustee Gress reported he received a call from Louisville City School Superintendent, David Redd, and so far the paper ballots have been counted, and the school bond issue is ahead by five (5) votes.  Election laws require an automatic recount, which will be December 5th.

 

APPROVE MINUTES:

 

TRUSTEE LYNCH MOTIONED TO APPROVE THE NOVEMBER 13, 2008 MINUTES, AS WRITTEN, SECONDED BY TRUSTEE GRESS.  MOTION CARRIED.  RES#08-372

 

          Roll call voting:        Mr. Lynch      -         YES

                                        Mr. Gress     -         YES

                                        Mrs. Shafer   -         YES

 

APPROVE PURCHASE ORDERS, FINANCIAL REPORT AND PAY BILLS:

 

TRUSTEE SHAFER MOTIONED TO APPROVE ALL PURCHASE ORDERS, THE FINANCIAL REPORT AND PAY BILLS IN THE AMOUNT OF $249,204.96 SECONDED BY TRUSTEE GRESS.  MOTION CARRIED. RES#08-373

 

          Roll call voting:        Mrs. Shafer   -         YES

                                        Mr. Gress     -         YES

                                        Mr. Lynch      -         YES

 

SIGN CHECKS AND ADJOURN:

 

TRUSTEE SHAFER MOTIONED TO SIGN CHECKS AND ADJOURN SECONDED BY TRUSTEE GRESS.  MOTION CARRIED.  RES#08-374

 

          Roll call voting:        Mrs. Shafer   -         YES

                                        Mr. Gress     -         YES

                                        Mr. Lynch      -         YES

 

The meeting adjourned at 8:10 PM. 

 

 

 

 

 

November 25, 2008 Regular Trustees Meeting / Page 7 (Cont.)

 

 

 

 

 

 

 

 

 

 

 

_______________________________             __________________________

ATTEST: Barry L. Evans, Fiscal Officer            Michael L. Lynch, President

 

 

 

                                                                      __________________________

                                                                      Lisa R. Shafer, Vice President

 

 

 

                                                                      __________________________

                                                                      Allen E. Gress, Trustee