January 6, 2014 - Meeting Minutes

MINUTES

BREWSTER VILLAGE COUNCIL

January 6, 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

Steven Tharp, Jr., Council Member

VILLAGE OFFICIALS PRESENT:

Kris King, Clerk-Treasurer

Al McCallin, Solicitor

VILLAGE EMPLOYEES PRESENT:

Joyce Cunningham, Assistant to the Clerk-Treasurer

Rick Patterson, Fire Chief and Street Superintendent

Jim Spivey, Village Technician

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

MINUTES FROM THE DECEMBER 16, 2013 REGULAR COUNCIL MEETING:

Mayor Mike Schwab asked if there were any additions or deletions to the December 16, 2013 Council Meeting minutes.  There were none.

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 HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to accept the bills for the amount of $ 403,699.76.  Council Member Hilliard questioned the Fire Truck payment of $ 24,820.76.  The invoice has rental printed on it.  Clerk King stated the Village would own it after the payments are complete. He also inquired about a payment to Municipal Services for service deposits.  Clerk King explained that renters make a deposit when they move in and it is used to help pay their final bill.  Councilman Hilliard reiterated that he would like to see Elliot's Auto used more. The vote:  All yes.

AUDIENCE:

Jack Baylor, 8725 Manchester Ave SW, Navarre, would like to be able to connect to Brewster Electric for our three phase since Beach City is no longer going to offer it to them.  He stated that he will not be able to do any expansion without the three phase.  He also discussed contracting with the Police Department either per call or per season.  There will need to be a cost study for the electric expansion and we will have to check with our Solicitor on the police contract.  Mayor Schwab will get back to him. 

The following residents were also present: Ray and LaVonne Heitger, Cindy Mackey, Jenny Spivey, and Judy Maybaugh.

ELECTION OF PRESIDENT PRO TEM OF COUNCIL:

 
CONSIDERATION OF ORDINANCES:

ORDINANCE 01-2014:  An Ordinance authorizing modifications to the Public Records Policy was given third reading.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to pass Ordinance #01-2014 as read.  Solicitor McCallin and Clerk King provided an overview of the modifications.  The vote: All yes.

ORDINANCE 02-2014:  An Ordinance providing an increase of $ 3.21 to the Village Solicitor’s annual salary (contract thru 11/21/2014) was given second reading.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to suspend the rule requiring three separate readings and bring the ordinance forward for passage.  Council Member Tharp stated he would be voting no on this ordinance because he feels it should be more.  The vote: All yes.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to pass Ordinance 2-2014 as read.  Council Member Tharp asked if it would screw Solicitor McCallin up if he voted this down.  Solicitor McCallin stated he feels that with the hits the employees have taken with their health insurance cost, he is more than satisfied.  The increase is not about receiving more money but getting service credit from OPERS.  The vote: All yes.

An ordinance authorizing the adoption of the Community Comprehensive Sustainability Plan prepared by EDDS (Economic Development Data Services) in August of 2013 was given first reading.

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; Supt Maybaugh will attend 01/20 meeting for a review of the project.

RESOLUTION 3-2014:  Single Reading: Resolution of Appreciation for former VA Steve Hartman.  The vote:  All yes.

RESOLUTION 4-2014:  Single Reading: Resolution of Appreciation for former Councilwoman Sherri Bichsel.  The vote: All yes.

RESOLUTION 5-2014:  Single Reading: Resolution of Appreciation for former Councilman Jay Huff.  The vote: All yes.

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

MUNICIPAL DEPARTMENTS:

Fire Department: Chief Ricky Patterson

Chief: Purchase of tires for Ambulance 155 at $ 1122 (State Co-op price) requests emergency consideration.  The tires are being purchased from Star America which is in the Cooperative Purchasing Program.

Council Member Hilliard stated the Street Department can plow Needham now because the person that was parking on the street that prevented the plow from getting through has now moved.

Police Department: Chief Harry Porter

Letter concerning purchase of two computers for PD (12/16 request) prefers Dells at $1174.16; purchase program.

December Report; 2013 Report; RED Center Dispatch Report.

Council Member Hilliard stated the Parks/Grounds/Buildings Committee will be working on a resolution for the police cars being out in the weather.

Council Member Tharp stated it seems like the Police should be able to purchase the computers without bringing them to council.  Solicitor McCallin stated that this could only be done by making the Village Administrator the Purchasing Agent for the Police and Fire Departments.

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

Update on Walker Litigation  (Clerk, Mayor, & Steve Hartman subpoenaed for 03/14 Court appearance).  Chair Requests an Executive Session for conference with Attorney to discuss pending court action.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to enter into executive session for conference with Attorney to discuss pending court action at 7:32pm.  The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to exit executive session at 7:55pm.  The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to move to decline to enter into a written agreement with Norma Walker as proposed in Attorney Conley's correspondence of 12/17/2013.  The vote: All yes.

Redraft of the proposed agreement for employment of a Village Administrator  (Council copy).

Advises: A Village Income Tax Administrator contract is not necessary; best if salary & benefits are in an ordinance.

Solicitor McCallin was excused from the remainder the meeting.

COMMUNICATIONS:

AMP Recognition – Resolution of Appreciation to Electric Dept for providing assistance to Beach City on July 10-11, 2013.

Denial of coverage for litigation by Village’s Public Officials Liability insurance carrier – Selective Insurance Co of America (Copy provided to McCallin for review).

Governmental Law Seminar – Saturday, 02/08 at Exploration Gateway (Sippo Lake) held by Stark RPC; $ 25 each             (Council copy) - Urge Council members to attend.

Stark-Tusc-Wayne Recycling District: A Resident’s Guide.  Full of useful information.    

VILLAGE ADMINISTRATOR: Position is currently vacant

Recent $ 11,256 in Street Light improvements provided a $ 950 rebate through Steve Hartman’s work (Council copy).

VILLAGE MAYOR: Mike Schwab

2014 Committee assignments - ask Council to review suggested list; make modifications desired, approve by motion.  Councilman Hilliard has asked to be removed from Tax Incentive Committee because he has an abatement coming up on his property.

Ask Council to review Council Rules; modified last on 01/07/2013 (Council copy).

Efficiency Smart Program – Village in line for a $ 9600 grant dependent on community renewals; 03/31 date.  Council Member Godwin spoke with Lonnie Via of Brewster Dairy and he stated that they are utilizing the program on three of there projects and have saved money.

Request that Council approve Mayor’s appointment of Robert A. Pauley as Village Administrator, at the terms of the agreement submitted, pending successful physical, drug test, and background checks:

• ·         Letter of Recommendation from Charley Bowman of EDDS (Council copy).
• ·         An agreement with Robert A. Pauley drafted by Village Solicitor based on sample previously provided to Council (Council copy).
• ·         Tabled VA ordinance modified to approve above a agreement (Council copy).
• ·         Letter of Recommendation from Mayor (Council copy).
• ·         By Email Mayor also provided Council with a progress report, a recommendation, & synopsis of agreement.
• ·         Start date is slated for mid to late February.

Request that Council approve Mayor’s appointment of staff member Daniel Klein as acting Village Administrator until the start of new VA:

• ·         Council copy of Ordinance 22-1992 which sets wage at $ 8.17/hour.
• ·         Letter of Recommendation from Mayor (Council copy).

Request that Council approve Mayor’s appointment of Steve Hartman as Village Income Tax Administrator:

• ·         Draft of an ordinance modified per Solicitor which sets salary & benefits (Council copy).
• ·         Letter of Recommendation from Mayor (Council copy).

Mayor’s State of the Village Report will be made on January 20th; based on Village Clerk’s numbers; will provide several recommendations aimed at efficient use of funds.

VILLAGE CLERK-TREASURER’S REPORT: Kris King

Remind Council to look over and sign the check register on the table.  Please note there are three individual runs.

December Financial Statement which includes year-end totals.

The year has been closed and the next step in preparing the 2014 budget is filling out the 2014 Certificate of Total Amount Available.  This is due to the County by January 31.

Christmas Lighting Contest Results:

                        1st Place:         Mike Compan

                        2nd Place:       Jennifer Nelson

                        3rd Place:        Dave Sullivan and Chris Belloni

            2nd and 3rd Place winners donated their prizes to the Fairless Food Cupboard

Brian Bankert of Government Accounting Solutions will be in on Jan. 14th to prepare the 2013 Financial Statement.

December fire pay = $5,155.46 .

Village Administrator's office:  I have a quote to have it painted for $150.  The computer desk is also in need of replacement.  The space needs to be utilized most efficiently.  Council Member Mackey stated he thinks the new Administrator should have his input.  We should wait for him to choose what he wants.  Council Member Mackey also brought up the condition of the Council Chambers.  There was a quote done for upgrades in the last couple of years and he would like to see them updated to see what it would cost for some changes.

Senator Frank LaRose will be using Village Hall as a satellite office on Saturday, January 18th from 3:30pm - 5:30pm.

Would like to order "Municipality in Government 2013", how many copies are needed?  All of Council and the new administrator will be ordered one.

"VILAGE SPEAKS"

Council Member Tharp - Residents were pleased with the way the streets looked. 

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.

Reminder - Solar Planet/Jerry Corbin slated to provide a presentation to Utility Committee on 01/20 at 6 pm.

Reminder – Finance Committee meeting on 02/03 at 6 pm to review electric lineman’s wage.

Council Member Godwin - The lighting contest went well.  Expecting more participants next year.  Santa went well also.  Going to schedule a shorter session next year.  Council Member Hilliard stated Mike Compan risked his life.  It looked really nice.

PROPOSALS PENDING:

Purchase of the American Legion Building (Will call Commander Lutz to set up a January sit down).

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

OLD/NEW BUSINESS:

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to approve the fire pay of $ 5,155.46.   The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to declare an emergency and purchase tires for the Squad 155 at a cost $1,122 from the EMS Fund.   The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to approve the purchase of two Dell computers for the PD at a cost of $1174.16 from the Police Equipment Fund.   The vote: All yes.

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to approve the appointment of Robert Pauley as Village Administrator.  Council Member Tharp stated he was abstaining because he was not at the interview.   The vote: Hilliard, yes; Mackey, yes: Tharp, Abstain; Fox, yes; Godwin, yes. 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to approve the appointment of Dan Klein as interim Village Administrator.  Council Member Hilliard asked if he would be able to bid on property for the Village.  Mayor Schwab will check with the Solicitor. The vote: All yes.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to approve the appointment of Steve Hartman as Income Tax Administrator.   The vote: Hilliard, no; Mackey, yes; Tharp, no; Fox, yes; Godwin, yes.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to approve the Firehouse Software contract at a cost of $735.00 from the Fire Fund.   The vote: All yes.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD to approve the Council Committee assignments as presented.  Council Member Fox moved, seconded by Council Member Mackey and motion carried to amend the list by removing Council Member Hilliard from the Tax Incentive Committee and replace him with Council Member Godwin.  The vote on the amended Council Committee assignments: All yes.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to hold a Parks/Grounds/Buildings Committee meeting on January 13th at 6pm in Council Chambers to discuss upgrades to Village Hall and a Police Garage.   The vote: All yes.

COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to untable the ordinance establishing the duties, salary, and benefits of the Village Administrator.  The vote: All yes.

COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to state that the ordinance would also adopt an agreement with the individual employed as VA as pertaining to wages, term, obligations, and benefits.  The vote: All yes.

ORDINANCE 6-2014:  An Ordinance to Establish the Duties, Salary, and Benefits of the Village Administrator.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to pass Ordinance 6-2014 as amended.   The vote: All yes.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to approve Council Rules as presented.   The vote: All yes.

COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to draw up an ordinance setting the salary and benefits of the Income Tax Administrator and to have first reading.   The vote: Hilliard, yes; Mackey, yes; Tharp, no; Fox, yes; Godwin, yes.

First Reading: An ordinance setting the salary and benefits of the Income Tax Administrator.

COUNCIL MEMBER HILLIARD thanked the VA Search Committee for the great job they did in selecting Robert Pauley. 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to adjourn the meeting at 8:50pm.  The vote:  All yes.

Respectfully submitted,

K. Kris King, Village Clerk-Treasurer

Mike Schwab, Mayor