July 7, 2014 - Meeting Minutes
Mayor Schwab asked that prior to the start of tonight's meeting that Council attend a private meeting with the Village's legal counsel, Solicitor Al McCallin. The purpose of this meeting will be informational only. No deliberations may be undertaken. No formal action may be taken. Atty. McCallin will provide information to Council as to the circumstances leading to the administrative leave of Police Sergeant Denise Rossiter and to explain the procedures for her potential return to her regular duties. The Mayor, Solicitor McCallin, and Council exited the room at 7:01pm and returned at 7:13pm.
Brewster Village Council met in regular session with Mayor Mike Schwab presiding.
7:14 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, Jr., Council Member
VILLAGE OFFICIALS PRESENT:
Kris King, Clerk-Treasurer
Al McCallin, Solicitor
Rob Pauley, Village Administrator
VILLAGE EMPLOYEES PRESENT:
Chris Colucy, Fire Captain
Joyce Cunningham, Asst to Village Clerk
Rick Patterson, Fire Chief
Harry Porter, Police Chief
Denise Rossiter, Police Sergeant
Cheryl Wade, Firefighter
At this time Mayor Mike Schwab read the following: Before beginning tonight's meeting, I would like to remind those in attendance of the purpose of this meeting. We meet in open session to discuss the public business of the Village of Brewster. This meeting is not intended to be a forum to air personal grievances involving the private lives of any public official. At the last meeting, such a grievance was aired involving a member of Council. It has been found after careful review by our Village attorney that the matter does not involve the public business of the Village of Brewster, and that it is not an appropriate subject to be discussed at this public meeting. As Mayor, it is my obligation to set the agenda and to conduct an orderly meeting. With that in mind, if you are here tonight to discuss a private grievance, it will be considered out of order and not allowed. I ask all in attendance to respect our meeting and to conduct yourselves accordingly.
MINUTES FROM THE JUNE 16, 2014 REGULAR COUNCIL MEETING:
Mayor Mike Schwab asked if there were any additions or deletions to the June 16, 2014 Council meeting minutes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to accept the minutes. 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 $ 83,650.10. 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 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.
Mayor Schwab explained Council rules governing audience time. He ask that personal issues are not aired in this forum. He stated that Council meeting are strictly for Village business.
Peg McCune, 216 Superior St., stated she had received a letter from Shearer Foods concerning the odor problems and a coupon for the Outlet Store. She felt this was "very honorable".
Kathy Luthi, Manchester Ave, stated she had an issue with a Police Officer. She has filed a complaint and wants to know what has been done about the situation. Mayor Schwab stated he consulted with the Village's lawyer and it was determined that it was a personal matter. She stated an officer's wife had threatened her. She filed a police report with Chief Porter. She stated if that is how residents of this town are treated that she feels sorry for them. She stated that Officer Taylor stated he did not know where her husband's vehicle was when he had it on his own property. She feels she is being treated like a common criminal. She doesn't know how an officer can break and practice law at the same time.
Nancy Merry, 1st St SE, wanted to know how she could find out where her property lines are located. VA Pauley explained the process to her.
Peg McCune, asked for a new meter. She stated her bills are too high because she is only home for 20 hours a month. VA Pauley stated they can pull the meter and bench test it. They will then replace it if needed. VA Pauley asked that Ms. McCune call the office to coordinate a convenient time.
Jessica Kalleker, had an issue with a Police Officer. She has spoken to the Mayor and has not heard anything. He parks across the street and watches her and her kids in her yard. She feels uncomfortable. Mayor Schwab stated he spoke with Capt. Creter, and that Captain Creter talked with the Officer and Captain Creter advised the Mayor that he had called Ms. Kalleker to explain what had been done. She said it was still happening. Mayor Schwab stated he will speak to the officer personally.
Ed Reidenbach, 224 W. Main St., stated that he had two trees that were planted in the tree lawn years ago. In 2002, he received a letter stating he had to replace the sidewalks. He did this and now the trees are raising the sidewalks again. He has eight sidewalk squares that are at an inch or better and are starting to crack. He stated the trees were not planted deep enough.
Paul Brown of the Fairless Soccer Association presented Council with their fall schedule. There will be a Skills Camp on July 15th through July 17th from 9 - 11am. Practice will begin on July 28th and the games will run through October 4th. A storage building was discussed along with cleaning up the concession stand to make more room.
Peg McCune asked why isn't the Dollar Store mowing their grass? VA Pauley explained the process and why it takes so long at times and explained that he has talked with both the local Store Manager and corporate in Chicago.
Sherri Bichsel, 397 Wabash Ave N, stated she was asked by the manager of the Dollar Store to attend and request that a letter be sent to the corporate office concerning the overgrown grass.
Others in attendance: Ray Heitger and LaVonne, Cindy Mackey, Linda Taylor, Robert and Joann Brown, Judy Maybaugh, Sydney Radich, Sydney Colucy, James Huff, Jeannette Huff, Louie Carroll, John Kerhin, Jay Huff, Amy Heitger, Ashley Breden, Craig Daniels, Greg Boggs, and Alyssa Morlacci.
CONSIDERATION OF ORDINANCES:
ORDINANCE 27-2014: An Ordinance Authorizing a 2014 Amherst Street Improvement Project was given third reading.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to pass Ordinance #27-2014 as read. Council Member Hilliard stated he thinks it is too expensive and wants to go a cheaper way. Council Member Tharp askedif the quote was for more than was in the Street Improvement Fund. VA Pauley stated yes and also there was a 10% contingency in the engineers estimate. Village Clerk advised that the ordinance states the expenses will also be paid out of both the Street Improvement and Street Resurfacing Funds. Council Member Godwin stated the road was in real bad shape. The vote: Hilliard, no; Mackey, yes; Strausbaugh, no; Tharp, no; Fox, yes; Godwin, yes. The Mayor stated there had been time during the three readings since the ordinance was first brought up to make amendments. He voted yes and the ordinance passed. Note: An ordinance authorizing a contract for the successful Bidder will be submitted for Council’s approval prior to beginning this project.
ORDINANCE 28-2014: An Ordinance Authorizing the Application for OPWC Funds for a Park Drive Improvement Project was given third reading.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to pass Ordinance 28-2014 as read. The vote: All yes.
First Reading: Authorize an adjustment of the base wages and benefits of Village employees; as drafted a 3% wage increase for all employees.
First Reading: Authorize the Renewal of Village Natural Gas Aggregation Agreement with Volunteer Energy Services, Inc. for the October 2014 – October 2016 term (Council copy of six natural gas suppliers proposals received by Village broker Buckeye Energy Brokers, Inc & recommendation).
First Reading: Adopt the Solid Waste Management Plan of the Stark-Tuscarawas-Wayne Joint Solid Waste Management District.
Resolution 29-2014:A Resolution of Recognition to the 2014 Fairless Track Teams and Coaches was given first reading.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to pass Resolution 29-2014 as read. The vote: All yes.
PLEASE NOTE: Pending ordinances & resolution are drafts only and are fluid documents that can be modified during the Three Readings process until the final vote by Council.
MUNICIPAL DEPARTMENTS:
Fire Department: Chief Ricky Patterson
Chief’s Letter:
- Recommending Craig Daniels as a probationary firefighter
- Checking on an EVOC (Emergency Vehicle Operations Course) class required by the State for each firefighter ($ 75/per person). A little more expensive than last year but it will be for 3 years instead of only one year
- Stark LEPC working on a simulated disaster in Brewster in next to 2 years. This is a follow-up to last year's mock tabletop disaster and will be held at the railroad
The department to receive a State of Ohio EMS Grant in the amount of $ 5,750 for 2014-15 thanks to the work of Captain Jen Mohler; Thanks Jen !
The next two Tuesdays the Fire Department will be holding a Boat Safety Course for the department. Jon Huff is in charge of this.
"Where's Baby?" Project: Capt. Jen Mohler has provided letters to local businesses and stickers for cars to remind parents to make sure children are not left in hot cars.Council was provided with a sticker and members of the audience were urged to pick one up before leaving.
Police Department: Chief Harry Porter
The Police Department was recognized for the 2013 Susan Graves Task Force Division of the Year Award as a part of the Canton Division at the Northern Ohio Violent Task Force Awards Ceremony on 06/19/2014.
Anthony Frame successfully completed the required procedures & was sworn in as PT Patrolman.
SOLICITOR: Attorney Al McCallin
Solicitor McCallin recommends hiring Attorney Robert Tscholl to investigate the circumstances surrounding the paid administrative leave of a Police Officer.
Council Member Strausbaugh asked how Council is supposed to determine what is personal and what should be brought before Council? Solicitor McCallin stated private legal advice could be sought if a resident wants to pursue something further than the police and/or Council are willing to pursue.
COMMUNICATIONS:
Stark Regional Planning: 2015 OPWC infrastructure funding applications will be accepted until 09/12. Copy provided to VA Rob
United Way: Any Stark County elected official is invited to a breakfast hosted by Auditor Harold and Massillon Mayor Catazaro-Perry on 07/23 at 8 am; if interested I would be happy to forward the email.
Shearers Letter to Village residents concerning measures taken concerning odor issues (Council copy); I would urge Council to attend the July 23rd at 5 pm tour of their Waste Water Treatment Facility. Shearers continues to contact Village daily about pretreatment measures.
VILLAGE ADMINISTRATOR: Rob Pauley
Administrator’s report for period 06/17/2014 thru 07/03/2014:
- Reilly Sweeping completed 3rd sweeping
- Zearly Unit 1D gas/oil well: Solicitor completed excess maintenance agreement & performance bond (1-year performance period) with Ohio Valley Energy – to be executed. OVE to mobilize equipment for clearing/grubbing/access roadway week of July 7th. 24-hour POC information distributed to departments. Roadway Condition Survey and initial/interim/final inspections to be conducted for Village by GPD.
- Mosquito fogging continues as needed & weather conditions permit.
- Street dept. storage building / alternate PD vehicle garaging: garage door project, GPD asked to provide quote for drawings (PE stamped) & load calculations (building & electrical) required for County Building / Electrical permits. Cardinal Services asked to provide quote for ACM survey (including roofing material) required for Canton Health Department AQD permit. Licensed electrical contractor required to draw electrical permit & installation. The estimate is $5,675.00 and is intended as a temporary fix.
- Village Hall remodeling – Electrical contractor coordinating walk-thru with electrical inspector and building inspector. Walk-thru set for July7th. It went very well. There will be a walk-thru tomorrow for rough framing the building.
- Davey Tree completed “spring” round of power line trimming. Will resume in “fall” for remaining trimming.
- Playground “mulch” alternatives distributed to council……choice? Bark or Rubber?
- Follow-up on proposals (2) to assist the village with update & development of position descriptions (does not include FD or EMT positions) along with retainer services.
- 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.
Council Member Strausbaugh asked how many cars will fit? VA stated two cars will fit side by side, with a third behind. Council Member Strausbaugh stated this was the one year anniversary of the water pressure issue. VA Pauley stated Supt. Pepper is still in the process of testing all the village fire hydrants. Council Member Strausbaugh stated the residents just want answers.
Council Member Hilliard went back to the storage building. Where are they going to move the Christmas wreathes? VA Pauley stated they will have to be moved to the back wall. Council Member Hilliard stated the roof needs replaced now. VA Pauley advised that the roof was in next year’s plans.
Council Member Tharp asked about the mowing issue at the corner of Main and McKinley. VA Pauley stated that the grass needs to be 8 inches to start the process, and the VA explained the process of notification and the time required prior to Village mowing.
Council Member Hilliard stated there were two orange cones on his corner. He wanted to know if the curb was going to be repaired. VA Pauley stated he has a contractor coming in to do his curb plus two others.
Council Member Strausbaugh asked about Joann Brown's driveway. VA Pauley stated he needs Council's direction as far as what standard to use. How deep and how wide? He has four more requests for gravel in Village alleys and streets. Council Member Strausbaugh stated VA Pauley was the highest paid guy in town and should be able to handle it. Council Member Strausbaugh stated these requests should be handled on a case by case basis.
Council Member Hilliard stated he would put down two tons of gravel if it was his driveway. VA Pauley stated two tons would stretch but would it suffice? Council Member Strausbaugh stated the VA was making a spectacle out of something simple. Council Member Tharp asked if the VA had contacted anyone? VA Pauley reiterated that there were no standards to follow and to know to what extent of coverage of gravel that Council desired. Council Member Tharp stated exceptions have been made. The Street Committee can go back and make adjustments to the ordinance. Council Member Hilliard stated we need to look at residents' needs. If they ask for help they should get it. Council Member Godwin stated he brought up Mr. Reidenbach's sidewalk issue 18 months ago three different times and nothing was done about it. Council Member Tharp told Council Member Godwin that this was brought up before he even thought about it. It was said that nothing could be done about it because the previous VA didn't want to.
VILLAGE MAYOR: Mike Schwab
Email suggestion: Installation of an 18’ x 9’ garage door on Street Dept storage building to shelter Police vehicles. VA Pauley had previously discussed.
Email suggestion: Renewal of playground mulch at three sites in Bimeler Park; VA Pauley provided.
Advise that from 06/01 – 06/28 Electric Dept had four after hour call outs totaling 12.5 hours.
From Ohio Ethics Commission: Model Ethics Policy for Local Agency Officials and Employees; may I ask Council to review and consider adopting (Council copy).
Skate Park has reopened & situation will be monitored by PD. Council Member Hilliard would like to see it patrolled more often by the police.
VILLAGE CLERK-TREASURER’S REPORT: Kris King
Charles E. Harris and Associates are in to complete our 2012 - 2013 bi-annual audit. This is estimated to be a two week project.
Codification process: Joyce Cunningham, Jen Mohler, and Tammy Fox have completed typing indexes. I still have seven years of my work to complete. Our contact person is on vacation but I expect the lists of copies needed from those indexes to start in a couple of weeks.
I will have estimates for adjustments to the permanent appropriations in the near future.
The Fairless Food Cupboard is in need of non-perishable food donations. There are boxes in the entrance to Village Hall for donations along with a box for bubbles for Akron Children's Hospital.
The 2014 Arts on the Boulevard is being planned for September 27, 2014. We would like to be permitted to close both sides of West Main Street from Wabash to McKinley.
June 2014 financials were placed in council mailboxes last week.
Will need a resolution adopting the Village of Brewster's 2015 alternative Tax Budget drawn up for next meeting.
"VILLAGE SPEAKS"
Council Member Godwin received a request to power wash the underpass.
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.
Parks & Grounds Committee met on June 16th - Chairman Godwin stated they needed to schedule another meeting.
Finance Committee met this evening - Chairman Hilliard reported that money appropriated to the Skate Park could be moved, discussed the split wage ordinance, medical deductions, income tax collection, and money saved by not giving the employee raises until September this year.
Park & Grounds: Information from Chair Godwin concerning proposed Soccer storage building. Looking into some changes to the concession stand.
To Tree Committee: a request from resident Ken Ensley to remove two trees at 118 Glick Street.
EXPENDITURE REQUESTS from past Meetings:
PROPOSALS PENDING:
From Village Clerk: Request that Council consider a resolution opposing Amended Substitute HB 5 – Municipal Income Tax Reform.
From VA: Select consultant to assist and review In-House update of employee job descriptions.
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: Economic Development project suggestion to explore the formation of a Brewster Business Association; would suggest a meeting w/Merchants as part of #5 below.
From Mayor: Awaiting quote from Wacker Signs for the installation of Brewster Marketplace signs at two Village SR 93 entrances and the intersection of SR 93/241 as an economic development project.
OLD/NEW BUSINESS:
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to authorize the Village Administrator to enter into an Excess Maintenance Agreement & Performance Bond (1-year performance period) with Ohio Valley Energy. Council Member Hilliard asked if the $65,000 would be enough to cover any damage. VA Pauley had worked up that figure and felt it was more than sufficient. The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP HILLIARD and motion carried to have the VA get at least three estimates for a roof on the storage building at the recycling center. He wants both metal and shingle. Council Member Strausbaugh asked about asbestos testing. VA Pauley indicated that Cardinal Environmental had been retained to perform the ACM survey. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to the have a resolution for the 2015 Alternative Tax Budget drawn up. The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to draw up a resolution in opposition to Amended Substitute HB 5. Council Member Tharp stated he will not be opposing amended House Bill 5 it because a lot needs to be happening in the state. Council Member Godwin stated he is voting for the best interest of Brewster not the state. The vote: Hilliard, no; Mackey, yes; Strausbaugh, no; Tharp, no; Fox, yes; Godwin, yes. Motion passed with the Mayor voting yes.
COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to hold an Employee Committee work session on August 18th at 6pm. The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to hold a Parks/Grounds/Buildings Committee work session on August 4th at 6pm. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to draw up an ordinance for the renewal of the Village insurance with Vogley-Muskoff. Council Member Tharp will be contacting them to come to a meeting. The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to approve the retention of Attorney Robert Tscholl as independent council to represent the Village for the circumstances leading to the administrative leave of Police Sergeant Denise Rossiter and her potential return to duty . Council Member Tharp declared his admiration of Police Sergeant Denise Rossiter and aired his concerns about the situation. Council Member Hilliard felt that hiring someone from out of town will give a true investigation. The vote: Hilliard, yes; Mackey, yes; Strausbaugh, no; Tharp, no; Fox, yes; Godwin, yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to approve the storage building project to move forward at the Village Administrator's discretion which will include asbestos testing and engineering. Council Member Strausbaugh stated he did not feel comfortable without firm numbers. It was stated that if they wait on the firm numbers for each step it will not get done this year. The Mayor asked if Council wanted to place a maximum expenditure amount as part of the motion. Council Member Hilliard indicated that he felt this was not necessary. The vote: Hilliard, yes; Mackey, yes; Strausbaugh, no; Tharp, no; Fox, yes; Godwin, yes.
Council Member Hilliard recommended that the two refrigerators that were not running and recycle them and put pegs and shelves in the concession stand to get the soccer equipment up off the floor.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to appoint Craig Daniels as a probationary firefighter pending a physical, background check, and drug screen. The vote: All yes.
VA Pauley asked if Council wanted him to hire either of the Human Resource Consultants. It was decided it would be discussed further at the Employee Committee work session next month.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to close both sides West Main Street from Wabash Ave to McKinley Ave on Sept 27th from 9am until 6pm for the "Arts on the Boulevard" event. The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to adjourn the meeting at 8:46pm. The vote: All yes.
Respectfully submitted,
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K. Kris King, Village Clerk-Treasurer
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Mike Schwab, Mayor