December 17, 2012 - Meeting Minutes

MINUTES

BREWSTER VILLAGE COUNCIL

DECEMBER 17, 2012

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 K. Kris King followed by the Pledge of Allegiance.

 

MEMBERS PRESENT:

Mike Schwab, Mayor

Sherri Bichsel, Council Member

Dave Duff, Council Member

Dave Godwin, Council Member

Tom Hilliard, Council Member

Jay Huff, Council Member

Steven Tharp, Jr., Council Member

 

VILLAGE OFFICIALS PRESENT:

Steve Hartman, Village Administrator

K. Kris King, Clerk-Treasurer

Al McCallin, Solicitor

 

MINUTES FROM THE DECEMBER 3, 2012 REGULAR COUNCIL MEETING:

Mayor Mike Schwab asked if there were any additions or deletions to the December 3, 2012 Council meeting minutes.  There were none.

 

COUNCIL MEMBER BICHSEL 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 THARP and motion carried to accept the bills for the amount of $ 68,366.13.  The vote: All yes.

 

AUDIENCE:

The following residents were present: Dale Fox, Paul and Cindy Mackey, Joe and Micah Strausbaugh, Ray and LaVonne Heitger, and Linda Taylor.

 

CONSIDERATION OF ORDINANCES:

RESOLUTION 39-2012: A Resolution of Temporary Appropriations was given third reading.

 

COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to pass Resolution 39-2012 as read.  The vote: All yes.

 

ORDINANCE 40-2012: An Ordinance of Supplemental Appropriations for the Fiscal Year Ending on December 31, 2012 was given third reading.

 

COUNCIL MEMBER DUFF MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to pass Ordinance 40-2012 as read.  The vote: All yes.

 

ORDINANCE 41-2012: An Ordinance Transferring Funds from the General Fund to the Fire Fund was given third reading.

COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER GODWIN and a discussion ensued.

 

COUNCIL MEMBER DUFF MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to amend the motion to a $15,000 transfer from the General Fund to the Fire Equipment Fund.  the vote: All yes.

 

The vote on the amended Ordinance 41-2012: All yes.

 

COUNCIL MEMBER DUFF MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to pass Ordinance 40-2012 as read.  The vote: All yes.

 

An Ordinance setting Compensation for Village's Elected Officials for 2013 (Village Clerk a 2% increase; Council and Mayor no increase) was given third reading.  Council Member Huff stated that since the employees raise ordinance failed he cannot put an elected official above hired employees and they should be put together.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HUFF and motion carried to table the ordinance.  The vote: Duff, yes; Godwin, no; Hilliard, no; Huff, yes; Tharp, yes; Bichsel, yes.  Motion passed to table the ordinance.

 

ORDINANCE 42-2012:  An Ordinance authorizing payment on the Electric/OMEGA JV2 note ($290,000 on principal, interest, legal fees, and bond study) was given third reading.

 

COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to pass Ordinance 42-2012 as read.  The vote: All yes.

 

ORDINANCE 43-2012: An Ordinance authorizing a Change Order for the 2012 Street Improvement Project of $6,019.64 was given third reading.

 

Council Member Tharp stated his opinion was still the same.  They under bid then come back for more money.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to pass Ordinance 43-2012.  The vote: Duff, yes; Godwin, yes; Hilliard, yes; Huff, no; Tharp, no; Bichsel, no.  The Mayor broke the tie stating that they performed the work and need to get paid.

 

ORDINANCE 44-2012:  An Ordinance authorizing a 35mph speed limit on Route 62/Navarre Rd SW in front of the Fairless Middle and High Schools was given third reading.

 

Council Member Hilliard stated the speed change needs to be highlighted.  VA Hartman stated it is not normally enforced for thirty days after passing and the Street Department can put fluorescent tape on the signs for a while.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to pass Ordinance 44-2012 as read.

 

RESOLUTION 45-2012: A Resolution authorizing a grant application to ODNR NatureWorks Program for a gazebo project for BimelerPark was given third reading. 

 

COUNCIL MEMBER HUFF MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to pass Ordinance 45-2012 as read.

 

RESOLUTION 46-2012: A Resolution of Necessity requesting the CountyAuditor to certify the revenue generated by a new 4 mill Fire Levy and declaring an emergency was given second reading.

 

COUNCIL MEMBER BICHSEL MOVED to suspend the rule requiring three separate readings and bring forth the resolution for passage.  Council Member Tharp seconded the motion.  The vote: All yes.

 

Council Member Huff reiterated that we cannot do a replacement levy at this point, but can we change the length of time listed.  Solicitor McCallin stated the length of the levy could be shortened but then we may not have enough time to get it on the May ballot if we make changes.

 

Council Member Hilliard asked if this was just to send to the Auditor to see how much revenue the millage would generate.  It was stated that was all this resolution accomplishes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to pass Resolution 46-2012 as read.  The vote:  Duff, yes; Godwin, yes; Hilliard, yes; Huff, no; Tharp, yes; Bichsel, yes.

 

RESOLUTION 47-2012: A Resolution of Necessity requesting the CountyAuditor to certify the revenue generated by a new 5 mill Fire Levy and declaring an emergency was given second reading.

 

COUNCIL MEMBER DUFF MOVED to suspend the rule requiring three separate readings and bring forth the resolution for passage.  Council Member Bichsel seconded the motion.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to pass Resolution 47-2012 as read.  The vote:  Duff, yes; Godwin, yes; Hilliard, yes; Huff, no; Tharp, yes; Bichsel, yes.

 

RESOLUTION 48-2012: A Resolution appropriating $ 53,000 to the Ambulance Replacement Fund and $ 1,000 to the Unclaimed Money Fund and declaring an emergency was given first reading.

 

COUNCIL MEMBER DUFF MOVED to suspend the rule requiring three separate readings and bring forth the resolution for passage.  Council Member Bichsel seconded the motion.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to pass Resolution 48-2012 as read.  The vote:  Duff, yes; Godwin, yes; Hilliard, yes; Huff, no; Tharp, yes; Bichsel, yes.

 

A Resolution authorizing a Village Investment Policy was given second reading.

 

An ordinance adjusting the wage and certain benefits of Village employees (2% increase in 2013) was given first reading.  Council Member Tharp asked when the committee meeting to discuss this was scheduled.  It is 01/07/13 at 6:00pm.

 

An ordinance providing procedures for the opening of unimproved platted alleys and streets was given first reading.

 

MUNICIPAL DEPARTMENTS:

Fire Department: Chief Rick Patterson

Nothing to report.

 

Police Department: Chief Harry Porter

Chief Porter has contracted Fairless Superintendent about fire lane parking; and the MethodistChurch on South Wabash about parking in crosswalk areas.

 

Response Team has a meeting scheduled this week with Fairless administration.

 

Council Member Huff sat by the schools at 4:11pm and the lights were flashing.  Five consecutive vehicles sped through the school zone at 35-40 MPH.  Then a Yellow Trucking truck went through going the speed limit.  He is going to call Yellow Trucking and let them know their guy was following the speed limit.  Mayor Schwab stated the police monitor the school zone intermittently.

 

Council Member Hilliard wanted to thank Chief Porter for talking to the schools about parking in the fire lane.

 

SOLICITOR: Attorney Al McCallin

Solicitor McCallin has been reviewing the procedures for income tax levies.  Two resolutions are required.  First one amends the original income tax resolution then the second one contains the ballot language.

 

COMMUNICATIONS:

Council Member Hilliard noticed the Dairy drilling on the west side of Rt 93.  He stated they need to let the Village know when they drill.  He stated their well is less than 500 yards from the Village's well heads.  VA Hartman stated the ODNR is in charge of them, but he can contact the EPA.

 

"Fairless Toy Ladies" sent a thank you card and letter for the Village's donation to the toy drive.

 

Council Member Hilliard stated in light of the recent events in Connecticut, there are a lot of concerns about the schools.

 

Council Member Duff stated his daughter is a teacher at Dover Schools and they have the same concerns.

 

Council Member Tharp asked about the surveyors at the sewer plant.  VA Hartman stated they are starting the field work for the sewer project.

 

VILLAGE ADMINISTRATOR: Steve Hartman

Street:

Department picked up leaves one last time today.

 

Department is working on ADA restroom and invited Council to take a look at the progress.

 

Sewer:

We have issues with the sewer line on East Second Street from Wabash Ave to Cleveland Ave.  We televised the line and found extensive problems that cannot be repaired by relining the line.  A rough estimate to dig up and replace is $50,000.  We are trying to get a more accurate cost.  Wenger Excavating of Dalton has submitted a quote for less than $50,000.  We are trying to get another quote.

 

Surveyors are in to begin field work for the Pump Station.  Soil borings have been taken.

 

Electric:

The Department is working on a line at the railroad.  The meters have been received.  There is one for the Railroad and one for the Dairy.  They will be installed whenever the Railroad and Dairy can take an hour and a half outage.

 

Village:

Council Member Godwin reported there was a large pothole at West 2nd and McKinley.  He suggested West 2nd be a possible project for next year.

 

Council Member Hilliard asked VA Hartman if the Street Department was ready for snow.  VA Hartman stated the equipment is ready to go.  Council Member Hilliard also mentioned that some of the storm sewers need cleaned.

 

Council Member Tharp asked if the scrap behind the substation had been cleaned up.  VA Hartman to check.

 

VA Hartman stated he was putting in an application for the Municipal Road Fund to have West Elton paved.

 

MAYOR’S REPORT:

Mayor Schwab provided the following handouts:

• Suggested assignments for 2013 for Council's review and modify for January 7th Council meeting
• Copy of Council Rules and a suggested modification for review for January 7th Council meeting
• Copy of current Village funds transfers; Council may want to review; for any modifications Council may want to consult the Clerk for a review of past  and expected expenses

 

Senior Housing Project: VA and Mayor met with Developer Larry Kolic on 12/10/12 and ICAN Representative Amanda Fletcher on 12/14/12.  Request that Council sign their 09/18/2012 Letter of Support.  Council Member Hilliard stated the people on 5th   Street were angry when the group home was opened there.  Council Member Duff stated that the Village has worked with Larry Kolic before and he wants everything for nothing.  VA Hartman stated Mr. Kolic has been informed how things work around here.

 

Employee health insurance will be up for renewal on 04/01/2013; Insurance Committee may want to begin their review.

 

VILLAGE CLERK-TREASURER’S REPORT:

Remind Council to look over and sign the check register on the table.

 

Request to encumber $600.00 plus travel expenses for annual report preparation.

 

Met with Ohio Insurance Services, Aultcare, and employees on Wednesday, December 5, 2012 to discuss employee issues.

 

Council Member Hilliard asked about account balances.

 

"VILLAGE SPEAKS"

Andy Codispoti would like to see the large pine in front of Village Hall replaced with a smaller tree. 

 

Information about illegal dumping was turned into the Police Department.

 

COMMITTEE OR COUNCIL REPORTS:

Employee Committee meeting from November 19, 2012.

 

Council Member Duff reported that he received a quote from Safeguard for the security camera for the yard waste/salt barn area for $ 2,584.  Council Member Hilliard would like to see one put on Rt 93 to see who is going through town.  Council Member Huff stated there are bigger problems than putting a camera on a garbage dump.

 

Council Member Tharp reported on the Economic Development meeting held this evening.  The Community Reinvestment Area ordinance was reviewed.  Residential and commercial allowances were discussed and a lot of work still needs done.

 

            Note: The Goal of any committee meeting is to discuss an issue or proposal and to             provide by a consensus of the committee members a recommendation to Council.

 

Reminder:       Employee Committee meeting: 01/07/13 @ 6pm

                        Parks and Grounds Committee meeting: 01/21/13 @ 6:30pm

 

Handout: Copy of the pending employee wage and benefits ordinance with the 11/19/12 amendments highlighted.

 

EXPENDITURE REQUESTS from past Meetings:

Fairless Youth Basketball Association has submitted a donation application.

 

PENDING PROPOSALS from past meetings:

Elton Street/N. Wabash   Avenue Intersection Upgrades-awaiting proposal costs from Engineering Associates.  Mayor would suggest that as part of the 2013 Street Program that both lanes on East Elton be upgraded for truck traffic.

 

Police Garage proposal: Architect Jeff Day's has provided estimates of $ 134,500+.  Parks and Grounds Committee to meet on 01/21/13.

 

Community Area Reinvestment Area (CRA); Suggested modifications from the Mayor being reviewed by Economic Development Committee; Mayor would ask that they also look at commercial plan changes. (Committee met tonight.)

 

A Village Social Media Policy from the Mayor; referred to the Employee Committee.

 

On Call schedule for the Electric Utility; Referred to the Utility Committee for review.

 

NatureWorks/Grant Gazebo Project: May 1, 2013 deadline; 5 Stark County 2012 Awards totaling $ 63,300.

 

Draft of an ordinance from Mayor: restricts the parking of commercial and recreational vehicles and trucks on residential streets (referred to Street Committee).

 

Draft of an ordinance from Mayor: ordinance that updates and outlines Full Time & Part Time Employee Benefits (referred to Employee Committee) urge Council to separate from Wage ordinance.

 

Draft of an ordinance from Mayor & Councilman Hilliard: creating a Neighborhood Watch Officer in the PD with no compensation. (Current pending wage ordinance sets $ 1000 annual stipend).

 

OLD/NEW BUSINESS:

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to encumber $ 600 plus travel expenses for Governmental Accounting Solutions for the preparation of the 2012 Annual Financial Statement.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to draw up an ordinance with the proposed changes to the residential section for a Community Reinvestment Area Ordinance.  The vote: Duff, no; Godwin, yes; Hilliard, no, Huff, yes, Tharp, yes; Bichsel, yes.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to donate $500 to the Fairless Youth Basketball Association.  Council Member Hilliard suggested reducing the amount to $250 because it is a small organization.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to replace the large spruce in front of Village Hall.  The motion was amended to replace in the spring.  The vote: Duff, yes, Godwin, yes; Hilliard, yes; Huff, no; Tharp, yes; Bichsel, yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to hold a Utility Committee meeting on January 21st at 6pm.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to hold a Economic Development Committee meeting on February 4, 2013 at 6pm.  The vote: All yes.

 

COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to adjourn the meeting at 8:10pm.

 

 

Respectfully submitted,

 

 

 ____________________________________

K. Kris King, Village Clerk-Treasurer

 

 

 ___________________________________

Mike Schwab, Mayor