September 15, 2014 - Meeting Minutes
OATH OF OFFICE:
Chuck Hawk was sworn in as Village Council Member by Solicitor Al McCallin.
Brewster Village Council met in regular session with Mayor Mike Schwab presiding.
7:00 P.M. – CALL TO ORDER
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to excuse Council Member Dave Godwin from this evenings meeting. The vote: All yes.
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
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
MINUTES FROM THE SEPTEMBER 2, 2014 REGULAR COUNCIL MEETING:
Mayor Mike Schwab asked if there were any additions or deletions to the September 2, 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.
MINUTES FROM THE SEPTEMBER 8, 2014 SPECIAL COUNCIL MEETING:
Mayor Mike Schwab asked if there were any additions or deletions to the September 8, 2014 Special Council meeting minutes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to accept the minutes as presented. The vote: 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 $ 339,723.97. 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.
No one from the audience spoke.
Others in attendance: Ray Heitger, Josey Petz, Brittney Fort, Peg McCune, and Cindy Mackey.
PRESENTATION OF GUESTS:
There were no guests.
CONSIDERATION OF ORDINANCES:
ORDINANCE 37-2014: An ordinance approving a contract for the Village Employee Health Insurance with Ohio Public Entities Consortium Healthcare Cooperative (OPEC-HC) through Ohio Public Insurance Services Agency was given third reading.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to pass the Ordinance 37-2014 as read. The vote: All yes.
Council Member Tharp discussed the meetings he had with the employees and went over the new plan. Council Member Mackey stated he and Council Member Fox were also on the committee and information concerning the plan was not shared with the other committee members. He stated he has time to do his own research and feels comfortable with this decision but this is the second time in the last month that Council Member Tharp has taken an important decision upon himself without keeping everyone up to speed. Council Member Mackey stated there should have been a committee meeting. Going forward Council needs to have committee meetings prior to the second and third readings so they are able to make their own educated decisions. Council Member Tharp agreed with everything that Council Member Mackey that there should be committee meetings but felt this was dropped on his lap with a short amount of time to make a decision. He stated that the liability insurance renewal was also on a limited time schedule. Council Member Hawk stated he was lost on why this had to be such a rapid process. In his business experience, he always has had ample time to make a decision. He wanted to know if this was a savings and this is why the rush. Council Member Tharp described the consortium and the savings for the Village. Council Member Hawk stated he would have liked to have had more time.
ORDINANCE 38-2014: An ordinance adopting a Village Officials & Employees Ethics Policy; based on the Ohio Ethics Commission Model Policy was given third reading.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to pass Ordinance 38-2014 as read. The vote: All yes.
First Reading: An ordinance to authorize amending and appropriating $ 4,700,000 to the Sewer Fund.
First Reading: An ordinance to authorize corrections to Ordinance 21-2014 which modified the sewer rates and charges.
AMHERST STREET BID OPENING:
Northstar Asphalt, Inc.: Base Bid: $66,960 Alternate #1: $5,260 Alternate #2: $2,430
ORDINANCE 39-2014: An ordinance to Authorize a Contract with Northstar Asphalt Inc. for the 2014 Amherst Street Improvement Project was given second reading.
COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to modify the ordinance to include curb and gutter replacement (alternate #1) and catch basin replacement (alternate #2). The vote: All yes.
Council Member Hilliard stated he had received concerns about the cost of the street when it is not a well traveled area. He wanted it put in the record that it was engineered and that it would be done correctly. VA Pauley discussed how it would be ground down and have a 2.5 inch base with a 1.5 inch overlay. Council Member Fox stated that by doing it this way it should last 25 years. VA Pauley stated that if it was done cheaply with just the overlay, we would have another mess in just 3 to 5 years. Council Member Hilliard wanted assurance that there would be full time inspection over the project and wanted either VA Pauley or Supt. Patterson would be onsite at all times. VA Pauley indicated that full time construction inspection was included in the engineering services. Council Member Tharp stated he was concerned that it was just one road and would rather stretch the funds. Council Member Mackey stated that if it wasn't done this way, it would fall apart like Dartmouth Street. Council Member Tharp stated he has reservations.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to suspend the rule requiring three separate reading and bring the ordinance forward for passage. The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to pass the ordinance under emergency in order for the Village to have the project completed before winter. The vote: Hilliard, yes; Mackey, yes; Tharp, no; Fox, yes; Hawk, yes.
MUNICIPAL DEPARTMENTS:
Fire Department: Fire Chief Rick Patterson(absent)
Chief and Captains will meet with the Mayor on Tuesday at 5:30 pm at the Fire Station, members of the Safety Committee are invited if interested.
Police Department: Chief Harry Porter(absent)
Mayor has asked the Chief to curtail the Police Department's OVI Checkpoint Program participation in order to reassess.
Attorney Tscholl's review of Police Department issue continues; a recommendation is expected in the near future.
Monthly statement to Council: $ 531.75 in police reports and court fines.
Council Member Hilliard asked if the Police could direct traffic at 7th Street and Route 62 after the football games.
Council Member Tharp asked the Mayor why he wanted to reassess the OVI Program. Mayor Schwab stated an arrest was made that he was not comfortable with.
Council Member Hilliard asked if the Police issue would be resolved in 7 days, 14 days? Mayor Schwab expressed that is what he is expecting.
Council Member Tharp asked at what point administrative leave pay ends. Mayor Schwab stated that the current intent is that it would end when the report is received. Solicitor McCallin stated all discussion on this matter should be in executive session but he expects the Village will make appropriate notice.
SOLICITOR: Attorney Al McCallin
Solicitor McCallin stated that Attorney Chapanar has presented him with a contract for renewal with the Village. This contract states that he will have an Assistant Prosecutor and that she will be paid by Attorney Chapanar and be no cost to the Village. The financial package is the same as last year.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to go into executive session to consult with legal counsel to discuss the Walker litigation that is subject to pending or imminent court action at 7:49 pm. The vote: All yes.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to exit executive session at 8:03 pm. The vote: All yes. No action was taken.
COMMUNICATIONS:
AMP provided Council with the 2013 Report on Sustainability.
LOGIC Board (RED Center Dispatch) meets on 10/02 at 7 pm. Police Dept. and Fire Dept. Chiefs and Mayor are planning to attend.
Fairless Supt Bidlack has requested permission to have one or two banners promoting Fairless Schools across Wabash Avenue; we would hang the banner. Council was provided a copy.
Request from Tattered & Worn to remove "15 Minute Parking" sign in front of their store; Mayor suggests thetemporary hooding of sign by Council motion while an ordinance is reviewed.
Fairless Food Cupboard “Christmas Toy Distribution” will take place on November 20th at Brewster Methodist Church. Donations request form is recommended. Council has a copy of the flyer.
VILLAGE ADMINISTRATOR: Rob Pauley
Administrator’s report for period 09/03/2014 thru 09/12/2014:
- Amherst St. paving project – Bids opened 9/11 at noon. Northstar Asphalt, Inc. submitted the lowest bid: Base Bid - $66,960.00, Alternate 1 (curb & gutter replacement) - $5,262.00, Alternate 2 (catch basin replacement) - $2,430.00. Recommend that the Amherst Street Resurfacing project be awarded to Northstar Asphalt, Inc. for base bid with alternated bids 1 and alternate bid 2. (engineer’s recommendation attached) Total $74,652.00. The project is to be completed by October 31, 2014 following notification by the Village for the Contractor to proceed. Currently there are Street Improvement funds of $75,676.00 available; and Street Resurfacing funds of $82,980.00 available.
- With GPD inspector and Supt. Patterson, conducted intermediate excess-wear inspection on Elm St. for the Zearly Unit 1-D (Ohio Valley Energy well driller) project. 1 area of concern in the down-slope east end of pavement. Warranty period considered to begin 1 September and run for 1-year. Final excess wear inspection to be conducted at that time. All costs for inspections/reporting are reimbursable to the village from OVE.
- Public Power worked with Wheeling & Lake Erie Railroad for additional pole powerline relocation and re-energizing. 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 1-1/2x for manpower.
- Received request from Tattered & Worn for removal of 15-minute parking sign at the former Pizza Paradise storefront. As parking restrictions (location, duration, and special limitations) have been done by ordinance, suggest that a review of the parking limitations/designations for the downtown area be accomplished by the Street & Sidewalk Committee. Note: as part of the codification project, American Legal (AMLegal) will have collected all legislation that has been adopted for all parking limitations/designations.
- Barkan & Associates (John Barkan) will be at the October 6, 2014 council meeting to layout the general timeline/schedule for the employee – position audit interviews.
- Fall village cleanup – drop-off at Streets Dept. area week of October 6-9, 2014. Electronics, household hazardous waste, tires, paints are not accepted.
- Sweetwater pump station project, next progress meeting scheduled for September 18th.
- Muskingham Ave. NW pressure evaluation – followup, water department completed hydrant pressure reading throughout the entire distribution system. The Recommended Standards for Water Works apply to public water main, not to individual service connection. The pressures are consistent with and exceed the requirements listed in The Recommended Standard. The recommendations in the October 2013 Hazen & Sawyer report are still valid for the individual service connections.
- Efficiency Smart, the Village of Brewster’s partner in providing energy efficiency services to its utility customers, conducted a CFL give-away on 9/12 & 9/15. They will also be present at the Arts on the Boulevard event (September 27th).
Council Member Hilliard asked when the storage building roof would be replaced. VA Pauley stated it was planned for the first week in October.
Council Member Hilliard asked if the tall swings could remain in the park. VA Pauley stated that the tall swing set could remain but the pinch points needed to be eliminated. He also stated the teeter totter needs to be removed. Council Member Hilliard would like to see the removals before winter. He stated that when they talked about the playground equipment at the Parks and Grounds meeting, it was estimated that new equipment would cost between $30,000 and $50,000.
Council Member Mackey asked where we were with the Gazebo project. VA Pauley stated he is still waiting on the engineers drawings.
VILLAGE MAYOR: Mike Schwab
Mayor provided Council with a Letter of Appreciation to Shearer’s Foods and employees for Council's signatures.
Mayor provided Council with a Letter of Appreciation to Veterinarian Dr. James Brennenman for Council's signatures. Mayor Schwab stated there are 35 existing businesses within our Village.
Letter of Support submitted to Fairless Board of Education. (Can be viewed on Fairless Future Committee’s Facebook page).
Village Solicitor McCallin’s term lapses on November 21, 2014. An ordinance is required to renew his contract.
Just to Mention: Village Clerk-Treasurer position was not included in recent wage increases.
Draft: Updated Village Contact List & Committee Assignments. Council was provided with a copy. Council Member Tharp offered to resign from the Planning Commission and Zoning Board of Appeals to put Chuck Hawk on the Boards as a Council Member. Jay Huff, Dave Wurtz, and Ray Heitger were all mentioned for filling the open seat created by Chuck Hawk replacing Steve Tharp as Council's representation.
Mayor provided a written recommendation to create a Sidewalk Replacement Fund to address future sidewalk needs.
Council Member Mackey asked about the odor issues at Shearer's earlier this year. Mayor Schwab stated that they had displayed a good faith effort and it seemed to be working. They did some process changes and changed the blowers.
Mayor Schwab stated that Tattered and Worn may be expanding their business and that there is a possibility of a NAPA Store being opened in the Village. He thanked Ray Heitger for his assistance with the NAPA Store owner.
Council Member Mackey asked if the consultant working on the job descriptions would be addressing the Clerk-Treasurer's wage and duties. He will not because Ohio Revised Code outlines the duties and responsibilities of the position. He then suggested the Finance Committee meet to review the issue.
VILLAGE CLERK-TREASURER’S REPORT: Kris King
Additional copies of legislation for the codifications project have been submitted to American Legal.
The Fire Department's August payroll is $ 7,556.00.
I am continuing to certify payrolls for Kenmore Construction along with applications and certifications for payment.
2012 & 2013 Audit has been completed and is available on the Auditor of State's website.
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.
Utility Committee met with AMP Reps for a Power Supply Review on September 2nd.
Council Member Hilliard spoke in Council Member Godwin's absence on the Parks & Grounds meeting. They looked at the placement of the handicap swing, which pieces of playground equipment needs removed, how much mulch will be needed in the spring, the gazebo location, and the removal of dead trees.
Council Member Tharp spoke about the Street/Sidewalk Committee Work Session. A constructive policy for sidewalks was discussed along with moving sidewalks to the curb and creating a sidewalk replacement fund.
Reminder: September 22nd/6 pm Economic Development Committee Work Session
EXPENDITURE REQUESTS from past Meetings:
None
PROPOSALS PENDING:
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.
From Mayor: Creation of a Fund for future Sidewalk Repair/Replacement Fund and formulation of a protocol for use of such funds.
OLD/NEW BUSINESS:
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to accept Council Member Tharp's resignation from the Planning Commission. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to appoint Council Member Hawk to the Planning Commission. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to accept the Firemen's payroll at a cost of $ 7,556.00 from the Fire Equipment Fund. The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to allow the school to put banners across Route 93 promoting the school. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to put a temporary cover on the 15 minute parking sign at Tattered and Worn until Council makes a decision on whether or not to permanently remove it. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to have an ordinance drawn up removing the 15 minute parking sign in front of Tattered and Worn on South Wabash Avenue. The vote: All yes.
COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to hold a Finance Committee meeting on October 6th at 6 pm. The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to have an ordinance drawn up to renew Solicitor McCallin's contract for a two-year term. The vote: All yes.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to have an ordinance drawn up to renew Attorney Chapanar's contract for another year. The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to have an ordinance drawn up to create a Sidewalk Replacement Fund with a $ 1,500 quarterly transfer. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to adjourn the meeting at 8:43 pm. The vote: All yes.
Respectfully submitted,
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K. Kris King, Village Clerk-Treasurer
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Mike Schwab, Mayor