April 21, 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:
Ryan Swan, Electric Lineman
MINUTES FROM THE APRIL 7, 2014 REGULAR COUNCIL MEETING:
Mayor Mike Schwab asked if there were any additions or deletions to the April 7, 2014 Council meeting minutes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to accept the minutes. The vote: Mackey, yes; Strausbaugh, yes; Tharp, no; Fox, yes; Godwin, yes; Hilliard, yes.
PRESENTATION OF BILLS:
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to accept the bills for the amount of $ 368,392.11. The vote: Hilliard, no; Mackey, yes; Strausbaugh, no; Tharp, no; Fox, yes; Godwin, yes. Mayor Schwab broke the tie with a yes vote.
AUDIENCE:
Louie Carroll, 830 East Seventh St, attended to say the Easter Egg Hunt was very well organized and appreciated the lunch afterwards at the Moose. He was speaking on behalf of his wife who was unable to attend.
Ray Heitger, 317 East Seventh St, also spoke of the Easter Egg Hunt and stated there were about 130 children and it went very well. He wanted to thank the Moose and Belloni Foods. He also thanked Council for the funds to make it possible.
Residents in attendance: LaVonne Heitger, Cindy Mackey, Linda Taylor, Judy Maybaugh, and Dawn Strausbaugh.
CONSIDERATION OF ORDINANCES:
Third Reading: An Ordinance authorizing an adjustment of the base wages and benefits of Village employees. (Copy provided on 03/17/2014) (Copy provided tonight of Section 16 which makes the ordinance retroactive to 01/01/2014 per Council amendment on 03/17/2014).
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER MACKEY to bring the ordinance forward for passage.
There was a discussion on cost, compromise, losing an employee, hidden cost of benefits, was it within the budget, and the clarification of the beginning balance of $157,000 in the General Fund. Council Member Mackey stated that employee raises had already been appropriated and Council approved the appropriations.
The vote: Mackey, yes; Strausbaugh, no; Tharp, no; Fox, no; Godwin, yes; Hilliard, no. Passage of the Ordinance fails.
Third Reading: An Ordinance amending Ordinance 12 -2011 to end the transfer to the Recreation Fund to place that $750 quarterly transfer in the Street Resurfacing Fund.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER MACKEY to bring the ordinance forward for passage.
Council Member Tharp didn't think this was realistic. The discussion then revolved around the upcoming Street Levy.
The vote: Mackey, yes; Strausbaugh, no; Tharp, no; Fox, yes; Godwin, no; Hilliard, no. Passage of the Ordinance failed.
First Reading: An ordinance authorizing a modification of Ordinance 03-2008 concerning Sewer Rates and Charges.
First Reading: An ordinance authorizing the purchase of a CAT Excavator and a CAT Front End Loader through the State Cooperative Purchasing Program.
First Reading: An ordinance adopting a Social Media Policy for Village Employees. Council Member Tharp brought up a section that talks about elected officials and stated that political activities could not be enforced. Solicitor McCallin stated the ordinance could be amended during the remaining readings.
MUNICIPAL DEPARTMENTS:
Fire Department: Chief Ricky Patterson
Renewal of the annual Service Agreement for the 2 LifePaks (defibrillators) = $ 2415.00 (lapses 04/23/2014).
The location of the Car Show during the Firemen's Festival was discussed. Council Member Tharp didn't feel Chief Porter was thrilled about the locations previously discussed. Council Member Fox stated only one resident would be affected by blocking 2nd St SW.
Police Department: Chief Harry Porter
Projects: Provide Specifications for purchase of a 2015 police vehicle (fits 3 year replacement rotation) and notification & removal of junk cars within Village corporation (will involve Prosecutor if necessary).
Truck and trailer parking on the Village's corner lot at East 5th and Wabash was brought up. It is private property.
SOLICITOR: Attorney Al McCallin (Per Procedures the Solicitor will be excused after his spot)
Per Mayor’s Request: O.R.C. Guidelines for sale of Village property. Per ORC 721.03: Sale must be done by competitive bidding with the approval of 2/3 Council consensus. It must be advertised once a week for five weeks.
Mayor requested an Executive Session to provide information concerning current litigation on the AMPGS - Bechtel Project.
COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER FOX to go into Executive Session to consult with Legal Counsel to discuss current litigation on the AMPGS – Bechtel litigation, and to include the Village Solicitor, Mayor, Clerk-Treasurer and Village Administrator at 7:43pm. The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX to exit executive session at 8:09pm. The vote: All yes. Mayor Schwab indicated that no decisions or actions were taken during executive session.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to prepare an ordinance to pay the Village AMPGS liability for stranded costs and declare it as emergency as the deadline is June 1, 2014. The vote: All yes.
COMMUNICATIONS:
Copy: a portion of the latest AMP Partners Newsletter: a number of electric lineman employment ads.
A new house being built on Scioto Avenue by Kenny and Jeannie Brediger.
VILLAGE ADMINISTRATOR: Rob Pauley
Administrator’s report for period 04/08/2014 thru 04/21/2014:
- Reilly Sweeping performed initial street sweeping 4/17/2014 (2-day delay due to weather).
- Lake County Sewer Co. scheduled for video inspection of selected sewers on May 5, 2014. Sewers on both sides of the underpass to be inspected to determine extent of sewer / sidewalk repairs.
- Vasco Asphalt scheduled for Monday, May 19th to creak seal / sealcoat Walking Path. Foot traffic should be off the path for 24-hours.
- AMPGS Stranded Cost payment option – email distributed outlining payment options and recommended option. Council decision required by June 1, 2014. VA thanked Council for taking action.
- Kenmore Construction mobilizing material / equipment for Sweetwater Pump Station project. Anticipated excavation to begin within 2 weeks.
- Executed proposal from GPD for Renovation Plans (architectural floor plan & electrical floor plan) need for Stark County Building Permit plan review ($15,852).
Council Member Godwin asked if the VA felt the Village needed a fourth lineman. VA Pauley stated he feels the Village needs to hire the fourth lineman but recent qualified applicants have starting salaries are higher than our Superintendent's wages.
Council Member Hilliard stated there is an issue with his storm sewer grate. He wanted to know if the Village Street Department was going to look at it. They will be taking a look at it.
Council Member Strausbaugh is disappointed to what this renovation is turning into. It started with a request for $150 to paint, then a $ 20,000 remodel project, now $50 - 60K because of hasty decisions. He is frustrated and disheartened. There is a way of doing things right. He is not about taking things out of another fund. He quoted Proverbs - In multitude of Council there is safety. He stated it is not always about kicking the can. He then went on to discuss the street garage that Council pushed through.
VILLAGE MAYOR: Mike Schwab
1. Proposed Village Ordinance Codification Project: (initially presented on 04/07/2014)
American Legal Publishing Quote & Proposal (Atty. Ruth Fazio).
Proposal –
- Review of all Village ordinances
- Publish 500 pages of local legislation in addition to State based Traffic & General Offenses
- Legal review of Village ordinances by their staff attorneys, including a review of any conflicts between State law & Village legislation
- As many copies of new Codification binders as desired
Cost -
- $ 10,950 (paid 20%/60%/20% in 2014/2015/2016)
- Optional Cost – Folio/Internet Version = $ 975 for setup plus $ 495/year for hosting –
Please check out their web site; currently host 124 Ohio municipals.
A representative from Walter Drane will also provide a proposal & quote – Visit on Friday morning.
2. GIS (Geographic Informational Systems) Mapping:
- Kris and I attended a presentation provide by RCAP (Ohio Rural Community Assistance Program).
- Mapping of community infrastructure .would lend itself to our electric system, water distribution system, the sewer collection system, streets, storm water collection system, zoning, and so forth.
- GIS is not only a map of each system that is easily modified as changes are made, but a easily accessible depository of data as an electronic under layer to each specific system. I would consider this a codification of the Village infrastructure.
- One system, such as the Electric infrastructure, is mapped initially and this map is then used to build the others.
- An RCAP representative pay us a visit to outline the process and the cost. RCAP (Rural Community Assistance Partnership) is a government funded organization, and may be a lower cost provider for this.
- If you are interested in looking at what GIS can do the following link is for the Hudson, Ohio GIS on their web site - http://www.hudson.oh.us/index.aspx?NID=579.
- A quote for this service from RCAP will be provide in the near future.
3. 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.
- If the Finance Committee is interested may I suggest that they meet to discuss this suggestion.
4. Mayor Schwab proclaimed May as Motorcycle Awareness Month as requested by ABATE - American Bikes Aimed Towards Education.
Council Member Tharp stated he listened to Council Member Strausbaugh talk about the remodeling project and the incurring costs not anticipated. It is now at a significantly higher cost. He doesn't feel in-house projects is the appropriate way to go. He questions whether Supt. Patterson should be given educational opportunities since he is the Construction Foreman. He needs to know permits that need to be pulled and standards that need to be met. When Council Members state they have issues, it's not personal but professional. Council Members are supposed to be able to rely on these people but actions speak louder than words and he doesn't know what needs to be done but this cannot happen again. He wants to know what specifically is going to be done to Supt. Patterson. He wasn't in favor of this project in the first place and it left a bad taste in his mouth. He asked what the Mayor and VA's opinions are. He wants to know what specifically is going to happen to Supt. Patterson and what else is going on. Mayor Schwab stated the VA has been keeping Council informed and he has nothing to add. Council Member Tharp questioned the street garage. VA Pauley stated he will look at what permits need to be drawn, as well as what these permits require. Council Member Tharp stated he will say, and would not have a problem saying to Supt. Patterson's face, that his confidence in him is shaken in his ability to function in the position he is in. At Council Member Tharp stated that at his last job, if he cost his employer this much, he would be demoted at the very least. Strausbaugh asked the VA to check into 2 hour asbestos training classes for the employees. He felt this would help the employees to look for asbestos where the average person wouldn't think to.
VILLAGE CLERK-TREASURER’S REPORT: Kris King
I will be attending Municipal Clerk’s Conference in Dublin Tuesday afternoon – Thursday.
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.
"VILLAGE SPEAKS"
Council Member Tharp: Mike Epler on East 1st St. called because his water came out pure black. Supt. Pepper to follow up.
Council Member Hilliard: He asked that the guys pickup the stuff on his brother-in-law's trailer.
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 Meeting Minutes from 04/07.
Spring Clean Up –This Week Monday – Thursday; no mattresses, TVs, tires, building materials, paint.
Arbor Day attendance in Cambridge, Ohio on April 22; Paul Mackey, Tim Stith, VA Pauley, & Mayor.
Arbor Day in Ohio is Friday, April 25th; Request that Council set the date, site, and tree for the Village observance.
FYBSA Opening Day on Saturday. April 26th at 9 am in Bimeler Park.
Pitch, Hit, and Run contest: FYBSA event on Saturday 04/26 at 9:45 am in Bimeler Park (Councilman Godwin).
Shearers Foods Associates Earth Day observance on April 22nd is iffy as of April 11th; new production coming on line may conflict per Jennifer Moehl.
Congratulations and a thank you to LaVonne & Ray Heitger, Judy Maybaugh, Toni Hess, Mary Lou Klein, Diane Wade, Sgt. Denise Rossiter, Councilman Tharp, two Strausbaugh boys, and anyone that I may of missed that made the Easter Egg Hunt possible. Nice turn out, nice weather, and an outstanding event. Thank you !
EXPENDITURE REQUESTS from past Meetings:
Presented tonight but has a 04/23/2014 renewal date –
Renewal of the annual Service Agreement for the 2 LifePaks (defibrillators) = $ 2415.00.
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 tonight.
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.
Codification of Village ordinances – additional information and costs presented this evening.
OLD/NEW BUSINESS:
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to establish April 25, 2014 as Arbor Day in the Village and plant a Ginkgo tree in Witting Park at 5 pm. The vote: All yes.
Council Member Hilliard asked about a finance committee meeting. Council Member Godwin stated it is scheduled for May 5th at 6:30pm.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to hold an Economic Development Committee meeting on June 2 at 6 pm. The vote: All yes.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to hold a Utility Committee meeting to discuss possible amendments to the Sewer Rate Ordinance on May 5th at 6 pm. The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to hold a Parks and Grounds meeting on June 16th at 6 pm with one of the topics being Intelligent Access Systems, a camera company, giving a presentation for park cameras. The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to consider the Physio-Control Annual Service Agreement as an emergency and approve at tonight's meeting at a cost of $2,415 from the Fire Fund. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX 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