June 6, 2016 - 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.

 

Mike Schwab, Mayor

Dale Fox, Council Member                  Dave Godwin, Council Member

Chuck Hawk, Council Member                       Tom Hilliard, Council Member                       

Paul Mackey, Council Member                        Steven Tharp, Jr., Council Member    

 

Kris King, Clerk-Treasurer                   Dan Klein, Interim Village Administrator

Fire Chief Chris Colucy                                   Jim Spivey, Village Technician

 

Mayor Mike Schwab asked if there were any additions or deletions to the May 16, 2016 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. 

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to accept the bills for the amount of $ 538,763.56.  The vote: All yes.

 

LaVonne Heitger, 317 Seventh St, SW, had been threatened by the neighbor’s gray and white pit bull on May 19th.  The dog was even charging at her through a window.  She called the police and two officers responded quickly and the dog was barking and acting aggressive towards the police.  The dog warden was called and arrived promptly and was met by the aggressive dog.  The officers and dog warden were able to see where the dog escaped and mended the opening with wood.  Mrs. Heitger made a written statement to the dog warden.  The neighbor apologized and assured her it would not happened again.  The neighbor was  charged with having a loose dog and no dog licenses.  Her concern is that the neighbor is running an animal rescue where there are 7-8 dogs of which 3 are pit bulls.  She has counted 6 ducks.  There has also been three truckloads of what appears to be reclaimed wood stacked on the property.  Mrs. Heitger is concerned about rats and mosquitoes, especially with Zika virus.  She is asking Council to look into how many dogs are allowed on a property within the village, whether an animal rescue is permitted and whether the dumped wood falls under the Property Maintenance Ordinance.

 

Ray Heitger, 317 Seventh St, SW, stated there were issues years ago with a dogs on that property.  Village Council was going to create legislation addressing the number of animals on a given property.  Mr. Heitger commended the Street Department and other guys that helped on the wonderful job they did on asphalting Wabash.

 

Lynda Riley, 5525 Muffly, has found herself with extra time and would like to donate her time to help around the village.  She stated she had a background in social services, organizations, grant writing.  Councilman Hilliard suggested contacting the Brewster Sugarcreek Historical Society.     

 

Audience in attendance: Cindy Mackey, Jenny Spivey, and Ann-Margaret Lambo.

Ordinance 16-2016: An ordinance authorizing a November 2016 ballot issue to increase the Village Income Tax to 1.5% was given third reading.  Solicitor Amthony advised that he had the ballot language reviewed by the County Prosecutor’s Office.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to pass the ordinance as read.  The vote: All yes.

 

Resolution 17-2016: A resolution authorizing the submittal of a November 2016 ballot issue to the electors to increase the Village income tax to 1.5% was given third reading.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to pass the resolution as read.  The vote: All yes.

 

Ordinance 18-2016: An ordinance authorizing Change Order #3 for Sweetwater Pump Station Project in the amount of $ 2439.84 was given third reading.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to pass the ordinance as read.  The vote: All yes.

 

Second Reading: An ordinance authorizing the rezoning of Brewster Cheese parcels on E. Seventh Street.

 

First Reading:  An ordinance authorizing the modification of water usage fees and charges.

 

Resolution 19-2016: A Resolution of Congratulations to the Brewster Parke Senior Living Community and the Childs family for celebrating forty years of service in the Brewster community.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to pass the resolution as read.  The vote: All yes.

 

Councilman Tharp would like to see the Childs family invited to the next Council meeting to receive their resolution.

 

Councilman Hilliard requested that the specifics in the water rate modification ordinance be discussed and asked if another meeting should be scheduled.  There was a discussion of what was discussed at the committee meeting that Councilman Hilliard had been unable to attend.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to amend the ordinance to reflect the following changes:

 

The first paragraph in Section 1.A shall read: It is required that every customer’s connection be metered, and that the components of each Village Water customer’s account will be based on that metering.  The consumption component of the monthly billing for those metered accounts shall be increased by 2.75% beginning with the customer’s bill on July’s usage and reflected on the customer’s August bill…..

 

The first paragraph in Section 1.B shall read: Water usage rates for water customers of the Village Water Utility shall be increased by 2.75% in each of the following five years beginning with the customer’s bill on January usage and reflected on the customer’s February bill….

 

The first paragraph in Section 2.B shall read:  The fixed percentage shall be 2.75% unless Council approves action to adjust this amount….

 

The vote: Hawk, yes; Hilliard, no; Mackey, yes; Tharp, yes; Fox, yes; Godwin, no.  Motion carries.

 

FIRE DEPARTMENT: Chief Chris Colucy

Chief Colucy gave a review of this year’s Firemen’s Festival.  He stated everything went very well and thanked those Council members that came down to support the Fire Department.  The parade was one of the largest with 107 units not including the Luthi trucks and the Corvettes.

 

Contract processed with Sol Harris Day Architects and design phase of the proposed Fire Building reconfiguration; Architect Bill Griffith was in today to begin work with Chief Colucy.  Chief Colucy stated that a ventilation system is going to be needed for the stove in the kitchen.  He also received an email that discussed USDA grants and loans.

 

The Ohio Dept. of Services Agency Grant for a new ambulance was not funded this year.  No reason was given but they said to try again next year.  The FEMA grant for the pumper has not been awarded yet.  They are making awards every couple weeks.

 

Three of the big trucks have been sent out for maintenance.  One of the trucks received a DOT inspection.  The two others will receive free inspections through the state.

 

Chief Colucy stated that he is getting more involvement from the firefighters and not just the same five or six members on most of the calls.  He has also received some interest from residents to join the department.

 

The Firemen’s Association purchased a 2016 Tahoe.  He invited Council to come over to the department and check it out.  It will go out to be lettered later this week.

 

Council Member Tharp suggested the Finance Committee get together to start setting aside funds for some of the big expenses coming up for the Fire Department.

POLICE DEPARTMENT:Captain Creter-excused (Chief Harry Porter on Leave)

Eight Officers had firearms requalification last week.

 

Councilman Tharp stated he appreciated how well Capt. Creter has stepped up in Chief Porter’s absence.  He is especially impressed with the amount of information that has been shared with Council.

 

Councilman Godwin asked when Chief Porter would be returning to work.  Mayor Schwab stated he has not been released from his doctor and has an appointment later this month.

 

Councilman Hilliard asked if Capt. Creter looked into who was the Officer at the time of the break-ins and where they were.  Mayor Schwab stated that the break-ins occurred at 29 different locations and is believed to be linked to the break-ins that occurred in Perry and Navarre.

 

Councilman Mackey had received a visit from a gentleman that lived outside of town.  His wife had recently passed and was having trouble transferring titles.  The gentleman didn’t know where else to turn so he stopped in at the Police Dept. Capt. Creter took the time to help him get everything straightened out when he could have told him that he wasn’t a resident and go away.  The gentleman wanted to make sure that the Village Council was aware how well he was taken care of.

 

Solicitor Anthony requested an executive session.

 

COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to enter into executive session for the purpose of considering the employment of an employee of the Village of Brewster at 7:53 p.m.  The vote: All yes.  All Council Members, the Mayor and the Solicitor exited the room.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to exit executive session at 8:08 p.m.  The vote: All yes.  No action was taken.

 

Solicitor Anthony wished to correct the record by saying that the Walker case has an appeal pending in the Ohio Supreme Court.

 

Solicitor Anthony continued his discussion on a recent case regarding email correspondence decided by the Ohio Supreme Court.  It states that when a majority of a governing board are involved in emails that lead to legislation, it is considered a meeting and all emails are public record.

 

Councilman Hilliard asked if Solicitor Anthony has received the information requested from John Barkan.  There has been no response provided.

 

Village Prosecutor Larry Chapanar advises that he will be retiring as Village Prosecutor on July 1^st, and Attorney Ian Crawford who assisted in the past, is recommended by Larry as the new Village Prosecutor A new contract has been submitted and requires the approval of Council by legislation.

US Army Corp conducting Watershed Assessment on Muskingum River Basin; meeting on June 14 at Sippo Lake Exploration Center; Mayor will attend.

 

INTERIM VILLAGE ADMINISTRATOR: Dan Klein

Streets:

Water:

Sewer:

Electric:

 

Councilman Godwin asked if there was any word on when Vasco will be doing the resurfacing of the basketball and tennis courts and the skatepark.  VA Klein will contact them and try to get a date.  Godwin also asked if the signs were up on the new gazebo.  They have been ordered.

 

Council Member Hilliard reported that at 319 Needham, he felt having a contractor do the concrete work was a waste of money because our guys could have done it.  VA Klein stated that Ziegler Concrete was already in town doing concrete work.  Hilliard stated that he had two people contact him about how bad West Seventh Street was getting past the curve.

 

Council Member Hilliard asked why the Village put money into State Route 93.  The repairs are great but the state should be responsible.  Mayor Schwab stated we had asked the State to grind the area but the patch was due to our water line project.  Clerk King added that the Village receives gas tax and motor vehicle registration money and 7.5% of any of this money is required to go into a State Highway Fund that can only be used on State Route 93 in Brewster.

 

Council Member Tharp was contacted by the homeowner next to the Post Office.  She is concerned about a tree in front of her house.  VA Klein stated he has looked at it and when he went to talk to her she was gone.  He will try to contact her again tomorrow.

 

VILLAGE MAYOR: Mike Schwab

1.         Proposed Solar Project UPDATE:

2.         McKinley Street Electric Line Project UPDATE:

(Council copy of invoice to show industry employee wage/benefits costs).

3.         W. Elton Street Chip & Sealing Proposal UPDATE:

4.         Suggested Near Future Water Projects:

(Project & Engineering will probably require a Loan).

Urge Engineering in 2016 - PDG to provide a cost for next meeting.  

Urge Bid & Complete project in 2017.

(Project & Engineering will require a Loan).

5.         The RCAP Sewer Analysis/Village Sewer Rate Study

6.         201 McKinley Apartment Building    (review initiated by Mayor’s Office)

 

 

8.         Next week PD Capt. Creter & Mayor will meet with Fairless Supt. Bidlack to explore expansion of the Brewster/Fairless Officer in School program to 40 hours per week.   

 

9.         Electric Department Infrastructure Spreadsheet compiled by Supt Radich and Mayor for Council review. (Council copy). 

            AMP recently advised that 17.9% of the Village Electric Portfolio is from renewable resources

                        AMP Hydro & NYPA (hydro at Niagara).

 

10.       In recent weeks the newest pavilion has had some minor vandalism – broken spindles, loose banister, missing end caps, and so forth.   The PD and others have chased kids on skateboards and bicycles out of the pavilion. 

11.       Would like to meet with Special Employee Wage & Benefits Committee in near future to work on the draft of proposed employee wage & benefit legislation (Village Clerk, & Councilmen Hawk & Mackey).

           

12.       Request Council’s assistance in identifying overgrown properties that will need to notified and possibly mowed.  If you recall each Season the Village needs to notify the property owner one initial time.

 

13.       Former Village Hall Bulletin Board; suggest that Council donate the Bulletin Board and letters to the Historical Society for use in front of the WANDLE House.

 

The May and Year-to-Date Financials have been provided to Council.

 

FirstEnergy:  The invoice for FirstEnergy easement transfers has been paid = $59,931.28.  It was deposited in the Electric Fund.

 

Copy machine quotes:

 

Drug Free Safety Program training is scheduled for Tuesday, June 28^th at 7:00 p.m. and Wednesday, June 29^th at 9:15 a.m.

 

Joyce Cunningham is resigning as custodian for Village Hall and the Police Department as of June 20^th, 2016.  Council Member Hilliard asked if the position would be advertised.  King stated part time employees would be asked first. 

 

On-Line Bill Pay: In May we had 43 residents pay their bills online which is up from 31 in April. 

 

COMMITTEES or COUNCIL REPORTS: 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 of the Whole Meeting Minutes from May 23 Solar Project meeting with ARE representative

 

Council of the Whole Meeting Minutes from May 16 Solar Project meeting w/Dwight - GPD engineers

 

Minutes from April 20 Fire Department SOG Committee Meeting

 

Latest Draft of Employee Wage/Benefit legislation proposal is being reviewed by that committee

 

The Single Hauler Poll is on the latest utility bills; numbers as of May 16^th - 865 residential bills mailed:       FOR = 87     AGAINST = 242                      (38% participated)

 

June 13^th at 6:30 p.m. – AMP Solar Proposal presentation by AMP engineer and marketing.  Please mark your calendars.

 

REMINDER: Council appointment of two Village Board of Income Tax Review members

 

From Mayor: Council review of Clemans & Nelson HR consultation proposal requested

 

Councilman Godwin: Schedule One Council Meeting in July; suggests July 18^th

Brewster Cheese Letter: requested Council consider their Rezoning as emergency legislation on 06/20

 

From AMP through IGS Energy Home Services: ability to offer our utility customers utility lines protection services for gas, water, electric, and sewer lines for a monthly fee.

 

Resident: The Single Waste Hauler Proposal;   Utility Bill Poll: PRO - 87        CON – 242 (38% participated)

 

Addition of Solar power to Brewster Electric Utility power source portfolio

OLD or NEW BUSINESS: (Council Rules dictate a one meeting review period for expenditures, unless deemed an emergency)

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to contract with Graphic Enterprises for a multi-functional copy machine.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to advertise for quotes for a trash hauler for the fall clean-up in September.  Councilman Hilliard thinks that only one clean-up is necessary each year.  Councilman Tharp stated even if we don’t do fall clean-up, it is good to have the information.  The vote: All yes.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to draw up a change order for Thompson Electric for the McKinley Line Project.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to approve Solicitor John Anthony and GPD Engineer Dwight Niederkofler to work with Bricker and Eckler, LLC on the Solar Project negotiation recommendations.  Atty. Anthony stated one of the biggest problems is finding investors with all the contingencies especially with the current status of the real estate.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to donate the old Village Hall bulletin board to the Brewster Sugarcreek Historical Society.  The vote: All yes.

 

COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to schedule Wage Committee meeting on June 20^th at 6:00 p.m.  The vote: All yes.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to schedule a Parks and Grounds Committee meeting on July 18^th at 6:00 p.m.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to schedule a Finance Council of the Whole meeting on July 25^th at 6:00 p.m.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to create legislation to be considered under emergency for a contract with Atty. Ian Crawford for Village Prosecutor beginning July 1^st, 2016.  The vote: All yes.