June 18, 2012 - Meeting Minutes

MINUTES

BREWSTER VILLAGE COUNCIL

JUNE 18, 2012

7:00 P.M.

 

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

 

7:05 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:

Steve Hartman, Village Administrator

K. Kris King, Clerk-Treasurer

Al McCallin, Solicitor

 

MINUTES FROM THE JUNE 4, 2012 REGULAR COUNCIL MEETING:

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

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER BICHSEL 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 $ 359,750.23.  The vote: All yes.

 

Council Member Huff asked about the property appraisal.  VA Hartman stated it was for our liability insurance.

 

AUDIENCE TIME:

Ray Heitger, 317 East Seventh St, wanted to discuss the smell from the dairy.  This is like a two-way street.  The Village wants the levy passed and the residents want the smell taken care of.  The smell gets worse after the offices close and on the weekends when residents can't call the Dairy.  VA Hartman called the EPA and they were sending someone out.  Mr. Heitger would like to see something done.  He stated the Mayor and Council should help the people.  Council Member Tharp stated he spoke to the Vice-President of the Dairy and Jim Barnhart filled him in on the first issue.  Then he spoke to Jim Barnhart on the second.  Tharp stated the help needs to come from the VA and once the EPA is called it is a completely obnoxious process for the Dairy and Shearers.  They have to take resources away from the problem to deal with EPA representatives.  He stated Lonnie Via and Jim Barnhart have been very helpful.  VA stated he has tried to call, he has left messages and doesn't get his calls returned.  He has Mr. Barnhart's cell phone number and he will answer it any time of day.  He feels that we are too happy to call the EPA, businesses are required to self-report.  We are skipping a process.  Council Member Duff asked if they are telling him the truth.  Council Member Tharp asked Duff what the problem was the first time.  Duff replied that it was a valve problem.  Tharp said that was incorrect.  Council Member Bichsel asked so what was the problem.  She had been told it was a valve also.  VA Hartman stated a groundhog ate through the wires to the transformer that fed the aerator.  Council Member Bichsel asked what the second issue was.  Council Member Tharp stated it was a different problem but didn't know what it was.  Mayor Schwab asked Tharp what was wrong with calling the EPA.  Council Member Tharp said to ask a business guy what his job is - putting out product.  Mayor Schwab stated that communication goes two ways.  Council Member Godwin stated at 3:29pm last weekend he had a baseball game and tons of people were complaining.  If someone comes to look at a house in Brewster and it smells like this, they aren't going to buy.  Council Member Bichsel doesn't think they know what the issue is.  Council Member Huff stated that the Dairy should have a license to operate.  Mayor Schwab stated that they do.  WWTP Superintendent Maybaugh has spoken to the Dairy.  Huff stated he thinks the reason it smells is the Dairy's lack of doing something to alleviate the problem.  Council should get very forceful about this thing.  Council Member Tharp offered to call Jim Barnhart right now.  Council Member Duff thinks it should be the VA and Mayor that communicates with them.  Council Member Bichsel asked if the VA cannot get an answer, why are they talking to you (Tharp).  Council Member Tharp stated he walked down to the Dairy and went in and asked for them.  He stated what would it take, two minutes, for VA Hartman to walk down the street.  How many calls does he ignore when he sees the phone number?  Council Member Duff asked what our local businesses would think if every Council Member would go into their business and want to talk.  Council Member Huff said anyone can go into a business and ask to meet with them.  He thinks it is a good idea.  Council Member Duff stated all it takes is two words to get mixed up and you have an issue.   Council Member Hilliard asked VA Hartman if he received a lot of complaints about the smell.  He said it has been bad for a couple of months and he has had at least six complaints.  VA Hartman stated he received calls this morning.  Hilliard told Tharp to give Hartman the cell phone number.  Several audience members also wanted the number.  Council Member Bichsel had nine complaints over the weekend.  She stated she could smell it on the north side.  Council Member Duff asked the Mayor to have Supt Maybaugh to look into it.  Mayor Schwab stated it would be better if Hartman instructed Maybaugh.  Mayor Schwab asked Council Member Tharp to give the cell phone number to VA Hartman.

 

Nick Pumneo, East Seventh St, stated this situation keeps coming up over and over again.  Mayor Schwab stated the Village has no authority over the situation.  We can't force them to do anything.  The EPA has to do it.  VA Hartman stated the EPA coming down is not a threat.  They come down to help them alleviate the problem.  If they don't do what they are instructed, it can become an issue though.  Mr. Heitger stated the problems happen at the same time every year.  He thinks they just don't care.

 

Todd Byer, 11962 Navarre Rd, had received a letter about changing Navarre Rd to Fairless Way.  He is opposed to it.  He is not sure what the advantage would be.  When they agreed to the annexation, they were assured that there would be no changes.  He stated it would cost him time and money to change everything..license..checks..etc.

 

Beverly Moser, Navarre Rd.,  stated that only a quarter of a mile would be changed and it would only be one side of the road.  She does not think it is a great idea.  Mayor Schwab stated it was his idea and wanted to see how everyone would feel about it.  Ms. Moser said the Board of Education told her the address would not be changing.

 

The following residents were also present: Robert & Joann Brown, Paul and Cindy Mackey, Ray and LaVonne Heitger, Beverly Moser, Todd Byer, Nick Pumneo, Dale Fox, and Linda Taylor.

 

CONSIDERATION OF ORDINANCES:

ORDINANCE 15-2012: An Ordinance disapproving the rezoning of Lots 596 & 597 from R-3 to I-1 was given third reading.

 

COUNCIL MEMBER HUFF MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to pass the Ordinance 15-2012 as read.  The vote: All yes.

 

ORDINANCE 16-2012: An Ordinance establishing fees, setting conditions, and outlining procedures for use of VillagePark facilities was given third reading.

 

COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to pass Ordinance 16-2012 as read.  The vote: All yes.

 

An Ordinance adjusting the Village Fire Department Ambulance fees was given second reading.

 

An Ordinance to change the name of the Ambulance and Equipment Fund to the Emergency Medical Services (EMS) Fund was given first reading.

 

An Ordinance modifying Ordinance 62-2005 to expand the Paramedic Program to include 12 hours each on Saturday and Sunday: and to expand the full time paramedic hours to 40 hours per week was given first reading.

 

MUNICIPAL DEPARTMENTS:

Fire Department: Chief Rick Patterson

Capt. Jen Mohler provided a weekend ambulance call list for Jan 1, 2011 - May 31, 2012: 189 calls; shows 7am - 7pm with 123 calls and 9am - 9pm with 124 as busiest; to be consistent leaning toward 7am - 7pm; for 15 holidays for same time period, mutual aid was only needed once.

 

Police Department: Chief Harry Porter

Over the weekend, PD assisted Lawrence Township PD with their OVI sweep; the Village will be reimbursed for costs.

 

Chief and Mayor and other area officials will meet with Prosecutor Chapanar on Wednesday.

 

Staley's Technology will be making modifications for the cruisers and 12 PD radios for the narrow banding of the REDCenter's SouthTower.  Chief Porter has arranged the modifications in readiness for the August 14th implementation.  The cost will be around $ 212.  Council Member Godwin stated the railroad is doing the exact same thing.  They are doing this to eliminate interference with other radio communications.

 

SOLICITOR: Attorney Al McCallin

Solicitor McCallin replied to a question from the last meeting pertaining to putting the Street Improvement Levy on the May ballot.  He stated income tax issues can go on the primary ballot.

 

COMMUNICATIONS:

Ohio Municipal League Bulletin: Some Ohio Legislative Committees will meet during the summer recess; Uniform Tax proposal will be one; Gov. Kasich through his "Beyond Boundaries" proposal will push for collaboration efforts between government entities: municipalities, townships, and school districts.

 

VILLAGE ADMINISTRATOR: Steve Hartman

Water:

Mohican line replacement is complete.  The pavement was less than two inches thick.

 

Street:

Catch basin replacements have begun on Mohican.

 

Leveling off past dump sites.

 

Electric:

The Village will receive $ 350 rebate for the park lighting from Efficiency Smart for the $ 7,000 project.  Talking to them also for rebates on lighting the parking area at Shearer's.

 

Provided Council with a letter concerning personal protective equipment for the lineman.

 

Village:

Police cruiser bids:                  Sulli Motors                Ambridge, PA             $ 329.00

                                                Brandon Nelson          Local                           $ 200.00

Council Member Duff stated he could scrap for $ 350.

 

MAYOR’S REPORT:

Inquiry letters sent to affected Navarre Road SW residents Christopher Byer, Todd & Carmen Byer, and Beverly Moser concerning proposed "Fairless Way" proposal; Oppose name change.

 

Village Hall Five Year Plan being reviewed by Village Hall offices; should be ready for July 2nd meeting.

 

From Jacqueline Musacchia: Arts on the Boulevard Festival will be on the afternoon of Saturday, September 29th.  Village will close the boulevard to traffic.  Clerk King has volunteered to help and Council Member Godwin volunteered his wife.

 

VILLAGE CLERK-TREASURER’S REPORT:

Finance 101-  How to create a new fund.

 

Attended the Ohio Association of Public Treasurers Maintenance Program last week to fulfill ORC requirement of at least 6 hours of training annually.

  

Working on separating to EMS Funds from Ambulance Replacement and Fire Equipment monies.

 

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

             

"VILLAGE SPEAKS":

Mayor Schwab: via email: Opposition to "Fairless Way" proposal from Carmen Byer of Navarre   Road SW.

 

Council Member Hilliard: Several complaints about the dairy smell and one concerning a campfire.

 

Council Member Huff: Some of the flags are damaged.  He would like them replaced by July 4th.

 

COMMITTEE OR COUNCIL REPORTS:

Economic Development Committee: June 18th @ 6pm: Discussed signage at entrances of town to include the names of the businesses and creating a business association.

 

Safety Committee Meeting: June 18th @ 6:30pm: Discussed AMP equipment audit on the electric dept.  Recommending a $250 shoe allowance every two years and having water and ice on all vehicles.

 

Council of the Whole meeting: June 4th @ 6:30: discussed the Street Improvement Levy.             Council Member Bichsel recommended holding off until next year.

 

            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.

           

EXPENDITURE REQUESTS from past Meetings:

From the Clerk:   Quotes Carpet & Window Cleaning:        

                                    VH carpets      Police Floor/Windows            VH Chairs

            Shoups:           $ 221.00          $ 332.00 (estimate)                 $ 84.00

            Floorcare:        $ 262.00          $ 492.00

 

Quote for replacing Village Hall's green exterior door: Diversified Glass and Mirror = $2,450/door.

 

PENDING PROPOSALS from past meetings:

Citizen's petition: Improvement of Williams   Street - A paper street west of Dartmouth Ave.

            (Street Committee meeting scheduled for July 16th at 6:30pm).

 

From the Mayor: That the Village weed cutting policy (Section 93.4 of Village Basic Code) be modified to include language that provides that one notice is required for each lot in violation in a calendar year. (Council of the Whole Committee meeting scheduled at 6:30pm on July 2nd).

 

 

OLD/NEW BUSINESS:

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to draw up an resolution for the creation of an Ambulance Replacement Fund.  The vote:  All yes.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to purchase safety shoes per OSHA Regulation CFR 1910.132 up to $250 paid by the Village and a policy created and tracked by Village Administrator.  The vote: All yes.

 

COUNCIL MEMBER HUFF MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to accept the bid from Sulli Motors for the police cruiser of $ 329. Council Member Duff thought it should be rebid.  The cost of the ad was discussed. The vote: All yes. 

 

COUNCIL MEMBER DUFF MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to replace the wood on the benches at WittingPark with plastic.  The vote: All yes.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HUFF and motion carried to replace the front doors on Village Hall at a cost of $ 4,900 from the General Fund.  The vote: All yes.

 

Council Member Huff asked Solicitor McCallin for clarification on the liability insurance for the Village.  Solicitor McCallin stated a contract cannot extend beyond the term of the Council Members.  There are Council Members elected every two years (4 for 4 year terms then 2 years later the other 2 for 4 year terms).  So he feels a three year ordinance is inappropriate.  Insurance quotes also change with every acquisition or disposal of equipment.  Solicitor McCallin stated it did not need put out for bid because it is under $50,000 per year.  Mayor Schwab then asked if it could be passed by motion.  Solicitor McCallin stated a motion was fine.

 

Council Member Hilliard had questions for VA Hartman.  He wanted to know if the courts had been taken care of?  VA Hartman stated that VASCO had finished the project but he was going to call them to fix the spots where the movable pieces of equipment were sitting.  Hilliard asked if there was a timetable on the park lights.  VA Hartman stated the parts were on order.  Hilliard then asked about the electric garage.  VA Hartman stated the contract is supposed to be picked  up tomorrow.  Hilliard asked if the bid for the electric work on the fire station was the only bid received because he would like to see more than one.  He then reminded everyone of the Neighborhood Watch meeting on Monday, June 25th at 6pm.

 

 

COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER HUFF and motion carried to adjourn the meeting at 8:13pm.  

 

Respectfully submitted,

 

 

 ____________________________________

K. Kris King, Village Clerk-Treasurer

 

 

___________________________________

Mike Schwab, Mayor

 

 

"Man is Born to live, not to prepare for life." -Boris Pasternak

 

“Not to be absolutely certain is, I think, one of the essential things in rationality." -Bertrand Russell