May 5, 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 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:
Harry Porter, Police Chief
Jim Spivey, Village Technician
MINUTES FROM THE APRIL 21, 2014 REGULAR COUNCIL MEETING:
Mayor Mike Schwab asked if there were any additions or deletions to the April 21, 2014 Council meeting minutes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to accept the minutes. Council Member Mackey requested his statement that concerned employee raises had already been appropriated and Council approved the appropriations be included in the April 21, 2014 minutes. The vote: All yes.
PRESENTATION OF BILLS:
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to accept the bills for the amount of $ 49,793.12. The vote: Hilliard, no; Mackey, yes; Strausbaugh, no; Tharp, no; Fox, yes; Godwin, yes. Mayor Schwab broke the tie with a yes vote. VA Pauley asked if there was a particular concern that can be addressed now. He is not used to a Council voting 3 to 3 for services we've incurred. Council Member Tharp stated if he wants to have that conversation they can have it privately, he said he will talk about it but not here. Council Member Mackey stated it should be public. It's a public meeting, public money. Council Member Tharp stated it was private. He stated he did not have to give a reason for voting no unless it was asked by a resident. Council Member Mackey wanted to know how we can appropriate money in a meeting for whatever you approve then turn around and not pay the bill for it. Council Member Tharp stated he voted against appropriations. Council Member Mackey stated he voted to appropriated money for projects. Council Member Tharp asked for something specifically. Council Member Mackey stated the Wastewater project. Council Member Tharp stated that was a couple of years ago. Council Member Mackey brought up the ordinance to pay a couple of hundred thousand dollars, paying it forward, and then vote no to pay the bills. How can you do that? It doesn't make sense to him. Council Member Tharp stated that was fine. Mayor Schwab requested to move on. Council Member Mackey asked Council Member Tharp how he could approve taking money out of the Village coffers then vote no at the next meeting to pay the bills. Council Member Mackey just can't make sense of it. Council Member Tharp asked if the AMP bill was in with tonight's bills. Council Member Mackey stated he did not know. It's not just the AMP bill. He is just trying to make sense of it. He knows they are protesting something but how can you not pay the electric bill, the employees, the health insurance. Council Member Tharp stated he would say this and put an end to this. If you want him to vote yes...people in the community are saying that we are down here fighting, backstabbing, putting people down, and that there is not a lot of consensus. He stated that if we are going to continue moving forward, then he hopes that moving forward we can build because up to this point there hasn't been and they can actually start to work together. Council Member Mackey agreed. Council Member Tharp stated that he is not going to continue to approve anything that he doesn't agree with. Council Member Mackey once again asked how he can vote to not pay the Village bills. Council Member Tharp stated if he doesn't like what's going on he has every right to vote no. Council Member Mackey stated that he does have the right but would really love to work together. He tries to work logically but he is not getting any logic here. Council Member Tharp stated there are bills on there that go back years and have been protested a number of times and still continue to happen. Council Member Fox asked such as? Council Member Tharp stated Menards, almost daily trips. We had a business here in town that is now defunct because we chose to abandon them and go to a larger supplier in another community and give them the sales tax. We ate our own. Council Member Fox stated that they are not here now. Council Member Tharp stated that was directly because of our actions. Council Member Fox stated that is history and it is time to move on. Council Member Godwin stated the Village of Brewster did not run the hardware out of business. VA Pauley asked if there was a question about any one of these bills that we can address here-what the purchase was for or what project it was with. He stated that in the 26 years of being a Village Administrator, this is the first Council that has been split on paying the invoices. He doesn't know if it is questions, if it is the bills themselves, or if it is something else. He is just trying to figure out the group dynamics.
AUDIENCE:
Joann Brown, 615 Dartmouth, stated she came to Council in 2012 to ask for something to be done with Williams Street to no avail. Now the Village needs access to the electric poles so open it up now. There is also a fire hydrant at the corner of Williams and Dartmouth. She stated it should be graveled to the alley that runs parallel to Dartmouth behind her property. She also stated it is a road, not a driveway like Council Member Mackey says. She should not have fear of getting a letter for trespassing. She has to use the road on a daily basis. She stated a citizen should not have to gravel a city road. Council Member Fox asked Mrs. Brown if she built the garage. She stated it was there when she purchased the property about three years ago. Council Member Fox stated who would approve the building of a garage on an unimproved alley. Mrs. Brown stated it should be improved so the fire trucks could get back in the area. Right now they will get stuck in the mud. Captain Colucy stated the trucks do not go off of the pavement. Mrs. Brown stated there is no drainage and water drains into her yard. It kills anything she plants. VA Pauley asked Council if there is a process for opening an alley and it was stated the Village created one a couple of years ago. VA Pauley stated the improvements would serve no properties. Council Member Tharp stated a paper alley is still an alley. VA Pauley stated if Council wishes, they can improve it. Council Member Hilliard stated the issue is that in the past alleys were graveled and the practice has been discontinued. VA Pauley asked if Council wanted him to work up a price. He asked if it was a wise investment to improve a stub of a road when there is a street levy coming up. Mrs. Brown stated that it is plowed in the winter and why would they plow it if it wasn't a road. Council Member Tharp stated it was nice of them to plow it but they need to be consistent. Council Member Fox stated they plow his closed alley in order to get rid of the snow from the street. VA Pauley stated he needs direction-one way or another. Council Member Tharp stated it needs to be improved. VA Pauley stated two inches of gravel is not going to solve the situation. Council Member Strausbaugh stated he doesn't know about the trespassing but the gravel is not going to fix it. VA Pauley stated without a base, it does no good. Mayor Schwab stated that letters went out to all the neighbors around Williams concerning parking and ruts created on Village property. Council Member Godwin stated all of Council needs to agree on this. Council Member Mackey asked Council Member Tharp if this is approved is he going to vote no when the bills are presented to Council. Council Member Tharp stated he will vote yes for the bills for the improvement. Mrs. Brown stated Williams Street has two ends and people park on the other end without problems. She feels Brewster has totally disrespected her, especially during the last two weeks. She stated she will be voting no on all street levy's until Williams is improved. Council Member Hilliard stated this is not a clear cut situation, he will make a motion to get quotes during old and new business.
Jay Huff, McKinley Ave, stated Park Drive needs gravel on the edge of the road. There is a large drop off and could be a problem if more than one car is on the road. He also stated Council had purchased a speed bump for the park entrance several years ago. Mayor Schwab stated there was a question as to whether it would interfere with the police cars. It is in the Street Garage. He stated it didn't get followed up on. Mr. Huff doesn't feel Council is taking the residents into consideration with the Street Levy. They are taking a negative attitude towards the residents. By taking out the trees, you are taking away from the parks also. It costs money to take care of these things. They also took out the sidewalk repairs for residents that need to have sidewalks repairs due to the trees the Village planted. Council Member Tharp stated that Mr. Huff was opposed to the trees being on the ballot when he was on Council. Mr. Huff stated he was only opposed to paying for new sidewalks not the repairs. He then asked to speak to Mrs. Brown to which he told her to look at the south end of Cleveland. He stated if you have a lot of money, you'll get your road paved. Otherwise you are out of luck. Mayor Schwab stated the Dairy put that road in. Mr. Huff stated he would like to see the bill.
Residents also in attendance: Ray Heitger, Cindy Mackey, Judy Maybaugh, Dawn Strausbaugh, Jenny Spivey, Kathleen Luthi, and Louie Carroll.
CONSIDERATION OF ORDINANCES:
Second Reading: An ordinance authorizing a modification of Ordinance 03-2008 concerning Sewer Rates and Charges.
Second Reading: An ordinance authorizing the purchase of a CAT Excavator and a CAT Front End Loader through the State Cooperative Purchasing Program.
Second Reading: An ordinance adopting a Social Media Policy for Village Employees.
First Reading: An ordinance authorizing a Lump Sum Payment on the AMPGS Stranded Liability & Periodic Payments on the AMPGS Potential Plant Held for Future Use Liability. (Council requested to consider as Emergency on 05/19). (Council provided with a copy).
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 (absent)
Chief’s Letter: Candidate Matthew Bair as a probationary firefighter pending successful, physical, drug test, and background check. (Council copy).
Captain Colucy reported that the Car Show will be on 2nd Street during the festival. He will speak to each resident personally.
Council Member Fox asked how wide the fire trucks are and if they are wider than a garbage truck. Capt. Colucy went to measure the fire truck.
Police Department: Chief Harry Porter
Specifications for purchase of a 2015 police Vehicle (Chief Handout) pictures of a similar vehicle that is now being outfitted by the Jackson Twp PD is available, as are Chief Porter & Capt. Creter for any questions.
April Police report (Council copy)
Monthly Statement to Council – Fines and so forth
The SRT vehicle is getting road ready. Chief Porter thanked Jimmy Spivey for wiring the vehicle.
Chief Porter has been contacted by the Secret Service to create a Computer Crime Task Force.
A couple of the part time officers have quit. There will be ads placed soon for replacements.
Council Member Strausbaugh reported that there was activity in the alley by the substation. The police will look into it.
Mayor Schwab showed Council a list of street lights that need attention that was provided by the Police Department.
SOLICITOR: Attorney Al McCallin (Per Procedures the Solicitor will be excused after his spot)
Per Mayor’s Request: Solicitor looked into the appointment of a Disaster Coordinator. In 1987 this position was consolidated into the County Emergency Management Agency. State statute provides that the Village can designate a Disaster Coordinator as long as it goes along with the County rules.
COMMUNICATIONS:
Arbor Day Foundation: Arbor Day Foundation Names Brewster a Tree City USA for 23rd Year; Continuation:
Requires an annual community forestry budget of at least $ 2 per resident
Requires an annual community plan for the planting & care of Village Trees
VILLAGE ADMINISTRATOR: Rob Pauley
Administrator’s report for period 04/22/2014 thru 05/05/2014:
- Reilly Sweeping scheduled for second sweeping May 20th (weather permitting).
- Lake County Sewer Co. conducted video inspection of selected sewers on May 5, 2014. Video will be reviewed for repairs / corrective actions necessary.
- Vasco Asphalt scheduled for May 19th to creak seal / sealcoat Walking Trail. Foot traffic should be off the trail for 24-hours.
- Kenmore Construction mobilizing material / equipment for Sweetwater Pump Station project. Survey staking, material laydown area, project trailer work continues.
- High Grass complaints beginning. Reminder that the threshold for citation is 8”.
- Appointed Mr. Kim Mariol to the position of Seasonal Worker – Streets Department for the mowing position.
- GPD has completed the preliminary asbestos removal/remediation for Village Hall and is currently awaiting final waste disposal manifest from Cardinal Services for the final asbestos removal / remediation for Village Hall. The preliminary report has been forwarded to Canton APCD. Once the final remediation report is complete, the final report will be submitted to Canton ACPD.
- The village’s renewal grant for continued participation in the Efficiency Smart program would be approximately $16,800. I have asked that the village’s share of the renewal grant be applied as a credit toward the current program costs.
- Introducing Home Performance Solutions with Columbia Gas and Efficiency Smart in partnership with Brewster Municipal Electric: Columbia Gas customers can complete a $50 home energy audit and your energy auditor will install energy-saving products at no charge—compliments of Efficiency Smart. Call 877.644.6674 to schedule your audit or visit efficiencysmart.org for more information.
Council Member Hilliard stated at the corner of Harriman and Needham there is a buzzing noise. It comes and goes. It is not the light. He was told this could be something very bad and would like it checked out.
Council Member Strausbaugh asked if VA Pauley had sent the letters to the north end regarding the water pressure issues. VA Pauley stated they are getting more readings so they can see if there are any inconsistencies. He will have Council proof the letter once it is drafted.
VA Pauley spoke to Sean Duff regarding flooding of his yard. There are no storm sewers nearby. There is no good solution to the problem. His roof discharges into the low spot. There is no good drainage unless the Village does a storm sewer project to the west or south of his property.
VILLAGE MAYOR: Mike Schwab
Mayor's Handout:
Shearer’s Meeting:
- VA Pauley and I met with Matt Kutchbach, Shearer’s Brewster Plant Manager
- Reviewed Elton Street Intersection Upgrade, Discussed possible reconfiguration of Shearer’s water tap, Requested information on any near future utility impacts from their operations
- Advised of the pending Sewer Rate increase
First Energy Meeting in works (VA, Dwight of GPD, & Mayor)
- To discuss FE purchase of Village Feeder line between the Warmington Road Substation & FE’s new Harmon Substation
- Mostly to wrap up the purchase
- We will provide Council with final numbers to consider
- Sale will require a legal review of a contract & Council authorization by ordinance
Proposed Village Ordinance Codification Project: (initially presented on 04/07/2014)
- We have received a Proposal & Quote American Legal Publishing (Atty. Ruth Fazio)
- We have received a Proposal & Quote Walter Drane (Owner Mike Kelly)
- Proposals are very similar along with the cost for both including web hosting of Village ordinances
- Six months to a year undertaking which will require some Village personnel involvement
- With our past experience with American Legal, we recommend contracting with ALP
Utility Regulations Project
- As part of the codification process VA, the appropriate utility Superintendent, the Solicitor, & the Mayor will provide Council with a recommendation to update regulations in the Electric, Water, and Sewer Utilities
Employee Handbook Project (Last update in 2008)
- In the next year VA & Mayor will provide Council with recommendations to update the Employee Handbook for their consideration
- This will include Job Descriptions for each Village employee position
- As this unfolds we will meet with Council’s Employee Committee at junctures to request their review and input
GIS (Geographic Informational Systems) Mapping Proposal
- A quote for this service from RCAP will be provided in the near future
- Check out the following link for the Hudson, Ohio GIS http://www.hudson.oh.us/index.aspx?NID=579
Explore Proposed Electric Service outside of Corporation
- Cost, Benefits, Funding
- A number of variables and consequences need to be considered
- Future ability to remain competitive with the market may be driving force
Suggestion for modification to Pending Sewer Rate Ordinance:
- The Capital Charge & Service Charge were created in early 1992 to address debt for significant infrastructure improvements taken on at that time
- In 2013 Council created a Sewer Replacement Fund and a Sewer Debt Fund
- I would suggest that that the total of the Capital & Service Charges be as proposed in the pending ordinance, but that they be adjusted so the
o Capital Charge would be used to Fund the Sewer Debt Fund
o The Service Charge be used to Fund the Sewer Replacement Fund
- The pending ordinance the total of the Service Charge in 2014 ($ 12.96/mo) and the Capital Charge ($ 15.48/mo) = $ 28.44 x 12 months x 878 customers = $ 299,643.40 per year
I would suggest that the Capital Charge be modified to service the $ 257,525.10 Sweetwater Debt which would be $ 257,525.10 divided by 878 customers divided by 12 months = $ 24.45/month
- I would suggest that the Service Charge be modified to fund the Sewer Replacement Fund. Under the pending ordinance scenario this would entail subtracting the $257,525.10 from the new total of $ 300,326.40 provided by the 3.5% increase in 2014.
- This would be a difference of $ 42,118.74 divided by 878 customers by 12 months = $ 4.00/month (suggested Service Charge)
- If Council desired they could consider foregoing the 3.5% increases after 2014 for the Capital Charge and still be able to fund the Debt
- May I suggest that the new rates be made effective on January 1, 2015 to allow users to budget for the increase
- If the Finance Committee is interested may I suggest that they meet to discuss this suggestion
Disaster Coordinator Dave Duff has tendered his resignation from the Disaster Coordinator position. Request that Council accept Dave’s Resignation.
Please check out new Village Web Site template; It is a fluid instrument always in need of updating.
Village government Contact List (Council copy)
Proclamation: My Pleasure to Proclaim May 16th & 17th as Poppy Day in the Village of Brewster
Council Member Godwin was excused from the meeting at 7:58pm.
VILLAGE CLERK-TREASURER’S REPORT: Kris King
Provided April Financial statements to Council.
Reminder: The annual mandatory Drug-Free Safety Program Training sessions have been scheduled for May 6, 2014. DFSP Supervisor Training is at 9 am followed by the DFSP Employee Education at 10:15 am. There will also be an evening session at 7 pm to accommodate the Fire Department & Council members. The meetings will be held in Council Chambers due to Election Day.
"VILLAGE SPEAKS"
Council Member Tharp: Dave Duff contacted him concerning his son's property. Water is pooling in his backyard.
Council Member Tharp: He wanted to thank Officer Denise Rossiter for helping him find his cat that jumped out the window.
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 reported on the Utility Committee meeting from tonight at 6 pm. They discussed reconfiguring the Sewer Rate increase which would not cost as much. Also discussed having the rate increase not start until January to allow everyone to budget for it.
Council Member Hilliard reported on the Finance Committee meeting from tonight at 6:30 pm because Council Member Godwin had to leave. They discussed the purchase of the track hoe and frontend loader. The money is available but some members of Council may want to delay the purchase.
Spring Clean Up during the week of 04/21 was successful; 27 tires were dumped in the process even though it is clearly marked "No Tires". The Village has to pay $3 each to have them removed. Council Member Fox asked VA Pauley if he ever worked at a place that used a private company to do the pick up for spring cleanup. VA Pauley has and he stated this service is very expensive and the Village may have to scale back or eliminate the service.
Arbor Day went well, between rain showers, on Friday 04/25.
Records Commission has a meeting scheduled for Monday, June 2nd at 6:45 pm.
Reminder: The annual mandatory Drug-Free Safety Program Training sessions have been scheduled for May 6, 2014. DFSP Supervisor Training is at 9 am followed by the DFSP Employee Education at 10:15 am. There will also be an evening session at 7 pm to accommodate the Fire Department & Council members
REMINDER – May 19th at 6:00 pm - Street Committee Work session
June 2nd at 6pm - Economic Development
June 16th at 6 pm - Parks & Grounds Work Session
EXPENDITURE REQUESTS from past Meetings:
PROPOSALS PENDING:
Purchase of the American Legion Building – Awaiting response from Legion per Council’s 03/17/2014 proposal. Solicitor provided guidelines on sale of land on 04/21; Mayor has verbally asked Commander Lutz to have the Legion make an offer for the Village’s land on which the Legion building is sited.
Ohio Valley Energy: Notification of application to ODNR to drill oil & gas well Zearley Unit #1D adjacent to Elm Street; public comment may be sent to ODNR at address listed in letter (Council copy); as this violates Village Zoning Code and will have an impact on residential neighborhood would suggest that Council protest.
OLD/NEW BUSINESS:
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to accept Matthew Bair as a probationary firefighter pending successful, physical, drug test, and background check. The vote: All yes.
COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to send a letter to the ODNR stating the Village has an ordinance that prohibits drilling within the Village. Council Member Tharp stated he would be recusing himself from the vote because he has an uncle that works for ODNR, Oil & Gas Division. The vote: Strausbaugh, yes; Tharp, abstain; Fox, yes; Hilliard, yes; Mackey, yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to hold an Employee Committee meeting to discuss wages on June 9th at 6:00pm. The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to have VA Pauley go to Joann Brown's driveway and get an estimate for gravel to improve that alley. Council Member Tharp added to get a couple of options like laying down the base. Council Member Mackey stated there are too many other priorities. He feels there is a better way to spend those dollars. He also says there are too many similar situations throughout the community. Council Member Hilliard doesn't think we are looking at $100,000, just a couple thousand. Council Member Mackey thinks this will be opening a can of worms. Council Member Hilliard thinks we also need to take care of trees that were planted by the Village and damaged sidewalks. The vote: Strausbaugh, yes; Tharp, yes; Fox, yes; Hilliard, yes; Mackey, no.
VA Pauley reported on the ordinance codification quotes from American Legal and Walter Drane. He gave comparisons of the two services along with the pricing. He is recommending American Legal and if there are no objections he will accept American Legal's proposal and move forward. There were no objections.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to have an ordinance drawn up to purchase a 2015 Ford Expedition Police Interceptor from Mullinax Ford at a cost of $ 35,793.50 from the Police Car and Equipment Fund. The vote: All yes.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to accept Dave Duff's resignation as Disaster Coordinator. Council Member Tharp stated Mr. Duff had called and apologized for resigning. He stated he was quite flustered and didn't know if he was resigning for the right reasons. Council Member Strausbaugh stated he was pulled in two directions. Council Member Fox stated you can't stop someone from resigning. Council Member Hilliard asked the Mayor to send him a thank you letter. Mayor Schwab stated he already intended to. The vote: Strausbaugh, yes; Tharp, no; Fox, yes; Hilliard, yes; Mackey, yes.
COUNCIL MEMBER HILLARD MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to adjourn the meeting at 8:36pm. The vote: Strausbaugh, yes; Tharp, no; Fox, yes; Hilliard, yes; Mackey, yes.
Respectfully submitted,
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K. Kris King, Village Clerk-Treasurer
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Mike Schwab, Mayor