September 17, 2012 - Meeting Minutes

MINUTES

BREWSTER VILLAGE COUNCIL

SEPTEMBER 17, 2012

7:00 P.M.

 

Brewster Village Council met in regular session with Mayor Mike Schwab presiding.

 

7:00 P.M. – CALL TO ORDER

 

Council Members bowed their heads for the invocation provided by Clerk-Treasurer K. Kris King followed by the Pledge of Allegiance.

 

MEMBERS PRESENT:

Mike Schwab, Mayor

Sherri Bichsel, Council Member

Dave Duff, Council Member

Tom Hilliard, Council Member

Jay Huff, Council Member

David Godwin, Council Member

Steven Tharp, Jr., Council Member

 

VILLAGE OFFICIALS PRESENT:

Steve Hartman, Village Administrator

K. Kris King, Clerk-Treasurer

Al McCallin, Solicitor

Rick Patterson, Jr., Fire Chief and Street Superintendent

 

MINUTES FROM THE SEPTEMBER 4, 2012 REGULAR COUNCIL MEETING:

Mayor Mike Schwab asked if there were any additions or deletions to the September 4, 2012 Council meeting minutes.  There were none.

 

COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to accept the minutes.  The vote: All yes.

 

PRESENTATION OF BILLS:

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to accept the bills for the amount of $ 341,473.57.  The vote: All yes.

 

AUDIENCE TIME:

Dale Fox, 464 Mohican, had read that there was a drug-take back on September 29, 2012 from 2 to 4pm at FairlessHigh School.  He wasn't sure if anyone had read it in the paper.

 

Don Asplin of Muskingum Ave NW, had two bills that he wished to be reimbursed by the village.  His wife had fallen on the sidewalk at the north end of the underpass.  She broke her hand in four places, injured her foot and shoulder.  She then fell two more times and ended up with a concussion before she was picked up by a local pastor. 

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to pay a $37.09 and a $344.97 bill as of moral obligation.  Right of ways and who owns the sidewalks in the underpass was discussed.  The vote: Duff, no; Godwin, yes; Hilliard, yes; Huff, no; Tharp, yes; Bichsel; yes.

 

Council Member Hilliard wants to make sure any out of align or broken sikewalk gets fixed.

 

The following residents were also present: Paul Mackey, Linda Taylor, Ray and LaVonne Heitger, and Dale Fox.

 

GUEST:

Nancy Brown of Vogley-Muskoff Insurance went over the insurance proposal.  The proposal included the same plan as last year at $ 39,776, added crime coverage at $992, and cyber coverage at $ 3,300 for a total of $ 43,664.  Council Member Huff stated how the proposed package and Option #1-Crime Coverage duplicate coverage with higher dollar amounts.  Council Member Tharp asked the clerk's opinion.  She feels that Option #1-crime coverage and cyber coverage should be added to the policy.  Council Member Huff reiterated that it was more coverage with some duplication.

 

CONSIDERATION OF ORDINANCES:

ORDINANCE 27-2012:  An ordinance awarding a contract to Wichert Insurance for the village casualty and liability insurance in the amount of $43,644.00 was given third reading.

 

COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to pass Ordinance 27-2012 as read.  The vote: Duff, no; Godwin, yes; Hilliard, yes; Huff, yes; Tharp, yes; Bichsel, yes.

 

ORDINANCE 28-2012: An ordinance authorizing a gas aggregation agreement with Volunteer Energy Services, Inc. was given third reading.  (Rate: 7% less than Columbia Gas Standard Choice Offer Adder; residents may opt-out.)  Council Member Tharp asked about the opt out letters.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to pass Ordinance 28-2012 as read.  The vote: All yes.

 

An ordinance adopting the Stark County Multi-Jurisdictional All Hazard Mitigation Plan Update was given second reading.

 

An ordinance that provides the division of moneys received from SugarcreekTownship and Tuscarawas Township Fire and Ambulance Contracts between the Fire Fund and the Ambulance Replacement Fund was given first reading.  (This would set aside $ 20,000 annually in Ambulance Replacement w/approx $ 80,00 to the Fire Fund.)

 

RESOLUTION 29-2012:  A resolution of appreciation to Vera Donat for the repair of Village's American flags.  NOTE:  Resolutions of appreciation may be considered at first reading.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to pass Resolution 29-2012.  The vote: All yes.

 

MUNICIPAL DEPARTMENTS:

Fire Department: Chief Rick Patterson

Captain Jenny Mohler reports that the paramedics program's expanded weekend hours proceeded without a glitch.

 

Council Member Huff asked how the water safety program was going.  Chief Patterson stated not too far yet.

 

Police Department: Chief Harry Porter

Cruiser #2: Radio replaced by donation (will have to pay for installation); overhead light bar replaced with a rebuilt one with LED lights at $200 plus installation.

 

Officer Creter stopped a stolen truck out of LawrenceTownship that was detected with the LPR (License Plate Reader).  He was commended by Lawrence Township Chief of Police.  Council Member Godwin stated this was the lady that stole from her son's income tax refund while he was in Afghanistan.

 

Chief is reviewing applications for part time officers.

 

Council Member Duff commended the Chief and the afternoon officers for doing a really good job stopping speeders on the north end of town.

 

SOLICITOR: Attorney Al McCallin

Mayor Schwab inquired as to whether Ohio Basic Code (which Council adopts each year) overrides the Village ordinances.  Solicitor McCallin confirmed that they override with the exception of the supplements added by the Village.

 

COMMUNICATIONS:

First Energy: New transmission line project in the Brewster area; public meeting at FairlessHigh School on Wednesday, Sept. 26th at 6pm.  Mayor and Village Administrator plan to attend.

 

Fairless Supt. Bidlock has approached the village about exploring a Bio-Digester project; a future meeting with area public officials and businesses is planned by the Fairless Superintendent.

 

Donation request of $1,000 from Fairless Food Cupboard for the Toy Distribution.  Last year toys were distributed to parents for 145 children.

 

VILLAGE ADMINISTRATOR: Steve Hartman

Water:

Mr. Rogich's water meter was bench tested and is actually running slow.  This month his usage was back to normal.

 

Street:

Central Allied is scheduled to begin on September 27th.

 

Quote for LEVCO to restripe crosswalks, stop bars, turn arrows, and school markings is $3,350.  Mayor wants West First Street from Wabash to the park parking lot to have a center line also.

 

There is a sink hole on Field #3.  The soccer referee found it when his leg went in it while running.  It has since been filled.  These occur occasionally because there used to be a city dump in where the park is now.

 

Sewer:

VA Hartman submitted the signed agreement with Hazen-Sawyer.  We should be on the agenda for the October WPCLF funding meeting.  This does not commit the village to anything, it just makes the money available if Council wishes to proceed with the project.

 

Electric:

There are two change order requests for the electric garage.  #1 - $ 11,931 - Installing floor drains, plumbing, and oil interceptor.  #2 - $ 1,780 - A deduction for eliminating the concrete footer and retaining wall and replacing it with a concrete block footer.  Roseman has fill that will eliminate the need for the retaining wall.

 

Village:

VA Hartman met with Kent Baker of Engineering Associates concerning the intersection of Elton and Route 93.  Mr. Baker will meet with ODOT and report back to the village.

 

VA Hartman provided a recap of the changes in OPERS.

 

Council Member Hilliard asked if the county approved the original plans for the electric garage.  VA Hartman stated it was approved before the concrete floor was decided upon.  Council Member Tharp asked why these changes need made.  Council Member Bichsel explained that it is a commercial building.  VA Hartman stated the original bid package did not include these items.  Council Member Hilliard asked if this was going to be the end of the change orders.  VA Hartman stated this was the only one the contractor could foresee at this time.  Council Member Huff stated he had read back through the minutes and stated the original proposal was $ 66,000.  It's been on the table, off the table.  It should have been done in the beginning and saved the village a lot of money.  Council Member Duff wants to know why our guys can't do the work.  Bichsel stated it had to be done by a certified plumber.  Duff stated to just do it and have the county inspect it.  Council Member Tharp stated along the same lines...he voted against it...when it was originally looked at, stuff was added, subtracted.  It is a "complete cluster".  It is not the Village Administrator's fault.  It is Council's fault.  Council has been wasting money.   Council Member Hilliard stated the fact of the matter is the building is being built.  There was a discussion as to whether it needed to be done in ordinance form.  Clerk King stated there were issues with the auditors concerning signed contracts and she thought they wanted ordinances passed for the change orders.  Solicitor McCallin thought it could be passed under emergency.  Tharp questioned whether it was a change order or a project change.

 

COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to draw up an ordinance for a change order for the electric garage to include $6,829 for plumbing and $5,102 for the oil inceptor plus a second change order for a decrease of $1,780 and declaring an emergency.  The vote: Duff, yes; Godwin, yes; Hilliard, yes; Huff, yes; Tharp, no; Bichsel, yes.

 

RESOLUTION 30-2012:  An resolution for a change order for the electric garage to include $6,829 for plumbing and $5,102 for the oil inceptor plus a second change order for a decrease of $1,780 and declaring an emergency was given first reading. 

 

COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER DUFF and motion carried to suspend the rules requiring three separate reading and bring Resolution 30-2012 forward for passage.  The vote: Duff, yes; Godwin, yes; Hilliard, yes; Huff, yes; Tharp, no; Bichsel, yes.

 

COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER DUFF and motion carried to pass Resolution 30-2012 as read.  The vote: Duff, yes; Godwin, yes; Hilliard, yes; Huff, yes; Tharp, no; Bichsel, yes.

 

Solicitor McCallin stated ORC 32.027 states the Village Administrator can sign for the contract change but must have the contractor's signature also.

 

Council Member Hilliard stated another quote is still needed for the Water Garage roof.  It doesn't look like it will be done until next year.  VA Hartman stated the problem is there are no eaves and they need to add them so the rain and snow doesn't fall against the building.  Most contractors just want to come in and whip out the roof but don't want to extend the eaves.

 

Council Member Hilliard is concerned that there is not enough room on West First   Street for a centerline.  When people park for the restaurant and museum, people are going to have to cross the center line.

 

Council Member Huff stated the leaves are falling.  Leaf pickup needs to be scheduled.

 

 

 

 

MAYOR’S REPORT:

State Route 93/Elton Street intersection; Engineering Associates will provide a cost to engineer the installation of a turn lane radii on the east side of Elton Street with the possible funding through the OPWC or similar agency; solely for information at this point.

 

Awaiting an estimate from Harris/Day for Councilman Huff and Mayor's proposal for a Police garage.

 

Ohio Valley Energy: Notice that they intend to drill a gas well on Parcel #7001913 on residential property; from Solicitor; ODNR regulations trump Village Zoning restrictions; Mayor contacted ODNR, and State Legislators Oelslager and Hagan to protest drilling in residential area; only responses to date are acknowledgements of the letter of opposition were by emails from the ODNR and Rep Hagan stated to let her know when obnoxious odors appear.

 

The Mayor provided information on the Community Reinvestment Area (CRA).  Currently Brewster Dairy is participating.  The new housing proposed by ICAN may qualify.  Anyone wishing to see what the units would look like can see one at 3328 Millvale Rd NE in Canton.

 

Equal Employment Opportunity Commission suggestions for a social media policy.  The Mayor and Clerk to work on in the future.  Council Member Tharp's employer has facebook blocked through their internet provider.  Chief Patterson has a zero tolerance policy at the fire dept.  Council Member Tharp said it may infringe on freedom of speech.  Solicitor McCallin stated employers have an expectation of employee's commitment to the employer.

 

There was a discussion of a handicap accessible restroom.  Supt. Patterson provided a rough cost estimate.  Rough drawings will be provided as the discussion proceeds.  Mayor stated that ADA compliance at Village Hall has been discussed for 20 years.

 

There is a trash collection poll on the Village's website: municipal or private collection.  www.brewsteroh.com.

 

Putting a speed bump at the entrance of the park was discussed.

 

Mayor Schwab provided an on-call proposal for the Electric Department.  Council Member Bichsel has spoke to the Street Dept and they are okay with it but the Electric Dept. is not.  They want 2 hours on call pay on weekdays, 3 hours for weekend days, and 4 hours on holidays.  Council Member Hilliard said to throw it all out and just pay them 4 hours for anytime they get called out.  VA Hartman explained the process for a call out if no Village employees are available.  Council Member Huff stated the employees in one of the village's dept's are trying to hold the Village hostage.  If they don't come out when they are called then the Village should get a new crew.  Council Member Hilliard asked how many times has this happened.  VA Hartman stated it has not happened yet, but the Village now has a zero tolerance for drug and alcohol.  That means an employee could be fired for going out if he took cough medicine or drank a beer earlier in the day.  Council Member Duff stated that if there is a problem that the residents are going to hold Council responsible.  On call pay is like an insurance policy.  Council Member Godwin asked Solicitor McCallin if there would be repercussions if an employee didn't come when they were called now.  Council Member Huff stated Ohio is an at will state and anyone could be fired  without cause.  You don't have to give them a reason.  He suggested putting them on salary and that would solve all the problems.  VA Hartman stated that would not matter because they are working supervisors so they are not exempt employees.  Council Member Godwin stated he would not discipline an employee for not being available to come out on a call.   Council Member Huff stated this needs brought back up in an Employee Committee meeting.  It is just one department that is blackmailing the Village.   Council Member Hilliard stated he agrees with Council Member Huff and Godwin.  He thinks the employees are holding the Council hostage and this is getting out of hand.  Council Member Huff stated if they hold Council hostage once, they will do it again next week. 

 

VILLAGE CLERK-TREASURER’S REPORT:

Reminder:  Request to upgrade our payroll system at a cost of $500.00 by Government Accounting Solutions. 

 

Reminder:  Request to purchase 25 - 3 x 5 Nylon Flags @ $ 9.00 and 2 - 5 x 8 @   $18.00 Nylon Flags from Senator Jim Renacci's office.  Not to exceed $275.00 should cover it.

 

Remind Council to look over and sign the check register on the table.

 

Currently working with Affinity Occupational Health and Sheakley on our Drug Free Workplace requirements.  This is what keeps our rates down and makes us eligible for rebates.

 

There is no one to do the Halloween party.  It was suggested to put the Police Department or the Fire Department take charge of it.

 

Arts on the Boulevard is coming together.  We have business participation and about 15 vendors.  Council Member Hilliard asked if the boulevard was being closed.  Mayor Schwab stated the Post Office has been notified of the closure.

 

Military flags are in and the American Legion has been invoiced for half the cost. 

 

Currently working with the Tax Equalization Division of the State of Ohio to transfer the $53,000 from the EMS Fund to the Ambulance Replacement Fund.  We may have to leave it in the EMS Fund and pay that much out of the Fund when it is time to make             the purchase.

 

Council Member Bichsel stated someone should be at Village Hall to pass out cider and doughnuts.  She stated that Council will put it together.

 

COMMITTEE OR COUNCIL REPORTS:

Council Member Bichsel: Council of the Whole met at 6pm to continue to review employee benefits, safety measures, wages, etc.  No recommendations are ready.  Will schedule another meeting,

 

Council Member Duff: Parks and Grounds Committee met at 6:30pm to discuss signage and broken equipment.

 

Council of the Whole/Employee Committee meeting minutes from Sept 4, 2012.

 

Request from Council Member Godwin to be placed on the Economic Development Committee.

 

Mayor suggests each committee take on a winter project for 2013.

 

            Note: The Goal of any committee meeting is to discuss an issue or proposal and to             provide by a consensus of the committee members a recommendation to Council.

 

Reminder: Council's FEMA training available at http://training.fema.gov/EMIWeb/IS/is908.asp; it is an hour course.

 

 

EXPENDITURE REQUESTS from past Meetings:

From the Clerk:  Request to upgrade our payroll system at a cost of $500.00 by Government Accounting Solutions. 

 

From the Clerk:  Request to purchase 25 - 3 x 5 Nylon Flags @ $ 9.00 and 2 - 5 x 8 @ $18.00 Nylon Flags from Senator Jim Renacci's office.  Not to exceed $275.00 should cover it.

 

Note: Also awaiting additional quotes for a new roof on water storage building.

 

PENDING PROPOSALS from past meetings:

Maryellen Chambers Executive Director of ICAN - Senior housing proposal; desires a letter of support from Village & Mayor for including in a grant application.  Council Member Hilliard is concerned about who is going to pay for the road.  VA Hartman stated he let Larry Kolac know in no uncertain terms in the past that he is responsible for the street.  Council Member Tharp is hesitant to give a letter of support until he sees concrete plans.  He is also concerned about how they can make it 55 or older.

 

Elton   Street/N. Wabash Avenue Intersection Upgrades-awaiting proposal costs from Engineering Associates.

 

Police Garage proposal: awaiting development costs from Harris Day Architects.

 

 

OLD/NEW BUSINESS:

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to purchase the payroll software update from Government Accounting Solutions at a cost of $500 to be split between General, Water, Sewer, and Electric Funds.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER DUFF and motion carried to purchase 25 -3 x 5 nylon flags @ $9.00 each and 2 - 5 x 8 nylon flags @ $18.00 each from Jim Renacci's office from the General Fund.  The vote: All yes.

 

COUNCIL MEMBER DUFF MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to purchase the plastic lumber for the park benches at a cost of $1363.00 from the Parks & Grounds Fund.  The vote: All yes. 

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to have a letter of support drawn up for their grant that the ICAN organization of StarkCounty may use for a proposed Senior Housing project on E. Main Street.  The vote: All yes.

 

COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to have Village Hall doors open during trick-or-treat for Council Members to pass out donuts and cider to trick or treaters with a maximum cost of $500.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to hold an Economic Development meeting on October 15th at 6pm.  The vote: All yes.

 

COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to have an Employee Committee meeting on October 1st at 6pm.  The vote: All yes.

 

COUNCIL MEMBER HUFF MOVED, SECONDED BY COUNCIL MEMBER DUFF and motion carried to appoint Council Member Godwin to the Economic Development Committee.  The vote: All yes.

 

COUNCIL MEMBER HUFF MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to adjourn the meeting at 9:05pm.

 

 

 

Respectfully submitted,

 

 

 ____________________________________

K. Kris King, Village Clerk-Treasurer

 

 

 ___________________________________

Mike Schwab, Mayor

 

 

 

 

Arts on the Boulevard - Sat., Sept. 29th - 12 to 4pm on the Boulevard

 

Village Fire Department Fall Fest - Sat., Sept. 29th - 4pm to 12am

 

Village Hall Flu Clinic - October 23rd - 10-11am - $25.00 for Residents