March 3, 2014 - Meeting Minutes
MINUTES
BREWSTER VILLAGE COUNCIL
March 3, 2014
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 Kris King followed by the Pledge of Allegiance.
MEMBERS PRESENT:
Mike Schwab, Mayor
Dale Fox, Council Member
Dave Godwin, Council Member
Tom Hilliard, Council Member
Paul Mackey, Council Member
Joe Strausbaugh, Council Member
Steven Tharp, Council Member
VILLAGE OFFICIALS PRESENT:
Kris King, Clerk-Treasurer
Al McCallin, Solicitor
Rob Pauley, Village Administrator
VILLAGE EMPLOYEES PRESENT:
Chris Colucy, Fire Captain
Keith Creter, Police Captain
Rick Patterson, Fire Chief and Street Superintendent
Harry Porter, Police Chief
Jim Spivey, Village Technician
Mayor Schwab introduced Rob Pauley as the new Village Administrator.
MINUTES FROM THE FEBRUARY 17, 2014 REGULAR COUNCIL MEETING:
Mayor Mike Schwab asked if there were any additions or deletions to the February 17, 2014 Council Meeting minutes.
Council Member Strausbaugh stated that in the discussion of the modifying of the acting Village Administrator he had stated it should be a percentage not 70% specifically.
Council Member Tharp stated he wanted the section where he discussed his concerns on the Income Tax Ordinance typed word for word.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to accept the minutes. The vote: All yes.
PRESENTATION OF BILLS:
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to accept the bills for the amount of $ 486,205.70. The vote: Fox, yes; Godwin, yes; Hilliard, no; Mackey; yes Strausbaugh, no; Tharp, no. Mayor Schwab voted yes to pay the village bills.
AUDIENCE:
Suzi Hostetler, 15175 Elton Street, Navarre, owner and operator of the Brewster Barber Shop, attended to voice her concerns over having large amounts of snow and chunks of ice repeatedly dumped on her sidewalk where her customers park and walk to her business for the last five years. There has been as much as five foot deposited there. This snow is coming from the Moose parking lot. She has contacted the Moose, the contractor removing the snow and ice, and the Police over and over again over the last five years to no avail. She recently came to Village Hall and spoke to the Mayor, the Clerk, and Council Member Mackey. She thought it was city code to keep the sidewalk clear of snow. Her question was if she made a parking lot in the area where the snow and ice is dumped, will this stop him from dumping on her. She needs to get this problem resolved and can anyone help her? Council Member Godwin stated he has talked to the contractor and to Suzi. Council Member Tharp stated her Barber Shop is one of the best things to happen to this town. Council Member Strausbaugh stated that she needs a resolution to this situation. Council Member Fox asked the Solicitor if this is legal for them to take snow from one property and dump on someone else even though it is a devil strip. Solicitor McCallin stated he didn't think it sounded right but would look into it. Council Member Strausbaugh asked if the Village guys could move the snow if it happens again. Her son, Kevin, stated that normal snow is fine, but when it is piled six feet high and falls and turns into ice, it becomes a major issue for them. Mayor stated he talked with the contractor who then removed the snow pile in question to the Village Park on W. Second. The contractor assured him that he would in the future put the excess Moose parking lot snow in the Park.
Ray Heitger, 317 Seventh St SE, asked Council to appropriate money for the Easter Egg Hunt. He also stated the renovations to Village Hall are looking great.
Residents in attendance: Ray and LaVonne Heitger, Cindy Mackey, Dawn Strausbaugh, and Jenny Spivey.
CONSIDERATION OF ORDINANCES:
Second Reading: Amend the Brewster Tax Ordinance of 1953 by increasing the municipal income tax from 1% to 1-1/3% to provide for the maintenance and construction of Village Streets, Storm Sewers, and Curbs and Gutter, and the maintenance and repair of existing Sidewalks; for November Ballot.
Second Reading: Submit to the electors at the primary election on November 4, 2014 the question of a temporary increase from 1% to 1-1/3% to provide additional revenues for the maintenance and construction of Village Streets, Storm Sewers, and Curbs and Gutter, and the maintenance and repair of existing Sidewalks.
Second Reading: Authorize Permanent Appropriations for 2014. (Council provided a copy on Feb. 17, 2014).
Second Reading: Authorize a Residency Waiver for Village Administrator Robert Pauley.
First Reading: Authorize the Creation of an Electric Capital Projects Fund (Council provided a copy). Council Member Hilliard wanted to know why we are doing this. Mayor Schwab stated it would be a dedicated source for infrastructure improvements in the Village's Electric system.
RESOLUTION 14-2014: A Resolution of Encouragement and Wishing him a Happy Birthday for Colin Cunningham of Michigan, a sufferer of Asperger’s Syndrome was given first reading.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to pass the resolution as read. The vote: All yes.
MUNICIPAL DEPARTMENTS:
Fire Department: Chief Ricky Patterson
Chief Patterson recommended Rachel Courtney and Ashley Hostetler as probationary firefighters pending physical, drug screen, and background check.
The amplifier and PA system in the station need repaired at a cost of $873 from Staley Technology.
Capt. Colucy requested council allow a beer tent on village property on May 28-31 for the 2014 Firemen's Festival and Sept 27th for the Oktoberfest. The gazebo was discussed along with the increase on the fireworks display. He requested a donation from the village. Council Member Tharp suggested that council increase the donation to $ 2,000 to help defer the increase and Council Member Hilliard questioned if the money could come out of the Recreation Fund.
Police Department: Chief Harry Porter
Chief Porter provided an update on the renovation of the Police Department's Response Vehicle and the donations received from local businesses. He has sent thank you letters to all the contributors. Council Member Godwin asked if he had thought about having a fundraiser in Brewster. The Chief reported on a fundraiser that had been hosted by Altercare of Navarre and thanked the new VA and office girls for coming out to support it. He stated he would be appreciative to anyone that wanted to put one together in Brewster.
Council Member Hilliard thanked the Police Dept. for the job they are doing at the school. He stated his son was very excited because they had been involved in an exercise where they tackled an officer. Chief Porter stated the ALICE Program that has been presented at the school has been requested to be done at one of our local businesses.
Council Member Tharp asked if the department would be replacing the part time officer that has resigned. Chief Porter stated that they currently have had no problems covering shifts but will be looking into it eventually.
Chief Porter explained more about the tactical team.
Reviewing Ohio Cooperative Purchasing Program Contracts for a possible late 2014 vehicle purchase.
Street Department:
Supt. Patterson had one of the requested pieces of equipment parked in front of the Fire Department to demonstrate after the meeting. Council Member Mackey asked if Supt. Patterson had gathered the figure of how much money was spent in the last five years for contractors and rental equipment that these two pieces of equipment could be used. He stated it was approximately $ 134,000.
SOLICITOR: Attorney Al McCallin (Per Procedures the Solicitor will be excused after his spot)-absent
Ahbay Property (Sturm’s) purchased at Sheriff’s Sale on February 4th; Village owes$55,163.15 by close of business on 03/04; Village on the hook for that amount as the successful bidder.
Update of Executive Session Guidelines under the Ohio Sunshine Law (Council provided a copy). Solicitor McCallin stated the importance of not overusing executive sessions.
Solicitor McCallin stated we do have an ordinance prohibiting the piling of snow on the sidewalks under Ohio Basic Code Section 95. It also discusses penalties of up to $500 and 6 months in jail.
COMMUNICATIONS:
City of Cambridge – Invitation to Tree City USA Celebration on Tuesday, April 22; $ 25.00 Registration Fee.
Shearers Foods is adding another product line and 50 jobs in Brewster. Current Brewster employees = 332. Council provided a copy of a newspaper clipping.
Beach City 02/17 Meeting Minutes – Electric Lineman Pay Rate Information (Council provided a copy). AMP informal Electric Lineman Wage survey; NE Ohio Union wage rates (Council provided a copy).
VILLAGE ADMINISTRATOR: Rob Pauley
OEPA / DEFA loan forms executed & submitted for Wastewater System Improvements – Sweetwater lift station. Loan account has been established.
Preconstruction meeting scheduled with engineer (Hazen and Sawyer) and contractor (Kenmore Construction) for Friday, March 7, 2014 at 10:00 a.m. Notice to Proceed will be issued to Kenmore Construction at that time.
Received notice for Stage 2 plan review from ODOT District 4 for Radius Improvements at SR93 & Elton St. (PID 86934). Tentative construction – summer 2015
Recommend return of Mr. Tim Stith for Seasonal Worker in the Streets Dept. Will be advertising for an additional Seasonal Worker (ie. Mowing) in the Streets Dept.
VILLAGE MAYOR: Mike Schwab
Zoning Board of Appeals Meeting on 02/20 the variance for Brewster Dairy to construct a 143’ X 70’ building adjacent to their manufacturing facility between Wabash and Harriman. Variance for a Front Yard Setback facing both streets. 100 feet required, 50’ on Wabash & 55’ on Harriman requested. Variances approved. This is a $ 2 million dollar investment by Brewster Dairy.
Handout: Topics – Gazebo Project, Village Hall Remodeling Project, Parking restrictions on narrow Village street – passage of emergency vehicles & snow plows, Elton Street Intersection – ODOT Project in 2015, Mancan, Thank you letters to Dan Klein & to Vera Donat.
VILLAGE CLERK-TREASURER’S REPORT: Kris King
Remind Council to look over and sign the check register on the table.
Tree City USA will be on April 22nd from 8am - 3pm in Cambridge. Anyone wishing to attend needs to let me know by April 3rd.
I will be at the Local Gov't Officials' Conference later this week.
The school asked me to announce there will be a retirement reception for Renee Fogle this Friday from 3 - 5pm at the High School.
February Financial reports provided to council.
"VILAGE SPEAKS"
Council Member Hilliard stated the Brewster United Methodist Church will start their Fish Fries this Friday from 4 to 7pm.
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.
Utility Committee Work Session Minutes from 02/17.
Reminder Neighborhood Watch Meeting on March 11th at 7 pm.
AMP Academy Continues: # III Link - https://attendee.gototraining.com/5m4l2/recording/1018597824316663297
Kent Carson at kcarson@amppartners.org.
Arbor Day in Ohio is Friday, April 25th; Councilman Paul Mackey chairs the Tree Board.
EXPENDITURE REQUESTS from past Meetings:
Street Supt: Quotes for CAT Mini Excavator & CAT Compact Wheel Loader (Council copy); trade-in backhoe; Mayor’s Request: that the Finance Committee work with VA Rob to review this suggestion.
Reilly Sweeping Quote - $ 2064 for April/Spring Clean Up, $ 1790 prior to VFD Festival; and $ 1517 each for July 4th, Labor Day, & Thanksgiving (Thanksgiving sweeping cancelled in 2012 & 2013) Total = $ 8405.00.
PROPOSALS PENDING:
From Mayor: Draft of a Village Employee Wage Ordinance for 2014, 2015, 2016; submitted to initiate discussion (Council copy 11/04/2013).
Purchase of the American Legion Building.
Sewer Rate Study Recommendation – Sewer Rate Increase (Info provided to Council in 07/2013 & on 12/02/2013): With the approval of the Sweetwater Pump Station Project this needs to be considered by Council.
From Mayor: Draft of a Social Media Policy for Village was submitted to Council in 10/2012 & 02/03/2014.
Solar Planet Proposal: Council may want to look at www.solarplanetpower.com.
OLD/NEW BUSINESS:
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to approve the quote for Reilly Sweeping in the amount of $8405 for five sweeps. Council Member Hilliard thinks it's important to have the final sweep in November because of the leaves. The vote: All yes.
Council Member Mackey thinks the Finance Committee should meet like the Mayor suggested to go over the purchase of the mini excavator and compact wheel loader. The committee needs to work with VA Pauley. These are good solid pieces of equipment and it should be given serious consideration. He is in favor of it.
COUNCIL MEMBER THARP MOVED to adopt the Zoning Board of Appeals recommendation for the Dairy's expansion. Mayor Schwab stated a vote would not be necessary. The Board's decision is all that is required. Council has no authority in this matter.
COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER GODWIN to create a wage ordinance for 2014 based on the proposal that the Mayor provided for wage increases. He wants to go over the entire wage structure. He feels that what we have now is all over the board and the employees wages are trickling backwards. He wants to make a 3% increase across the board for 2014 only. He then wants the committee to go over the entire ordinance and revamp it. He feels this is an administrative function not legislative. He doesn't think it is fair to the employees. He wants to get the 3% passed here and now then move on. Council Member Tharp asked if he had the figures. What does this cost each fund. He wants to be fair and come to a compromise. Council Member Mackey stated this was presented five months ago and Council is behind the gun. He wants no more excuses. Council Member Tharp stated he has no problem giving raises and even making them retroactive but would rather have a plan for 2014/2015/2016. Council Member Mackey stated to quit making excuses, this was presented in November. Do the 3% then get to work on 2015 on. He stated that Council is doing an inordinate amount of administrative functions. He wants to have something more progressive. Council Member Strausbaugh wanted to know what the numbers would be. Council Member Hilliard stated this should be done by the Employee Committee. Council Member Mackey stated to give it to the Employee Committee to move onto the 2015 on ordinance. Council Member Tharp stated this will destroy goodwill among Council. Council Member Mackey stated he did not take this position to just sit here, he wants to get things done. Council Member Strausbaugh stated that Council Member Tharp tried and got crucified. Council Member Fox asked the clerk how much this would cost the Village. Clerk King stated somewhere around $30,000. Council Member Godwin stated let's do this and then start on the ordinance for 2015-2017. Council Member Mackey stated you can not just sit here and get nothing done. Council Member Tharp stated he wants to get things done. Council has a good group of people with good backgrounds that can get things done but not to put the cart before the horse. The committee needs to be given a chance. Council Member Mackey stated he wants to get this done and not see the same thing he has seen over the last few years. Council Member Hilliard welcomed VA Rob Pauley to Brewster. Council Member Godwin wants to get 2014 done then hash everything out with a new process. The vote: Fox, yes; Godwin, yes; Hilliard, no; Mackey, yes; Strausbaugh, no; Tharp, no. Mayor Schwab stated that this proposal had been presented five months ago and no action has been made to even look into it. If it takes jamming an ordinance down Council's throat to get things moving then he will vote yes to get things moving. Motion carried.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to schedule a Utility Committee meeting to review the sewer rates as presented by Hazen and Sawyer on April 7th at 6pm. The vote: All yes.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to amend the Fund Transfer Ordinance moving the $750 per quarter transfer from the Recreation Fund to the Street Resurfacing Fund. Clerk King reminded Council of the request from the Heitger's for a budget for the Easter Egg Hunt. The vote: All yes.
COUNCIL MEMBER FOX asked the Mayor to send a letter to the local business's concerning Section 95.10 of the Ohio Basic Code.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to adjourn the meeting at 8:36pm. The vote: Fox, yes; Godwin, yes; Hilliard, yes; Mackey, yes; Strausbaugh, yes; Tharp, no.
Respectfully submitted,
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K. Kris King, Village Clerk-Treasurer
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Mike Schwab, Mayor