March 17, 2014 - Meeting Minutes

MINUTES

BREWSTER VILLAGE COUNCIL

March 17, 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.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to excuse Council Member Tharp from tonight's meeting. The vote: All yes.

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

VILLAGE OFFICIALS PRESENT:

Kris King, Clerk-Treasurer

Al McCallin, Solicitor

Rob Pauley, Village Administrator

VILLAGE EMPLOYEES PRESENT:

Rick Patterson, Fire Chief and Street Superintendent

George Radich, Electric Superintendent

Mike Radich, Electric Lineman

Jim Spivey, Village Technician

Ryan Swan, Electric Lineman

MINUTES FROM THE MARCH 3, 2014 REGULAR COUNCIL MEETING:

Mayor Mike Schwab asked if there were any additions or deletions to the March 3, 2014 Council meeting minutes.

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to accept the minutes. The vote: Godwin, yes; Hilliard, yes; Mackey, yes; Strausbaugh, no; Fox, yes.

PRESENTATION OF BILLS:

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to accept the bills for the amount of $ 346,453.08. The vote: Godwin, yes; Hilliard, no; Mackey; yes Strausbaugh, no; Fox, yes.

AUDIENCE:

Bob Luckring, 857 East Seventh St, is concerned about the Village purchasing a trackhoe. He stated it will have to be trailered to be hauled and will have to have a building to be stored. He heard that the Village is also looking at purchasing a loader. He doesn't feel these are needed and 90% of the Village's needs can be handled with the backhoe. He doesn't think it makes any sense. He feels the current backhoe is more than adequate and you can always lease a trackhoe if needed. He stated you can do a lot of renting for $100k. He also questioned last meetings discussion of a lockbox. He stated it should he located at the 1st Street entrance.

Jay Huff, 756 McKinley, is also concerned about the purchase of the trackhoe and the loader. He stated the trackhoe ties up a tracker and a trailer. He stated it was only 12 ft from his curb to shut-off valve so it doesn't seem worth it. He questioned whether the remodeling of Village Hall was ADA compliant. VA Pauley stated they were following the ADA guidelines and the front south entrance would be handicap assessable. Mr. Huff asked if the ADA was brought in to inspect it. VA Pauley stated that the ADA is not a board.

Chris Wilson, 815 McKinley, asked if building and electrical permits had been pulled. Mayor Schwab stated they are currently being permitted. Mr. Wilson asked why after the Electric building stunt that it would be tried again. He wanted to know if a lead test was done. VA Pauley stated the lead test came back negative and the plaster asbestos came back negative but it was positive on the 2x4 ceiling tiles.

Residents also in attendance: Ray and LaVonne Heitger, Cindy Mackey, Dawn Strausbaugh, Jenny Spivey, Louie Carroll, and Ken Reed.

CONSIDERATION OF ORDINANCES:

Third 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.

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to bring the ordinance forward for passage.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to amend the ordinance by removing maintenance and repair of existing sidewalks. The vote: Godwin, yes; Hilliard, no; Mackey, yes: Strausbaugh, no, Fox, yes.

ORDINANCE 15-2014: An Ordinance to 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; for the November ballot was given third.

The vote: Godwin, yes; Hilliard, no; Mackey, yes: Strausbaugh, no, Fox, yes.

Third 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.

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried bring the ordinance forward for passage.

RESOLUTION 16-2014:A Resolution to 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.

The Vote: Godwin, yes; Hilliard, no; Mackey, yes: Strausbaugh, no, Fox, yes.

ORDINANCE 17-2014: An Ordinance Authorizing Permanent Appropriations for 2014 was given third reading.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to pass the ordinance as read. The Vote: Godwin, yes; Hilliard, no; Mackey, yes: Strausbaugh, no, Fox, yes.

ORDINANCE 18-2014: An Ordinance Authorizing a Residency Waiver for Village Administrator Robert Pauley was given third reading.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to pass the ordinance as read. The vote: All yes.

Second Reading: Authorize the Creation of an Electric Improvement 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.

First Reading: Authorize an adjustment of the base wages and benefits of Village employees.

First Reading: Amend Ordinance 12 -2011 to end transfer to the Recreation Fund to place that $750 quarterly transfer in the Street Resurfacing Fund.

COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to amend the ordinance adjusting the base wages and benefits of Village employees to add the effective date of 01/01/2014. The vote: All yes.

MUNICIPAL DEPARTMENTS:

Fire Department: Chief Ricky Patterson

Several proposals from March 3, 2014 listed under Expenditure Requests & Proposals Pending including: funding assistance for the fireworks, the repair of the amplifier and PA system, two perspective firefighters, and placement of the beer tent.

Police Department: Chief Harry Porter

DARE Program Donation Application from Sgt. Rossiter of $ 1500. Council provided a copy.

SOLICITOR: Attorney Al McCallin (Per Procedures the Solicitor will be excused after his spot)

Update on Walker/EPA litigation in which Village role is as a witness. The Village was notified not to attend court on March 14, 2014. No reason was given.

COMMUNICATIONS:

Stark RPC – Public Hearing on 03/19 at 11:30 am to review 2014 CDBG Project Funding Plan Council was provided a copy.

Canton City Health Department Letter-03/13/2014: Review of Village Hall Renovation Project; VA will cover Village’s response in his portion of the meeting.

Shearers Foods Associates will observe Earth Day on April 22^nd with volunteers providing a Clean Up of Bimeler Park. Council was provided a copy. Mayor urged Council to participate.

VILLAGE ADMINISTRATOR: Rob Pauley

Wastewater System Improvements – Sweetwater lift station. Notice to proceed issued. Preconstruction meeting held, Kenmore Construction mobilization scheduled for March 24, 2014, Coordination with USACE for trailer/material laydown area.

Coordinating with Stark County Building Department and Canton City Health District for necessary permitting for the remodeling project at village hall. GPD Group performed site inspection and began initial evaluation for asbestos containing material. Samples taken, expect preliminary analysis results late Monday (Mar. 17) or early Tuesday (Mar. 18). GPD Engineers working with Supt. Patterson and VA Pauley to provide necessary drawing/plan of renovation.

Water Department & Electric Department coordinating with So-Deep (subsurface utility engineering company) and ODOT – District 4 office to identify utility conflicts for the Raduis Improvements at SR93 & Elton St. ODOT anticipates letting of project 4/2015 with construction to begin summer 2015.

Met with representative of Efficiency Smart to identify possible village and commercial customer projects for 2014/2015.

Council Member Strausbaugh asked VA Pauley what he is going to do to make sure any construction projects have the proper testing before they begin. He stated he would clearly identify what needs to be done before a project is started.

Council Member Hilliard stated that he no longer felt that $40,000 was a realistic number for the garage and that is why he is voting no to pay all the bills. VA Pauley asked if what he was saying was that he was voting no on the bills for a project that was not even started? Council Member Hilliard stated he thinks it will be over $50,000.

Council Member Strausbaugh asked VA Pauley if he had read over the water pressure study on the north end of town. He stated these people need a resolution, if there is a way to bring up their pressure, great, if not then let them know. It's been since July. We need to let them know whether or not we are doing anything. VA Pauley stated we could not put in a booster without a PTI (Permit to install) approved by OEPA and those are approved only for an overall system basis or the system overall does not meet the minimum standards. If a booster is put in then there will be an issue down the line that would need reduction.

VILLAGE MAYOR: Mike Schwab

Introduction of the VA Meetings have been scheduled with the Dairy & playing phone tag with Shearers. Possibly introduce a solar field.

Spring Clean Up – April 21.

Prior Handouts for Village Employee Wage Info: Comparison of Current & several proposed wage scenarios; Affect of various wage increases on individual Village Funds.

VILLAGE CLERK-TREASURER’S REPORT: Kris King

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.

The Ray and LaVonne Heitger, Toni Hess, Judy Maybaugh and Mary Lou Klein have volunteered to organize the Easter Egg hunt this year. Last year's budget was $ 1,500 but the cost was held down to just below $ 1,200. They would like to be given a budget in order to get started.

The annual mandatory Drug-Free Safety Program Training sessions have been scheduled for May 6, 2014. DFSP Supervisor training is at 9am followed by the DFSP Employee Education at 10:15am. There will also be an evening session for the employees at 7pm to accommodate the Fire Department and Council Members.

The Village is required to have training in order to stay in the Worker's Comp group rating program because we had a claim last year. I will be attending the BWC Safety Congress in Columbus on Wednesday, March 26, 2014. I will also be out of the office on April 2, 2014 to attend the Ohio Association of Public Treasurer's Hot Top Seminar concerning the future of the municipal income tax collections in Ohio.

"VILLAGE SPEAKS"

Council Member Godwin stated he had 30 to 35 residents say how happy they were to see Village Hall being brightened up and brought into the 21st century.

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.

Council Member Godwin reported on the Street Committee meeting at 6 pm: Discussed removing the sidewalks from the street levy issue, getting figures to repair Amherst Street, having the streets looked at for crack sealing, and taking a look at Park Street.

Council Member Mackey reported on the Employee Committee meeting at 6:30 pm: Discussed how to approach the budgeting process and basically agreed on 2014 rate increase.

Council Member Hilliard reported on the Neighborhood Watch meeting on March 11^th: Officer Rossiter made a real good presentation and about 10 people showed. Will put information in Village Hall for residents once the remodeling is complete and there is somewhere to place it. Council was provided a copy of the minutes.

Minutes from Employee Committee Meeting on March 15^th. Council provided a copy.

Arbor Day in Ohio is Friday, April 25^th; Councilman Paul Mackey chairs the Tree Board

Reminder: Utility Committee Meeting at 6 pm on April 7th.

Mayor's clarification - Scheduling & canceling of Committee Meetings: From what we found in the Ohio Revised Code, Section 731.46 states that a meeting may be called by three members of Council or by the Mayor. We assume that holds true on who can cancel a meeting. We did not find anything in the Ohio Sunshine Law that addresses who can call a meeting. As far as notification Village practice has been to provide a minimum of 72 hours notice to papers, etc. unless deemed an Emergency.

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 Pauley to review this suggestion.

From FD Capt Colucy: Village’s assistance in funding a portion of the Firemen’s Festival’s Fireworks Display.

Fire Chief: Repair of amplifier & PA system by Staley at $ 873.00.

Village Clerk: Provide funds for Annual Easter Egg Hunt; suggest Recreation Fund as source.

PROPOSALS PENDING:

Purchase of the American Legion Building – Commander Lutz’s March 6th Proposal. Council was provided a copy.

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.

From Chief Patterson: Two Prospective Firefighters, Rachel Courtney & Ashley Hostetler for Council to consider.

From FD Capt Colucy: Placement of a Beer Tent in Bimeler Park during Spring Firemen’s Festival & Fall Oktoberfest.

OLD/NEW BUSINESS:

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to go into Executive Session to discuss the purchase of property for public use at competitive bidding that disclosure would give an unfair competitive advantage at 7:48pm. The vote: All yes.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to close Executive Session at 7:57pm. The vote: All yes.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to purchase the American Legion building at a cost of $ 65,000 and allowing the American Legion to remain in the building until January 2015. From the time the sale is completed with the American Legion, the lease payments for the rental of the main floor of the building will be made to the Village. The Village is not interested in selling the land. The Vote: Godwin, yes; Hilliard, yes; Mackey, yes: Strausbaugh, no, Fox, yes.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX to donate $ 5,000 to the Fireman's Association for fireworks at the festival from the Recreation Fund. Council Member Hilliard stated the Association is struggling to get the money to cover the fireworks and this will give them extra money they won't have to raise. Council Member Mackey couldn't see taking $ 5,000 out of the Village coffers that would literally go up in smoke. He does not feel this is a sensible expenditure but would agree to a lower amount. Council Member Hilliard offered to amend the amount to $ 2,500 and the second agreed. The vote: All yes.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to appropriate $ 1,200 for the Easter Egg Hunt from the Recreation Fund. The vote: All yes.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to donate $ 1,500 to the DARE Fund. Council Member Godwin asked which fund the Clerk recommended. She stated the General Fund. The vote: All yes.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to give permission to the Fire Association to have a Beer Tent on Village property for the Firemen's Festival and the Oktoberfest. Council Member Hilliard stated he would be voting no because he didn't think it was okay to vote a donation for DARE then approve beer in the park. The vote: Godwin, yes; Hilliard, no; Mackey, yes: Strausbaugh, no, Fox, yes.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to hire Rachel Courtney and Ashley Hostetler as probationary firefighters pending physical, drug screen, and background check. The vote: All yes.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to appropriate $ 873 from the Fire Fund for the amplifier and PA system repairs at the Fire Department. The vote: All yes.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried hold a Parks and Grounds work session on March 31, 2014 at 6pm and with some of the topics to be discussed are cameras, a swing, signage, and sealing the walking path. The vote: All yes.

Council Member Fox asked if anyone has read the Social Media Policy provided by the Mayor. Council Members Godwin and Mackey stated they had but it had been a while ago. Council Member Hilliard stated he had not read it. Council Member Fox suggested everyone read it before the next meeting.

Mayor Schwab reminded Council that Tim Stith had not yet been rehired as a seasonal employee and another seasonal position needed to be advertised.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to rehire Tim Stith as a seasonal worker and advertise for another seasonal worker. The vote: All yes.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to adjourn the meeting at 8:12pm. The vote: All yes.

Respectfully submitted,

_____________________________________

K. Kris King, Village Clerk-Treasurer

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Mike Schwab, Mayor