August 18, 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 Asst. Clerk Joyce Cunningham followed by the Pledge of Allegiance.
MEMBERS PRESENT:
Mike Schwab, Mayor
Steven Tharp, Jr., Council Member
Dale Fox, Council Member
David Godwin, Council Member
Tom Hilliard, Council Member
Paul Mackey, Council Member
Joe Strausbaugh, Council Member
VILLAGE OFFICIALS PRESENT:
Al McCallin, Solicitor
Rob Pauley, Village Administrator
Joyce Cunningham, Asst. Village Clerk
VILLAGE EMPLOYEES PRESENT:
Harry Porter, Police Chief
Ryan Swan, Electric Lineman
Chris Colucy, Fire Captain
Mark Murdocco, Fire Captain
MINUTES FROM THE AUGUST 4, 2014 REGULAR COUNCIL MEETING:
Mayor Mike Schwab asked if there were any additions or deletions to the August 4, 2014 Council meeting minutes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to accept the minutes as read. The vote: All yes.
PRESENTATION OF BILLS:
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to accept the bills for the amount of $ 346,301.47. The vote: All yes.
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.
Ed Reidenbach, 224 W. Main St. wanted to know if a decision has been made on his sidewalks and trees. Council Member Tharp stated that the council would be having a sidewalk meeting on Sept. 15, 2014 at 6:30pm to discuss sidewalk damage in the village.
Others in attendance: Ray Heitger, Linda Taylor, and Amanda Cameron.
PRESENTATION OF GUESTS:
Nancy Brown of Vogley-Muskoff Insurance, stated the Village's liability policy is a renewal this year. She passed out the policies and asked the council members to take a look at it and if they had any questions. She introduced Janie Geis from Weichert Insurance who outlined the changes to the policy. The premium has only increased 2% for the renewal. Council Member Tharp stated that he will be calling for an Insurance Committee meeting on Aug. 25th. He asked Ms. Geis if she could attend the committee meeting. Health insurance will be discussed in the first hour. Liability insurance discussions will follow. Council Member Hilliard asked some question about waterline breaks. He referred to an incident in the Toledo area. Ms. Geis explained what pollution liability is, it is expensive and not covered on our policy. Council Member Mackey asked about the issue of festivals and carnivals, where we are at with our current policy. He would like these issues discussed at the Insurance Committee meeting.
CONSIDERATION OF ORDINANCES:
Third Reading: An ordinance authorizing a contract for casualty and liability insurance to Wichert Insurance Agency.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER ***, and motion carried to table the ordinance until after the Insurance Committee meeting on the 25th of August, 2014. The vote: All yes.
Resolution 33-2014: A resolution opposing the passage of State House Bill 5 (HB 5) and substitute State House Bill 5 (SUB HB 5) by the Ohio General Assembly was given third reading.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX to pass Resolution 33-2014 as read.
Council Member Tharp asked if anyone read the bill. Council Member Godwin stated that yes he had. Council Member Tharp laid out a number of reasons why the Village should support the passage of HB 5 and not approve this Village resolution.
Council Member Godwin stated the Village will lose money and the state's solution would be to raise taxes on the residents of Brewster to make up the money going to the state.
Council Member Fox asked what the percentage is in the bill or what the fee would be. Council Member Tharp stated they would take a portion of Village taxes that are collected.
Mayor Mike Schwab stated the Ohio Municipal League (OML) has determined this bill will cost the Village a portion of the Income Tax Revenue. The passage of this bill could possibly lead to a centralized tax collection system also.
The following vote followed the discussion: Tharp, no; Godwin, yes; Fox, yes; Mackey, yes; Hilliard, no; Strausbaugh, no. Mayor Schwab voted yes to break the tie. Resolution passes.
Third Reading: A resolution adopting the Village of Brewster's 2015 Alternative Tax Budget.
Mayor Schwab asked Council to table this at this time. We do not have the final figures for this at this time.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER and motion carried to table is ordinance. The vote: All yes.
Councilman Hilliard asked that when Clerk-Treasurer King gets these figures, if she could e-mail them to council.
First Reading: Approve a October 2014 Village Employee Health Insurance Contract with Ohio Public Entities Consortium.
First Reading: Adoption of Village Officials & Employees Ethics Policy; based on the Ohio Ethics Commission Model Policy.
Council Member Hilliard asked what it is. Mayor Schwab stated it is regarding a model from the Ohio Ethics Commission stating what is expected behavior from officials and employees. Mayor Schwab had provided copies to all Council Members a couple of meetings ago. He gave Council Member Hilliard a copy of the policy.
MUNICIPAL DEPARTMENTS:
Fire Department: Fire Captain, Chris Colucy
The Fire Department is asking permission to serve beer in the park for the Oktoberfest. Council Member Hilliard asked Solicitor McCallin if we had an ordinance regarding no alcohol in the park and if it could be amended for one day. Solicitor McCallin stated that they could grant a special permit. Council Member Tharp asked if that was true about underage drinking by firemen. Captain Colucy stated it was brought up to him, he addressed it and locked the beer trailer. Council Member Mackey told Captain Colucy there is an Insurance Committee meeting on the 25th, and this would be discussed. Council Member Fox asked what the age is to be on the department. Captain Colucy answered 18 years of age. Council Member Hilliard stated he received an unsigned letter and if someone had issues with the administration of the Fire Department, they should come to a council meeting. Council Member Godwin and Tharp spoke on the issue. It was discussed that this should be handled in a private way and that the Mayor is in charge of the Fire Department. Captain Colucy stated that the letter was not signed for fear of retaliation.
Police Department: Chief Harry Porter
Response team continues to train for school situations. Chief Porter asked for Council’s support in training. Council Member Tharp asked about the police coverage at the school. He asked if the other communities could pitch in for the cost for additional time for the School Resource Officer. Chief Porter stated that the school is in the village, it is our responsibility to cover it.
SOLICITOR: Attorney Al McCallin
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried that Council go into executive session at 7:44 pm to meet with Legal Counsel to discuss disputes involving the Village that are the subject to pending or imminent court action. The vote: All yes.
COUNCIL MEMBER HILIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to exit executive session at 7:58pm. The vote: All yes.
Solicitor McCallin recommended that Attorney Beck continue to be retained by the Village for legal issues.
Council Member Hilliard asked Solicitor McCallin about the village's rehiring of Asst. Clerk Joyce Cunningham. Council Member Hilliard stated that it is not costing the village anything. He then asked if that the Mayor can just do that. Mayor Schwab stated that upon the recommendation of the Clerk-Treasurer and that Council created the position of Asst. Clerk years ago.
COMMUNICATIONS:
Kenny & Jeannie Brediger of 612 Scioto: Thank you to Kris King and Rob Pauley for assisting them during a water leak in their new home.
Newspaper clippings: Brewster Machine closing & Journey of the FE transformer.
Council Member Hilliard brought up the 5K Run on August 23rd, at the Navarre YMCA, proceeds to benefit Miles that Matter.
Council Member Tharp attended a Legislative Breakfast at the YMCA.
VILLAGE ADMINISTRATOR: Rob Pauley
Administrator’s report for period 08/02/2014 thru 08/15/2014:
- Amherst St. paving project - Advertise 8/27 & 9/3 with bid opening on 9/11 at noon. Award legislation will be needed for the September 15th council session.
- FirstEnergy transported the second of 2 transformers for the Harmon Substation, Transport had no incidents.
- Mosquito fogging (adulticide) continues as needed & weather conditions permit.
- Public Power took delivery of new bucket truck. Lettering/taping to be accomplished this week. School zone flashers have been turned on (Village - 7th St. ODOT - US 62).
- Public Power worked with Wheeling & Lake Erie Railroad to remove 12 pole powerline for far west rail area. W&LE is installing a new switchyard track. Support was provided on this past weekend to accommodate W&LE construction schedule & minimize impact/disruption within the Village. Project will be billed for time & materials fully loaded at 1-1/2 for manpower.
- Met with Hazen & Sawyer, Kenmore Construction, Ohio Well Drilling (sub to Kenmore Construction), Brewster Dairy, WWTP and WT staff for concerns related to construction area de-watering well points and potential impact on Brewster Dairy's production water wells & village public water system water wells.
- Reminder - Utility Committee meeting of September 2, 2014 at 6:00pm. AMP will present the power supply planning and forecast for the Village.
- Reilly Sweeping will be in on Aug. 26th, weather permitting, to do a street sweeping.
- For a limited time, Efficiency Smart is making appliance recycling even more rewarding for residential customers of Brewster Municipal Electric. Schedule a FREE pick-up of a working refrigerator or freezer by August 31, and you’ll receive $60 for recycling your unit. Plus, you can enjoy savings of up to $150 a year on your utility bills! Call 855-695-5296 or visit efficiencysmart.org to schedule.
- Efficiency Smart, the Village of Brewster’s partner in providing energy efficiency services to its utility customers, will hand out FREE compact fluorescent lights (CFLs) and energy efficiency information during an electric utility customer appreciation event on Friday, September 12 and Monday, September 15 from 9:00 a.m. - 4:00 p.m. at 310 Wabash Ave S. Offer only valid while supplies last.
Council Member Tharp had gotten a call from the Vice President of Brewster Dairy
concerning the CRA. Wants to get it done. Council Member Tharp asked VA Pauley to follow up with the Dairy tomorrow.
Council Member Hilliard asked if there had been a call reporting a noise last week at Brewster Dairy. There was a problem releasing pressure. It had been a tank problem. Council Member Hilliard was given Lonnie Via's phone number.
Council Member Hilliard asked about the quotes for the garage roof. VA Pauley
stated that he would have the 3rd quote by the end of the week.
Council Member Strausbaugh asked VA Pauley what was taking so long on the northside pressure situation. VA Pauley stated that he has readings from Hazen & Sawyer.
Council Member Hilliard asked about the waterline going thru the underpass. VA Pauley stated the line was constructed in 1968. There was discussion on getting it replaced before the repaving of State Route 93 in 2015. Council Member Hilliard says that this should included in the 2015-2016 budget.
Mayor Schwab asked VA Pauley to explain what was going on at the sewer plant.
VA Pauley explained that when they excavated, they hit a sand pit. They are dewatering. Trying to keep the ground level at 3 ft. below the excavation. Concerns that the water is coming in too much too fast, and what impact this will have on the Dairy or the Village. They will be pumping thru October. Dairy is aware. All entities are working together. Council Member Tharp asked it there was a back up plan? If the Dairy sees any issues, the pumping will be reduced.
Council Member Godwin asked about solar power. AMP is approaching us as a possible solar site. VA Pauley advised that the Village does not own a property with a large enough area.
Council Member Hilliard brought up the playground equipment. This should be taken care of soon. Action on these issues should be handled at the committee meeting. Discussion on taking out and replacing equipment. Trees were discussed. Mayor Schwab brought up that some of these issues need to be moved on.
Mayor Schwab stated that VA Pauley indicated that the handicap swing needs a lot of room. Mayor Schwab suggests that they go to the park soon and decide where it can be installed. Stake out the area. Concrete will have to be installed. Concerning the trees, our guys can handle the taking out of the trees.
VILLAGE MAYOR: Mike Schwab
Mayor Schwab provided Council Member Hilliard and Strausbaugh with a letter of appreciation for Chuck Hawk and his family for their signatures. He would like to continue to do Thank You letters to the businesses in the village. This should be done while the businesses are active and thriving in our village not as they close down. He would like to continue sending letters in an alpabetical order to all businesses. He presented letters to be signed for Belloni Foods and Brewster Parke.
Next is the job description project. There are 22 position descriptions completed.
VA Pauley talked about the Amherst 2014 project. He is asking that council draw up an ordinance to award a contract after the bidding phase.
VILLAGE CLERK-TREASURER’S REPORT: Kris King
Codification project is progressing.
Working with Solicitor on a public records request.
REMINDERS:
The Fairless Food Cupboard is in need of non-perishable food donations. There are boxes in the entrance to Village Hall for donations.
The 2014 Arts on the Boulevard is being planned for September 27, 2014. Applications are available in the Clerk's Office.
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 Tharp: Council had a Employee Work Session this evening at 6 pm.
Establishing job descriptions are critical for future wage proposals for accurate wages.
Councilman Mackey to attend County CDBG Work Shop on Village's behalf.
Reminder: September 2nd /6 pm - Utility Committee with AMP Reps for a Power Supply Review
September 15th/6:30 pm - Street/Sidewalk Committee Work Session
EXPENDITURE REQUESTS from past Meetings:
Fairless Youth Football Association: Donation application; requesting $500.
PROPOSALS PENDING:
1. From VA: Employ consultant to review In-House update of employee job descriptions & employee wage structure.
2. From Mayor: Request Council’s direction to allow the Village to maintain a three man electric department with the impending retirement of the Electric Superintendent.
3. From Mayor: As mentioned previously by Councilman Tharp, an Economic Development project to explore the formation of a Brewster Business Association; would suggest a meeting w/Merchants as part of #4 below.
4. From Mayor: Installation of Brewster Marketplace signs - cost & info provided on 08/04.
Purchase of Legion Building; Legion declined Council's March 21, 2014 proposal;
Options - revise Village offer, sell land to Legion, or advise of no further interest
OLD/NEW BUSINESS:
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to retain Atty. Beck for legal issues. The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to authorize an ordinance awarding the bid for the 2014 Amherst St. Paving Project. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to donate $500 to the Fairless Youth Football Association. The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to schedule a Parks & Grounds Committee meeting on Monday, Sept. 8th, 2014 at 6:30pm at the second pavilion. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to have an Insurance Committee meeting on 8/25 at 6:00 pm to discuss liability insurance and the employee health care proposal. The vote: All yes.
COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to the hire Barkan & Assoc to review In-House update of employee job descriptions & employee wage structure with the cost to be distributed among associated funds. The vote: Tharp, yes; Godwin, yes; Fox, yes; Mackey, yes; Hilliard, no; Strausbaugh, yes. Motion Passed.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to send a letter to the Legion advising them that the Village is no longer interested in purchasing the Legion building. The vote: All yes.
Council Member Tharp asked Mayor Schwab if he had talked to any businesses. The Mayor would propose to invite the businesses to sit down and have a meeting to involve them. Mayor Schwab said that he thought Council Member Tharp would head this up. Council Member Tharp stated that Brewster Friends Church could host a meeting.
Council Member Strausbaugh read his letter of resignation from Council that was effective tonight, 8/18/2014. Mayor Schwab asked if Council wanted to take any action.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to accept Council Member Strausbaugh's resignation. Council Member Tharp stated that Councilman Strausbaugh’s insight would be missed and thanked him for serving. Mayor Schwab thanked him for his service as did Council Member Godwin. The vote: Tharp, no; Godwin, yes; Fox, yes; Mackey, yes; Hilliard, yes; Strausbaugh, abstain. Motion passed.
Councilmember Godwin asked that in light of the situation, should an ad be placed for a 6th council person.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to seek resumes. Council has 30 days to fill the position, after which it becomes the Mayor's responsibility. Applications accepted until 9/5/2014 and schedule a Special Council Meeting on 9/8/2014 at 7 pm to conduct interviews for the open seat and to consider an appointment. The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to adjourn the meeting at 8:57 pm. The vote: All yes.
Respectfully submitted,
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Joyce Cunningham, Asst. Village Clerk
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Mike Schwab, Mayor