MINUTES

Nimishillen Township Board of Trustees

OCTOBER 28, 2010

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
 
On Thursday, October 28, 2010 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. 

 

NOTE:  Meeting reports are available at the township office.  Copies are 10¢ per page.

 

FIRE: (Richard Peterson, Fire Chief)

 

Approval for equipment for new brush truck: TRUSTEE GRESS MOTIONED TO APPROVE ALL EMERGENCY WARNING EQUIPMENT FOR NEW BRUSH TRUCK FOR $5,732.26 FROM ALL PUBLIC SAFETY COMPANY SECONDED BY TRUSTEE SHAFER.  MOTION CARRIED.  RES#10-224

            Roll call voting: Mr. Gress – YES, Mrs. Shafer – YES, Mr. Lynch – YES

 

ROAD: (Jack Magee, Hwy. Superintendent)

 

Equipment/Salt Shed:  Magee reported they are working on the salt trucks getting ready for winter and the salt shed is full.

 

Approve Road Report: TRUSTEE SHAFER MOTIONED TO APPROVE THE OCTOBER 28, 2010 WRITTEN ROAD REPORT SECONDED BY TRUSTEE GRESS.  MOTION CARRIED.  RES#10-225

            Roll call voting: Mrs. Shafer – YES, Mr. Gress – YES, Mr. Lynch - YES

 

ZONING: (Keith Lasure, Zoning Inspector)

 

Rescind Res#10-215: TRUSTEE GRESS MOTIONED TO RESCIND RES#10-215 WHICH PLACED 5822 SUNLAND ON THE TAX DUPLICATE IN THE AMOUNT OF $550.00 SECONDED BY TRUSTEE SHAFER.  MOTION CARRIED.  RES#10-226

            Roll call voting: Mr. Gress – YES, Mrs. Shafer – YES, Mr. Lynch – YES

 

Resolution place 6220 Plum Street on tax duplicate: TRUSTEE SHAFER MOTIONED TO PLACE 6220 PLUM STREET ON THE TAX DUPLICATE IN COMPLIANCE WITH ORC 505.86 & 87 IN THE AMOUNT OF $500.00 FOR MOWING AND REMOVAL OF YARD DEBRIS SECONDED BY TRUSTEE GRESS. MOTION CARRIED.  RES#10-227

            Roll call voting: Mrs. Shafer – YES, Mr. Gress – YES, Mr. Lynch – YES

 

Demolition of 3860 Violand: Lasure received confirmation the demolition of 3860 Violand should be completed by Nov. 8, 2010.  The demolition is through NSP (Neighborhood Stabilization Program) through Stark County Regional Planning.

 

Church on N. Nickelplate:  Trustee Gress asked Lasure about the church that burned on N. Nickelplate.  After discussion, Trustee Lynch said he would call Eric Yoder.

 

Zoning Report: TRUSTEE GRESS MOTIONED TO APPROVE THE WRITTEN ZONING REPORT FOR OCTOBER 28, 2010 SECONDED BY TRUSTEE SHAFER.  MOTION CARRIED.  RES#10-228

            Roll call voting: Mr. Gress – YES, Mrs. Shafer – YES, Mr. Lynch - YES

 

FISCAL OFFICER: (Barry Evans)

 

Resolution for Transfer: TRUSTEE SHAFER MOTIONED TO APPROVE THE TRANSFER OF $5,000 FROM 10-A-07 UTILITIES TO 10-A-09 SUPPLIES AND $6,000 FROM 10-A-15 OTHER EXPENSES FOR A TOTAL OF $11,000 SECONDED BY TRUSTEE GRESS.  MOTION CARRIED.  RES#10-229

            Roll call voting: Mrs. Shafer – YES, Mr. Gress – YES, Mr. Lynch – YES

 

 

2010 October 28 Trustees Minutes (Cont.)

 

 

 

CITIZENS:

 

Kellie Mathie of 8385 Paris in Harrisburg stepped to the podium and talked about:

o       concerns with the Carriage House such as the outside concert stage

o       problems with patrons trashing her property

o       fence & fire safety  – Chief Peterson said fire & safety service would not be affected by the closing of Honey Alley nor the building of a fence

o       her peace and security is being interrupted and needs help with these problems

o       She talked about the owners of the Carriage House petitioning to have Honey Alley vacated, which is her only access to her property.  She asked the trustees to please help with the problems and represent all of the community

Darla Moore of 9085 Columbus Road stepped to the podium and said she agrees with everything Kellie said and said the music is so loud, her house shakes and someone has to do something about all the problems being created by the Carriage House

Fran Metzger of 8336 Paris stepped to the podium stating she lives at the corner of Columbus Road.  She said the bands are overwhelming; they park in her driveway area (which is not parking lot)

Don Weisel of 9335 Columbus Rd. stepped to the podium and said he’s here because he’s concerned about his neighbors and is here to support them.  He lives ¼ mile away and can hear the bands but not as loud as those who lives closer to the bar.

James Harsh of 8402 Paris agrees with everything Kellie said.  He lives across the street from the bar and said when he lays in bed, his chest rattles from the noise.

 

Someone said the parking sign was tore down when blacktopping.  Lasure said he would check into it.

 

Trustee Lynch said he’s not insensitive to the resident’s problems with the Carriage House, but the Board of Trustees is limited as to what they could do but will do what they can to help. There was discussion between Trustees Gress and Lynch.  TRUSTEE GRESS THEN MOTIONED TO TAKE A 15 MINUTE BREAK. MOTION DIED FOR LACK OF A SECOND.

 

TRUSTEE GRESS MOTIONED TO SEND A RESOLUTION TO THE COUNTY COMMISSIONERS ASKING TO KEEP HONEY ALLEY OPEN.  MOTION DIED FOR LACK OF A SECOND.

 

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

 

Schedule employee evaluations for December: Trustee Shafer reported staff evaluations should be set up.  After discussion, Magee and Lasure will be evaluated on December 9th and Shaub & Peterson will be evaluated on December 23rd.

 

Louisville yard waste facility closing:  Trustee Gress suggested the Board should meet with the City of Louisville to discuss the city participating with part of the expense for the township to run the compost facility since they will be closing their facility and city residents will be using the township’s facility.  Gress said Mr. Ault is blaming the EPA for the need to close their facility.  After discussion, Trustee Shafer was against meeting with Louisville stating our compost is a county-wide and anyone in the Tri-county area can bring their yard waste to our facility.  Ms. Shafer said she would contact Mr. Held to discuss the situation and Magee is to find out what it costs the township to maintain our facility.

 

Trustee Gress reported he attended October’s SCTA meeting.  Recycling and composting was discussed.  Township Secretary was asked to:  (1) check with Stark-Tusc- Wayne Joint Solid Waste District as to whether or not we have a contract and if someone is injured while recycling or composting, who would be responsible and (2) check with the SCTA and ask if one of the trustees could take a few minutes to talk about concerns regarding our compost facility at the November meeting.

 

 

 

 

 

 

2010 October 28 Trustees Minutes (Cont.)

 

Revision of Employee Handbook: Trustee Gress said the township employee handbook needs updated and he would be willing to take on this project.  Trustee Shafer agreed but said it’s currently the basis for the road department’s union contract, which needs to be taken into consideration when updating.  Mr. Gress said the law states that the labor contract takes precedence but it would be nice to have the handbook and contract correspond with each other.  Gress said since the labor contract is coming up soon, we should have our policy book changed prior to that.  Mr. Gress said he would get copies of employee handbooks from Plain, Marlboro and Lake Township.

 

Purchase ‘Ultimate Employer’ program: Trustee Shafer said this links into Policies & Procedures to go with the township employee handbook and said she would suggest we contact the Ohio Township Association and get their latest copy of Ohio Township Personnel Management Source Book, which is about personnel policies with the latest update being 2009.  This way our Policies & Procedures will stay current per the O.R.C.  The cost is $25.00 plus $5.00 shipping for a total of $30.00.  Township secretary will check into this.

 

Records Management Seminar update: Trustee Gress reported Sharon and he attended the Records Management Seminar on October 19th stating it was very informative.  The township needs to have a policy in place to include retention schedules, how long to keep records and the employee handbook should have the records retention policy in it.  Mr. Gress said there’s a two-page listing of different kinds of records and how long they should be kept.  Fiscal Officer, Barry Evans, said he would get a list to Mr. Gress.

 

Date set for Honey Alley vacation:  Trustee Gress reported the Stark County Commissioners sent a letter stating that the 60 day extension of the vacation of the unimproved Honey Alley in Harrisburg will reconvene on November 24, 2010 at 1:30 PM at the County Office Building.

 

Grant Writer:  After discussion, the Board agreed to re-visit advertising for a new grant writer at the November or December Trustees’ meeting.

 

RESOLUTION TO APPROVE OCTOBER 14, 2010 MINUTES:

 

TRUSTEE GRESS MOTIONED TO APPROVE THE OCTOBER 14, 2010 MINUTES AS WRITTEN SECONDED BY TRUSTEE SHAFER.  MOTION CARRIED.  RES#10-230

            Roll call voting: Mr. Gress – YES, Mrs. Shafer – YES, Mr. Lynch - YES

 

EXECUTIVE SESSION:TRUSTEE SHAFER MOTIONED TO ENTER INTO EXECUTIVE SESSION WITH CHIEF PETERSON AT 8:05 PM FOR THE PURPOSE TO CONSIDER PENDING DISCIPLINE OF A PUBLIC EMPLOYEE AS AUTHORIZED UNDER ORC 121.22(G)(1) SECONDED BY TRUSTEE GRESS. MOTION CARRIED.  RES#10-231

            Roll call voting: Mrs. Shafer – YES, Mr. Gress – YES, Mr. Lynch - YES

 

TRUSTEE SHAFER MOTIONED TO RETURN FROM EXECUTIVE SESSION AT 8:40 PM AND RESUME THE REGULAR TRUSTEES MEETING SECONDED BY TRUSTEE GRESS.  MOTION CARRIED.  RES#10-232          

            Roll call voting:  Mrs. Shafer – YES, Mr. Gress – YES, Mr. Lynch – YES

 

TRUSTEE SHAFER MOTIONED TO AUTHORIZE CHIEF PETERSON TO INVESTIGATE A PERSONNEL ISSUE AND TO DRAFT A LETTER AND MEET WITH STARK COUNTY PROSECUTOR, LISA BARR, PER THE ORC SECONDED BY TRUSTEE GRESS.  MOTION CARRIED.  RES#10-233

            Roll call voting:  Mrs. Shafer – YES – Mr. Gress – YES, Mr. Lynch - YES

 

APPROVE ALL PURCHASE ORDERS, FINANCIAL REPORT AND PAY BILLS:

 

TRUSTEE SHAFER MOTIONED TO APPROVE ALL PURCHASE ORDERS, FINANCIAL REPORT AND PAY BILLS IN THE AMOUNT OF $78,087.07 SECONDED BY TRUSTEE GRESS.  MOTION CARRIED.  RES#10-234

            Roll call voting: Mrs. Shafer – YES, Mr. Gress – YES, Mr. Lynch - YES

 

 

 

2010 October 28 Trustees Minutes (Cont.)

 

 

 

SIGN CHECKS AND ADJOURN:

 

 

TRUSTEE SHAFER MOTIONED TO SIGN CHECKS AND ADJOURN AT 8:40 PM SECONDED BY TRUSTEE GRESS.  MOTION CARRIED.  RES#10-235

            Roll call voting: Mrs. Shafer – YES, Mr. Gress – YES, Mr. Lynch - YES

 

 

 

 

 

 

________________________                _____________________________

ATTEST: Barry L. Evans                                Michael L. Lynch, Trustee President

                Fiscal Officer

 

 

 

 

 

 

                                                                        ________________________________

                                                                        Lisa R. Shafer, Trustee Vice President

 

 

 

 

 

 

                                                                        ________________________________

                                                                        Allen E. Gress, Trustee