August 20, 2012 - Meeting Minutes
MINUTES
BREWSTER VILLAGE COUNCIL
AUGUST 20, 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 MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to excuse Council Member Huff from tonight's meeting. The vote: All yes.
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
Tom Hilliard, Council Member
David Godwin, 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
Mike Radich, Electric Lineman
Ryan Swan, Electric Lineman
MINUTES FROM THE AUGUST 6, 2012 REGULAR COUNCIL MEETING:
Mayor Mike Schwab asked if there were any additions or deletions to the August 6, 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 GODWIN MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to accept the bills for the amount of $ 320,824.28. The vote: All yes.
Clerk King explained a bill that was dated a month ago and was not received until last week. It was over the $3,000 threshold for "Then and Now" status without Council's approval.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to pay the Ohio Municipal Electric Association in the amount of $3,160.53. The vote: All yes.
AUDIENCE TIME:
Robert Rogich, 815 Harriman Street, was charged 30,000 gallons of water last month. He called down to the utility office and requested a meter change. One of the village employees came and read his meter and it was up another 2,000 gallons. That works out to 41.6 gallons/hour, 7 days a week. He also had an issue because village employees were telling his neighbors about his water usage. VA Hartman will stop by his house tomorrow. Council Member Hilliard suggested VA Hartman look at Mr. Rogich's last two years of usage.
Trent Miller, Boy Scout Troop 920, discussed his Eagle Scout project. He is going to remove the old baseball association barn and build a new one. He brought quotes and pictures from various home improvement stores. He talked to Moyers and they are donating two ornamental grasses to put on either side. He also has a mason to do the block. The size was discussed and it was decided that it should be 10 x 14.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to spend up to $3,000 on the project from the Parks and Grounds Fund. The vote: All yes.
Council Member Godwin congratulated Trent on his Boy Scout efforts. VA Hartman stated the village will pickup the barn from the store.
The following residents were also present: Ray and LaVonne Heitger, Cindy Mackey, Linda Taylor, Hollie Miller, and Dale Fox.
CONSIDERATION OF ORDINANCES:
RESOLUTION 23-2012: A Resolution creating an Unclaimed Money Fund was given third reading.
COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to pass Resolution 23-2012 as read. The vote: All yes.
An ordinance awarding a contract to Hazen and Sawyer PC for engineering services for Wastewater Treatment Kings Highway Pump Station project was given second reading.
A resolution amending Nuisance Section 93 of the Village's Basic Code to modify the notification process was given second reading.
An ordinance awarding a contract to Wichert Insurance for the village casualty and liability insurance was given first reading.
An ordinance authorizing a gas aggregation agreement with Volunteer Energy Services, Inc. was given first reading. (Rate: 7% less than Columbia Gas Standard Choice Offer Adder; residents may opt-out.)
MUNICIPAL DEPARTMENTS:
Fire Department: Chief Rick Patterson
Fire building electric upgrade: $ 12,947 Wood Electric
$ 13,750 Orion Construction
Council Member Hilliard asked if Supt. Patterson felt Wood Electric was a good contractor. Chief Patterson has never had a problem with them.
Chief Patterson requested $1,000 to repair the heating/air conditioner for the Chief/Computer office.
Council Member Godwin inquired if there was going to be advertising for the Fall Fest on September 29th. Chief Patterson stated Capt. Colucy is getting flyers printed.
Police Department: Chief Harry Porter
Cruiser accidents both with minor damage - first was the result of a pursuit assist; second was an officer backed into a parked vehicle.
Chief Porter is reviewing golf cart laws. Possible recommendation to Council in future.
Cruiser #1 (oldest) is having issues with the radio and the car's computer system; Mayor will keep Council informed.
Council Member Godwin requested that Chief Porter keep the elderly in mind when considering golf cart laws.
Council Member Bichsel stated she received a call concerning one of the hover round's being driven after dark with no lights.
Council Member Duff would like to see the cruiser with the computer problem taken to a dealership to make sure all current updates are put on the new computer.
SOLICITOR: Attorney Al McCallin
Council Member Hilliard inquired whether the wage ordinance would be better to be written one year at a time or a three year ordinance that has a section stating it is to be reviewed each year by Council. Solicitor McCallin felt either one was fine.
COMMUNICATIONS:
OhioValley Energy: Notice that they intend to drill a gas well on Parcel #70-01913 on residential property; VA Hartman has provided their agent with the Zoning Code restrictions; Mayor notified agent that a well is not permitted in that area.
H Consulting/Stark CountyCommissioners: Stark County Multi-Jurisdictional All Hazard Mitigation Plan Update in order for the village to be eligible for any future FEMA funding the village is required to pass a resolution adopting this update.
Council Member Tharp toured the Fairless helping Fairless cupboard. They thanked Council for their donation.
VILLAGE ADMINISTRATOR: Steve Hartman
Village:
VA Hartman met with Kent Baker of Engineering Associates concerning the intersection of Elton and Route 93. Looked at possibly widening the intersection. Getting preliminary ideas before going to OPWC to apply for funding.
Electric:
VA Hartman met with Roseman Construction concerning the electric garage. Planning to start middle of next week. Hope to finish by the end of October.
New pole has been set in the park. Fixtures are up.
A new transformer bank has been erected at the railroad. Considering changing the railroad over to a primary. It would be cheaper for the railroad and relieve the village of the responsibility of the transformers.
Sewer:
There was a short in one of the panels at the Waste Water Treatment Plant that started a fire. The insurance adjustor recommended changing three panels due to smoke damage. The plant was only down for two hours.
Street:
2012 Paving bids were opened on August 20th at noon:
- Northstar = $ 112,917.00
- Barbicas = $ 119,480.00
- Superior Paving = $ 102,441.50
- Central Allied = $ 99,466.40
VA Hartman recommends Central Allied. Discussion ensued concerning last years project and that Central Allied did not notify the village of a base failure and had to come in at a later date to fix it at a cost of $20,000. Solicitor McCallin was asked if the lowest bid had to be accepted if the village was not happy with the contractor last year. Solicitor McCallin offered to research it during the meeting.
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. Council Member Hilliard asked if this needs done before winter or could it wait until spring. VA Hartman stated it should be done this fall to avoid more damage.
Council Member Godwin asked VA Hartman if stone had been put in the alley at 853 Harriman before. VA Hartman stated there was gravel put in the alley in the late 70's when a storm sewer was put in. Council Member Hilliard asked if was a closed alley. VA Hartman stated it had never been vacated. He went back through the minutes and found that back in the late 70's/early 80's 50 tons of gravel had been purchased to be placed in alleys. He also stated he had never received a call requesting it over the years. Supt Patterson stated it was something that was done when he started and was just continued over the years as needed.
Solicitor McCallin stated a bid may be rejected if it comes from a not-responsible bidder. Then there will be a due process to follow. Council Member Bichsel stated the $3,000 savings by using Central Allied may turn into a $20,000 invoice again. Council Member Hilliard stated the village just needs to keep an employee at the jobsite to make sure everything is done properly. Council Member Bichsel will only accept Central Allied if there are stipulations. VA Hartman recommends Central Allied.
MAYOR’S REPORT:
State Route 93/Elton Street intersection; Engineering Associates will provide a cost to engineer the installation of a turn lane radii on the east side of Elton Street with the possible funding through the OPWC or similar agency; solely for information at this point.
Expansion of the Paramedic Program on September 1, 2012: Information will be submitted to the Far Corner and Affected Township Trustees.
US Post Office will not close: A new 5-year contract has been signed with a 365 day notice opt-out clause; landlord may attend a future Council meeting; would like to thank Congressman Renacci's Office for assistance.
Via Councilman Huff and Mayor; Proposal for a Police garage; looking at addition to building or a stand alone structure; rough drawings and photographs provided; will attempt a rough estimate for both.
Via Supt. Patterson, Tim Stith, Village Clerk: Material cost for replacing park bench boards at the parks: Recycled plastic = $ 1,188.00.
Parks and Grounds: Request that they look at park upgrades - additional signage, renew volleyball sand, replace fountains w/vandal resistant ones, try electric outlets in one pavilion and 1st Street centerline (both from Councilman Huff), additional perimeter trees and so forth. Council Member Godwin stated the speeding out of the park parking lot is getting out of control.
VILLAGE CLERK-TREASURER’S REPORT:
Finance 101- Clerk King discussed the Sewer Utility Fund.
"VILLAGE SPEAKS":
Via email: Dale Fox of Mohican Street cited the need for curbing repair and concern about length of the project. Council Member Hilliard asked if this was a normal length for a project. VA Hartman stated normally it would be patched, which would have cost between $7,500-10,000. But because the road is part of the paving project, it would have to be milled back out. Plus the lack of rain contributed to all the dust.
Via email: Brewster resident asked that council Meeting agenda be placed on the village website on the Friday prior to the meeting.
VA Hartman received a call concerning a bees at the skate park. Council Member Godwin would like to see expanding foam in the yellow pipes topping the baseball fences.
Council Member Tharp asked if the bee hive on Washington Street had been taken care of. Clerk King stated it was dusted and removed.
COMMITTEE OR COUNCIL REPORTS:
Street Committee minutes from August 6, 2012.
Insurance Committee minutes from August 6, 2012.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER DUFF and motion carried to go into executive session to discuss security arrangements at 8:09pm. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER DUFF and motion carried to exit executive session at 8:18pm. The vote: All yes.
Council Member Bichsel: Council of the Whole met at 6pm on August 20th to review employee benefits, safety measures, wages, etc. Council received information to review and will meet on the subject in four weeks.
Finance Committee minutes from June 4, 2012.
Street Committee minutes from July 16, 2012.
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: Council's FEMA training available at http://training.fema.gov/EMIWeb/IS/is908.asp ; it is an hour course.
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: Fire building electric upgrade: $ 12,947 - Wood Electric
$ 13,750 - Orion Construction
From Tim Stith: $ 1,300 for 2013 flowers.
Note: Also awaiting another quote for the water storage building roof.
PENDING PROPOSALS from past meetings:
Don Saterfield of 853 Harriman requested that limestone be placed in the alley behind his property.
Eagle Scout proposal from Trent Miller of Boy Scout Troop 920.
Tree Board: Tree removal list from July 09, 2012; most can be removed by village crews.
OLD/NEW BUSINESS:
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER DUFF and motion carried to hire Wood Electric to upgrade the fire building electric. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD to amend the casualty and liability insurance to include Option #1 offered and cyber security. The vote: Tharp, yes; Bichsel, yes; Duff, no; Godwin, yes; Hilliard, yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to draw up a resolution to adopt the Stark County Multi-Jurisdictional All Hazard Mitigation Plan Update. The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to draw up an ordinance awarding a contract to Central Allied for the 2012 Street Improvement project and declaring an emergency. Council Member Tharp stated he would not support this. The vote: Tharp, no; Bichsel, no; Duff, yes; Godwin, yes; Hilliard, yes.
Council Member Tharp rose his hand and said point of order. He thought that with Council Member Huff's absence that all present members of council had to vote yes for the motions passage. Only a simple majority was required.
An Ordinance awarding a contract to Central Allied for the 2012 Street Improvement Project and declaring an emergency was given first reading by Solicitor McCallin.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN to suspend the rule requiring three separate readings and bring the ordinance forward for passage. Council Member Hilliard stated that this needs to get done. We are in crunch time. VA Hartman recommends Central Allied so if they don't do a satisfactory job, it will fall on his shoulders. The vote: Tharp, no; Bichsel, no; Duff, yes; Godwin, yes; Hilliard, yes. Motion lacked required 3/4 approval of elected members and failed.
Council Member Bichsel ask why everything is running so late. VA Hartman stated he had issues getting the prevailing wages. Council Member Tharp stated he has faith in our employees but with last years issue and having so much trouble getting Central Allied to comply, then they came back with an outrageous cost. Council Member Godwin stated that if we go with Superior and Central Allied decides to dispute it, which they will, then chances are Central Allied will be doing it anyways.
If Council decides to go with Superior, Solicitor McCallin stated this could go as far as litigation. We will have to start by sending a certified letter stating the village decided not to accept their lowest bid. Central Allied would then have five days to respond. A meeting would be scheduled to discuss the dispute and if they feel they are being treated unfairly, they could file litigation.
Council Member Tharp asked if the village is legally bound to accept the lowest bid. Solicitor McCallin stated the village is legally bound to take the lowest responsible bid. Council Member Tharp asked if past experience would count.
COUNCIL MEMBER THARP MOVED to draw up an ordinance awarding a contract to Superior Paving for the 2012 Street Improvement project and declaring an emergency. Council Member Tharp then amended it.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to draw up an ordinance awarding a contract to Superior Paving for the 2012 Street Improvement project and declaring an emergency pending the outcome of the legal process with Central Allied. The vote: Tharp, yes; Bichsel, yes; Duff, no; Godwin, no; Hilliard, yes.
COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER THARP to notify Central Allied that the village is not accepting their bid. Council Member Tharp wanted the letter to include possible times to meet. Solicitor McCallin reread the section of Ohio Basic Code that applied to this situation. Motion withdrawn.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to draw up an ordinance conditionally awarding a contract to Superior Paving for the 2012 Street Improvement project and declaring an emergency. The vote: Tharp, yes; Bichsel, yes; Duff, no; Godwin, no; Hilliard, yes.
COUNCIL MEMBER THARP MOVED to draw up a letter to Central Allied stating the village has accepted Superior Paving's bid for the 2012 Street Improvement Project. Motion was withdrawn because the ordinance awarding the contract had to be passed first.
An Ordinance awarding a contract to Superior Paving for the 2012 Street Improvement Project and declaring an emergency was given first reading by Solicitor McCallin.
COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER THARP to suspend the rule requiring three separate readings and bring the ordinance awarding a contract to Superior Paving for the 2012 Street Improvement project and declaring an emergency forward for passage. The vote: Tharp, yes; Bichsel, yes; Duff, no; Godwin, no; Hilliard, yes. Motion lacked required 3/4 approval of elected members and failed.
Solicitor McCallin suggested having Central Allied meet with council to go over council's concerns.
Council Member Hilliard wanted to know why the village had to pay last year when Central Allied came back in to
fix the base failure. VA Hartman stated the problem site was not identified prior to the contract and not included in it. So whether the problem was fixed when Central Allied was in the first time or when they returned, it was the village's responsibility to pay for the extra labor and materials. Council Member Bichsel stated they should have been smart enough to see the problem when they paved it. Council Member Hilliard asked Council Members Duff and Godwin if they understood what Council Members Bichsel and Tharp's issues were with Central Allied. Council Member Godwin stated it doesn't matter because we are going to have to accept them anyway.
Solicitor McCallin stated unanimous consent of council would allow a failed ordinance to be brought back up. Mayor advised that Robert’s Rules requires that only a dissenting voter may make a motion to reconsider a failed measure at the same meeting.
COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to draw up an ordinance awarding a contract to Central Allied for the 2012 Street Improvement project and declaring an emergency. The vote: All yes. Council Member Hilliard asked the clerk to make sure the minutes reflect that some members of council are concerned with Central Allied completing this project per contract.
RESOLUTION 24-2012: An Ordinance awarding a contract to Central Allied for the 2012 Street Improvement Project and declaring an emergency was given first reading.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to suspend the rule requiring three separate readings and bring the Ordinance 24-2012 forward for passage. The vote: All yes.
COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to pass Ordinance 24-2012 as read. The vote: All yes.
COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to hold an early meeting to review employee wages, benefits, and safety issues on September 4, 2012 at 6pm. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion passed to encumber $1,300 for the 2013 flowers from the Parks and Grounds Fund. The vote: All yes.
COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to remove the trees on the 07/09/12 list. It was asked if this list included Darryl Wiles' tree. VA stated no and stated he will notify the residents. The vote: All yes.
COUNCIL MEMBER DUFF MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to hold a Parks and Grounds meeting on September 17th at 6:30pm. The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to have the Village Hall carpets cleaned after the new fronts doors in at a cost not to exceed $300. The vote: All yes.
Council Member Tharp gave the clerk the application for the Cyber Security application.
Council Member Tharp needs to have a meeting set up for the Utility Committee to meet with AMP to review supply.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to put limestone behind 853 Harriman. Council Member Godwin stated that it has been done in the past otherwise he would not vote for it. Council Member Duff suggested we look into grants to pave these types of areas. Council Member Hilliard stated there are four other alleys he would like to see paved but it's too expensive. The vote: Tharp, yes; Bichsel, yes; Duff, no; Godwin, yes; Hilliard, yes.
COUNCIL MEMBER THARP moved to pay Tammy Fox for the July 4th holiday. No discussion should have taken place without a second. There was a discussion concerning changing the rules and Solicitor McCallin did not recommend making retroactive actions. Council Member Tharp withdrew his motion with the understanding that it will be addressed in the future.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to adjourn the meeting at 9:07pm.
Respectfully submitted,
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K. Kris King, Village Clerk-Treasurer
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Mike Schwab, Mayor
"Not a shred of evidence exists in favor of the idea that life is serious." - Brendan Gill
"Those who cannot remember the past are condemned to repeat it." - George Santayana