November 3, 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:
Matthew Bair, Fireman Jay Bucher, Fireman
Roger Carpenter, Jr., Fireman Tyler Carpenter, Fireman
Joyce Cunningham, Asst. Clerk Terry Griffith, Jr., Fireman
Randi Hickman, Fireman Jen Mohler, Fire Captain
Mike Mohler, Fireman Mark Murdocco, Fire Captain
Cheryl Wade, Fireman
MINUTES FROM THE OCTOBER 20, 2014 REGULAR COUNCIL MEETING:
Mayor Mike Schwab asked if there were any additions or deletions to the October 20, 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 FOX and motion carried to accept the bills for the amount of $ 88,402.73. The vote: All yes.
Council Member Hilliard asked if Davey Tree was being paid hourly or by the job. VA Pauley stated that they are being paid hourly and are clearing the distribution lines. Council Member Hilliard stated he would like to see before and after pictures added to the project specifications to make sure they are doing their job.
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.
Larry Durben, 105 Jefferson SE, he is very unhappy with the Village trimming the trees on his property. He stated a 70 year-old dogwood, his pear tree, and his pine tree had all been trimmed. He has always taken care of the trees. The village should not have touched them. VA Pauley read a report from Supt. Patterson describing the work done on October 10th. Mr. Durben provided the measurements of his trees and how far onto his property the workers had come. VA Pauley stated the Ohio Basic Code requires a ten foot clearance for people walking on the sidewalk and twelve foot clearance above the street.
Melanie Otto, 2711-22nd Street, Canton, stated that she used to live in Brewster and now feels she cannot even drive through town because she feels she is being harassed by certain members of the Police Department. She has felt this way following incidents that occurred over the last 20 years. Mayor Schwab stated she could file a police report. She stated she had a handcuff key. She stated she felt she could not file it with the Brewster Police Department. Council Member Tharp asked the Solicitor if she should then file it with the Sheriff's Office. Solicitor McCallin stated that would be an acceptable alternative.
Tim Dorkoff, 172 East Main Street, asked what Council's intention was the markings on his sidewalks. VA Pauley stated he is looking into a pilot program of beveling the sidewalk edges to realign them instead of replacing them. Mr. Dorkoff stated five years ago the village gave him the option of fixing the sidewalk or they would do it and charge him for it. He feels the problem is the Village's and that since they planted the trees that they should be responsible to fix the sidewalks. Mayor Schwab stated there are no current proposals to charge the homeowner. Later in the meeting, Mr. Dorkoff stated that removing the sidewalks would eliminate the problem.
Terry Griffith, Jr., 658 Amherst St SE, stated that his street has become a drag strip and is concerned for his children and the other children in the neighborhood. He asked that a speed limit sign and/or a "Slow Down Children at Play" sign. Mayor Schwab is going to contact Chief Porter concerning the speeding. Councilman Hilliard reiterated that people should call the Police Department. Councilman Godwin asked Mr. Griffith to get a license plate and give it to the Police Department.
John Lightfoot of the Boy Scouts announced that the Boy Scouts are holding a food drive on November 15th from 11am until 1pm. Please put canned goods on your front porch in a bag and the scouts will pick it up.
Greg Remenaric owns a rental property that has the sidewalks marked. He asked what the minimum height was to fix the sidewalk. VA Pauley stated there are different regulations that range from toe stub to one inch and above. Mayor Schwab stated the Village wants to take a certain area and have the slabs cut and see how it works out. Councilman Hilliard stated the Village knows there are issues and is trying to come up with affordable solutions. Mr. Remenaric asked who would be responsible if someone trips. Solicitor McCallin stated it would be the homeowner.
Joe Radich, 5th Street SE, stated if money is the problem then why not make better decisions and gave the remodel as an example. He went on about how he felt the employees are underpaid. He stated Council was running the Village into the ground.
Council Member Tharp stated the sidewalks are not the issue, it is the wrong trees being planted. Mr. Dorkoff talked about the roots coming to the surface eventually and is going to be an ongoing issue. Many of the old trees were dug up from the woods and replanted in tree lawns. The ground freezes and there expansion and contraction. It is an endless battle.
Larry Durben stated the speeders on East First Street are racing down to avoid the lights. The police have warned one driver twice. They even went to his house. This is going on from 3pm - 5pm daily. The Mayor will let Chief Porter know about the situation.
Ray Heitger, 317 - 7th Street SE, wished to commend the Fire Department and Police Departments for all their help with the Halloween festivities. Council Member Hawk commended Mr. Heitger and the Recreation Board for all their work.
Others in attendance: Cindy Mackey, John Barkan, Tia Judd, Peg McCune, Melanie Otto, Louie Carroll, Kimberly Jones, Jackie Hickman, and Ann-Margaret Lambo.
PRESENTATION OF GUESTS:
None
CONSIDERATION OF ORDINANCES:
RESOLUTION 43-2014:A resolution authorizing a 2015 contract for Attorney Chapanar as Village Prosecutor was given third reading.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to pass Resolution #43-2014 as read. The vote: All yes.
RESOLUTION 44-2014: A resolution authorizing a two year contract with Attorney McCallin as Village Solicitor was given third reading.
Solicitor McCallin requested that the resolution be amended to be a short term extension in order for the Village to find a replacement for him.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to amend the resolution to a term of 60 day extension to allow for a selection process for a new solicitor. Councilman Tharp asked why he didn't wish to continue, Solicitor McCallin stated it would best suit the Village to have someone that would have more time than he had available. The vote: All yes.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to pass the resolution as amended. The vote: All yes.
RESOLUTION 45-2014: A resolution authorizing the creation of a Sidewalk Improvement Fund with a $1500 quarterly transfer was given third reading.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to pass Resolution 45-2014 as read. The vote: All yes.
ORDINANCE 46-2014: An ordinance authorizing the Repeal of a Fifteen Minute Parking Restriction at 217 S. Wabash was given third reading.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to pass Ordinance 46-2014 as read. The vote: All yes.
Second Reading: An ordinance authorizing the modification to the Village Clerk-Treasurer salary.
A Resolution of Support for Fire Chief Rick Patterson was given first reading.
COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER FOX to pass the resolution. Councilman Tharp stated he had not read the resolution. He is concerned about his role as a councilman. He feels this is an administrative thing. There are multiple sides coming to the table. Council Member Godwin asked the Mayor to read a letter from Chief Patterson stating he resigned from the Chief's position and as a firefighter.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to table the resolution. The vote: Fox, yes; Godwin, yes; Hawk, no; Hilliard, no; Mackey, no; Tharp, yes. Mayor Schwab broke the tie with a no vote.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to amend the resolution in support of the implementation of the plan for the coming together of the Fire Department. Councilman Godwin stated that way it is not taking sides, one group against the other. Mayor Schwab stated it was to be in support of the continued leadership. Councilman Tharp stated one side had aired more than the other and he didn't want to take sides. Mayor Schwab asked Councilman Tharp what he wanted the resolution titled. Councilman Tharp stated "Resolution of Support from Brewster Village Council to the Brewster Volunteer Fire Department." The vote: All yes.
RESOLUTION 47-2014: Resolution of Support from Brewster Village Council to the Brewster Volunteer Fire Department was adopted. The vote: All yes.
MUNICIPAL DEPARTMENTS:
Fire Department: Fire Chief Rick Patterson(absent)
Mayor read the letter from Chief Patterson that stated “I am resigning as Fire Chief and from the Fire Department as of today.”
Police Department: Chief Harry Porter(absent)
Officer Taylor was injured and will be off work; with two Full Timers off, Chief is scrambling to fill hours which may affect ability to provide the School Resource Officer at 32 hours per week. Mayor Schwab has met with Supt. of Fairless Local Schools. It will depend on the availability of part-time officers. Council Member Tharp asked about using other community's officers. There could be liability issues. Councilman Hilliard asked if he was injured at work and the Mayor responded it occurred at a training session.
The new cruiser is on the road.
Council Member Hilliard stated that he received complaints on Facebook of speeders on Mohican Street. Councilman Fox stated he talked to the rest home and they spoke with their employees and it helped.
Council Member Hilliard stated someone told him an officer was seen sitting in his car talking to the Navarre cop in a parking lot in Navarre at 11:40pm. He stated he feels the Brewster cops need to stay in town at that hour.
Village Employees
Brian Savage of Ohio Insurance Services Agency met with Village employees on October 22nd to review the new Medical Mutual Healthcare Plan; provided a handout which detailed the plan, the processes involved and the appropriate contacts & forms (copy of handout available for Council review, if desired).
VILLAGE SOLICITOR: Attorney Al McCallin
Walker vs. Brewster Mediation on Wednesday, December 10 at 8:45 am at the County Court House. Nothing new that would require an executive session.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried draw up a Resolution of Appreciation for Solicitor McCallin. The vote: All yes.
COMMUNICATIONS:
American Legion Commander Rick Lutz Letter dated October 28, 2014 (Council provided with a copy). Council Member Hilliard suggested that the Mayor re-send Council's letter to the American Legion.
"Register for the 2nd Annual Brewster-Griswald Holiday Lighting & Decorating Contest. Register by December 9th at Village Hall, $5.00 registration fee goes to support the Fairless Food Cupboard. Judging will be on December 12th & 13th with winners & prizes announced at the Santa At Village Hall Celebration on December 18th at 7:30 p.m.
VILLAGE ADMINISTRATOR:VA Robert Pauley
Administrator’s report for period 10/18/2014 thru 10/31/2014:
- Curbside leaf pickup began the week of October 20th and will run thru November 26th (weather & leaves permitting). Residents are urged to rake leaves to the tree lawn, not into the gutter or ditches.
- Fall Hydrant flushing conducted week of October 20th without incident.
- Amherst St. paving project – milling/repairs/paving began 10/28/2014, delays due to weather. Resident notices will be delivered by contract prior to actual mill/repair/pave operations.
- With Supt. – Streets and Councilmember Mackey met with representative of SafeSidewalks (Precision Concrete Cutting) for possible pilot area for alternative sidewalk leveling. Information packets distributed to all council members via email with options/considerations.
- Attended 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. Changes in the Clean Air Act 111-B, 111-D & 112 rules will impact all fossil fuel plants. Expect to have 9 of 11 turbines in the HYDRO Phase 1 project in commercial operation by this time in 2015. Changes in OSHA requirements (effective 4/1/2015) will require ARC Flash evaluation for both Transmission voltage (69kV) and Distribution voltage (12.47kV) lines, will also impact CPR recertification, minimum-assured-distance (MAD) requirements and fall arrest/protection requirements.
- Sweetwater pump station project, next progress meeting scheduled for November 20th.
- With the Holidays fast approaching, curbside Christmas tree pickup will be January 5, 2015 thru January 16, 2015 or dropped off at the yard-waste drop-off area at the Street garage. Residents should remove ornaments & lighting strings from the trees.
- 2nd Annual Holiday Lighting and Decoration contest, as well as Santa At Village Hall celebration dates set – Councilmember Godwin to brief.
- Reminder – the winter snow parking ban is in effect when snow depth is 3” or more. No on-street parking at that time.
- Drop off donations for the Fairless Food Cupboard may be done at Village Hall. Remember those less fortunate this Holiday Season.
- Wastewater Superintendent will be on medical leave, expected return Dec. 8, 2014.
- I will be on S/L Nov 4 & 5 with outpatient surgery and from Nov 7 thru 17 – spouse having joint replacement surgery.
Council Member Godwin asked VA Pauley about backup power for the FirstEnergy changeover. VA Pauley stated AMP has no mobile units.
Council Member Tharp asked if we can do the CPR training in-house with the Fire Department.
Council Member Hawk stated that we need to search every avenue available for an alternative power source to insure electric power for our residents and businesses during the planned outage.
Council Member Hilliard would like to see the replacement of the filter media put in the Water Fund Budget.
Council Member Hilliard stated he was getting beat up over the curb replacement on Amherst. The Village needs guidelines on doing things right.
Council Member Hilliard was in Orrville and they were sealing streets. He stated that should be a priority in the 2015 budget.
Council Member Tharp stated his concern for the funds. The income tax collections are behind last year and did the curb on Amherst twice. People should be held accountable for jobs being done.
VILLAGE MAYOR: Mike Schwab
Council Letter of Appreciation to Brewster Historical Society officials & membership and a Council letter of Appreciation to JVM Insurance. Both need Council signatures.
Income Tax Commissioner Hartman reports that Village Income Tax collections continue;
To date Income Tax = $ 655,288 (2013 = $ 729,268 at this time)
Hartman plans to contact any known delinquent taxpayers & to involve Prosecutor Chapanar for those that do not respond to his inquiries.
First Energy contact Joyce Tamer requests FE payment for the Village power line & easement be made by FE in January 2015 rather than late 2014 (copy of email); eventually this will require Council legislation timed for a January 2015 consideration ($ 326,536 proposed by Village).
Mayor Schwab read a letter recommending Jen Mohler as an interim Fire Chief and Jon Huff as an interim Asst. Chief. Councilman Tharp asked if this warranted an executive session. Solicitor McCallin reviewed the list of reasons for executive session and stated reason #1 fit this situation.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to go into Executive Session to meet with legal counsel for the purpose of considering appointment of two employees of the Village of Brewster at 8:28pm. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to exit executive session at 8:51pm. The vote: All yes.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to create the positions of Interim Fire Chief and Interim Assistant Fire Chief and declaring an emergency. The vote: All yes.
ORDINANCE 48-2014: An ordinance creating an interim Fire Chief and interim Assistant Fire Chief and declaring an emergency was given first reading.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to suspend the rule requiring three separate reading and bring the ordinance forward for passage. The vote: All yes.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to pass Ordinance 48-2014: An ordinance creating Interim Fire Chief and Assistant Fire Chief positions in the Fire Department as read. The vote: All yes.
COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to appoint Captain Jen Mohler as interim Fire Chief. Councilman Tharp is worried about a mass exodus. Mayor Schwab stated he had asked Capt. Mohler to step up as a favor because she has the necessary administrative skills. It is a temporary position. The Village will be accepting applications for Fire Chief. Councilman Tharp stated if this goes through, he is asking all members of the Fire Department to assist the residents and go along with the plan. Try to work with the temporary Chief and temporary Assistant Chief. Councilman Godwin stated to let the due process be done. He stated the Village will accept all applicants. The vote: Fox, yes; Godwin, yes; Hawk, yes; Hilliard, yes; Tharp, no.
COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to appoint Captain Jon Huff as interim Asst. Fire Chief. Council Member Godwin stated he had to vote no because there was no one in that position previously. Council Member Tharp stated that Huff came with a lot of knowledge but he had sent in a letter of resignation. The Mayor stated he never received a letter of resignation. The vote: Fox, yes; Godwin, no; Hawk, yes; Hilliard, yes; Tharp, no.
VILLAGE CLERK-TREASURER: Kris King
Check register for tonight's meeting provided for Council's signatures.
Ohio Insurance Services was here on Wednesday, October 22, 2014 at noon to go over the new insurance with the employees. All but two participants were present.
Aultworks Occupational Works was here on October 27, 2014 for Flu Shots from 10:30 until 11:30am. Nineteen employees participated.
Applied for a Municipal Derivatives Settlement provided by Solicitor McCallin at the last meeting.
Request that a Temporary Appropriation Resolution be drawn up for 2015.
Request an Ordinance of Supplemental Appropriations and amending the Appropriation ordinance.
Request an Ordinance authorizing the payment of the AMPGS Stranded Costs. The ordinance for this has already passed along with the 2016 payment.
Do we want to draw up an Ordinance transferring from the General in case we have funds available at the end of the year for Capital Projects or Street Resurfacing? Councilman Godwin stated if the levy passes, it could be put in the Sidewalk Fund.
VILLAGE SPEAKS: Communications from Village residents
There were disruptions from several members of the audience wanting to speak. Mayor Schwab stated the Audience Time at the beginning of the meeting is when the public can speak.
Council Member Tharp reported that a resident stated the barking dog ordinance needs to be evaluated to help residents that have neighbors with barking dogs.
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
Finance Committee meeting minutes from 10/20/2014
Utility Committee meeting minutes from 10/20/2014
Senator Frank LaRose will be attending the December 15th meeting to discuss Amended House Bill 5.
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:
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 Hawk asked if there was a target date on the electric outage for the FE changeover. VA Pauley stated the date was at the end of April. He is against any kind of shutdown. Every option should be researched.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to draw up a resolution of Temporary Appropriations for 2015. The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to extend the purchase payment by FirstEnergy for 1.5 miles of Village power line until January 2015. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to draw up an ordinance of Supplemental Appropriations and Amending Appropriations. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to draw up an ordinance transferring any available funds from the General Fund to the Street Resurfacing and Capital Projects Fund. The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to take applications for a solicitor and place an ad in the newspaper. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to place an ad for applications for the Fire Chief position. The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to have a Sidewalk Committee Work Session on January 5, 2015 at 6pm. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to purchase the traditional turkeys for Thanksgiving and hams for Christmas for the employees. The vote: All yes.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to adjourn the meeting at 9:19 pm. The vote: All yes.
Respectfully submitted,
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K. Kris King, Village Clerk-Treasurer
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Mike Schwab, Mayor