RES#11-_____

Nimishillen Township Board of Trustees

July 14, 2011

 

On Thursday, July 14, 2011, the Board of Trustees of Nimishillen Township held a work session at 6:00 PM at the Nimishillen Township Hall located at 4422 Maplegrove NE with the following members present: Trustee President Michael L. Lynch, Trustee Vice President Allen E. Gress and Trustee Lisa R. Shafer.  At 7:00 PM, the Board of Nimishillen Township met in regular session with the following members present: Trustee President Michael L. Lynch, Trustee Vice President Allen E. Gress, Trustee Lisa R. Shafer and Fiscal Officer Barry E. Evans.

 

6:00 PM – WORK SESSION:

 

A work session was held at 6 PM to interview three (3) candidates to be appointed to the Zoning Commission and/or Board of Zoning Appeals.  Those interviewed were Arthur Smith, Herbert Klebaum and Anthony Mucci.

 

7:00 PM – REGULAR MEETING:

 

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

 

NOTE: All reports are available at the township office located at 4915 N. Nickelplate.  Copies are 10¢ per page.

 

INVOCATION:  Trustee Lynch gave the invocation.

 

EXECUTIVE SESSION:

 

TRUSTEE SHAFER MOTIONED TO ENTER INTO EXECUTIVE SESSION FROM THIS REGULAR MEETING OF JULY 14, 2011 AT 7:05 PM AS AUTHORIZED UNDER ORC 121.22(G)(1) PERSONNEL TO CONSIDER THE APPOINTMENT, EMPLOYMENT, DISMISSAL, DISCIPLINE, PROMOTION, DEMOTION OR COMPENSATION OF A PUBLIC EMPLOYEE SECONDED BY TRUSTEE LYNCH.  MOTION CARRIED.  RES#11-169

          Roll call voting:  Mrs. Shafer – YES, Mr. Lynch – YES, Mr. Gress – NO

 

TRUSTEE SHAFER MOTIONED TO RETURN FROM EXECUTIVE SESSION AT 7:55 PM AND RESUME THE REGULAR MEETING SECONDED BY TRUSTEE LYNCH.  MOTION CARRIED.  RES#11-170

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

 

TRUSTEE SHAFER MOTIONED TO HIRE DOROTHY (DOTTY) JACKSON AS THE ACCOUNTING CLERK AT $11.00 PER HOUR EFFECTIVE IMMEDIATELY WITH HOURS TO VARY BETWEEN 16 TO 24 HOURS A WEEK AND WILL ANSWER TO THE FISCAL OFFICER SECONDED BY TRUSTEE LYNCH.  MOTION CARRIED.  RES#11-171

          Roll call voting:  Mrs. Shafer – YES, Mr. Lynch – YES, Mr. Gress – NO

 

Mr. Gress voted no because he questions the process of hiring Mrs. Jackson and said it’s nothing against her personally.

2011, July 14 Trustees Minutes (Cont.)

FIRE DEPARTMENT: (Chief Richard Peterson)

 

Remove Angela Harmon and Tammy Ross as part time civilian dispatchers: TRUSTEE GRESS MOTIONED TO REMOVE ANGELA HARMON AND TAMMY ROSS AS PART TIME CIVILIAN DISPATCHERS SECONDED BY TRUSTEE SHAFER.  MOTION CARRIED.  RES#11-172

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

 

Hire Candy Faux and Kirsten Harvey as part time civilian dispatchers: TRUSTEE GRESS MOTIONED TO HIRE CANDY FAUX AND KIRSTEN HARVEY AS PART TIME CIVILIAN DISPATCHERS AT $11.54 PER HOUR EFFECTIVE JULY 16, 2011 SECONDED BY TRUSTEE SHAFER.  MOTION CARRIED.  RES#11-173

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

 

Bid opening for 1976 Dodge Grassfire Unit: August 25, 2011:  Chief Peterson reported he’s had several calls and one sealed bid has been turned in.  The bid opening will be on August 25th at 7:30 PM.  It was noted this was advertised in the Ohio Township Association News.

 

Mulching/planting of flowers at the fire stations:  Chief Peterson reported all of the mulching and planting of flowers has been completed at all three fire stations thanks to the donations by Kehl’s Greenhouse.

 

Approve June 2011 Fire Report:  TRUSTEE SHAFER MOTIONED TO APPROVE THE JUNE 2011 FIRE REPORT AS PRESENTED SECONDED BY TRUSTEE GRESS.  MOTION CARRIED.  RES#11-174

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

 

ROAD DEPARTMENT: (Jack Magee, Superintendent)

 

Manning Group Grant:  The Manning Group Grant is through the Stark-Tusc-Wayne Solid Waste District.  If we are approved, we will get approximately $200 per month to help maintain the recycle center, i.e. cleaning up trash, mowing the area, supplying gravel, winter snow removal, etc.  We should hear back sometime in September 2011.

 

Paving - Pilot Knob: Paving is finished but Jack reported he’s not happy with the surface.  There are some waves in it.  Central-Allied is trying to smooth it out and will take care of the problem.

 

Chip & Seal: Trustee Gress asked about chip & seal.  Jack said he’s waiting to find out if there’s any money left over from paving but will probably have to wait until next year to chip & seal.

 

Grant Writer:  Trustee Gress asked for an update on the newly hired grant writer.  Jack said he talked to Mr. Pat Sauner.  After Mr. Sauner gets back from vacation, he will get in touch to meet with him, meet with Rich and then meet with the trustees.

2011, July 14 Trustees Minutes (Cont.)

July 14, 2011 Road Report:  TRUSTEE GRESS MOTIONED TO APPROVE THE WRITTEN ROAD REPORT FOR JULY 14, 2011 SECONDED BY TRUSTEE SHAFER.  MOTION CARRIED.  RES#11-175

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

 

ZONING DEPARTMENT: (Dale Riggenbach, Inspector)

 

New software for Dale’s computer:  Trustee Gress suggested getting new software for Dale’s computer.  Dale reported there’s a free download through Microsoft for compatibility.  Tillie Kinsley downloaded it and is working out a couple bugs regarding email.

 

Update on Zoning Commission meetings:  Dale reported there have been five meetings to date on revisions to the current Nimishillen Township Zoning Resolution.  The next meeting is July 26th at 7 PM at the township hall.

 

Remove alternate on Board of Appeals:  Per Stark County Prosecutor, Ross Rhodes, it is a violation to sit as a member on one board and be an alternate on another board.  TRUSTEE GRESS MOTIONED TO REMOVE ED METZGER AS ALTERNATE ON THE ZONING BOARD OF APPEALS SECONDED BY TRUSTEE SHAFER.  MOTION CARRIED.  RES#11-176

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

 

Mr. Metzger will remain on the Zoning Commission as a member.

 

Appoint candidates to Zoning Commission & Board of Zoning Appeals:

 

TRUSTEE GRESS MOTIONED TO APPOINT ANTHONY MUCCI TO FILL DALE RIGGENBACH’S SEAT ON THE BZA THAT WILL EXPIRE 12-31-14  SECONDED BY TRUSTEE SHAFER.  MOTION CARRIED.  RES#11-177

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

 

TRUSTEE GRESS MOTIONED TO APPOINT ARTHUR SMITH TO FILL ED METZGER’S SEAT AS ALTERNATE ON THE BZA THAT WILL EXPIRE 12-31-15 SECONDED BY TRUSTEE SHAFER.  MOTION CARRIED.  RES#11-178

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

 

TRUSTEE GRESS MOTIONED TO APPOINT HERBERT KLEBAUM TO FILL DALE RIGGENBACH’S SEAT AS ALTERNATE ON THE ZC THAT WILL EXPIRE 12-31-15 SECONDED BY TRUSTEE SHAFER.  MOTION CARRIED.  RES#11-179

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

 

June 2011 Zoning Report for SCA:  TRUSTEE SHAFER MOTIONED TO APPROVE THE JUNE 2011 ZONING REPORT FOR STARK COUNTY AUDITOR SECONDED BY TRUSTEE GRESS.  MOTION CARRIED.  RES#11-180

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

 

2011, July 14 Trustees Minutes (Cont.)

July 14, 2011 Zoning Report:  TRUSTEE SHAFER MOTIONED TO APPROVE THE WRITTEN ZONING REPORT FOR JULY 14, 2011 SECONDED BY TRUSTEE GRESS.  MOTION CARRIED.  RES#11-181

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

 

FISCAL OFFICER: (Barry Evans)

 

Adopt Personal Information Policy: Mr. Evans asked for a resolution to adopt the Personal Information Policy as directed by the State Auditors.  MOTION CARRIED.  RES#11-182

 

The Board of Trustees of the Township of Nimishillen met in regular session on Thursday, July 14, 2011, commencing at 7:00 PM, at the Township Hall of the Nimishillen Township Trustees, with the following members present:

 

______MICHAEL L. LYNCH_________   ________ALLEN E. GRESS_______

 

                                ________LISA R. SHAFER________

 

LISA R. SHAFER motioned for the adoption of the following resolution seconded by

ALLEN E. GRESS:

Most documents and records maintained by Nimishillen Township are considered public records under Ohio law.  However, certain personal, private, information defined by Ohio Revised Code 1247 must be safeguarded.  Each department head or elected official is responsible for their departments’ training and adherence to this policy.

Ohio Revised Code Chapter 1347 – Storage, Use and Distribution of Personal Information: 1347.01 Personal Information Systems Definitions

“Agency” means the Township of Nimishillen, its boards, commissions, department, divisions, offices of elected officials or instrumentalities or extensions of them.

“Maintains” means ownership of, control over, responsibility for, or accountability for systems and includes, but is not limited to, depositing of information with a data processing center for storage, processing, or dissemination.  An agency “maintains” all systems of records that are required by law to be kept by the agency.

 “Personal information” means any information that describes anything about a person or that indicates actions done by or to a person, or that indicates that a person possesses certain

2011, July 14 Trustees Minutes (Cont.)

personal characteristics, and that contains, and can be retrieved from a system by, a name, identifying number, symbol or other identifier assigned to a person.

“System” means any collection or group of related records that are kept in an organized manner and that are maintained by a state or local agency, and from which personal information is retrieved by the name of the person or by some identifying number, symbol or other identifier assigned to the person.  “System” includes both records that are manually stored and records that are stored using electronic data processing equipment.  “System” does not include collected archival records in the custody of or administered under the authority of the Ohio Historical Society, published directories, reference materials or newsletters, or routine information that is maintained for the purpose of internal office administration, the use of which would not adversely affect a person.

Personal Information:

·       Personal information is collected, stored, and accessed only as necessary to conduct standard business with the office.

·       Information is only accessed within the office by authorized staff of Nimishillen Township or by those granted authority by the department head.

·       A person who received personal information through a public record request is not an authorized person.

 

Protection:

·       Security measures for all information systems under our control have been developed so that information will not be lost, misused or altered.

·       Access is limited to areas where personal information is stored.

·       Information is stored in locked areas/cabinets.

·       Electronic data is protected through password safeguards and by system permissions.

·       Employees are expected to report any suspected theft or misuse of personal information.

·       Records may be redacted in some instances to protect private information.  “Redaction” is “obscuring or deleting any information that is exempt from the duty to permit public inspection or copying from an item that otherwise meets the definition of a record in Section 149.011 of the Revised Code.

·       Destruction of personal records must be in accordance to the Nimishillen Township’s record retention policy.

 

Disciplinary Measures:

Employees whom are in violation of the Nimishillen Township Personal Information Policy will be subject to disciplinary measures, up to and including termination.

Rules regarding personal information will be reviewed annually and are subject to change.

RES#11-182

Adopted: July 14, 2011

2011, July 14 Trustees Minutes (Cont.)

          Upon roll call on the adoption of the resolution, the vote went as follows:

_____MICHAEL L. LYNCH______  YES    ______ALLEN E. GRESS______  YES

                                ______LISA R. SHAFER_______  YES

Term up for Fiscal Officer:  Barry announced he will not be running for re-election as Fiscal Officer.  His full-time job has been upgraded and he will be on the road more and not available to serve as F.O.

TRUSTEES:

 

Information packet for newcomers to the area (tabled from 6/23/11):  Trustee Gress gave an update on Steve Roberts project to put together a booklet/packet for newcomers to the township at an estimated cost of $1,500 and split the cost three ways with the City of Louisville, Township and Chamber ($500 each).  TRUSTEE GRESS MOTIONED THE TOWNSHIP CONTRIBUTE $500 TO THE CHAMBER OF COMMERCE PROJECT TO PROVIDE INFORMATION TO NEWCOMERS TO OUR AREA.  MOTIONED WAS NOT SECONDED.

 

Trustee Shafer said most people go to the Internet to get information when they are moving to a new area.  Trustee Lynch said since he was not at the last meeting, he wanted to gather a little more information and discuss at a future meeting.

 

One-day session on July 29th:  Trustee Gress said if no one objected, he would like to attend the upcoming OTA 1-day session on Jul 29th on SB 5 and changes that we might have to be prepared for such as health care costs, etc.  The cost is $45.00 for OTA members.  The Board agreed he should attend.  Mrs. Shafer said there are several different sessions that day and he could attend one of all of them.

 

Electric Aggregation Program:  Trustee Lynch said the electric companies are going through changes but the Electric Aggregation Program did not get enough support to place it on the ballot.  The Board chose not to support this program even though they passed a resolution with a 2 to 1 vote to support it on June 9, 2011, Res#11-155.

 

Beech Creek Preserve invitation:  Trustee Gress reported there’s a Garden Reception for the opening of the new ‘Amazing Garden’ Plant Science Center at Beech Creek Botanical Garden & Nature Preserve, 11929 Beech St., Alliance, Thursday, July 21st @ 6:30 PM.  Trustee Lynch will attend.

 

Participate in SCOG natural gas aggregate:  After discussion, the Board agreed not to participate in the SCOG natural gas aggregate program this year.

 

Contract for police services with Louisville:  Trustee Gress brought this up for discussion and said with SB 5, this might be something we should look at.  There have been several daytime burglaries in the township lately.  After discussion, Trustees Shafer was against it and Trustee Lynch said it doesn’t hurt to check into it.  Trustee Gress will gather more information.

 

2011, July 14 Trustees Minutes (Cont.)

Fracking:  Trustee Gress said this has been an on-going concern in our township.  The energy company is knocking on doors trying to get contracts.  He reported that due to fracking, pollution was found in the wells in Allentown, PA.

 

APPROVE JUNE 23, 2011 MINUTES:

 

TRUSTEE SHAFER MOTIONED TO APPROVE THE WRITTEN MINUTES FOR JUNE 23, 2011 SECONDED BY TRUSTEE GRESS.  MOTION CARRIED.  RES#11-183

          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 $16,219.47 SECONDED BY TRUSTEE GRESS.  MOTION CARRIED.  RES#11-184

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

 

EXECUTIVE SESSION:

 

TRUSTEE SHAFER MOTIONED TO ENTER INTO EXECUTIVE SESSION FROM THIS REGULAR MEETING OF JULY 14, 2011 AT 8:40 PM AS AUTHORIZED UNDER ORC 121.22(G)(4) COLLECTIVE BARGAINING FOR THE PURPOSE TO PREPARE FOR, CONDUCT OR REVIEW COLLECTIVE BARGAINING STRATEGY SECONDED BY TRUSTEE GRESS.  MOTION CARRIED.  RES#11-185

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

 

TRUSTEE SHAFER MOTIONED TO RETURN FROM EXECUTIVE SESSION AT 9:05 PM AND RESUME THE REGULAR MEETING SECONDED BY TRUSTEE GRESS.  MOTION CARRIED.  RES#11-186

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

 

MRS. SHAFER MOTIONED TO AWARD A 3% INCREASE TO ALL NON-UNION EMPLOYEES EFFECTIVE AUGUST 13, 2011 SECONDED BY TRUSTEE LYNCH.  MOTION CARRIED.  RES#11-187

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

 

TRUSTEE SHAFER MOTIONED TO MAKE THE NON-UNION PORTION OF HEALTH CONTRIBUTION 15% EFFECTIVE AUGUST 13, 2011 SECONDED BY TRUSTEE GRESS.  MOTION CARRIED.  RES#11-188

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

 

SIGN CHECKS AND ADJOURN:

 

TRUSTEE SHAFER MOTIONED TO SIGN CHECKS AND ADJOURN AT 9:10 PM SECONDED BY TRUSTEE GRESS.  MOTION CARRIED.  RES#11-189

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

 

2011, July 14 Trustees Minutes (Cont.)

 

 

 

 

__       _____________________           ______________________________

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

               Fiscal Officer

 

 

 

 

                                                            ______________________________

                                                            Allen E. Gress, Vice President

 

 

 

 

 

                                                             ____             ___________________

                                                            Lisa R. Shafer, Trustee