February 20, 2012 - Meeting Minutes
MINUTES
BREWSTER VILLAGE COUNCIL
FEBRARY 20, 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 David Godwin, Council Member Thomas Hilliard, Council Member Jay Huff, Council Member Steven Tharp, Jr., Council Member
VILLAGE OFFICIALS PRESENT: K. Kris King, Clerk-Treasurer Al McCallin, Solicitor Rick Patterson, Fire Chief & Street Superintendent Denise Rossiter, Police Sergeant
MINUTES FROM THE FEBRUARY 6, 2012 REGULAR COUNCIL MEETING: Mayor Mike Schwab asked if there were any additions or deletions to the February 6, 2012 Council meeting minutes. There were none.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HUFF and motion carried to accept the minutes. The vote: All yes.
PRESENTATION OF BILLS: COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER HILLIARD to accept the bills for the amount of $ 291,379.85. The vote: All yes.
AUDIENCE TIME: The following residents were present: Ray Heitger, LaVonne Heitger, Linda Taylor, Paul Mackey, Cindy Mackey, Kris Wilson, and George Patterson was also present.
Mayor Schwab presented previous Council Member George Patterson with a plaque of a Resolution of Appreciation.
CONSIDERATION OF ORDINANCES: ORDINANCE #06-2012: An Ordinance approving, adopting, and enacting American Legal Publishing's Ohio Basic Code, 2012 Edition as the Village's Code of Ordinances was given third reading.
COUNCIL MEMBER DUFF MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to pass Ordinance #06-2012 as presented. The vote: All yes.
ORDINANCE #07-2012: An Ordinance establishing permanent appropriations was given third reading.
COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to pass Ordinance #07-2012 as presented. The vote: All yes.
MUNICIPAL DEPARTMENTS: Fire Department: Chief Rick Patterson Chief Patterson informed Disaster Coordinator Dave Duff that the disaster plan meeting scheduled in February was canceled and would be rescheduled in March.
The brakes on the 2003 Horton Ambulance had to be replaced at a cost of $1,500 from Dover Brake.
Police Department: Mark's Signs is preparing decals for the 2012 Ford Cruiser; no cost received from Mark to date.
Once the new cruiser is road ready we will need to advertise for bids for the 2003 Ford Cruiser.
Sergeant Rossiter requested to encumber $50 for a DARE Class on July 27th in Richville. It is a totally new program and she has to attend the class in order to teach. Council Member Hilliard asked if the Mayor could take care of this.
Council Member Hilliard asked why the new cruiser isn't on the road. Mayor Schwab stated they are just waiting on Mark's Signs to put the decals on.
Council Member Duff asked what was wrong with the oldest cruiser that it couldn't be on the road now. Mayor Schwab stated it had the equipment removed to be put in the new cruiser.
SOLICITOR:
Solicitor McCallin provided an opinion on whether the Village is responsible for the land taxes for the American Legion. He stated the Legion is responsible. The Legion has a 100 year lease for a dollar. Council Member Tharp asked if we pay it as a donation would we be held responsible for future payments. Solicitor McCallin stated it would depend on how it was handled.
Solicitor McCallin provided an opinion on the Walker property special assessment. It was done properly but the Village may wish to waive interest and penalties due to the timing of the assessment and the Counties billing of the assessment. Council Member Tharp wanted to know if it would take an Ordinance to waive the interest and penalties. Solicitor McCallin stated it would only require a motion.
COMMUNICATIONS:
Ohio Municipal League(OML) Legislative Bulletin: Advises that there may be changes to the State annexation laws not favorable to Municipalities; OML is currently presenting arguments before House Local Government Committee.
OML Legislative Bulletin: State Public Notice Website (PublicNotice.Ohio.gov) free Bid notice; Federal State $25 billion settlement with five mortgage services brings $335 million to Ohio, more info at www.nationalmortgagesettlement.com.
Stark Regional Planning Commission: Federal House of Representatives has proposed a 62% reduction in Community Development Block Grant funding; budget measure now before Senate; to be eligible projects must benefit low to moderate income residents. NOTE: Village has no CDBG projects pending; one of the tougher Grant programs.
Brewster Parke: Invitation to Dolley Madison House on February 28th at 6pm-9pm: RSVP by 02/24/12.
VILLAGE ADMINISTRATOR: Steve Hartman - Absent
Street Department:
Working on a Five-year plan for projects and major purchases. Mayor Schwab, Supt. Patterson, and VA Hartman met last week to review the departments proposed needs. A preliminary sample of inventory was provided to Council.
Sewer:
The Village is on the DEFA funding list. Clerk King and VA Hartman sat in on a conference call with the Ohio EPA and Scott Ankrom to go over their program requirements and expectations.
Electric:
VA Hartman is requesting a Utility Committee meeting to make a decision on an intermediate power source for 2014, 2015, & 2016.
The garage bids will be opened on March 16th at noon.
Village:
Residents at 161 Fourth St SE have requested to have their street tree removed. Tree Board Chairman George Patterson does not recommend removing the tree, it is a healthy tree and is not affecting the sidewalks.
The audit seems to be progressing smoothly.
There are two contractors going to provide preliminary numbers for curbing N. Wabash from Harmon to Elton.
Tree City USA application has been filed.
Council Member Hilliard asked if the slide for the park has been ordered. Clerk King replied that it has already been installed.
Mayor Schwab stated Mike from Efficiency Smart will be in on July 28th with free energy kits to assist residents.
MAYOR’S REPORT:
Five Year/Ten Year Plans: VA and Mayor met with Supt. Patterson concerning Fire and Street Departments and Parks and Grounds; Still collecting data from Village documents: Target date of April 1st, 2012.
FormFire online applications completed; suggest that Council make them available for several insurance agents' review.
VA Hartman has a resident on Dartmouth that has had numerous violation letters; the resident may also be operating an auto repair business from his residence; Mayor has asked VA Hartman to involve the Village Prosecutor; Prosecutor Chapanar advises he will follow up.
Email from Mayor to Council advised that the $5,000 State grant to PD was actually $5,200 with the State providing $4,680 and the Village $520, and that the funds must be spent on an in-car camera rather than two radar units.
Letters of congratulations to Jordan Asplin, Valorie Daniels, and Keith Kinnerson for achieving Kent State Dean's List ready for Council's signatures.
Request that Council appoint Councilman Jay Huff to the Tree Board and the Mayor to the Economic Development Committee.
VILLAGE CLERK-TREASURER’S REPORT:
Boy Scouts are concerned that they will not earn money from the aluminum cans for their camp since the recycling receptacles are outside the fence, they are afraid the cans will be stolen. They are available at the recycling center the 2nd and 4th Saturday of every month from 10am until 1pm to assist residents in unloading and sorting.
Clerk King has been working with Solicitor McCallin and Stark County on the Walker's special assessment. The County stated the Village would have to cut the Walkers a check for the late fees if Council chooses to reimburse them.
Clerk King gave a report on the State Audit.
"Village Finance 101" - the topic was the Street CM&R and State Highway Funds. Where the revenues come from and how the funds are expended.
Sergeant Rossiter dropped off liability releases for background checks for residents interested in participating in the Neighborhood Watch Program. They are available in the Clerk's Office.
Clerk is going to fill out forms to try and get the land the American Legion building sets on tax exempt.
Clerk requested Council Member Tharp's employer and starting date for the State Auditors.
Council Member Hilliard questioned setting up reserve funds.
COMMITTEE OR COUNCIL REPORTS:
Council Member Duff reported on a Parks & Grounds Committee work session on February 13th- they discussed what should be spent at the Easter Egg Hunt, discussed a new building to house events, building a permanent stage, lighting of the park, getting new equipment in the concession.
Council Member Tharp reported on the Utility Committee work session from February 10th - Immediate power supply for 2014, 2015, and 2016 were discussed. Efficiency Smart Program, Water Automation, Infra-Structure of levy, Substation hook-up to Shearers, and rate study were also discussed.
Chairman Patterson reported on the Tree Board work session on February 15th - they discussed review of 2012 plans, update Tree Ordinance, update Street Tree list. Davey Tree is coming in at the end of March/beginning of April. Council Member Duff asked if residents were asked what kind of tree they preferred. Chairman Patterson stated they were along with other specifications according to the location the tree is being planted.
Council Member Bichsel reported on the Finance Committee work sessions on February 20th - the first meeting earmarked Capital Project Funds for park improvements and curbing from Harmon to Elton. In the second meeting, the clerk explained the Appropriation Ordinance.
EXPENDITURE REQUESTS FROM PAST MEETINGS:
From P & G employee Tim Stith request for funds to purchase flowers for the Memorial Boulevard, Village Hall, & Planters = $1,300.
From the Mayor: Light-up the Park Project = approximately $1,600 for four poles and four fixtures in a line down middle of Bimiler Park.
OLD/NEW BUSINESS:
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to have an ordinance drawn up for our 2014, 2015, and 2016 intermediate power needs. The vote: All yes.
COUNCIL MEMBER HUFF MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to hold an Insurance Committee meeting on March 19, 2012 at 6pm. The vote: All yes.
COUNCIL MEMBER THARP MOVED to waive the interest and penalty for the Walker special assessment, motion was rescinded until more information is gathered.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to hold a Street/Sidewalk Committee meeting on March 6, 2012 at 6:30pm. The vote: All yes.
COUNCIL MEMBER HUFF MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to suspend the rule requiring one meeting review period for expenditures and permit $50 to be encumbered for Sergeant Rossiter's DARE training. The vote: All yes.
COUNCIL MEMBER HUFF MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to suspend the rule requiring one meeting review period for expenditures and have the brakes on the 2003 Horton Ambulance replaced at a cost of $1,600. The vote: All yes.
COUNCIL MEMBER DUFF MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to encumber $1,300 for flowers for the Memorial Boulevard, Village Hall, and Planters. The vote: All yes.
COUNCIL MEMBER HUFF MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to have all members of Council go through background checks. The vote: All yes.
Council Member Duff brought up the lighting in the park. He would like all of Council to be involved. Council Member Huff has reservations, maybe have indirect lighting. Council Member Hilliard would also like to involve VA Hartman and Supt. George Radich. Council Member Duff stated it could be discussed at a later time. Council Member Bichsel said it would be nice in the spring when it starts getting dark as the youth activities are finishing up. Council Member Godwin thinks the lines should be buried.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to appoint Council Member Huff to the Tree Board and Mayor Schwab to the Economic Development Committee. The vote: Huff, abstain; Tharp, yes; Bichsel, yes; Duff, yes; Godwin, yes; Hilliard, yes.
COUNCIL MEMBER HUFF MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to amend the amount approved for the Police Department grant match from $500 to $520. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to have VA get prices for a rate study after Council Member Bichsel had explained the process. The vote: All yes.
COUNCIL MEMBER HUFF MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to accept Tree Board Chairman Patterson's recommendation of not removing the tree at 161Fourth Street SE. The vote: All yes. Council Member Godwin asked why the resident wanted it removed. Council Member Huff stated no reason was given.
Council Member Huff reminded Council that the appraisal agreement for $725 was coming due and that he and the VA would going over it and mailing it by April 1st.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HUFF and motion carried to donate $100 to the Community Choir. Duff stated that if we give to one church choir then we have to give to all of them. Council Member Huff stated this donation is only a courtesy. Council Member Tharp stated that this is an incorrect characterization. He stated they have a 501(C)3. He is affiliated with it. He will abstain from voting. They are working with the Fairless Clergy Association and other organizations. They donate to organizations like the food cupboard and other community help organizations. His members are also members of the community. Council Member Duff asked why should taxpayers money be given for this. Council Member Huff asked how this would reflect on the Village. Solicitor McCallin stated the general rule is that any donation has to be for a public purpose. Council Member Tharp stated the Village would be listed as a sponsor for their meetings. The vote: Huff, yes; Tharp, abstain; Bichsel, yes; Duff, no; Godwin, yes; Hilliard, yes.
COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to adjourn the meeting at 8:02pm.
Respectfully submitted,
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K. Kris King, CMC, Village Clerk-Treasurer
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Mike Schwab, Mayor
"Information is the currency of democracy." -Thomas Jefferson
"We do not inherit the earth from our ancestors, we borrow it from our children."
~ Native American Proverb