September 2, 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
David Godwin, Council Member
Tom Hilliard, Council Member
Paul Mackey, Council Member
Steven Tharp, Jr., Council Member
VILLAGE OFFICIALS PRESENT:
Rob Pauley, Village Administrator
K. Kris King, Clerk-Treasurer
VILLAGE EMPLOYEES PRESENT:
Chris Colucy, Fire Captain
Rick Patterson, Fire Chief
MINUTES FROM THE AUGUST 18, 2014 REGULAR COUNCIL MEETING:
Mayor Mike Schwab asked if there were any additions or deletions to the August 18, 2014 Council meeting minutes. Council Member Hilliard asked that Solicitor McCallin's comment "Every action that Council takes can set a precedent" be included regarding the rehiring of the Assistant Clerk.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to accept the minutes as amended. 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 $ 56,209.73. The vote: All yes.
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.
Ed Reidenbach, 224 W. Main St. asked who owned the trees on the tree lawn. Mayor Schwab stated the Village did. He asked who is responsible for the trimming of the trees. Mayor Schwab replied the Village has been responsible. He then asked why the home owner is then responsible for the damage to the sidewalks from the roots. Mayor Schwab stated that is how the State law is written.
Others in attendance: Ray Heitger, Linda Taylor, John Barkan, and Cindy Mackey.
PRESENTATION OF GUESTS:
Broc Bidlack, Fairless Local School District Superintendent, thanked the Village for providing the school resource officer's extra hours in the schools. This provides extra safety for the students, staff, and faculty. He also stated the school levy will be on the ballot again this election. He stated that the needs have not diminished. He asked that the Mayor and Council make a public endorsement for the school levy: Great Schools...Great Community...Great Future. Council Member Hilliard stated he supports the levy. His wife and daughter teach at Fairless. He stated that the biggest complaint is that the millage is too high. Mr. Bidlack stated the need remains the same. A smaller millage would not meet the long term needs. Council Member Hilliard stated the teachers have not had a raise in four or five years. Mr. Bidlack stated the teachers union has reached an agreement that includes a small increase but their insurance deduction also increased. The teachers have been very understanding. Council Member Hilliard stated that he feels the school needs to explain how the money generated from the levy is going to be used. He also stated that you want to keep your teachers so you have to provide sufficient compensation.
CONSIDERATION OF ORDINANCES:
Second Reading: Approve an October 2014 Village Employee Health Insurance Contract with Ohio Public Entities Consortium.
Second Reading: Adoption of Village Officials & Employees Ethics Policy; based on the Ohio Ethics Commission Model Policy.
First Reading: Authorize a Contract for the 2014 Amherst Street Improvement Project.
Resolution 34-2014: A Resolution of Appreciation to Councilman Joseph Strausbaugh (Mayor Schwab made available for Council to sign).
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to pass the Resolution 34-2014 as read. The vote: All yes.
Tabled on August 18, 2014 at Third Reading: (numbers listed next & request passage)
1. Third Reading: Authorize a Contract for Casualty & Liability Insurance for Village; current contract lapses September 25, 2014; total premium costs = $47,601.00.
2. Third Reading: Adopt the Village’s 2015 Alternative Tax Budget of $13,374,724.00.
Resolution 35-2014: A Resolution to Authorize a Contract for Casualty & Liability Insurance for the Village for $ 47,601.00.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to untable the resolution. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to pass the resolution under emergency in order for the Village to have continued insurance coverage. The vote: All yes.
Resolution 36-2014: A Resolution to adopt the Village's 2015 Alternative Tax Budget of $13,374,724.00.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to untable the resolution. The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to pass the resolution. Council Member Hilliard asked if there were any areas of concern. Clerk-Treasurer King explained the large increase in the Sewer Fund due to the Sweetwater Pump Station Project and the OWDA loan that the Village is incurring. The vote: All yes.
MUNICIPAL DEPARTMENTS:
Fire Department: Fire Chief Rick Patterson
Chief’s Letter to Council; Order One Turnout Gear at $ 1570.00 and the appointments of Jon Huff and Mark Murdocco as Fire Captains. Mayor provided a copy to Council; based on Chief’s recommendation, Mayor would ask that Council approve the appointments of Jon Huff & Mark Murdocco to Fire Captains.
Chief also reported that the radio license will need to be renewed.
Jon Huff will be working on the mock railroad emergency with Stark County Emergency Management Agency.
Captain Chris Colucy asked if Council would approve the Firemen's Association to have a beer tent at the Oktoberfest in the park on September 27, 2014. A business has offered to pay the $300+ insurance policy required for the event. This was cheaper than the $800+ policy through the Village's liability insurance provider. Council Member Hilliard asked what was made at the last Oktoberfest. Capt. Colucy stated that the profit was $1,300 last year and $700 the year before. He was told by the Budweiser distributor that this was unusual because normally you lose money the first year and are lucky to break even the second year. Profits aren't usually made until the third year. Council Member Hilliard stated that the YMCA held a fundraising walk and made over $10,000 and would rather see the Fire Department do something like this instead of a beer tent. He would like to see them work something out with the Moose for the beer. Capt. Colucy stated that it was probably not possible plus then the Moose Club would keep the profits. There was a discussion on the Moose being a 501(c)3 organization. Council Member Hilliard was not happy with the discussion on underage drinking after the festival was shut down and Capt. Colucy left the premises. He wants the Firemen's Association to look at different fundraisers: Boots at the intersections, gun raffle. Capt. Colucy stated there is too much liability with the gun raffle and they tried the boots at the intersections. Council Member Hilliard stated this goes against Village ordinance. Council Member Tharp stated economic development includes events that bring people into the community. People need more things to do. Capt. Colucy stated the insurance company was not even happy that Fire Department was involved in a Subway Challenge Run at the festival. Capt. Colucy feels that insurance is getting out of hand.
Police Department: Chief Harry Porter(absent)
Attorney Tscholl’s review of PD issue continues; scheduling conflicts with professionals involved have impacted the required process; currently awaiting a recommendation.
School Resource Officer hours have been expanded to 32 hours. Council Member Tharp asked who approved this. He feels Council should have had a say in this because they approve the appropriations. Mayor Schwab stated that he and the Chief made the decision and that the seven additional hours at the school are scheduled specifically using only the overlap Officer hours, and at no additional cost to the Village and expending no additional personnel hours.
Council Member Godwin asked who was going to be the DARE Officer. Mayor Schwab stated it was still up in the air. Council Member Godwin wanted to know when Sergeant Rossiter's administrative leave started and how much this was costing the Village. Council Member Hilliard wants to see this resolved. Mayor Schwab stated he also wanted to see it resolved and that the administrative leave started on July 3rd.
SOLICITOR: Attorney Al McCallin(absent)
Council is to receive an email concerning the use of Executive Sessions for an open Council seat.
COMMUNICATIONS:
Gas Aggregation Program: VESI has submitted Opt-Out Notices to residents; only those residents wishing to NOT participate shall return the Opt-Out Form; those wishing to participate do nothing.
Stark Board of Elections informed the Village that the Village Street Income Tax Issue is Ballot Issue #14.
Ohio Municipal League Conference/Seminars on October 8, 9, & 10 in Columbus. Clerk provided copies of the sessions to Council Members.
Scott Weyandt/Shearers: Progress Report concerning their WWT upgrades. Mayor provided copies to Council Members.
VILLAGE ADMINISTRATOR: Rob Pauley
Administrator’s report for period 08/16/2014 thru 09/02/2014:
- Amherst St. paving project – Bid opening on 9/11 at noon. Award legislation at for the September 15th council session.
- Electrical outage on 8/30/2014 (Elton St./Scioto/Wells area) due to tree limb dropping on distribution circuit shorting all 3 phases of circuit. Repaired without incident.
- Kick-off meeting with Mayor, Clerk-Treasurer and Barkan & Associates (John Barkan) was held August 26th for the position description, employee audit and benefit analysis project. Presentation at the October 6th Council session outlining timeline/sequence for employee audits.
- Mosquito fogging (adulticide) continues as needed & weather conditions permit.
- Reilly Sweeping completed round #4 of street sweeping.
- Fall village cleanup – drop-off at Streets Dept. area week of October 6-9, 2014. Electronics, household hazardous waste, tires, paints are not accepted.
- Sweetwater pump station – mud mat poured at incorrect level, project approximately 2 weeks behind schedule due to removal/re-compaction of base material/re-pouring of mud mat. Next progress meeting scheduled for September 18th.
- Efficiency Smart offers Brewster Municipal Electric residential customers rebates on the purchase of efficient products for your home. Combine rebates with the hundreds of dollars you can save on utility bills by using efficient appliances and equipment, and watch your savings multiply! Visit efficiencysmart.org for a list of eligible products and models. Questions? Call 877-889-3777
- Efficiency Smart, the Village of Brewster’s partner in providing energy efficiency services to its utility customers, will hand out FREE compact fluorescent lights (CFLs) and energy efficiency information during an electric utility customer appreciation event on Friday, September 12 and Monday, September 15 from 9:00 a.m. - 4:00 p.m. at 310 Wabash Ave S. Offer only valid while supplies last.
Council Member Tharp asked about the cost of the mosquito spraying per year. VA Pauley stated he thought the barrel of spray costs between $17 -18 thousand. The larvaecide is separate. There are costs involving licensing renewals. The county offers a spraying program. The schedule is at their discretion. Council Member Tharp asked the Mayor about his concerns of health effects. Mayor Schwab stated that has always been a concern of his. Council Member Tharp asked if there were better products out there. VA Pauley stated the products are not rated against each other.
Council Member Hilliard asked about the quotes for roofing the storage building (Boy Scout building). VA Pauley requested quotes from three separate companies. One didn't have time. The other two provided quotes for steel and asphalt roofs. The apparent low quote was from Hillside Builders for a metal roof of $ 6,026 exclusive of the $103 permit. It includes snow guard and six inch gutters. He also stated the old asphalt shingles came back clean of asbestos.
VILLAGE MAYOR: Mike Schwab
Report to Council concerning recent anonymous letters sent to Mayor’s Office & Council dealing with FD issues. Council was provided a copy. Mayor stated that copies have also been provided to the Fire Chief and Fire Captains, and that he expects that Fire Department leadership to address the issues in a responsible manner. Mayor also state he will monitor the progress and report same to Council.
Council Letter of Appreciation to Brewster Dairy and employees. Distributed for Council's signatures.
Council letter of Appreciation to Joe Musacchia Tax Services. Distributed for Council's signatures.
Modification of Ordinance 21-2014 (Sewer Rates) needed: to correct an error where SS & CBOD rate numbers were flipped and effective dates are inconsistent. Council was provided a copy.
Letter submitted to Brewster American Legion & Commander Lutz stated the Village was not interested in any further negotiations for the purchase of the building. Council was provided a copy.
VILLAGE CLERK-TREASURER’S REPORT: Kris King
August 2014 and Year-to-Date reports presented to Council.
Appropriation adjustment of $ 4,700,000.00 to the Sewer Fund to account for the payments being made by the OWDA to Kenmore Construction.
Does Council wish to set a date for Trick or Treat? It has to be given to the Utility Department tomorrow in order to be in October's Newsletter.
Does Council wish to provide Flu shots to Village employees? Last year the Village paid $190.00 which included the nurse fee and mileage.
Does Council wish to purchase turkeys and hams for the employees this year?
REMINDER:
The 2014 Arts on the Boulevard is being planned for September 27, 2014. Applications are available in the Clerk's Office.
COMMITTEE 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.
Insurance Committee Work Session on August 25: met with Brian Savage concerning Employee Health Insurance: Ohio Public Entity Consortium Healthcare Cooperative Program Proposal.
Councilman Mackey attended County CDBG Work Shop on 08/20 to represent Village. The Village received 10 points for attending. Council Member Mackey stated it looked pretty slim for the Village to get a grant this year.
Council Member Fox reported on the Utility Committee meeting with AMP Rep for a Power Supply Review this evening. It was an overview of our projects and how our power is generated and billed. There are expected increases in late 2015 and 2016 due to the cold weather last year.
Reminder: September 8th at 6:30 pm – Parks & Grounds Committee Work session
September 8th at 7 pm – Special Council Meeting concerning Open Council Seat
September 15th at 6:30 pm – Street/Sidewalk Committee Work Session
EXPENDITURE REQUESTS from past Meetings:
None
PROPOSALS PENDING:
From Mayor: Request Council’s direction to allow the Village to maintain a three man electric department with the impending retirement of the Electric Superintendent.
From Mayor: As mentioned previously by Councilman Tharp, an Economic Development project to explore the formation of a Brewster business association; would suggest a meeting w/Merchants as part of #3 below.
From Mayor: Installation of Brewster Marketplace signs – cost & info provided on 08/04/2014.
From Mayor: Creation of a Fund for future Sidewalk Repair/Replacement Fund and formulation of a protocol for use of such funds.
OLD/NEW BUSINESS:
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to accept the Mayor's recommendation promoting Jon Huff and Mark Murdocco to Fire Captains. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to authorize the ordering of one set of turnout gear at $1,570 out of the Fire Equipment Fund and declare an emergency because the gear available is too short. The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to allow the Firemen's Association to have a one day event and serve beer. Council Member Mackey stated he would have to vote no because it went against Village ordinance. If Council wants to allow events like this, then the ordinance needs to be changed. We need to be consistent. Council Member Fox stated that the Solicitor stated that Council has the purview to make exceptions. Council Member Mackey would rather donate the $1,300 the Firemen made last year. Council Member Godwin asked if he wanted to do the same for the money they made at the festival last year? Council Member Tharp stated that Council needs to buck up and make the changes to the ordinance so there is some reliability in the events they choose to have. He is for it especially since a company has volunteered to pay for the insurance. Council Member Hilliard stated there was never an issue until the beer tent was moved into the park. He would rather just donate the money. He stated there are other ways to make money. Council Member Mackey stated he was willing to compromise as long as there would be a review and changes made to the ordinance before the next event. The vote: Fox, yes; Godwin, yes; Hilliard, no; Mackey, yes; Tharp, yes. Motion passed.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to accept the quote for the metal roofing from Hillside Buildings to put a metal roof on the recycling building at a cost of $6,026 plus the permit of $103 from the Parks & Grounds Fund. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to allow free flu shots for employees and for residents at the cost of the flu shot. Last year's flu shot was $25.00. The vote: All yes.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to draw up an ordinance amending Ordinance 21-2014 for the Sewer Rates. The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to hold Trick-or-Trick on Thursday, October 30, 2014 from 6:00 to 7:30 pm with a rain date of Saturday, November 1, 2014 from 6:00 to 7:30 pm. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to hold an Economic Development meeting on September 22, 2014 at 6:00pm. The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to have the Mayor draw up a letter in support of the school levy. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HIILIARD and motion carried to draw up an ordinance amending and appropriating $4,700,000 for the Sewer Fund. The vote: All yes.
Council Member Tharp asked VA Pauley if he had the water readings from the northside. VA Pauley stated he is still waiting on them that Supt. Pepper has been on vacation.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to adjourn the meeting at 8:30 pm. The vote: Fox, yes; Godwin, yes; Hilliard, yes; Mackey, yes; Tharp, no. Motion passed
Respectfully submitted,
K. Kris King, Village Clerk-Treasurer
Mike Schwab, Mayor