August 6, 2012 - Meeting Minutes

MINUTES

BREWSTER VILLAGE COUNCIL

AUGUST 6, 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

Dave Duff, Council Member

Tom Hilliard, Council Member

David Godwin, Council Member

Jay Huff, Council Member

Steven Tharp, Jr., Council Member

 

VILLAGE OFFICIALS PRESENT:

K. Kris King, Clerk-Treasurer

Al McCallin, Solicitor

Rick Patterson, Jr., Fire Chief and Street Superintendent

Harry Porter, Police Chief

 

MINUTES FROM THE JULY 16, 2012 REGULAR COUNCIL MEETING:

Mayor Mike Schwab asked if there were any additions or deletions to the July 16, 2012 Council meeting minutes.  There were none.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HUFF and motion carried to accept the minutes.  The vote: All yes.

 

PRESENTATION OF BILLS:

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to accept the bills for the amount of $ 275,435.19.  The vote: All yes.

 

AUDIENCE TIME:

Becky Helmuth, 601 Dartmouth, stated that she heard about the conversation about her paying for the gravel.  The CountyAuditor told her the Village cannot land lock her and she is not paying anything.

 

Daryl Wiles, 204 W. 2nd Street, thought the tree situation had been worked out.  Then the tree removal company showed up at 8am one morning to remove the two trees beside his house.  If his car hadn't been parked under them they probably would have cut them down before he knew it.  He also discussed the issue he has been having with the storm drain being to small and flooding his property.  He would Council to consider upgrading the storm sewer and allowing him to keep his trees.  He feels his trees are no different than the other forty-five trees he has counted that are in the wires  The flooding has damaged his foundation.  He would like to be notified ahead of time if the trees are going to be removed.  Also if they are removed, he would like to know ahead of time and would like the Village to fix the sidewalks this time.  Council Member Hilliard asked Supt. Patterson if the drain could be made larger.  Supt. Patterson stated it was replaced with a 12 inch main several years ago.  Council Member Hilliard stated as far as the trees go, the Village pays to have them trimmed every two to three years.  Mr. Wiles stated he will trim them and take care of the sidewalks.  Mayor Schwab stated the majority of the Tree Board is willing to let the trees stay for a couple of years but eventually have to come down.  It is Council's right to override the Tree Board.

 

Matthew Helmuth, 601 Dartmouth, stated he told them at the last meeting that him paying for the gravel was off the table.  He said he has never seen a group of people fail to do so much in any consistent manner.  You are constantly laughable.  You are a bunch of clowns.  I have zero confidence in this group. You should find a different line of work.  Council Member Godwin stated that most of Council has other jobs and don't do this for a living.  We have been put in these positions by the constituents of the Village.  The people voted, they spoke and put them in these positions.  Council Member Duff told Mr. Helmuth that he can run for Council.

 

Kelly Wagnon, 152 W. 5th St., discussed the possible closing of the Brewster Post Office.  The lease on the building is coming up on the 30th of this month.  If the lease is not signed the Post Office will be closed.  There is talk of having a postal store.  They would sell the bare necessities such as stamps.  Council Member Godwin asked how much the lease payment was and it was stated around $20,000/year.  Once it is closed, it will never be opened again.  There is a possibility if the town kicks, howlers, and screams loud enough they may keep it open.  Council Member Huff stated this has all been talked about before.   We should draw up an ordinance and put up a fight.  Mrs. Wagnon stated the Village has three large businesses and Belloni's.  Brewster's walk-in revenues are two to three times those of other post offices that are being kept open.   

 

The following residents were also present: Robert Rogich, Dale Fox, Donna Hattery, Paul Mackey, Linda Taylor, Don and Laura Satterfield, Boy Scout Trent Miller, Holly Miller, Robert Brown, and Ken Wagnon.

 

CONSIDERATION OF ORDINANCES:

RESOLUTION 20-2012: A Resolution creating an Ambulance Replacement Fund and transferring funds to this fund was given third reading.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to pass Resolution 20-2012 as read.  The vote: All yes.

 

RESOLUTION 21-2012: A Resolution adopting the Village's 2013 Alternative Tax Budget was given third reading.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER DUFF and motion carried to pass Resolution 21-2012 as read.  The vote: All yes.

 

A Resolution creating an Unclaimed Money Fund was given second reading.

 

An ordinance awarding a contract to Hazen and Sawyer PC for engineering services for Wastewater Treatment Kings Highway Pump Station project was given first reading.

 

A resolution amending Nuisance Section 93 of the Village's Basic Code to modify the notification process was given first reading.

 

COUNCIL MEMBER DUFF  MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to have a resolution stating Council's opposition to the closing of the Brewster Branch of the US Post Office at 120 W. Main Street.  The vote: All yes.

 

RESOLUTION 22-2012: A resolution stating Council's opposition to the closing of the Brewster Branch of the US Post Office at 120 W. Main Street was given first reading.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to suspend the rule requiring three separate readings and bring the resolution forward for passage.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to pass Resolution 22-2012 as read.  The vote: All yes.

 

MUNICIPAL DEPARTMENTS:

Fire Department: Chief Rick Patterson

Chief Patterson's letter stated ladder and pump testing will need to be done shortly at a cost of $1,500.   

 

New ambulance fees approved by Council on July 2nd went into effect last week.  The expanded medic hours will start on September 1, 2012.

 

Council Member Godwin thanked the Fire Department for their prompt response to the fire at Brewster Parke.

 

Police Department: Chief Harry Porter

July Activity Report provided to Council.

 

Chief Porter is reviewing golf cart laws.  Possible recommendation to Council in future.

 

The department received another free radar for their participation in the OVI Taskforce.

 

Council Member Godwin requested more patrols in the park due to a sexual predator moving into the area.

 

Council Member Hilliard stated he has received a lot of compliments on the Police Department and inquired as what Chief Porter's feelings are on the golf carts.  Chief Porter stated he thinks it will open a can of worms.

 

Council Member Duff stated not to go as far as taking the elderly in their motorized chairs off the street.

 

SOLICITOR: Attorney Al McCallin

Attorney McCallin is reviewing the North Canton ordinance that outlines residential restrictions for sexual predators.  Atty. McCallin stated it is not enforceable as written.  Council Member Godwin asked if the man was permitted in the park.  Atty. McCallin stated he is allowed.

 

Council Member Hilliard asked if Council chooses can they allow a resident to put gravel down.

 

The Mayor returned to the sexual predator subject and inquired what would it hurt if Council passed a similar ordinance.  Atty. McCallin stated it would open the Village up for lawsuits.  It limits Constitutional liberties.  The State Law is our safe harbor.  The lawsuit would probably not be covered by our liability insurance.

 

COMMUNICATIONS:

Ohio Municipal League Bulletin: Municipal Income Tax Uniformity discussions continue on the state level; changes to OPERS pension & Healthcare continue to be discussed on the state level.

 

Letter from Harold Sharier of 525 Dartmouth Street.

 

Stark County Health Department recommends immunizations for teenagers; available at Health Department clinics.

 

Donation application from Fairless Soccer Association.

 

 

VILLAGE ADMINISTRATOR: Steve Hartman

Water:

We need to replace the roof on the storage building at the Water Dept.  It's been leaking for some time.  So far one quote for $19,800 for a metal roof.  Awaiting more quotes.

 

Street:

Finishing up catch basin replacements on Mohican.

 

Council has an email concerning curbing from Dale Fox.  Have asked for a quote to replace.

 

Will have contractor recommendation for 2012 Paving for 8/20 meeting.

 

Sewer:

We need a signed engineering agreement to proceed with our funding with WPCLF.  It is currently being reviewed.

 

Electric:

We are waiting on fixtures for the Shearers parking area.  Will be shipped on 8/17.

 

New pole has been set in the park.

 

Village:

The tree at Mohican and Harmon has been removed.

 

Council Member Godwin inquired where the electric garage project was at.  Clerk King replied the contractor has dropped off the submittal forms for the engineers.

 

Council Member Hilliard asked about firewood that was behind the garage.  An employee had brought it from home to split after hours.

 

Council Member Tharp wanted an update on where we are with the sewer project.  The Mayor stated we are waiting on the ordinance.

 

There was a letter sent to Jim Henderson of West Fourth concerning sidewalk repair as promised.

 

2012 Street Bid opening on August 20th.

 

MAYOR’S REPORT:

Buckeye Energy Brokers Representative Tom Bellish recommends and has provided the documents for renewal of the Village's Natural Gas Aggregation agreement with Volunteer Energy Services; VESI rates = 7% less than Columbia Gas of Ohio's SCO Adder (currently $.153 per Ccf) for Oct 1, 2012 to Sept 30, 2014: Adder in the agreement may change on 04/01/2013 dependent on Columbia; Copy sent to the Solicitor for review.  Solicitor McCallin stated an ordinance was needed.  Council Member Duff stated not to forget to explain the extra usage charge.

 

State Route 93/Elton Street intersection; VA and Mayor are working on a possible turn lane installation with funding the County or OPWC in time for the next ODOT paving in 2015; Jeff Dotson of Stark Regional Planning Commission contacted.

 

Tim Stith trimmed the downtown trees to improve vehicular sight lines and ease pedestrian passage.

 

Recommendation concerning the proposed opening of a portion of Williams Street made to Council via email; Joann and Robert Brown and Matt Helmuth met with Councilmen Hilliard and Tharp and Mayor Schwab on July 23rd at Village Hall; Mayor met with Paul and Cindy Mackey;  Mayor and Chief Porter met with Dwight and Becky Helmuth and Joann Brown.

 

A Street Improvement Five Year Plan worksheet provided to VA and Street Superintendent for their recommendations.

 

The Mayor would like to publicly recognize Vera Donat for repairing village flags as needed; will write a thank you letter.

 

Suggest the Week of September 24th for the Village's Clean-up.

 

Mayor's Monthly Report to Council = $11.50.

 

Council Member Godwin stated how great of a job Vera Donat does sewing.

 

VILLAGE CLERK-TREASURER’S REPORT:

Finance 101-  Clerk King discussed the Water Utility Fund.

 

July and Year-to-Date Financial report.         

 

Council Member Hilliard questioned the benefits of direct deposit.  Currently employees have options of direct deposit, partial direct deposit, and checks.

 

Clerk King reported that the "Arts on the Boulevard" will be on Sept. 29th from 12-4.  Visitors will be able to buy local art, hear live music, and enjoy the season.  It will be followed by the Firemen's Oktoberfest in BimilerPark at 4.

             

"VILLAGE SPEAKS":

Advised that Councilman Steven Tharp sang very well at Saturday's show at FairlessMiddle School.

 

Received a number of calls concerning lack of better sexual predator restrictions in the Village.

 

COMMITTEE OR COUNCIL REPORTS:

Street Committee met at 6pm to discuss street and alley opening at Dartmouth and Williams.  Gravel for 853 Harriman has been tabled.

 

Insurance Committee met at 6:30pm to discuss the Liability Insurance with Vogley and Muskoff then Brian Savage of Ohio Insurance Services on a health insurance issue.

 

Council of the Whole meets at 6pm on August 20th to review employee benefits, safety measures, wages, etc.  Council Member Godwin requested Mayor and Clerk could do a new state of the village.

 

            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.

 

Council Member Duff stood and shook Boy Scout Trent Miller's hand.  He told him that as far as he is concerned a 10 ft fence would take away from the beauty of our park.  The benches need repaired.  Council Member Tharp asked how much time has spent on the dog park project.  Council Member Tharp stated he had quite a few residents that would like to see the dog park.

 

Reminder: Council's FEMA training available at http://training.fema.gov/EMIWeb/IS/is908.asp ; it is an hour course.

 

From Recreation Board: Letter of resignation from Michelle Knoll of 265 E. Fifth; three vacancies on Recreation Board.  Council Member Godwin stated that we need to get more members.

 

EXPENDITURE REQUESTS from past Meetings:

From the Clerk:   Quotes Carpet Cleaning:   

                                    VH carpets      VH Chairs

            Shoups:           $ 221.00          $ 84.00

            Floorcare:        $ 262.00         

Village Hall cleaning is being put off until the front doors are replaced.

 

Fire Chief Patterson: purchase of a hose testing pump at a cost of $2,500.

 

Fire Chief Patterson: ladder and pump testing at a cost of $1,500.   

 

Note: Also awaiting additional quotes for a FD building electric upgrade and a new roof on the water storage building.

 

PENDING PROPOSALS from past meetings:

Citizen's petition: Improvement of Williams Street - A paper street west of Dartmouth   Ave.

           

Don Saterfield of 853 Harriman requested that limestone be placed in the alley behind his property.

 

Donation request of $1,000 from Fairless Midget Football Association.

 

OLD/NEW BUSINESS:

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HUFF and motion carried to donate $500 to the Fairless Midget Football Association.  The vote:  Huff, yes, Tharp, yes; Duff, abstain; Godwin, yes; Hilliard, yes.

 

Council Member Huff does not want excused from the next meeting.

 

COUNCIL MEMBER THARP MOVED to allow Boy Scout Trent Miller to build a dog park, motion dies due to lack of second.

 

COUNCIL MEMBER HUFF MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to approve ladder and pump testing not to exceed $1,500 from the Fire Fund.  The vote: All yes. 

 

COUNCIL MEMBER DUFF MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to donate $500 to the Soccer Club.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to hold Village curbside clean-up the week of Sept. 24th.  The vote: All yes.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HUFF to accept Buckeye Energy's recommendation for the renewal of the Village's Natural Gas Aggregation agreement with Volunteer Energy Service.  Upon the Mayor's prompting, the motion was changed to draw up an Ordinance to accept the recommendation and the motion carried.  The vote: All yes.

 

COUNCIL MEMBER HUFF MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to have an ordinance drawn up accepting Vogley and Muskoff's quote for the Village's liability insurance.  The vote: All yes.

 

 

 

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER DUFF and motion carried to allow Mr. Helmuth to put a 10 foot strip of stone on the left side of Williams after the VA and Street Supt. verify the pin locations.  The vote: Huff, no; Tharp, no; Duff, yes; Godwin, yes; Hilliard, yes.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to enter into executive session to discuss discipline of a village employee at 8:19pm.  The vote: All yes.

 

Carmen Russo of the US Postal Service spoke concerning the possible closing of the Brewster Branch.  He discussed the reduction in services offered and the limited supplies.  He stated this has nothing to do with the what has been on the news but is a tactic to get the rent lowered.  He will keep Council advised if he receives any more information.

 

Council Member Duff stated Council needs to give Boy Scout Trent Miller respect and talk to him about his project.  Trent's timetable was discussed and he needs to be finished by June 3rd, which is his birthday.  The project has to be approved by the Boy Scout Council.  Council Member Duff suggested the Village buy a storage barn kit the same size as the one being used by the Baseball Association that needs replaced.  Council Member Hilliard told Trent he wasn't against the dog park but there just isn't enough room.  Trent is going to get the measurements of the old barn.

 

COUNCIL MEMBER HUFF MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to purchase the hose testing pump at a cost of $2,500 from the Fire Fund.  Council Member Huff asked Chief Patterson to explain why this was needed.  Chief Patterson stated that to use the fire truck to do the testing the motor has to run with high RPM's and it is hard on the seals on the truck.  The vote: All yes.

 

Council Member Huff would like Council to take a look at a garage for the Police Cars and equipment.  If not a garage, a possible lean to but a garage would be preferred.  Council Member Tharp felt it should be the Chief and Mayor's responsibility to look into it.  Chief Porter talked about the costs of some of the LED's.

 

Chief Patterson is getting a quote from Wood Electric for the upgrade of the Fire Department electric for next meeting.

 

Council Member Huff reminded Clerk King that the check register was not on the table for Council to sign.  Clerk King thanked Council Member Huff and provided the check register.

 

Council Member Hilliard asked is Council Member Bichsel needed to be excused.  Mayor Schwab asked if this was his motion.  Council Member Hilliard said no.

 

COUNCIL MEMBER DUFF MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to excuse Council Member Bichsel.   Council Member Hilliard stated it's fine to miss a meeting here and there but this is getting out of hand.  She misses one meeting then is lost at the next one and is asking questions because she is not prepared.  Council Member Duff stated that some people have jobs that require them to work until 7 or 9pm.  This can't always be helped.  Council Member Hilliard stated when you get on Council, you make a commitment.  Council Member Tharp stated he had brought this up previously and the rest of Council failed to act on it.  The vote: Huff, yes; Tharp, yes; Duff, yes; Godwin, yes; Hilliard, no.

 

 

 

 

 

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to adjourn the meeting at 8:45pm.

 

Respectfully submitted,

 

 ____________________________________

K. Kris King, Village Clerk-Treasurer

 

 ___________________________________

Mike Schwab, Mayor

 

 

"Life is what happens to you while you're busy making other plans."  - John Lennon

 

"A good hockey player plays where the puck is.  A great hockey player plays where the puck is going to be."