May 21, 2012 - Meeting Minutes

MINUTES

BREWSTER VILLAGE COUNCIL

MAY 21, 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

David Godwin, Council Member

Thomas Hilliard, Council Member

Jay Huff, Council Member

Steven Tharp, Jr., Council Member

 

VILLAGE OFFICIALS PRESENT:

Keith Creter, Patrolman

Steve Hartman, Village Administrator

K. Kris King, Clerk-Treasurer

Al McCallin, Solicitor

Harry Porter, Police Chief

Nathan Taylor, Patrolman

Benny Truman, Patrolman, until dispatch called

 

MINUTES FROM THE MAY 7, 2012 REGULAR COUNCIL MEETING:

Mayor Mike Schwab asked if there were any additions or deletions to the May 7, 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 THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to accept the bills for the amount of $ 327,239.42.  The vote: All yes.

 

AUDIENCE TIME:

Joann Brown, 615Dartmouth, would like to see a section of Williams made more drivable.  This is her access to her garage and when it rains it gets muddy and cars get stuck.

 

Matthew Helmuth, 601Dartmouth, he would also like to see the improvement of Williams.  He worries about the safety of his children and the other children in the neighborhood with the tow trucks pulling cars out when they get stuck.  Council Member Tharp suggested a committee meeting before the next meeting so Council has a chance to look at it.  VA Hartman stated in the past when this issue was brought up, the property owners to the left would have to improve their property or be assessed in order for the Village to improve the access to the area.

 

ChesterShepler, 512 E. Harmon, has a large old pin oak tree that has a split and he is worried it will fall on his home.  It was asked if the tree was bad and VA Hartman stated you would have to get up in it to see it.  Mr. Shepler stated he would have it done at his own expense.  Council Member Tharp stated he had no problem with it being done at the owners expense.

 

The following residents were also present: Robert Brown, Robert Rogich, Joseph and Dawn Strausbaugh, Cindy Mackey, Ray and LaVonne Heitger, and Linda Taylor.

 

CONSIDERATION OF ORDINANCES:

ORDINANCE #13-2012:  An Ordinance awarding a contract to RBS Contracting in the amount of $ 117,986.00 for the construction of anElectricGarageBuilding was given third reading.

 

Council Member Hilliard asked if this cost was for it being totally complete.  VA Hartman stated it was to get the vehicle under roof.  The Electric Dept. will complete the inside.  Council Member Tharp does not think the process was fair because the rules were changed part way through.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to pass Ordinance #13-2012 as read.  The vote: Tharp, no; Bichsel, yes; Duff, yes; Godwin, yes; Hilliard, yes; Huff, yes.

 

An Ordinance authorizing the waiver of the residency requirement of Police Chief Porter as outlined in ORC, Section 737.15 was given second reading.

 

An Ordinance disapproving the rezoning of Lots 596 & 597 from R-3 to I-1 (Public Hearing on 06/18/2012) was given first reading.

 

An Ordinance establishing fees, setting conditions, and outlining procedures for use ofVillageParkfacilities was given first reading.

 

An Ordinance approving a lease with Lario Oil and Gas Company for Village Parcels 70-80116 & 70-80069 was given first reading.  Council Member Tharp received a call from Lario and they stated the offer was time sensitive and they have already pulled their rigs out of the area and don't intend to return.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER DUFF and motion carried to have the ordinance removed.  The vote: All yes.

 

Council Member Hilliard asked for clarification on the field rentals.  

 

MUNICIPAL DEPARTMENTS:

Fire Department: Chief Rick Patterson

Chief is recommending hiring Alisha Cope as a probationary firefighter pending physical, drug test, and background check.

 

Council Member Tharp heard one of the local businesses was turned down for a booth at the festival.  He would like clarification on this.  Council Member Duff stated he should speak to Chris Colucy for clarification.

 

Council Member Hilliard wanted to know how many are on the fire department and if they had enough people.

 

Police Department: Chief Harry Porter

Departmental Taser Policy reviewed by Prosecutor & Solicitor; next is Officer training; liability coverage intact per Village agent.

 

Chief's Letters: Promote Patrolman Benny Truman and Nathan Taylor to Level Two Patrolman (Mayor concurs).

 

Chief's Letter:  Promote Part Time Officer Keith Creter to Full Time Level One Patrolman (Mayor concurs).

 

The License Plate Reader(LPR) is in operation.  They were able to read 297 plates in under half an hour this afternoon. 

 

Council Member Tharp asked if officers would have to sign the Taser policy.  Chief Porter stated all involved officers would review the policy at the training and sign that they had received and read the policy.

 

Council Member Bichsel asked if the funds were available for the 5th full time officer.  The Mayor and the Clerk reviewed the funds before the recommendation was made.

 

SOLICITOR: Attorney Al McCallin

Solicitor McCallin has been researching whether the "Coffee with Council" was covered under the Sunshine Laws.  In his opinion, these gathering would be considered meeting and would have to be advertised and minutes kept as with any other meeting.  A meeting is defined as a pre-arranged gathering of the majority of the governing body.  Council Member Duff believes this is different than what he was taught inColumbus.

 

COMMUNICATIONS:

Stark Regional Planning: SCATS applications for TIP Funds for 2016 &2017; June 8th deadline.

 

OML Bulletin: Four Ohio Senate Public Employee Pension Bill was approved in the  Senate and sent to the House (no action expected); Municipal Income Tax Uniformity Bill in House Ways & Means Committee; Senate Bill 320 would extend current Enterprise Zone Legislation through October 15, 2013.

 

Congressman Jim Renacci will hold an Energy Development Forum: "A Community Dialogue" on Wednesday, May 23^rd at 6:30 pm atWalshUniversity;BaretteCenter, East Maple inNorth Canton.

 

VILLAGE ADMINISTRATOR: Steve Hartman

Water:

Mohican line replacement will start again the week after the festival.

 

Streets:

Eleven catch basins will be replaced in conjunction with the waterline.

 

The replacement for the tandem truck should be ready this week.

 

Sewer:

Sewer Dept. installed a new pumping system in the sludge tank.

 

Electric:

Department is talking with Shearers re: parking area lighting on the north side near Elton.

 

VA is still waiting for information on rebates for the park lighting.

 

Village:

Engineering Associates will be in to set property pins first half of this week.  All the paperwork has been done.

 

Quotes for sports courts resurfacing:

                                   SkatePark          Tennis           Basketball       Total

            Vinton             $ 5,850.00       $ 6,325.00       $ 4,125.00       $ 16,300.00

            VASCO           $ 4,000.00       $ 4,500.00       $ 4,500.00       $ 12,500.00

 

VA Hartman is recommending VASCO.  They will give the Village a $1,000 discount if all three courts are done.

 

Police Cruiser bids will be opened June 15th.

 

Larry Gilkerson has submitted the bill for his curb replacement.

 

Weed letters are going out.

 

Council Member Tharp stated there are 3 out of the 4 property pins already set at the Strausbaugh's.  VA Hartman stated there will be a total of 5 because there is a curve in the property line.

 

Council Member Huff has received complaints about the high grass.  He wants to know why the Village doesn't mow the devil strip.  VA Hartman stated that can be done.  Council Member Hilliard wanted to know if there was anything more the Village could do because it is the neighbors that suffer.

 

Council Member Tharp stated the Property Maintenance Ordinance looks like it was stolen from another community.  He would like to open it up for Council to look at.  Mayor Schwab stated that ordinances are meant to be fluid and change to fit the times.

 

MAYOR’S REPORT:

Village Zoning Board of Appeals met on May 17^th & approved a Front Yard Setback of 25’ Zoning Variance (normally 35’) for the construction of a new house on Lot 1810 (corner of Park & E. 7^th).

 

Draft copies of Electric Utility & Street Department Five Year Plans for Council’s review. Council may want to look at a backup generator for Electric Dept buildings.

 

A suggestion: That Village weed cutting policy be modified similar toMassillonordinance 557.08.  Currently notice is required for each instance; the example requires only one initial notice.  Approx. 10 sent to date, one at 287 N. Wabash took 31 days to deliver.

 

Renaming ofNavarre Road SWtoFairless Way; Brewster Postmaster advises that if the Post Office address was to be changed Council would need to petition Northeast Ohio District Manager.

 

Remind Council that the current Village Employee Wage Ordinance covered 2010, 2011, & 2012.

 

Ambulance on a call backed into Village resident Don & Carol Glick’s Murano doing $ 636.84 damage; according to             ourInsuranceagentVillageis immune from such accident claims and is not covered under liability insurance; Suggest that Village pay Glick’s $ 250.00 deductible.

 

The Mayor provided a dozen cones for the Boy Scouts and on 5/12 there were no problems with cars parking too close to the recycle bins and no traffic issues.

 

Council Member Tharp asked how much Glick's insurance company paid for the car repairs.  Mayor Schwab stated $ 386.84.

 

VILLAGE CLERK-TREASURER’S REPORT:

Village Finance 101 –  Financial Education for public officials

 

Employees met with health ins. agent Savage, and AFLAC rep, & attended a Drug Free Workplace meeting on 05/15/2012.

 

Permission to attend OAPT Finance Officer Training inSanduskyon 06/14 & 15; registration $325.00; Will fulfill CPIM requirements.

 

Quotes Carpet & Window Cleaning: 

                                    VH carpets      Police Floor/Windows            VH Chairs

            Shoups:           $ 221.00          $ 332.00 (estimate)                 $ 84.00

            Floorcare:        $ 262.00          $ 492.00

 

Council Member Tharp asked about the upcoming liability insurance renewal.

 

Council Member Duff asked if all the Council Members had taken their NIMS training.  He stated they could google NIMS to get information.

 

"VILLAGE SPEAKS":

Council Member Tharp stated the speeding is better on7th Streetexcept for the trucks during the day.

 

COMMITTEE OR COUNCIL REPORTS:

Park & Grounds Committee Meeting Minutes from May 7^th

 

Safety Committee Meeting Minutes from May 7^th

            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.

 

SOME PENDING PROJECT UPDATES:

From VFD & Mayor: Increase Ambulance Run Fees per 05/07/2012 handout

(modify Ord. 05-2005).

 

From VFD & Mayor: Expand 60 hr/week Paramedic Program to include 12 hours each on Saturday & Sunday per 05/07/2012 handout (modify Ord. 62-2005).

 

Council Member Huff would like to hold off for another meeting to further review.  Council Member Duff wanted to go into executive session concerning the hiring of an employee.  It was decided to wait until it was decided whether the expansion would take place.

 

EXPENDITURE REQUESTS from past Meetings:

VA Hartman stated that Davey Tree planted trees without receiving a call from the Village.  He wanted to know what Council wanted him to do with the bill.  Council Member Huff stated his first inkling was to give them a choice of getting paid in November when Council planned to plant the trees or come take them out.  Council Member Duff stated the Village has been doing business with Davey Tree for years.  He wanted to tell them next time to wait for the Village to call them.  Council Member Hilliard stated that Davey guarantees the trees so if some don't make it through the summer that they will replace them.  He also stated calling the residents should be part of the process.  Council Member Bichsel wanted it clarified that Davey replaces the trees at their cost.  VA Hartman wants to have some moved but didn't want to do it until he knew if Council planned to pay the bill.  Council Member Tharp stated we didn't ask them to do anything.  Davey to assume was bull crap.

 

OLD/NEW BUSINESS:

COUNCIL MEMBER HUFF MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to draw up an ordinance for the proposed rates from Ohio Billing for Ambulance services.  The vote:  All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER DUFF, and motion carried to approve Alisha Cope as a probationary firefighter pending physical, drug test, and background check.  The vote: All yes.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER BICHSEL to promote Officers Benny Truman and Nathan Taylor to Level Two Patrolman and hire part-time Patrolman Keith Creter as a Level One (full-time) Patrolman. 

 

Council Member Huff would like to table the motion.  Council Member Hilliard seconded the motion. Council Member Godwin stated that it is ultimately the Mayor's decision.  Mayor Schwab stated it was his recommendation with the approval of Council.  Council Member Bichsel stated as head of the Finance Committee, she recommends this motion. Council Member Tharp asked Council Member Huff why he wanted to table it.  Council Member Huff would like more facts.  Chief Porter stated he would answer any questions that Council Member Huff had.  Council Member Huff asked how long Truman and Taylor have worked for the Village and why would he promote them both at the same time.  Chief Porter stated Truman had been overlooked by the previous Chief and it was about time forTaylor.  Council Member Hilliard doesn't like coming to meeting and not having all the information.  He feels that the process needs to slow down.  Council Member Tharp asked why not hire three part-time officers to cover since their primary duties would be the school and covering for vacations.  Chief Porter stated they also cover the overlap shift.  He repeated what he stated last meeting in that it is difficult to find part time officers to cover shifts because they usually have a full time job somewhere else and the shifts very seldom work with our departments.  Plus this usually means they are working doubles.  Council Member Tharp stated that all we've heard is how we are constantly losing revenues and the financial soundness needs to be looked at.  Council Member Duff stated he trusted the Mayor and the Clerk to look into this before recommending hiring the 5th full-timer.  Council Member Hilliard said a finance meeting is needed to get the answers that are needed.  Council Member Duff stated that the Mayor and Clerk recommended it.  Council Member Godwin said let's just vote.  The vote to table the ordinance:  Tharp, yes; Bichsel, no; Duff, no; Godwin, no; Hilliard, yes; Huff, yes.  The Mayor broke the vote with a vote to not table it.    

 

Council Member Huff stated that Chief Fowler was off a lot over the last year and everything seemed to be fine.  Chief Porter stated that was because he performed both his job and the Chiefs.  The special investigations suffered.  Council Member Tharp stated it is nothing personal towards Officer Creter, he is for the 5th fulltime officer but is uneasy about it.  Council Member Huff is not talking who's qualified.  Council Member Hilliard agrees with Huff and has no doubt on the people, he wants to know the funds are available.  Chief Porter stated that Officer Taylor has put together the funds for special programs that the Village has spent thousands of dollars on and the part-timers don't have the special training nor the time to get the special training in order to run them.  Council Member Huff asked if the Police Department was going to be back here next meeting asking to promote a captain and a sergeant.  Chief Porter stated that has not even been considered, he is trying to get everyone caught up.  Council Member Bichsel asked if the ordinance requires a Level One Patrolman to be promoted to Level Two Patrolman.  The Mayor stated there is no requirement or time frame in the Ordinance.  Council Member Godwin withdrew his motion.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to promote Level-One Patrolmen Benny Truman and Nathan Taylor to Level Two Patrolmen.  The vote: All yes.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to approve the clerk's request to encumber $325 for the Ohio Association of Public Treasurers Conference.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to cover Don Glick's deductible from the Ambulance and Equipment Fund.  The vote: All yes.

 

COUNCIL MEMBER GODWIN, SECONDED BY COUNCIL MEMBER BICHSEL to approve the 5th full time officer.  Council Member Tharp stated to Patrolman Creter that it was nothing personal.  The vote: Tharp, no; Bichsel, yes; Duff, yes; Godwin, yes; Hilliard, no; Huff, no.  VA Hartman asked if the biggest issue was the raises for the employees because the employees are paid by their departments.  Council Member Tharp suggested a committee meeting.  The Mayor stated he has always preached to look at all the figures before making a decision.  He voted no.

 

COUNCIL MEMBER BICHSEL, SECONDED BY COUNCIL MEMBER HUFF and motion carried hold a Council of the Whole meeting on Wednesday, May 30th at 6pm to discuss the finances for hiring the 5th full time officer.  The vote: All yes.

 

COUNCIL MEMBER GODWIN, SECONDED BY COUNCIL MEMBER HILLIARD and motion to accept VASCO's bid of $11,500 for resurfacing all three sports courts from the Parks and Grounds Fund.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried approve the "Coffee with Council", have it advertised for the first Saturday of the month.  Council Member Duff still doesn't think it is legal.  The vote: Tharp, yes; Bichsel, yes; Duff, no;  Godwin, no; Hilliard, yes; Huff, no.  The mayor broke the tie with a yes vote.

 

COUNCIL MEMBER HUFF MOVED, SECONDED BY COUNCIL MEMBER DUFF and motion carried to reimburse Larry Gilkerson for the replacement of the curb and gutter in front of his property from the Street Improvement Fund.  The vote: All yes.

 

COUNCIL MEMBER HUFF MOVED, SECONDED BY THARP and motion carried to take down the Pin Oak at 512 East Harmon and split the bill with Mr. Shepler.  There was discussion on who should hire the contractor.  It was decided the Village should do the hiring due to liability issues and invoice Mr. Shepler.  The vote: All yes.    

 

COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to adjourn the meeting at 8:31pm.  

 

Respectfully submitted,

 

 

 ____________________________________

K. Kris King, CMC, Village Clerk-Treasurer

 

 

___________________________________

Mike Schwab, Mayor

 

"We learn something every day, and lots of times it's that what we learned the day before was wrong.”               - Bill Vaughan

 

“Do not be awe struck by other people and try to copy them. Nobody can be you as efficiently as you can.”        - Norman Vincent Peale