July 2, 2012 - Meeting Minutes
MINUTES
BREWSTER VILLAGE COUNCIL
JULY 2, 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 MOVED GODWIN, SECONDED BY COUNCIL MEMBER THARP, and motion carried to excuse Council Member Bichsel. The vote: All yes.
Council Member Tharp asked why Council Member Bichsel was unable to attend. Mayor Schwab stated she had to work.
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
David Godwin, Council Member
Thomas Hilliard, Council Member
Jay Huff, Council Member
Steven Tharp, Jr., Council Member
VILLAGE OFFICIALS PRESENT:
Chris Colucy, Fire Captain
Steve Hartman, Village Administrator
K. Kris King, Clerk-Treasurer
Al McCallin, Solicitor
MINUTES FROM THE JUNE 18, 2012 REGULAR COUNCIL MEETING:
Mayor Mike Schwab asked if there were any additions or deletions to the June 18, 2012 Council meeting minutes. There were none.
COUNCIL MEMBER MOVED THARP, SECONDED BY COUNCIL MEMBER HILLIARD 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 $ 92,582.56. The vote: Godwin, yes; Hilliard, yes; Huff, no; Tharp, yes; Duff, yes.
Council Member Hilliard asked if VASCO came back to fix the areas that were missed when the skate park was resurfaced. If we were paying them $ 11,500, he doesn't understand why they didn't move the equipment. Clerk King stated she is holding the check until the repairs are made.
Council Member Huff wanted to know why there were two bulldozer rentals. VA Hartman stated it was one rental but the bill was split between two departments. The Street Department used it to level off areas where the spoils from projects had been dumped. Council Member Huff felt if people wanted the fill then they should be responsible for leveling it off. Mayor Schwab stated it is part of our agreement that we level it. VA Hartman stated we are always looking for places to dump. Council Member Huff said why not use it along Rt 93 where it always washes away. Council Member Duff stated we have to be careful where we dump on the south side of town. Mayor Schwab stated we used to dump down by the Water Plant but the Army Corps of Engineers made us remove it. The Electric Department charges were for leveling where the south sub had been located.
Council Member Huff stated every year we pay and pay Davey Tree to clear the lines. Why don't we remove the trees. VA Hartman stated if the tree is on private property we can only trim 15 feet in. Council Member Huff wants to know if our guys can do it. Council Member Duff stated that our lines go all the way over to Navarre. VA Hartman stated we can't get our trucks to the lines. He also stated that we will always have a $25,000 per year bill for tree trimming along the lines. If Council Member Huff wants, VA Hartman will take him and show him how many miles of lines we have to maintain. We have 6 miles of 69 line before we even get to our substation. Council Member Tharp questioned the Electric Department doing the tree trimming. Council Member Duff stated we didn't have a brush hog. VA Hartman stated we will always have $25,000 worth of trimming a year.
AUDIENCE TIME:
Trent Miller of Boy Scout Troop 920 asked Council if there was any projects available for him to perform. Council Member Duff suggested the park benches that needed the wood replaced at the park. Mayor Schwab suggested he stop in to see VA Hartman. Council Member Godwin asked how many hours he needed to put in and Mr. Miller stated a lot. Mr. Miller stated he also had a dog park in mind.
Mike Harrison, 12256 Baughman, stated in November of 2010 Council passed a motion that stated that his road was to be repaired as needed. Council Member Duff stated we had not been able to pass the road levy for two years. It was asked if the road was in the Village. VA Hartman stated the first half wasn't but the second half was. Council Member Hilliard asked what the cost would be. Council Member Duff stated Mr. Harrison would have to talk to the Township. It was stated if Council approves his then they are going to have to approve all the others. VA Hartman stated the east/west section was a platted right-of-way. The north/south section is not. Mayor Schwab stated that public money is not permitted to be used to improve private property. Council Member Tharp asked if a precedent hadn't already been set by Council approving it in 2010. VA Hartman recommends everyone go take a look at it. Solicitor McCallin stated since part of the property is the Village's, the cost could be shared between the two parties. Council member Godwin suggested this be brought up at the 6:30pm meeting on July 16th. Council Member Huff stated he thinks the Village could purchase the gravel, haul it to him, and dump it, then Mr. Harrison could spread it for himself. Council Member Godwin suggested everyone go look at it and discuss it at the July 16th Street Committee meeting. Council Member Huff wants the VA to mark the Village property and get a cost for the gravel. Mr. Harrison suggested that they get the gravel and dump it on Village property and he would take care of the rest.
Joann Brown, 615 Dartmouth St., stated her father had received a nuisance letter to clear the alleyway but didn't think it was fair that other people can plant and do what they want. There are trees in the alleyway-why can't they be removed. As the Pledge of the Allegiance says it's Justice for All, not just for certain ones. Not everyone is being treated the same. She has cleaned up her property and stays within the property lines. Her father got everything out of the alley. The fighting is not going to stop until everyone is treated the same. Council Member Tharp asked what the date on the letter was. It was 06/18/2012. Council Member Godwin asked if it was an open alley. It was stated it was a paper alley. Mrs. Brown stated it was a Village owned right-of-way. Council Member Godwin stated if it was not open then it should not be driven on. Council Member Tharp stated if it is not an improved alley, if they can't drive on it, how can you deny someone the right to drive on it. Council Member Duff stated his alley was vacated because people were driving around his home at all hours. Mayor Schwab stated there will be problems if people habitually use it as a thoroughfare. VA Hartman stated the wires were telephone wires.
Matthew Helmuth of Dartmouth asked permission to open the alleyway at Williams at his own expense. He needs a way to access his property. Council member Tharp discussed the opening of alleyways and that 2/3 of abutting property owners have to sign a petition. The petition is available at the Village Administrator's Office.
The following residents were also present: Robert Brown, Cindy Mackey, Dale Fox, and Linda Taylor.
CONSIDERATION OF ORDINANCES:
ORDINANCE 17-2012: An Ordinance adjusting the Village Fire Department Ambulance fees was given third reading.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to pass Ordinance 17-2012 as read. The vote: All yes.
An Ordinance to change the name of the Ambulance and Equipment Fund to the Emergency Medical Services (EMS) Fund was given second reading.
An Ordinance modifying Ordinance 62-2005 to expand the Paramedic Program to include 12 hours each on Saturday and Sunday: and to expand the full time paramedic hours to 40 hours per week was given second reading.
A Resolution creating an Ambulance Replacement Fund and transferring funds to this fund was given first reading.
A Resolution adopting the Village's 2013 Alternative Tax Budget was given first reading.
A Resolution requesting ODOT to review the State Route 93 at Elton Street intersection and declaring an emergency.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN to suspend the rule requiring three separate reading and bring the ordinance forward for passage. The vote: Godwin, yes; Hilliard, yes; Huff, no; Tharp, yes; Duff, yes. Motion failed. (Three/fourths of the elected body is required to suspend the rules.)
Council Member Duff stated the Ohio Dept of Transportation takes care of St Rt 93.
Council Member Tharp asked if anyone besides council members could introduce an Ordinance. Solicitor McCallin said technically no but it is common practice.
MUNICIPAL DEPARTMENTS:
Fire Department: Chief Rick Patterson
Replacement of 2 hoses and 2 carriers for $430.00; damaged in grass fire (Mayor suggests setting aside rule of waiting one meeting before the vote.)
Chief will acquire additional contractor quotes for updating FD building electric system.
Capt. Colucy discussed the Indian packs and asked if there were any concerns about the festival.
Council Member Hilliard would like to see the fireworks moved to the 4th of July.
Council Member Godwin stated Capt Jen Mohler and the Fire Department did a great job on the Putt funeral. He stated a 25 year old on the Niles Fire Department died and he would like to see the department send a card.
Capt Colucy discussed the department having an October Fest. It will be on September 29th following the Art Fest on the Boulevard. He is requesting permission to have the beer tent. They will be having the pavilion open, a french fry stand, entertainment and softball game. It's something they have been kicking around for about three years. Council Member Duff asked if it was a good idea to have it the same day as the Art Fest. Colucy stated that the lady in charge is going to advertise for October Fest. Council Member Tharp stated he had no problem with it.
Police Department: Chief Harry Porter
Chief Porter is on vacation 06/29 - 07/09, staying in the area; Sgt Denise Rossiter is assuming his post.
Memo from Sgt Rossiter to Council: Taser training, firearms qualifications, laptop & projector via grant.
Chief and Mayor attended Prosecutor Chapanar's recent meeting with officials from Stark Grand Jury and Massillon Court Judges; reviewed procedures for Grand Jury cases and Massillon Court Procedures.
June PD report. Mayor Schwab told Council to note the OVI checkpoint activity on the last page. Council Member Tharp stated the gentleman from the State stated this was one of the best OVI Checkpoints that he's has been to.
SOLICITOR: Attorney Al McCallin
Looking into a Council concern.
COMMUNICATIONS:
Stark RPC: District 19 OPWC Infrastructure Applications are available; 0% interest 30 year loan available up to $1.5 million; Workshop on July 18th - VA and Mayor to attend.
Aultcare Letter: Thank you for contracting our employee health benefits for past fifteen years.
Brewster Parke: 10th Annual Brewster Parke Car Show on Saturday 07/21 at 8am.
Fairless Invitation to Community: July 17th at 6:45 @ 8pm; "Meet new Supt Broc Bidlack; everyone is welcome.
VILLAGE ADMINISTRATOR: Steve Hartman
Water:
Mohican line replacement is complete. The pavement was less than two inches thick.
Street:
Catch basin replacements have begun on Mohican.
Leveling off past dump sites is complete.
Received a request for gravel behind 853 Harriman.
Electric:
Old substation site has been reclaimed.
Primary on northeast side is being relocated to allow for access for maintenance.
Roseman has remitted shop drawings to Engineering Associates.
Village:
Haymaker to come in next week to remove trees. Oak on Mohican and Harmon. Two trees on McKinley and 2nd Street.
VASCO will schedule repairs at skate park.
Council Member Duff wants to be at the park when they put the new spigots on the drinking fountains.
Council Member Tharp has received complaints about the dust and dirt all over the place on Mohican. What is the time frame?
Council Member Huff wanted to know where we are with the sewer project. VA Hartman stated we are halfway through the flow study and data collection.
Council Member Hilliard wanted to know what the request was and why at 853 Harriman. Limestone between McKinley and Harriman; last house on right.
Council Member Hilliard said the old substation looks nice and Field 6 is done too.
Council Member Duff suggested they put old pole in the ground and drill holes to run cable through them to stop the four wheelers. Council Member Hilliard stated that home run fences would work.
Mayor Schwab asked the timeline for the park lighting. VA Hartman stated the street project is awaiting the prevailing wages packet from the State of Ohio.
Council Member Hilliard would like to have the Neighborhood Watch signs up by the end of July.
Nuisance letters to: Scott Carroll of 658 Amherst; Dan Nicklin of 456 S. Wabash (Notice #2).
WWT received final National Pollutant Discharge Elimination System Permit with $750 filing fee invoice.
MAYOR’S REPORT:
Village Hall Five Year Plan submitted to Council; the big item is handicap accessibility.
For the July 16th Street Committee meeting: Suggested procedures/policy for opening of alleys & streets. Council Member Tharp wanted to know if the requests already submitted would be grandfathered. Solicitor McCallin stated Council can apply the new rules to those pending. Council Member Godwin stated it would be discussed on the 16th. Council Member Hilliard stated each one still needs to be looked at individually. Council Member Godwin stated that all Council take a look at both locations before the 16th. Council Member Duff stated that an Ordinance was passed nine years ago prohibiting putting limestone in alleys.
FEMA requires that Public Officials receive NIMS (National Incident Management System) training; Tim Warstler of the Stark County Emergency Management Director will provide Village officials with access to an online course. Mayor will email FEMA address to Council.
Letter written to Brewster Dairy President Brad Nelson thanking them for measures taken to remedy the Dairy's Wastewater Treatment Plant problems; will meet with them after the holiday.
State Route 93/Elton Street intersection; ODOT District 4 Director Anthony Urankar has been contacted; his Office will provide a course of action ASAP. VA asked to look into additional signage on Elton Street.
VILLAGE CLERK-TREASURER’S REPORT:
Finance 101- Unclaimed Money Fund.
Request for an ordinance creating an Unclaimed Money Fund.
Would like to meet individually with the members of the Finance Committee members.
Remind Council to look over and sign the check register on the table.
June month-to-date and year-to-date report was in your mailbox for review.
Audit update: Auditors are requiring a copy of contract with AMP regarding AMPGS stranded costs. This should complete the audit...again.
"VILLAGE SPEAKS":
Don Saterfield of 833 Harriman Street requests that limestone be placed in alley behind his property.
Council Member Tharp reported on Dave's Country Discount's grand opening. Dave appreciated people coming out. Barney Fife was there.
COMMITTEE OR COUNCIL REPORTS:
Economic Development Committee meeting minutes from June 18th, 2012.
Safety Committee Meeting minutes from June 18th, 2012.
Council Member Hilliard: Neighborhood Watch Program group met on June 24th, 2012. Had a medium turnout (14 residents). Displayed the signs and residents were able to share concerns and questions with Sgt Rossiter. Planning to have a fall get-together.
Council Member Tharp: Council of the Whole met this evening to discuss the weed cutting policy in Section 93.4 of Village Basic Code and property maintenance code.
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.
From the Village Recreation Board: Resignation letter submitted by Katie Rose.
EXPENDITURE REQUESTS from past Meetings:
From the Clerk: Quotes Carpet & Window Cleaning:
VH carpets Police Floor/Windows VH Chairs
Shoups: $ 221.00 $ 332.00 (estimate) $ 84.00
Floorcare: $ 262.00 $ 492.00
PENDING PROPOSALS from past meetings:
Citizen's petition: Improvement of Williams Street - A paper street west of Dartmouth Ave.
(Street Committee meeting scheduled for July 16th at 6:30pm).
From the Mayor: That the Village weed cutting policy (Section 93.4 of Village Basic Code) be modified to include language that provides that one notice is required for each lot in violation in a calendar year. (Subject of today's committee meeting).
OLD/NEW BUSINESS:
COUNCIL MEMBER HUFF MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to replace the hose and carriers at a cost of $430 from the Fire Equipment Fund. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to approve the Fire Department's request for beer sales in the park inside a fence on September 29th during the October Fest. The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to draw up a resolution creating an Unclaimed Money Fund. The cost of the ad was discussed. The vote: All yes.
Council Member Huff asked who could be on the Recreation Board. Can Council serve? Clerk King stated anyone can help. You don't have to be on the Board to volunteer your time. Solicitor McCallin is to research.
Council Member Tharp asked the Mayor to send a thank you letter to Katie Rose for her service on the Recreation Board.
Council Member Hilliard stated he will not be able to make the July 16th meetings.
Council Member Tharp asked if there were any damages in the Village? VA Hartman stated he was only aware of fallen branches and minor damage.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER DUFF and motion carried to adjourn the meeting at 8:41pm.
Respectfully submitted,
____________________________________
K. Kris King, Village Clerk-Treasurer
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Mike Schwab, Mayor
"How does a project get to be a year behind? One day at a time." - Fred Brooks
"General principles should not be based on exceptional cases." - Robert J. Sawyer
"Determine never to be idle...It is wonderful how much may be done if we are always doing."
- Thomas Jefferson