MINUTES

Nimishillen Township Board of Trustees

February 14, 2008

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
On Thursday, February 14, 2008, 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 Michael L. Lynch, Vice President Lisa R. Shafer, Trustee Allen E. Gress, Fiscal Officer Barry Evans and Attorney Jeff Jakmides.

 

Mike Lynch called the special meeting to order and led the staff and audience in the pledge of allegiance.

 

NOTE:

 

There is no recording of tonight’s meeting due to a malfunction of the recorder and/or CD.  The written minutes of tonight’s meeting are from the township secretary’s notes and memory.

 

INVOCATION: Trustee Lynch gave the invocation.

 

EXECUTIVE SESSION:

 

LISA SHAFER MOTIONED TO ENTER INTO EXECUTIVE SESSION at 7:05 PM WITH ATTORNEY JEFF JAKMIDES TO DISCUSS PENDING LEGAL ISSUES seconded by Allen Gress.  Roll call voting:  Lisa Shafer – YES, Allen Gress – YES and Mike Lynch – YES.  MOTION CARRIED.  RES#08-143

 

LISA SHAFER MOTIONED TO RETURN FROM EXECUTIVE SESSION at 8:05 PM seconded by Allen Gress.  Roll call voting:  Lisa Shafer – YES, Allen Gress – YES and Mike Lynch – YES.  MOTION CARRIED.   RES#08-144

 

Due to several cases coming up and the cost to the township, Lisa and Mike agreed it would be better to utilize the services of the Stark County Prosecutor’s office, which would be at no cost to the township. 

 

LISA SHAFER MOTIONED THE TOWNSHIP WOULD NO LONGER RETAIN ATTORNEY JEFF JAKMIDES AS THE TOWNSHIP ATTORNEY AND WOULD UTILIZE THE STARK COUNTY PROSECUTORS AT NO CHARGE seconded by Mike Lynch.  Roll call voting: Lisa Shafer – YES, Mike Lynch – YES and Allen Gress – NO.  MOTION CARRIED.  RES#08-145

 

FIRE DEPARTMENT: (Chief Rich Peterson)

 

January 2008 Fire Report: Chief Peterson reported there were 109 incidents, and the Board accepted the January 2008 report.

 

Update on Septic System at Fire Station #2:  Chief Peterson reported he met with Mr. Asconi and a gentleman from Hammontree.  It was decided to wait until the weather breaks before designing a system and then go from there.

 

 

 

 

 

February 14, 2008 Trustees Minutes (Cont.)

 

Firefighter Resignations – Eric Foutz and Lisa Weber: Chief Peterson reported both Eric Foutz and Lisa Weber resigned as firefighters but want to be rehired as civilian part-time dispatchers.

 

LISA SHAFER MOTIONED TO ACCEPT THE RESIGNATION FROM ERIC FOUTZ AND FROM LISA WEBER EFFECTIVE IMMEDIATLEY seconded by Allen Gress.  Roll call voting: Lisa Shafer – YES, Allen Gress – YES and Mike Lynch – YES.  MOTION CARRIED.  RES#08-146

 

LISA SHAFER MOTIONED TO REHIRE ERIC FOUTZ AND LISA WEBER AND RECLASSIFY BOTH AS CIVILIAN PART TIME DISPATCHERS @ $10.00 / HOUR EFFECTIVE IMMEDIATELY seconded by Allen Gress.  Roll call voting: Lisa Shafer – YES, Allen Gress – YES and Mike Lynch – YES.  MOTION CARRIED.  RES#08-147

 

Water Leak at Station #3: Chief Peterson reported Spring Electric looked at the water leak and advised immediate action be taken to stop the flow of water from entering the automatic transfer switch, electrical service conduits and main telephone conduits.  The letter from Spring Electric outlines recommended action that needs to be taken.  (Letter attached)

 

ROAD DEPARTMENT: (Interim Road Superintendent, Jamie May)

 

Excuse Jamie May from Tonight’s Meeting:  Due to the number of hours the road crew has been working for the past several days and with more snow / ice in the forecast, Mike Lynch excused Jamie from tonight’s meeting.

 

Road Report:  LISA SHAFER MOTIONED TO ACCEPT THE WRITTEN ROAD REPORT FOR FEBRUARY 14, 2008 seconded by Allen Gress.  Roll call voting: Lisa Shafer – YES, Allen Gress – YES and Mike Lynch – YES.  MOTION CARRIED.  RES#08-148  (Report attached)

 

ZONING DEPARTMENT: (Keith Lasure, Zoning Inspector)

 

Zoning Report: LISA SHAFER MOTIONED TO ACCEPT THE WRITTEN ZONING REPORT FOR FEBRUARY 14, 2008 seconded by Allen Gress.  Roll call voting:  Lisa Shafer – YES, Allen Gress – YES and Mike Lynch – YES.  MOTION CARRIED. RES#08-149  (Report attached)

 

Discussion on #19 on the 2/14/08 Zoning Report: After discussing a possible zone change on Ford Street, the Board asked Keith to check with the Stark County Prosecutor about possibly zoning only a portion of Ford Street and not the whole area.

 

Zoning Report for Stark County Auditor: LISA SHAFER MOTIONED TO ACCEPT THE JANUARY 2008 ZONING REPORT FOR THE STARK COUNTY AUDITOR seconded by Allen Gress.  Roll call voting:  Lisa Shafer – YES, Allen Gress – YES and Mike Lynch – YES.  MOTION CARRIED.  RES#08-150 (Report attached)

 

CONCERNS OF THE FISCAL OFFICER: (Barry Evans)

 

Discuss Policy for uses of Fire, Road and General Fund Monies: Allen Gress talked about the use of the different funds and how to possibly better categorize them and better show what monies are coming from what fund.  Some discussion followed.

 

 

 

February 14, 2008 Trustees Minutes (Cont.)

 

Resolution for Wage Adjustment for Assistant Fiscal Officer:  FISCAL OFFICER BARRY EVANS REQUESTED A WAGE ADJUSTMENT FOR ASST. FISCAL OFFICER TILLIE KINSLEY TO $14.00 / HOUR RETROACTIVE TO JAN. 1, 2008 AND TO REMAIN ON THE

TOWNSHIP LIFE INSURANCE AT THE CURRENT RATE OF $20.00 / MONTH so moved by Allen Gress and seconded by Mike Lynch.  Roll call voting: Allen Gress – YES, Mike Lynch – YES and Lisa Shafer – YES.  MOTION CARRIED.  RES#08-151

 

CONCERNS OF CITIZENS:

 

No one signed up to speak at tonight’s meeting.

 

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

 

Appoint Zoning Commission Board Member: After discussion and because there are three applicants for the ZC, the trustees agreed to interview each applicant.  Interviews will be held on Thursday, February 28th, starting at 6:00 PM with the regular trustees meeting to follow at 7:00 PM.  The township secretary will contact the applicants.

 

Fire Department Pay Increases: Lisa Shafer explained that the Fire Department has not had an increase in salary since 2004 and proposed at 3% increase for 2005, 2006, 2007 and 2008 for a total increase of 12%.  She stated we have a new state of the art facility and should be compensating our employees thus protecting our greatest asset – our people.  The total with a 12% increase would be $86,544.80.  The fire department personnel have sacrificed many years in hopes to achieve success with the fire levies with no success.  Mr. Gress wanted to know how to explain to the community about a raise. Mrs. Shafer explained that the fire levy was not about pay raises, it was an attempt to move our fire department to full time status and this has nothing to do with raises.

 

Allen Gress stated that Mike and Lisa were jumping into raises with no salary study. Mr. Lynch responded that there had been a study done. The study was submitted in writing and Lisa Shafer held a copy for the audience to see.

 

Barry Evans reported that he had done an analysis stating the money is there and the financial outlook is good.

 

After discussion and after several motions placed on the table LISA SHAFER MOTIONED TO INCREASE ALL FIRE DEPARTMENT PERSONNEL’S HOURLY RATE AND SALARIED PERSONNEL BY 12% EFFECTIVE IMMEDIATELY seconded by Mike Lynch.  It was also stated that Chief Peterson’s car allowance remains the same and not be subject to any increase. Roll call voting: Lisa Shafer – YES, Mike Lynch – YES and Allen Gress – NO.  MOTION CARRIED.  RES#08-151

 

Fire Department Salary Study of Adjoining Fire Districts:  Allen Gress was going to suggest a salary study for adjoining fire districts but since the 12% increase has been motioned and passed, he said this is now a moot point.

 

Policy for Burial of Indigents:  Mike Lynch explained an indigent recently passed away at Green Meadows and we were informed the township had to set a policy as to how much we would pay for the burial of indigents.

 

 

 

 

February 14, 2008 Trustees Minutes (Cont.)

 

After discussion, MIKE LYNCH MOTIONED THE TOWNSHIP WOULD PAY A TOTAL OF $250.00 FOR THE BURIAL OF INDIGENTS seconded by Lisa Shafer.  Roll call voting:  Mike Lynch – YES, Lisa Shafter – YES and Allen Gress – YES.  MOTION CARRIED.  RES#08-153

 

Flooding / High Water:  Lisa Shafer wanted to thank the road department for a job well done during the recent rains which produced high water and flooding and said the fire department did an excellent job rescuing people who drove into high water and were stranded.

 

Good Neighbor Program – Vacant House at 4151 Broadway: Mike Lynch said Rev. Scott Spencer brought to his attention that there’s a program where the township or government offices can buy vacated homes for $1.00 and then sell or donate said homes.  The board decided to table this until more information can be obtained.

 

Grass Fire Truck: After discussion, the Board asked Chief Peterson to gather information and get prices and report on it at a later date.

 

BWC Claim for Chris Blake: A letter was received from Frank Gates stating they felt this was a good case for a lump sum settlement.

 

After discussion, ALLEN GRESS MOTIONED TO AUTHORIZE FRANK GATES TO PURSUE A LUMP SUM SETTLEMENT REGARDING THE CHRIS BLAKE BWC CLAIM seconded by Lisa Shafer.  Roll call voting: Allen Gress – YES, Lisa Shafer – YES and Mike Lynch – YES.  MOTION CARRIED.  RES#08-154

 

Resolution Regarding Participation in a Joint Project Between the City of Louisville, Nimishillen Township & Stark County: Mike Lynch reported the total cost of this project is estimated at $140,000.00.  The township will pay 1/3 of the cost amounting to approximately $45,000.00.  Lynch said all of the work will be on the City of Louisville’s property but Nimishillen Township would reap all of the benefits.

 

 After discussion, MIKE LYNCH MOTIONED TO AUTHORIZE THE TOWNSHIP’S PARTICIPATION IN A JOINT PROJECT WITH CITY OF LOUISVILLE, STARK COUNTY AND ST. JOSPEH CARE CENTER FOR THE ST. JOSEPH CARE CENTER DRAINAGE / RETENTION BASIN PROJECT seconded by Allen Gress.  Roll call voting:  Mike Lynch – YES, Allen Gress – YES and Lisa Shafer – YES.  MOTION CARRIED.  RES#08-155

 

Mike Lynch recommended that any settlement monies received from the Selective Insurance lawsuit would be used to fund the township’s portion of the St. Joseph Care Center Drainage / Retention Project.  After discussion:

 

ALLEN GRESS MOTIONED TO EARMARK ANY MONEY RECEIVED FROM SELECTIVE INSURANCE TO PAY FOR THE ST. JOSEPH CARE CENTER DRAINAGE / RETENTION PROJECT seconded by Mike Lynch.  Roll call voting: Allen Gress – YES, Mike Lynch – YES and Lisa Shafer – NO BASED ON THE BELIEF THAT THE MONIES CANNOT BE EARMARKED FOR THIS PURPOSE.  MOTION CARRIED.  RES#08-156       

 

Update on Stark County Safety Council Luncheons:  Lisa Shafer said this ties in with what Barry Evans is going to report on later.  She and the Chief have been attending the SCSC monthly luncheons and by attending 8 out of 10 luncheons, in addition to attending additional requirements throughout the year, the township earns a 2% premium discount on BWC claims.

February 14, 2008 Trustees Minutes (Cont.)

 

OLD BUSINESS:

 

BWC – 2% Premium Rebate Program:  This was tabled from the Jan. 24th meeting.  Barry Evans reported we are already doing the things necessary to qualify our township to receive the BWC 2% premium rebate.  Some of the criteria include:  Attend at least 8 out of10 safety council luncheons, which can be a mix of regular luncheons, and attend seminars with the CEO or senior level manager (board president) attending at least one of those.

 

Drug Policy: Lisa Shafer explained she incorporated the drug policies into one policy.  The policy was presented to the trustees for review.  Lisa Shafer asked the township secretary to send it to the prosecutor’s office for an opinion and then resubmit it to the Board for approval into the handbook.

 

NEW BUSINESS:

 

Keith Lasure reported on the Emerald Ash Borer Program stating Adam Caruthers from the Ohio Department of Agriculture came to see him about the possibility of placing traps at various locations in the township where there are Ash trees.  Anyone interested can contact the township office at 330-875-9924.  (Flyer attached)

 

APPROVE MINUTES:

 

LISA SHAFER MOTIONED TO APPROVE THE JANUARY 24, 2008 WRITTEN MINUTES seconded by Allen Gress.  Roll call voting: Lisa Shafer – YES, Allen Gress – YES and Mike Lynch – YES.  MOTION CARRIED.  RES#08-157

 

APPROVE PURCHASE ORDERS, FINANCIAL REPORT AND PAY BILLS:

 

LISA SHAFER MOTIONED TO APPROVE ALL PURCHASE ORDERS, FINANCIAL REPORT AND PAY BILLS IN THE AMOUNT OF $9,311.03 seconded by Allen Gress.  Roll call voting: Lisa Shafer – YES, Allen Gress – YES and Mike Lynch – YES.  MOTION CARRIED.  RES#08-158

 

SIGN CHECKS AND ADJOURN:

 

LISA SHAFER MOTIONED TO SIGN CHECKS AND ADJOURN AT 9:05 PM seconded by Allen Gress.  Roll call voting: Lisa Shafer – YES, Allen Gress – YES and Mike Lynch – YES.  MOTION CARRIED.  RES#08-159

 

 

______________________________                        __________________________________

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

             

 

 

                                                                                    __________________________________

                                                                                                         Lisa R. Shafer, Vice President

 

 

                                                                                    __________________________________

                                                                                    Allen E. Gress, Trustee