February 17, 2014 - Meeting Minutes

MINUTES

BREWSTER VILLAGE COUNCIL

February 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.

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

VILLAGE EMPLOYEES PRESENT:

Mike Maybaugh, Sewer Superintendent

Rick Patterson, Fire Chief and Street Superintendent

Jim Spivey, Village Technician

MINUTES FROM THE FEBRUARY 3, 2014 REGULAR COUNCIL MEETING:

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

COUNCIL MEMBER THARP 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 $ 42,289.87.  Council Member Hilliard asked about a $50 late fee for KWH filing,  Clerk King explained that the State is now enforcing the ORC code that states that the kWh report must be filed by the 20th of the following month.  Unfortunately the report can not be generated by the utility office until the 22nd or 23rd of each month. There will probably be another fee in February for December.  Starting in January, the clerk will file the report before the 20th and an adjustment will be made later if needed.  Council Member Hilliard asked why additional concrete blocks had been purchased for the salt barn.  Supt. Patterson explained they were used to divide the barn to better judge how much salt was in the barn.  Council Member Hilliard questioned the $156 for pants.  It was explained that these are fire resistant pants as required by OSHA for the Electric Dept.  Council Member Hilliard questioned the Star America bill for tires and repairs.  Clerk King stated the tires were purchased for the Police Dept. under the Ohio Co-Operative Purchasing Program and the repairs were for the 1 ton dump truck.  Council Member Hilliard wanted to point out that another $ 2,511 was spent on the Electric Garage.  The vote: Tharp, no; Fox, yes; Godwin, yes; Hilliard, yes; Mackey; yes Strausbaugh, no.

AUDIENCE:

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

CONSIDERATION OF ORDINANCES:

First 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, Curb and Gutter, and Sidewalks; for November Ballot.

First 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, Curb and Gutter, and Sidewalks.

First Reading: Authorize Permanent Appropriations for 2014. (Council copy for Review during three readings).

First Reading: Authorize a Residency Waiver for Village Administrator Robert Pauley.

ORDINANCE 11-2014:  An Ordinance authorizing the Village to participate in ODOT Cooperative Purchasing Program for Road Salt and declaring an emergency was given first reading.

COUNCIL MEMBER THARP 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 THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to pass Ordinance 11-2014 as read.  The vote:  All yes.

First Reading/Emergency: Amend Ordinance 22-1992 to modify salary of the Acting Village Administrator.

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER MACKEY to suspend the rules requiring three separate reading and bring the ordinance forward for passage.

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER MACKEY to insert the annual wage of $ 36,088.  Council Member Strausbaugh stated he thinks it should be the 70% of the Village Administrator's wage that Council Member Fox used to figure the dollar amount.  Council Member Tharp asked if 70% of the acting VA's time is occupied by VA duties.  Was he okay with the current pay and has he been made aware of this ordinance being brought up?  Council Member Hilliard stated it needs to be corrected but not as an emergency.  The vote on the amendment: Tharp, no; Fox, yes; Godwin, yes; Hilliard, yes; Mackey, yes; Strausbaugh, no.

The vote on the suspension of the rules: Tharp, no; Fox, yes; Godwin, yes; Hilliard, no; Mackey, yes; Strausbaugh, no.  Motion failed.  Council Member Tharp asked if this ordinance could continue with three readings.  Mayor Schwab stated the ordinance was requested to be drawn up as an emergency so it was not able to go any further.  Council Member Mackey stated it still needs to be made retroactive.

ORDINANCE 12-2014: Authorize a OWPC loan agreement for Sweetwater Pump Station Project (0% over 20 years with $ 257,525.18/year payment) and declaring an emergency was given first reading. 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to suspend the rules requiring three separate reading and bring the ordinance forward for passage.  Council Member Hilliard asked if the new VA was going to sign this.  Mayor Schwab replied that he would.  The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to pass Ordinance 12-2014.  The vote: All yes.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to untable the ordinance awarding a $ 4,182,900 contract with Kenmore Construction for Sweetwater Pump Station.  The vote: All yes.

ORDINANCE 13-2014: An ordinance awarding a $ 4,182,900 contract with Kenmore Construction for Sweetwater Pump Station was given third reading on 2/3/14.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to pass ordinance 13-2014.  Council Member Hilliard asked if a 2% sewer rate increase would cover the cost of this loan.  Supt Maybaugh explained how the fund would sustain given different scenarios.  Council Member Strausbaugh stated that the increases had been brought up before and how ignoring the need can cause large increases at a later date.  Supt. Maybaugh stated Akron had a 70% increase this last year.  Supt. Maybaugh stated a preliminary construction meeting is planed for the beginning of March.  The vote: All yes.

Council Member Tharp was going to introduce a resolution for a young man named Collin that has a disease called Asperger's Syndrome.  It affects his facial expressions and he is made fun of at school and eats lunch alone everyday.  His mom started a facebook page in hopes of 100 "likes".  So far he has received over 1.9 million "likes".  He would like to have a resolution to encourage him and wish him a happy birthday.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER STRAUSBAUGH and motion carried to draw up a resolution wishing him a happy birthday and encourage him to do well in school.  The vote: All yes.

Council Member Hilliard asked if the new Village Administrator will be sworn in.  Mayor Schwab stated that Solicitor McCallin thought it would be best.

Council Member Tharp stated he had concerns on the Income Tax Ordinance.  He feels the trees and the sidewalks need to be removed.  Council Member Hilliard stated it was to be changed to maintenance and repair of existing sidewalks.  Council Member Tharp asked what the incentive is for residents without sidewalks to vote for the levy.  Council Member Hilliard stated the streets was their incentive.  He stated that there needs to be money set aside to fix the sidewalks.  He feels if a tree planted by the Village that the Village is 100% responsible for the repairs.  He stated all of Council needs to get out there and sell this levy.  He also stated that the sidewalks may only be minimal such as $2,000 of the levy.  Council Member Tharp stated he is not going to sell anything he doesn't agree with.

MUNICIPAL DEPARTMENTS:

Fire Department: Chief Ricky Patterson

Email from Capt. Jen Mohler: Ohio EMS Grant will purchase two tablets for the ambulances.  They will need data plans at a cost of $39.99/month.  Council Member Tharp stated he thought this was a great thing and recommends getting the insurance on the tablets.  Capt. Maybaugh stated that he was told that no information is stored on the tablet so there is no problem with identity theft or other information getting out.  Council Member Strausbaugh stated that the Fire Department is one of the biggest assets of the Village and he really appreciated it.

Chief Patterson stated both squads had been aligned.  The oldest one is going to need new springs at a cost $850 - $1,000 next time.

Police Department: Chief Harry Porter

Chief Porter provided a newspaper article of a recent arrest.

Street Department:

Supt. Patterson provided quotes for a Compact Wheel Loader and a Mini Hydraulic Excavator after Council Member Hilliard brought it up at the last meeting.  His proposal is to trade-in the backhoe for $ 58,000 towards the $ 158,163 cost of the two new pieces of equipment.  He would like to put $ 50,000 from four departments that will get use out of the equipment and get a 1% Municipal Lease for seven years at a cost of $ 770/month.  Council Member Hilliard has noticed other departments running around town in the backhoe and wanted to know what if some else needs the backhoe.  Supt. Patterson stated they use it as a front-end loader and this new equipment will satisfy those needs.  Council Member Tharp stated that Council's responsibility lies with - do we need, can we afford it?  Supt. Patterson stated this is a very generous trade-in.  Council Member Mackey asked what the bottom line is for the purchase of this equipment?  Supt. Patterson stated $ 100,000 - $ 770/month for seven years.  Council Member Strausbaugh asked where it was being purchased from.  He also asked about a lube system, it costs around $5-6,000.  Where he works they have done this.  Supt. Patterson stated his department takes great care of the equipment and doesn't feel this expense is necessary.  The reason the trade-in was so high is because of the care that had been taken of the backhoe.  The dealer stated it was very well taken care of.  Council Member Tharp asked if there was an immediate project that it was needed for.  Supt. Patterson stated they will be used for waterline projects, clean ditches on Chestnut Street, and the Main Street ditch.  Mayor Schwab asked if the purchase was through the Ohio Purchasing Program.  CAT is part of the program.  Supt. Patterson stated if Council will be seriously considering this purchase the dealer will bring the equipment down for a demonstration.  Council Member Tharp stated he has no problem with the purchase.

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

COMMUNICATIONS:

AMP – Northeast Ohio AMP Service Group (NEASG); groups power usage in 2013 decreased 0.2%; Brewster’s increased by 4.1% to 54,111 MWh; 22 members in NEASG; Cuyahoga Falls largest & Lucas the smallest.

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

Dan Klein: Reilly Sweeping Quote - $ 2064 for April/Spring Clean Up, $ 1790 prior to VFD Festival; and $ 1517 each for July 4^th, Labor Day, & Thanksgiving  (Thanksgiving sweeping cancelled in 2012 & 2013).  Council provided with a copy.

Dan Klein: Resolved all issues with Roseman Construction, Electric Garage contractor.

Dan Klein: Consolidating three department refuse contractor (dumpsters) under one provider.

Rob Pauley signed house lease in Massillon on 02/15; will move in on 02/20; will start in Village on 02/24.

First Energy purchase is moving along well.

VILLAGE MAYOR: Mike Schwab

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 Chambers is next; expenses can be tracked on Village bills under Capitals Projects; Total to date from tonight’s bills = $ 5842.89.

Ohio Valley Energy proposed Well Zearley Unit 1D: Contacted their attorney to request copies of plats that would provide them with mineral rights to center of streets.

Some Recommendations from Mayor’s State of the Village Report (See Council Handout)

• ·         Modest Water Rate increase with new revenue for Water infrastructure (Water Replacement Fund).
• ·         Modest Sewer Rate increase as proposed by Hazen & Sawyer for new pump station debt & future sewer infrastructure needs.
• ·         Create an Electric Capital Project Fund for street lighting, smart meters, & infrastructure needs.
• ·         Temporarily curtail transfers to Recreation Fund & place those dollars into the Street Resurfacing Fund.
• ·         Handout – Review of Village Fund Transfers.

VILLAGE CLERK-TREASURER’S REPORT: Kris King

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

Income Tax computer has been updated and is ready.

Village Administrator computer has arrived.  Computer, software, monitor, wireless keyboard and mouse, and extra ink cartridges total $ 1,819.28.

CJS Audit on February 12^th went well.  Awaiting compliancy letter.

Bids for our biennial audit are due by February 19th.  After that we should be contacted by an independent auditor to schedule the 2012 and 2013 audit.

Fire pay for January is $ 3,877.06.

"VILAGE SPEAKS"

Nothing to report.

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 Fox: Utility Committee Work Session tonight at 6 pm: Discussed LED lighting.

Council Member Hilliard: Finance Committee minutes from 02/03.

Stark RPC Law Seminar last Saturday – Council Member Mackey and Council Member Fox attended.  It was condensed but very interesting.  You always take something from away from these sessions.  Both Councilmen stated they would attend it again.

Reminder Neighborhood Watch Meeting on March 11^th at 7 pm.

AMP Academy: Part II concerned education for governing bodies; copy of PowerPoint presentation emailed to Council for review; Duties, Responsibilities, & Obligations in operating an Electric Utility; Investor Owned Utility’s primary responsibility is to its stockholders; Public Power’s primary responsibility is to its customers.

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). 

From Mayor: Draft of a Social Media Policy for Village was submitted to Council in 10/2012 & 02/03/2014.

OLD/NEW BUSINESS:

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to schedule a Street Committee meeting on March 17th at 6pm to discuss the Street Improvement Levy, which streets should be addressed this year, and any other street related topics.  The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to pay the firemen wages in the amount of $ 3,877.06 from the Fire Fund.  The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to draw up an ordinance to create an Electric Capital Projects Fund.  The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to approve the data plans for the squads at a cost of $39.99 for each tablet and also purchase the insurance for the tablets from the EMS Fund.  The vote: All yes.

Council Member Tharp asked if the street sweeping needed to be approved tonight.  Mayor Schwab stated it is not an emergency and could wait the two weeks as Council Rules require.

COUNCIL MEMBER MACKEY MOVED to approve the purchase the Compact Wheel Loader and a Mini Hydraulic Excavator, it was stated that an ordinance will have to be drawn up for the purchase and since it is not an emergency, it should wait until next meeting.

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER MACKEY to draw up an ordinance making the acting Village Administrator's annual salary $ 36,088.  Council Member Hilliard asked if this was to be made retroactive for the current acting VA.  Council Member Fox stated that is how he wishes it to be drawn up.  Council Member Hilliard asked what wage Dan Klein was told the position paid when he accepted the position.  The wage was $ 17,000.  Council Member Mackey stated this was just a couple of bucks and we just hired a new VA for a lot more money than the last VA.  Nobody knew what the pay scale was.  A lot of our pay scales are antiquated.  If he is doing the job he accepted, we should do it in good faith, either do it now or not at all.  Council Member Hilliard stated the Police Department has officers getting grants and get nothing for that, he wants to wait until the end of the year then give bonuses.  It was asked if Dan Klein was aware of the possible increase when he accepted the position and it was stated the ordinance came later.  Council Member Mackey stated that now that he knows this he feels the wage should stay where it is.  The vote: Tharp, no; Fox, yes; Godwin, yes; Hilliard, no; Mackey, no; Strausbaugh, no.  Motion failed.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER MACKEY to draw up an ordinance increasing the employee wages for 2014.  Mayor Schwab asked what he wanted it to say.  Council Member Godwin stated that it should say the 2014 employee wages should be as follows and fill in the details as they are worked out.  Council Member Godwin stated it had been put on hold until the insurance was taken care of.  The insurance was taken care of in December and it still has not been brought up.  If we don't get it going it will never get done.  Council Member Tharp stated that this is traditionally by the Employee Committee.  He stated he has no problem the ordinance being drawn up as long as there are details.  Council Member Mackey would like to see the ordinance for employee wages, benefits, etc. reviewed and brought up to date.  From what he has read, some of it is all over the board and who knows how old some of it is.  There are stipends, longevity, bonuses, licenses, it is hard to make sense because it is different for all the different departments.  He thinks it should be reviewed with the new VA and the Mayor.  Council Member Tharp stated he thought it was Council Member Huff that brought up that it should be reviewed by a professional.  Council Member Tharp stated he did know about anyone else, but he did not have the qualifications or the skill set to do it. He thinks we should put our money where our mouth is and invest some money in it.  Council Member Mackey stated if the VA and the Mayor agree to it than he would have no problem with having a third party look at the wage scale and structure of it.  Council Member Tharp asked Council Member Godwin if he already had a meeting on the 17th at 6pm and if he planned on using the whole hour.  Council Member Godwin stated he could probably get his topic covered in a half an hour.  Council Member Hilliard stated the Employee Meeting would probably take two hours.  Council Member Mackey stated it should not take that long to possibly get a consultant to get us started and work with us.  He is not qualified himself.  He has read and feels he is in the dark after reading.  Godwin offered to go at 5:30 so the Employee could have an hour.  The meeting had already been voted on.  Council Member Fox stated it is not the right time to do the ordinance.  The last Council took six or eight months for the last Council to hash out the details.  That is why you want to work out the details first.  Do the preliminaries then do the ordinance.  Council Member Hilliard stated you want to figure the percentage and make sure the money is there.  Council Member Fox thinks there will be too many blanks to fill.  The vote: Tharp, no; Fox, no; Godwin, yes; Hilliard, no; Mackey, no; Strausbaugh, no.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to have an Employee Committee meeting to discuss employee wages on March 17th at 6:30pm.  Council Member Hilliard stated we already have an hour meeting scheduled.  How can we take 1/2 hour of that meeting.  Godwin stated he would give up the last half hour.  Council Member Godwin stated we've had time to discuss this.  When it was time to raise the employee insurance contribution amounts it took seven minutes and didn't think anything of it.  Now that raises are coming up, it is getting kicked down the street.  We have to do something because this is not right to our employees.  The last people that are taken care of, we took the money from them for insurance.  You have to take care of the people that take care of the you and they are the ones taking care of the Village.  It is not us doing any of this, it is the workers.  Council Member Hilliard stated remember that the insurance went up 15% and the employees wanted to keep that insurance.  We absorbed 9% of that increase.  You're just looking at raises, raises, raises.  IT was a lot of money.  Why are you even looking at it right now, why aren't you looking at 2015 and go with a 4% or 5% raise.  Why do you think you have to throw money at them right now.  He has not had one employee come up to him and say he needs more money.  All you want to do is throw money.  Council Member Godwin and Council Member Hilliard were speaking at the same time then Council Member Hilliard stated he was going to be the third no.  Godwin said fine, you can be the tenth vote on the no's, you don't ever want to give anyone nothing.  They argued and the Mayor asked them to calm down a little bit.  Council Member Mackey stated he agreed that it needed to be addressed and it is long overdue.  He wants Godwin to work with him and make sure it gets done right, done fairly with whatever input is needed.  As long as it is done fruitfully and not just another wasted effort.  He wants the proper input from the proper individuals and we are going to do this in a fair and equitable way that we won't hear the complaints that we are hearing the complaints from.  Council Member Tharp wants to echo the comments of Council Member Mackey.  He voted yes for the last pay raise.  Some didn't agree with him.  He was glad to hear of the fruitful process but with six people it sometimes has a way of dragging out.  But hopefully with a good faith effort we can come to a compromise.  The vote: Tharp, yes; Fox, yes; Godwin, yes; Hilliard, no; Mackey, yes; Strausbaugh, yes.

Council Member Fox asked who had a key to the Wandle House in case of a tornado.  He feels there should be one in the patrol car.  Dave Duff has a key as disaster coordinator.  Chief Patterson suggested a Knox Box.  Mayor Schwab asked the cost of a Knox Box.  Chief Patterson thinks they are $200-$300 but will get a price.

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to adjourn the meeting at 8:37pm.  The vote: All yes.

Respectfully submitted,

_____________________________________

K. Kris King, Village Clerk-Treasurer

____________________________________

Mike Schwab, Mayor