October 20, 2014 - Meeting Minutes
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
Dale Fox, Council Member
Dave Godwin, Council Member
Chuck Hawk, Council Member
Tom Hilliard, Council Member
Paul Mackey, Council Member
Steven Tharp, Jr., Council Member
VILLAGE OFFICIALS PRESENT:
Al McCallin, Village Solicitor
Rob Pauley, Village Administrator
K. Kris King, Clerk-Treasurer
EMPLOYEES:
Harry Porter, Police Chief
Keith Creter, Police Captain
Rick Patterson, Fire Chief
Mark Murdocco, Fire Captain
MINUTES FROM THE OCTOBER 6, 2014 REGULAR COUNCIL MEETING:
Mayor Mike Schwab asked if there were any additions or deletions to the October 6, 2014 Council meeting minutes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to accept the minutes as presented. The vote: All yes.
PRESENTATION OF BILLS:
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to accept the bills for the amount of $ 375,161.42. The vote: Tharp, no; Fox, yes; Godwin, yes; Hawk, yes; Hilliard, yes; Mackey, yes.
Council Member Hilliard questioned why the village could not have just picked up the trash at 525 N. Wabash Ave., he wanted to know if the dumpster from the fall cleanup was at the Street Department. He wants to reinstate the curb side pickup. VA Pauley stated the trash was put out well after the fall cleanup and the residents were well aware of it.
AUDIENCE:
Council Rules: Members of the audience shall rise to be recognized, state their name and address, ask their questions or make their comments in a direct manner, and receive their answer in a like manner. Members of the audience shall only speak at audience time, and shall be ruled out of order if they attempt to join in Council’s discussions. Courtesy shall prevail at all times.
Herb Rearick, 220 Cleveland Ave SE, owns a rental property at 216 Superior St. NE and wants to know why the electric utility bills are so high. He is requesting the electric meter be changed.
Peg McCune, 216 Superior St. NE, stated her bills over five months vary as follows: $140 - $79 - $44 - $60 - $90. She works six days a week and is only home for about 4 hours a day for 5 days a week and turns off her breakers when she is not there. VA Pauley stated that her loads could be checked and he will call Mr. Rearick to set up a time to do the meter changeout.
Others in attendance: Cindy Mackey, John Barkan, and Amanda Cameron.
PRESENTATION OF GUESTS:
None
CONSIDERATION OF ORDINANCES:
RESOLUTION 41-2014: A Resolution authorizing amending & appropriating $ 4,700,000 to the Sewer Fund was given third reading.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to pass Resolution 41-2014 as read. The vote: All yes.
ORDINANCE 42-2014: An ordinance authorizing corrections to Ordinance 21-2014 which Modified Sewer Rates & Charges was given third reading.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to pass Ordinance 42-2014 as read. The vote: All yes.
Second Reading: A resolution authorizing a 2015 contract for Attorney Chapanar as Village Prosecutor.
Second Reading: A resolution authorizing a two year contract with Attorney McCallin as Village Solicitor.
Second Reading: A resolution authorizing the creation of a Sidewalk Improvement Fund with a $1500 quarterly transfer.
Second Reading: An ordinance authorizing the Repeal of a Fifteen Minute Parking Restriction on S. Wabash.
First Reading: An ordinance authorizing the modification to the Village Clerk-Treasurer salary.
MUNICIPAL DEPARTMENTS:
Fire Department: Fire Chief Rick Patterson
Chief’s Letter from 10/06 concerning expenses for work on Fire Department pumpers and the safety check and servicing of fire apparatus has been referred to the VA/Purchasing Agent.
Captain Jen Mohler has been keeping Village safety personnel (Fire & Police Department) apprised of Ebola updates and the protocol required to handle patients or others that may be exhibiting symptoms.
Captain Murdocco has taken over the vehicle and equipment maintenance.
Chief Patterson will be meeting with John Barkan concerning the issues at the Fire Department this Thursday.
Mayor Schwab presented the following letter to Council:
In recent weeks there has been much said about some issues in the Village Volunteer Fire Department. During that time I have met with Chief Patterson just about every other day, the five Captains as a group on two occasions, the Captains individually , some several times, I met with a former Fire Chief to touch bases, and on one occasion, with some of the members of the Department. And in an effort to get their input, I’ve also talked with the VA and will meet with our HR consultant this week. I’ve also provided Council with information concerning the process of addressing the issues as well as copies of the FD’s Standard Operating Guidelines that were adopted by the FD in 2007. If I may, I would request several minutes of your time to speak about where we are.
ORC Section 737.22 states that a Fire Chief is appointed by the Mayor with the advice and consent of the legislative authority, Council. ORC Section 733.35 states “The mayor of a municipal corporation shall have general supervision over each department and the officers provided for in the Revised Code. When the mayor has reason to believe that the head of a department or such officer has been guilty, in the performance of his official duty, of bribery, misfeasance, malfeasance, nonfeasance, misconduct in office, gross neglect of duty, gross immorality, or habitual drunkenness, he shall immediately file with the legislative authority written charges against such person, setting forth in detail a statement of such alleged guilt”.
ORC Section 733.36 states that if the Mayor levies charges Council shall schedule a hearing at which testimony may be heard, and it takes a two thirds vote to remove the Officer. As detailed in the ORC, this is not an easy task, or should it be.
It is my opinion that we are nowhere near what is required to levy any type of disciplinary action on Chief Patterson. It is also my opinion that the issues recently specified can be remedied through a concerted effort by Chief Patterson, the Fire Captains, and the members of the Fire Department. It is my belief, that this can only be accomplished by a cooperative application of the SOGs as well as the application of common sense.
I want to touch on Chief Patterson’s credentials. He has over 30 years as a member of the Fire Department, and in that time he has risen through the ranks until he was appointed Chief by Mayor Fox. Over those years the Chief has been involved in countless responses to area fires that saved property and lives. Chief Patterson has also participated in many responses to accidents and EMS incidents that saved lives. In each of these fire and accident responses as well as the many EMS runs, Chief Patterson has gained invaluable knowledge and experience that puts him in an enviable position to serve the Brewster community. He has been, and is an asset to our community and I pray that he continues to be for many years to come. He easily deserves our respect and admiration.
Again, in my opinion only through a cooperative effort by all, all together, will the issues recently identified be remedied. The same holds true for any problems that may arise in the future. I ask that Council join with me in requesting that all members of the Brewster Fire Department put their differences aside and that all, Officers and members alike, make a concerted effort to take the measures required to provide remedies, now and in the future.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to draw up a resolution of support for Chief Patterson. The vote: All yes.
Police Department: Chief Harry Porter
The 2015 Ford Explorer Police Interceptor is currently having the $ 7,095 in equipment installed.
Chief Porter reported that Officer Truman has been taking security and ALICE training and is working very hard on preparing the students, staff, and community for an emergency. Chief Porter recommended that the members of Council attend one of his training sessions he presents at the school.
The department has been busy with qualifying, ERT training, and taser training.
Captain Creter reported on an OCJS grant for an in-car camera. The grant required a 10% match from the Village. The cost of the camera was $5,192.80.
Captain Creter stated they were interested in keeping the fourth vehicle that was being replaced by the new cruiser. They want to use it to drive to training, directing traffic, and as a backup vehicle.
VILLAGE SOLICITOR: Attorney Al McCallin
Attorney McCallin, Attorney Beck, and Mayor Schwab attended mediation for Walker case on Monday, October 20th at 12:30 pm.
COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to go into Executive Session to meet with legal counsel to discuss disputes involving the Village that are subject to pending or imminent court action at 7:26pm. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to exit executive session at 7:43pm. The vote: All yes. No action was taken.
COMMUNICATIONS:
For Council review on the Council Chamber's credenza from AMP-Partners: Participants Information for – General Membership, RHGS, JV1, JV2, JV5, MESA, AMPGS, AFEC, & Hydro Phase 1.
Stark County Health Department – Ebola Facts & Preparation Information; Health department had a staff member drop off the info personally (Council provided with a copy).
Council Member Tharp stated Senator Frank LaRose will be scheduling a time to visit the Village to discuss the Municipal Income Tax Bill.
VILLAGE ADMINISTRATOR:VA Robert Pauley
Administrator’s report for period 09/13/2014 thru 10/03/2014:
- Curbside leaf pickup beginning the week of October 20th and will run thru November 20th (weather & leaves permitting). Residents are urged to rake leaves to the treelawn, not into the gutter or ditches.
- Hydrant flushing to begin week of October 20th. Any reports of discoloration/turbidity should be referred to the Water Department or Municipal Services office.
- Amherst St. paving project – milling/repairs/paving to begin week of 10/20/2014 (weather permitting).
- Levco Striping accomplished striping of centerline & school zone.
- Representative from GPD will be at the 10/20/2014 Utility Committee to brief council on FirstEnergy 69 kV line project and discussion of forced outage(s) associated with switchover to FirstEnergy’s Harmon Substation.
- Sweetwater pump station project, next progress meeting scheduled for November 20th.
- Attended Ohio Municipal League (OML) conference October 8th & 9th, with sessions focusing on playground safety & risk reduction, code enforcement & alternatives, and landuse/planning/zoning updates.
- I will be attending the AMP Annual Conference in Columbus from October 27th thru October 30th. Session focus on each of the projects the village is a participant in (JV5, JV2, JV1, AFEC, HYDRO Phase 1, AMPGS and R H Gorsuch Station) as well as regulatory updates.
Council Member Hilliard stated the gutters in his neighborhood are full of washed gravel, there have been orange cone in the road going on two years and there are weeds two foot high.
VILLAGE MAYOR: Mike Schwab
Council Letter of Appreciation to Fairless School officials and employees.
Council letter of Appreciation to Brewster Federal Credit Union officials and employees.
Council Letter of Appreciation to the Brewster Friends Church (corrected version).
Council Letter of Appreciation to Murdocco Services LLC for their donation to FD OctoberFest.
Clerk, Councilman Mackey, & Mayor attended RCAP Utility Management training on 10/14 in New Philadelphia; we will be providing info from this to Council in the coming days.
Since the 10/06 Council meeting Council was provided with a packet from Mayor concerning Fire Department measures taken to date.
October 2014 Village Contact List; latest update subject to change & correction.
VILLAGE CLERK-TREASURER: Kris King
Check register for tonight's meeting provided for Council's signatures.
Ohio Insurance Services will be here on Wednesday, October 22, 2014 at noon to go over the new health insurance with the employees.
Aultworks Occupational Works will be here on October 27, 2014 for Flu Shots from 10:30 until 11:30 a.m.
Employees are invited to enjoy a free lunch and a 10 minute massage compliments of Massillon Chiropractic on Tuesday, October 28, 2014 in the VFD meeting room. Council Members are invited.
Trick or Treat is October 30th from 6 until 7:30 with a November 1st rain date. Halloween costume judging will follow in front of the Fire Station.
The Village credit card had been compromised. The charges have been reversed and a new card has been issued.
Council Member Tharp asked when the figures for next years budget and five year forecast we be coming out. These items will be coming forth in the near future.
VILLAGE SPEAKS: Communications from Village residents
Council Member Godwin had a couple of residents ask why Brewster doesn't follow Stark County's Trick-or-Treat schedule. He stated Brewster, Beach City, and Navarre were the only communities that followed a different schedule.
Council Member Hawk questioned why Tim Stith was trimming trees. Someone reported that they were concerned with safety and training. VA Pauley reported Stith was working with Doc Mariol and was using the proper safety equipment.
Clerk King stated she had a resident that stated he was impressed that Council still opened their meetings with a prayer and pledge to the flag.
COMMITTEES or COUNCIL REPORTS:
*NOTE: The Goal of any committee meeting is to discuss an issue or proposal and to provide, by a consensus of the committee members, ONE recommendation to Council.
October 6, 2014 Finance Committee minutes from Chair Tom Hilliard.
Council Member Hilliard reported on the Finance Committee meeting this evening at 6:30 p.m. – Review of first three quarters of 2014. Clerk King reviewed each fund.
Council Member Fox reported on the Utility Committee meeting this evening at 6:00 p.m. - A required April Electric Outage and change over to the Harmon Substation were discussed. Dwight Neiderkofler from GPD and Glenn Mitchell from First Energy were also in attendance.
REMINDER: Parks and Grounds Work Session - 12/01/14 at 6:00pm
Economic Development Work Session - 12/01/14 at 6:30pm
EXPENDITURE REQUESTS from past Meetings:
None.
PROPOSALS PENDING:
From Mayor: Creation of a Fund for future Sidewalk Repair/Replacement Fund and formulation of a protocol for use of such funds.
OLD or NEW BUSINESS:(Council Rules dictate a one meeting review period for expenditures, unless deemed an emergency)
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to give the Police Department permission to participate in the OCJS Grant for the in-car camera with the Village's obligation of $519.82 coming from the Police Car and Equipment Fund. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to adjourn the meeting at 8:00 pm. The vote: All yes.
Respectfully submitted,
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K. Kris King, Village Clerk-Treasurer
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Mike Schwab, Mayor