April 16, 2012 - Meeting Minutes

MINUTES

BREWSTER VILLAGE COUNCIL

APRIL 16, 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 DUFF MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to excuse Council Member Bichsel from this evening'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

Dave Duff, Council Member

David Godwin, Council Member

Thomas 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

Rick Patterson, Fire Chief & Street Superintendent

Harry Porter, Police Captain

Mike Spivey, Patrolman

 

MINUTES FROM THE APRIL 2, 2012 REGULAR COUNCIL MEETING:

Mayor Mike Schwab asked if there were any additions or deletions to the April 2, 2012 Council meeting minutes.  There were none.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HUFF 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 $ 343,272.48.  The vote: All yes.

 

AUDIENCE TIME:

Ray Heitger,317 East Seventh Street, stated there was an awful odor coming from either the Village's Wastewater Treatment Plant or the Dairy's Plant.  Council Member Huff stated someone was spreading chicken manure and maybe that was it.  Mr. Heitger thinks it is coming from the ponds at the dairy.  VA Hartman will call the Dairy to see what is happening.

 

Nick Pumneo, also ofEast Seventh Streetattended for the same reason.  He stated the Dairy gets busy and residents have to pay.  The weather is getting nice and residents can't even open their windows.

 

The following residents were also present: LaVonne Heitger, Dale Fox, Linda Taylor, Cindy Mackey, Joe and Dawn Strausbaugh, and Ron Kaser.

 

CONSIDERATION OF ORDINANCES:

An Ordinance awarding a contract to RBS Contracting in the amount of $ 117,986.00 for the construction of anElectricGarageBuildingwas given first reading.

 

MUNICIPAL DEPARTMENTS:

Fire Department: Chief Patterson

There will be a meeting for expanding the medic program.  Ohio Billing is suggesting the Village raise rates on ambulance calls.  They say our rates are too low.

 

FDIC Conference is this week.  Chief will be looking into different pagers.  The current ones are giving them problems.

 

Chief reminded Council of the need for two new pairs of boots at a cost of $295 each.

 

Council Member Duff questioned whether it was Ohio Billing's rates or the Village's rates that are going up.  Chief Patterson explained that Ohio Billing, who does the billing on behalf of the Village, is recommending the Village raise the charges for services.

 

Council Member Godwin asked if the department had enough EMT's.  Chief Patterson stated they are doing okay.

 

Police Department: Captain Porter

The 2002 Ford Crown Vic Cruiser is currently being stored at the sewer plant.

 

Solicitor Larry Chapanar is donating three body cameras to the Police Department at a cost of $99 each.

 

Chief Fowler's retirement is at Village Hall at 12 noon on Tuesday, April 17, 2012; Lunch and cake.

 

Capt. Porter presented a letter from Officer Taylor requesting $450 to install the LPR computer received from a grant.

 

Council Member Godwin thanked Officer Truman for taking care of the issues onSeventh Street.

 

Council Member Tharp requested Officer Taylor attend the next meeting.

 

SOLICITOR: Attorney Al McCallin

Village Government 101:  Solicitor McCallin discussed the process of appointing a Police Chief.

 

Council Member Tharp had questioned where funds received from the Gas and Oil Drilling Company would be recorded.  At this point Ohio Revised Code doesn't specify but Solicitor McCallin recommended the General Fund.  He stated that it could then be transferred as Council preferred.

 

Solicitor McCallin stated he was working on a contract transferring Village electric equipment to Shearers.  Council Member Tharp asked what this was about.  Solicitor McCallin suggested VA Hartman explain.  VA Hartman explained that all the equipment the Village installed (past the pole in the Village right-a-way) is to be transferred to Shearer's.  The Village did the same for the Dairy when their primary was installed.  The purpose: The equipment becomes the company's responsibility to maintain and replace.

 

COMMUNICATIONS:

Letter from Jackie Musacchia: Proposing an Arts Festival on the Boulevard in Fall 2012.

 

OhioUtility Protection Service: April is safe digging month - "Call 811 before you dig".

 

Stark Regional Planning Commission:  Sunshine Law Training Session on April 26th from 9-12.

 

OhioMunicipal League Bulletin: Six Oil and Gas Drilling bills have been introduced in Ohio House ranging from moratoriums to requiring background checks on drillers. 

 

Council Member Tharp had a resident request that the downtown lights be changed to blink in the early morning.

 

Council Member Duff brought up the rental of the ballfields and pavilions.  He wants Council to decide if they want to take reservations.  Mayor Schwab asked Council Member Duff to hold until later in the meeting.

 

VILLAGE ADMINISTRATOR: Steve Hartman

Streets:

VA Hartman will need to rewrite paving specs for Mohican and hopes to be ready to advertise before the next Council meeting.  The base only consists of about two inches of sand.

 

The tandem truck needs replaced.  Supt. Patterson has found a 2003 cab and chassis for $14,000.  The bed on the old truck can be moved to the newer truck.

 

Spring clean-up is next week, April 23 - 26.

 

Water:

Mohican line replacement has begun.

 

Sewer:

The sewer rate study will cost $12,500.

 

Lake County Sewer is scheduled for this week.

 

Electric:

Shearers electric is now switched over.

 

Village:

The lowest quote for Strausbaugh's repair is $ 2,250 from Naturescapes.

 

VA has one quote for resurfacing the courts from Vinton Asphalt.  Two other quotes from contractors are expected.

 

There will be a number of employees from Shearers cleaning upBimelerParkfor Earth Day.

 

Income tax collection is in full swing.

 

Council Member Duff brought up the lighting for the park.  Different wattages and different types of lights were discussed.  The Village's Energy Smart Program was also discussed.

 

Council Member Tharp brought up the old substation that was located by the old south side school.  He would like to see it scrapped out and the pole removed.

 

Council Member Huff had more questions about the cab and chassis.  Council Member Patterson said it was an Ergon truck with tandem axles.  Basically it is the same as the old one only in better condition.  Patterson stated the bed was new in 2001.  This will replace the 1986 Ford that the clutch has gone out three times now.  Council Member Huff asked if there was a warrantee.  Patterson stated it was "as is".

 

Council Member Duff wanted to know how soon the VA will have prices for the park lights.  VA Hartman stated he had expected the quotes to be in this evening.

 

Council Member Godwin asked if $ 14,000 was the final price for the cab and chassis.  Supt. Patterson stated yes and that he just had to place the bid and it was complete.

 

MAYOR’S REPORT:

Village Planning Commission will have a public hearing on April 19th at 7pm for the proposed rezoning of Lots 596 & 597 on West 7th from R-3(residential) to I-1(light industrial); applicant is Brewster Dairy.

 

Rental of ball fields and pavilions: In 2010 all fees were repealed (Council copy of 1983 & 2010 ordinances).  The Mayor would like to know why it was repealed.  Renting the fields and pavilions was discussed.  Council Member Duff stated that someone would have to know everything that was going on.  Council Member Tharp stated the Ordinance was repealed because no one was enforcing it.  VA Hartman stated the Ordinance was a good way to recover costs and have a handle on what was going on in the park.  Council Member Huff stated the rental fee would be considered a reservation.  Mayor Schwab stated he would like to see the park used every weekend.  Council Member Huff stated that some groups don't use the park because it is first come-first serve and there is no guarantee a pavilion will be available.  The Mayor said a small fee could be collected for the reservation then returned as long as the area was cleaned up.

 

Draft copies of Police Department and Water Utility Five Year Plans were distributed for Council's review.

 

Recommendation to appoint Captain Harry Porter to Village Police Chief effective April 20, 2012.

 

VILLAGE CLERK-TREASURER’S REPORT:

Worker's Compensation - 2012 Safety Services Agreement with Sheakley UniServices.  This covers our Safety Action Plan (DFSP-5) and assistance with any policy changes or additions.  They also assist with grants as they become available. 

 

Walker's assessment - Nightmare!!!

 

Still working with the Auditors over the phone and internet.

 

Finance 101- (B13) - Education and Enforcement Fund.                 

 

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

 

Report on Easter Egg Hunt - bills turned in = $994.63

 

Boy Scouts requesting screen door on their building.

 

Have Council sign Galvin's card.

 

There needs to be an extra run of bills because of three weeks between meetings.

 

There will be a mandatory Drug Free Work Place meeting on May 15th.

 

"VILLAGE SPEAKS":

Council Member Huff had a resident come up to him and point out that village employees are driving up and down the road on their cell phones.  He stated they should pull to the side if the call is an emergency or return the call at a later time.

 

Council Member Godwin had several complaints about the odors coming from the dairy.

 

Council Member Duff would like to see the brown house onWabashacross fromSuperior streetlooked at.

 

COMMITTEE OR COUNCIL REPORTS:

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to adopt the Council of the Whole Meeting minutes from April 2nd, 2012.  The vote: All yes.

 

Minutes available for Insurance Committee Work session on March 19th.

 

Letter from Kathy Otto: Resignation from Recreation Board.  Council Member Duff requested the Mayor send a thank you letter.  The Mayor already has it on his list.

 

Neighborhood Watch Program Update: Councilman Hilliard; 150 copies of Participant Handbooks = $ 149 w/free shipping if purchased by April 22.

 

EXPENDITURE REQUESTS from past Meetings:

Per Council’s request: Quotes for purchase of 2 Tasers & accessories provided by Captain             Porter:             Two Taser X2s, holsters, 8 field use cartridges, 10 training cartridges at $ 2640.90

            Four year extended warranty = $ 299.95 each

            If purchased; a training program, a departmental policy, & review by Village liability         carrier would be required.

 

Fire Chief Rick Patterson: Replace 2 pairs of boots at $ 295 each.

 

PENDING PROJECT PROPOSALS from past Meeting:

Construction of 4200’ Concrete Curbing onN.   Wabash AvenuefromElton Streetto the South

            Quotes:                        Northstar (03/03/2012)           = $ 176,400

                                    MidOhio Concrete (02/20/2012)        = $    70,475   

            (This proposed Project would require engineering and Bidding)

 

Exploration of expansion of 60 hr/week Paramedic Program; Fire Chief, Clerk, & Mayor to           provide a recommendation on May 7th.

 

OLD/NEW BUSINESS:

COUNCIL MEMBER HUFF MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to accept the bid of $2,250 from Naturescapes and begin immediately.  The vote: All yes.

 

COUNCIL MEMBER HUFF MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to purchase two pairs of boots at $295.00 each from the Fire Equipment Fund.  The vote: All yes.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to drawn up an Ordinance accepting the Mayor's recommendation to appointing Captain Harry Porter as Chief of Police pending the retirement of Chief Galvin Fowler on April 19, 2012 and a physical examination.  The vote: All yes.

 

COUNCIL MEMBER HUFF MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion was withdrawn to approve the purchase of tasers at a cost of $3,240.80 from the Police Fund.  Council Hilliard would like to see someone come in to talk on them.  Council Member Tharp stated he would feel better after hearing from a professional.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to hold a Safety Committee meeting on May 7, 2012 at 6:30pm.  The vote: All yes.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER DUFF and motion carried to approve $950.00 for the 2012 Safety Services Agreement with Sheakley Uni-Services.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED to allocate $450.00 to have the LPR computer installed in the car.  Council Member Duff stated this will cost the Village $18,000.  Several other Council Members disagreed.  It was decided to get clarification before proceeding.  The motion was withdrawn.

 

COUNCIL MEMBER HUFF MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to purchase an Arbor Day tree at a cost of $275.00 from the Street Improvement Fund.  The vote: All yes.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to allow the Village Clerk to pay bills between meetings since there are three weeks before the next meeting.  The vote: All yes.

 

COUNCIL MEMBER DUFF MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to hold a Parks and Grounds meeting on May 7, 2012 at 6:00pm to discuss the ballfield/pavilion rental and installation of more lights in the park.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HUFF and motion carried to give Ms. Musacchia approval to hold an Arts Festival on the boulevard this fall.  The vote: All yes.

 

COUNCIL MEMBER HUFF MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to have the Mayor write a thank you letter for Larry Chapanar for his donation of the body cameras for the Police Department to be signed by the Mayor and all of Council.  The vote: All yes.

 

Council Member Tharp wished to thank George Radich and the Electric Department and the Police Department for working out at Shearers on Sunday.  Council Member Hilliard wished to also thank VA Hartman for getting Shearers switched over.  Council Member Tharp also wished to thank Council Member Hilliard for his work on the Neighborhood Watch Program.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER DUFF and motion carried to purchase 150 handbooks at a cost of $149.00, with free shipping if purchased by April 22, from the General Fund.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HUFF and motion carried to replace the tandem truck at a cost not to exceed $14,000 from theSt.Equipment, Water and Sewer Funds.  The vote: Hilliard, yes; Huff, yes; Tharp, yes; Duff, yes; Godwin, no.

 

COUNCIL MEMBER HUFF MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to bid out the 2002 Crown Vic.  The vote: All yes.

 

Council Member Tharp asked if Council was still interested in the curbing project onNorth Wabash.  Council Member Hilliard stated he would like to withdraw the motion.  Council Member Duff stated it would improve private property so it would have to be paid for by the property owners.  Council Member Huff stated it was just put out there as a possible project before the road is resurfaced in 2015.  It was brought up just to investigate.  Tharp asked if they just wanted to withdraw it?  Council Member Duff stated that when the state repaves Rt 93, the Village should look into grants.  Council Member Huff said to take it off the agenda.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to draw up an Ordinance to waive the residency requirement for the Police Chief to live in the Village.  Council Member Huff asked where Captain Porter lived and it was determined he lived about twenty minutes out of town.  The vote: All yes.

 

Mayor Schwab appointed Captain Harry Porter as interim Police Chief.

 

Mayor Schwab asked Council Member Huff if he still wanted to resign as Insurance Committee Chair?  Council Member Huff stated he wanted to be removed as Chairman but would like to stay on the committee.  Mayor Schwab would like to appoint Council Member Tharp as Chairperson.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to adjourn the meeting at 8:27pm.  

 

Respectfully submitted,

 

 

 ____________________________________

K. Kris King, CMC, Village Clerk-Treasurer

 

 

___________________________________

Mike Schwab, Mayor

 

 

 

"Education's purpose is to replace an empty mind with an open one." - Malcolm Forbes

 

"Fall seven times, stand up eight." - Japanese Proverb

 

 

 

Village Spring Clean Up: Week of April 22 - 26

 

Arbor Day Tree Planting: Friday, April 27 at 5pm