February 3, 2014 - Meeting Minutes

MINUTES

BREWSTER VILLAGE COUNCIL

February 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

VILLAGE EMPLOYEES PRESENT:

Chris Colucy, Fire Captain

Joyce Cunningham, Assistant to the Clerk

Mike Maybaugh, Sewer Superintendent

Rick Patterson, Fire Chief and Street Superintendent

Harry Porter, Police Chief

Jim Spivey, Village Technician

MINUTES FROM THE JANUARY 20, 2014 REGULAR COUNCIL MEETING:

Mayor Mike Schwab asked if there were any additions or deletions to the January 20, 2014 Council Meeting minutes. 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD  to accept the minutes. 

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to amend the motion appropriating $ 45,000 for the storage building to include getting plans for the building.  The vote: Strausbaugh, yes; Tharp, abstain; Fox, yes; Godwin, yes; Hilliard, yes; Mackey; yes.

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to add to the Street Levy motion that the trees were taken off to better the chance of passing the levy and that "Council Member Hilliard stated he felt it was important to have this on the May ballot because the residents don't have any opportunity to approve this, until November, so then we're going to be waiting another year for any money.  This is the most important thing we need to get done and get passed."  Council Member Fox stated that the people need to know that this is important.  The vote: Strausbaugh, no; Tharp, abstain; Fox, yes; Godwin, yes; Hilliard, yes; Mackey; yes.

The vote to approve the minutes with the additions: All yes.

 

PRESENTATION OF BILLS:

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to accept the bills for the amount of $ 76,894.50.  The vote: Strausbaugh, no; Tharp, no; Fox, yes; Godwin, yes; Hilliard, yes; Mackey; yes.

 AUDIENCE:

Residents in attendance: Ray and LaVonne Heitger, Cindy Mackey, Judy Maybaugh, and Jenny Spivey.

CONSIDERATION OF ORDINANCES:

ORDINANCE 7-2014: An ordinance authorizing the adoption of the Community Comprehensive Sustainability Plan prepared by EDDS (Economic Development Data Services) in August of 2013 was given third reading.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to pass Ordinance 7-2014 as read.  The vote: All yes.

An ordinance authorizing a Contract with Kenmore Construction of Akron for the Sweetwater Pump Station Project (WWT) recommendation by Engineer, Hazen & Sawyer, brings cost to $ 4,182,900 was given third reading.

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to table the ordinance.  The vote: All yes.

ORDINANCE 8-2014: An ordinance to Establish the Salary & Benefits for the Village Income Tax Administrator was given third reading.

COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to pass the ordinance as read.  The vote: Strausbaugh, no; Tharp, no; Fox, yes; Godwin, yes; Hilliard, no; Mackey, yes.  Mayor Schwab broke the tie with a yes vote.

ORDINANCE 9-2014: An ordinance adopting Ohio Basic Code - 2014 Edition and declaring an emergency was given first reading.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to suspend the rules 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 9-2014 under emergency.  The vote: All yes.

An ordinance amending 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, Curb and Gutter, and Sidewalks and declaring an emergency was given first reading.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD to suspend the rules requiring three separate reading and bring the ordinance forward for passage.  Council Member Mackey expressed his concerns with the sidewalks being included in the ordinance.  He feels it has a better chance of passing without the sidewalks.  Council Member Hilliard stated that without it on the ballot, there will be no money to fix the sidewalks.  He is also worried about the trees.  Council Member Hilliard also stated it may be better to have the sidewalks listed as maintain and repair existing sidewalks and not have construction of sidewalks.  The vote: Strausbaugh, no; Tharp, no; Fox, yes; Godwin, yes; Hilliard, yes; Mackey; yes.  Emergency motions require 3/4 affirmative votes for passage.  Motion failed.

An ordinance submitting to the electors at the primary election on May 6, 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, Curb and Gutter, and Sidewalks and declaring an emergency was given first reading.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER MACKEY to suspend the rules requiring three separate reading and bring the ordinance forward for passage.  Council Member Strausbaugh stated he could not support this because it failed on the November ballot and nothing has been done to prove to the residents that it will be used responsibly.  Council Member Hilliard understands some of what he is saying but also thinks it is irresponsible not to have it on the ballot.  He stated this is not a good way to start off with a new Village Administrator.   The vote: Strausbaugh, no; Tharp, no; Fox, yes; Godwin, yes; Hilliard, yes; Mackey; yes.  Emergency motions require 3/4 affirmative votes for passage.  Motion failed.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to draw up an ordinance appointing Robert A Pauley as the Brewster Village Administrator and declaring an emergency.   The vote: All yes.

ORDINANCE 10-2014: An Ordinance appointing Robert A Pauley as Village Administrator and declaring an emergency was given first reading.  (Mayor Schwab had provided a draft of an ordinance).

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to suspend the rules requiring three separate readings and bring the ordinance forward for passage.  The vote: All yes.

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to pass Ordinance 10-2014 as read.  The vote: All yes.

Council Member Fox brought up Ordinance #22-1992 which set the salary of the acting Village Administrator.  He feels this needs to be adjusted.  He is going to get some numbers and get to Council at the next meeting.  He would like to see a salary increase be made retroactive for the current acting Village Administrator.

From the Mayor: Draft of an ordinance authorizing a Loan Agreement with OPWCL/DEFA for the Sweetwater Project 0% Loan.

MUNICIPAL DEPARTMENTS:

Fire Department: Chief Ricky Patterson

Three officers will be at a conference from Thursday evening through Saturday evening.

The money from the sale of the Suburban should go back to the Fire Association since they originally purchased it.

Police Department: Chief Harry Porter

Donations from area businesses have been received to cover most of the costs of the response vehicle updates.

Financial Report = $ 469.75 - mostly fine money.  Council provided a copy.

January Monthly Report provided to Council.

The department was able to save the Village money by purchasing only one computer to replace the two that have been shutting down on the officers.

Council Member Tharp reported that Superintendent Bidlack commended the Police and Fire Departments for the actions at the recent fire at the elementary school.

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

COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to go into Executive Session for conference with Solicitor to discuss pending court action at 7:34pm.  The vote: All yes.

COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to exit executive session at 7:52pm.  The vote: All yes.

The Village received a letter from an Ohio Valley Energy attorney advising that their company does not need Council's consent to remove the minerals below the streets.  Solicitor McCallin is not convinced this is true.  Council Member Tharp asked if the legislation passed was just stating was Council would not sign the lease.  Solicitor McCallin stated that was what was voted on.  Council Member Tharp feels they are just posturing. 

AMP Partners/AMPGS Litigation – AMP v. Bechtel Mediation; an AMP coal fired generation plant cancelled in 2009; Brewster was a participant and is on the hook for part of the settlement.

COMMUNICATIONS:

Mayor provided a copy of a letter from American Legion Commander Lutz concerning purchase of Legion Building.  The Legion and the Village to have additional discussions.

Mayor provided to Solicitor an Ohio Valley Energy Attorney Letter advising that Village does not own the mineral rights below the streets in project area and a lease agreement with the Village is unnecessary.

Stark-Tusc-Wayne Solid Waste District: Solid Waste Management Plan comment period until 03/01/2014.  Council provided a copy.

Senator Frank LaRose Letter: Thank you for use of Village Hall on 01/18/14.

Council Member Tharp questioned notice requirements for committee meetings.

Council Member Hilliard asked that Solicitor McCallin let Council know the outcome of the Ahbay property auction.

VILLAGE ADMINISTRATOR: (New VA Rob Pauley to start on 2/24)

Rob Pauley: all preliminary pre-employment measures completed successfully, employment agreement is signed & he is exploring housing in Brewster area; email concerning an apartment in Massillon. Council provided a copy.  An ordinance is required to waive residency requirement.

Proposed Purchase costs of a computer for VA office; sized to provide GIS software capability (info from Clerk).

Proposed purchase of Road Salt thru the ODOT Cooperative Purchasing Program; requires passage of an ordinance (Council copy of a Draft); Supt Patterson requests that Council consider soon as the next shipment of 100 tons from Morton Salt is 02/24; Dept has 80 tons on hand; 220 tons has been spread to date.

BID Opening -  VFD 2002 Chevy Suburban BIDDERS:

                                                                    Mark Murdocco                      = $ 6500.00

                                                                    Greg Ziegler                            = $ 7144.55

                                                                    Yousef Dabbagh                     = $ 1208.00

                                                                    Gaudino Brothers                   = $ 1078.00

(Money recommended to be returned to Fire Assoc.)

VILLAGE MAYOR: Mike Schwab

State of the Village Report: Part II – Police, Fire, EMS, Street, Parks, & Village Hall. Council was provided financial numbers, proposed projects and recommendations.

Zoning Board of Appeals Meeting on 02/20 at 7 pm to consider a variance for Brewster Dairy to construct a 143’ X 70’ building adjacent to their manufacturing facility between Wabash and Harriman.  Variance for Front Yard Setback facing both streets.   100 feet required, 50’ on Wabash &  55’ on Harriman requested.

Village Hall remodel is progressing

Council Consideration: Draft of a Social Media Policy for Village was submitted to Council in 10/2012 (Council copy)

VILLAGE CLERK-TREASURER’S REPORT: Kris King

Remind Council to look over and sign the check register on the table. 

January financials.

Income Tax computer has been ordered. 

Village Administrator computer:  Two quotes provided for the computer and software.  He will also need a monitor and wireless keyboard and mouse.

Continuing to work with Scott Ankrom on the Water Pollution Control Loan Fund.

CJS Audit on February 12 @ 10:00 for grants the Police Department received.

First of the six AMP webinars was Thur., Jan. 30th at 10.  The recording will be available until the next meeting which is on Feb 13th. 

"VILAGE SPEAKS"

Council Member Hilliard stated that Brewster Parke had a complaint about the streets to the nursing home.  Supt. Patterson stated the four streets on the east side of North Wabash Avenue are the first streets to get plowed and salted.  The salt does not work below 15 degrees.  They spread 7 tons of salt on Thursday.  It didn't start working well until it warmed up on Friday.  Another issue is the rubber blades on the plows.  They slide over the ice.  The Village uses the rubber blades so not to damage and destroy the asphalt.  Council Member Fox stated he travels up and down everyday and does have problems but uses the smallest hill. 

Council Member Strausbaugh  had three unhappy residents about the remodeling.  They advised that the money could be spent on other things that could be done.  Council seems reckless with our money and remodeling is not a necessity when you want money for the streets. 

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.

Solar Planet a presentation to Utility Committee Minutes from 01/20.

Finance Committee met tonight to review Electric Dept’s lineman wage scale.  Council Member Hilliard stated they are going to wait for the new VA and let him and the Mayor make a recommendation.

VA Search – In reply to Council query: From Charley Bowman - VA Background (Council copy).  A detailed invoice for the $1,850 showed that previous employers had been visited and other extensive background queries were done.

Reminder – Stark RPC Law Seminar at Sippo is Saturday at 9 am in Gateway Building.

PROPOSALS PENDING:

Purchase of the American Legion Building.

From Mayor: Draft of a Village Employee Wage Ordinance for 2014, 2015, 2016; submitted to initiate discussion.

Sewer Rate Study Recommendation – Sewer Rate Increase (Info provided to Council in 07/2013 & on 12/02/2013).

OLD/NEW BUSINESS:

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to draw up an ordinance to purchase Road Salt thru the ODOT Cooperative Purchasing Program Edition as emergency legislation   The vote: All yes.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to draw up waiving the residency requirement for the Village Administrator.  Mayor Schwab asked if he could confidently tell Mr. Pauley to sign a lease in Massillon.  The vote: All yes.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to award Greg Ziegler the bid of $ 7,144.55 for the Fire Dept's Suburban and have the money go to the Fire Association.   The vote: All yes.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to permit the Clerk to spend up to $ 2,000 for the new VA's computer, software, and accessories.  The vote: All yes.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to purchase Christmas lights and decorations for the boulevard at a cost of $ 1,373.37 from the Parks and Grounds Fund.   The vote: All yes.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to draw up  an ordinance adopting the 2014 Permanent Appropriations.  The vote: All yes.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to draw up an ordinance for the Street Levy for the November election.  Council Member Tharp called point of order then rescinded.   The vote: Strausbaugh, no; Tharp, yes; Fox, yes; Godwin, yes; Hilliard, yes; Mackey, yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to draw up an ordinance authorizing a Loan Agreement with OPWCL/DEFA for the Sweetwater Project 0% Loan as emergency legislation.  The vote: All yes.

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to draw up an ordinance amending  Ordinance 22-1992 setting the salary for a temporary Village Administrator as emergency legislation.   The vote: All yes.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to draw up an ordinance submitting the Street Levy to the Board of Elections   The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to hold a Utility Committee work session on February 17th at 6pm.  The vote: All yes.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to hold a Neighborhood Watch meeting on March 11th from 7 to 8pm.  The vote: All yes.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to adjourn the meeting at 8:59pm.  The vote:  All yes.

Respectfully submitted,

_____________________________________

K. Kris King, Village Clerk-Treasurer

 

____________________________________

Mike Schwab, Mayor