May 7, 2012 - Meeting Minutes

MINUTES

BREWSTER VILLAGE COUNCIL

MAY 7, 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

Jen Mohler, Paramedic/Fire Captain

Harry Porter, Police Captain

Denise Rossiter, Sergeant

Nathan Taylor, Patrolman

 

MINUTES FROM THE APRIL 16, 2012 REGULAR COUNCIL MEETING:

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

 

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

 

PRESENTATION OF BILLS:

COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to accept the bills for the amount of $ 107,036.38.  The vote: All yes.

 

Council Member Hilliard questioned the $2,950 bill for Haymaker.  It was a large oak tree in the power lines.

 

Council Member Huff asked about a $405 bill for Ziegler.  The Village hired a truck and driver for a project because one of the Village's trucks was down.

 

Council Member Hilliard discussed the Naturescapes bill and the work that was done.  The day after it was completed there were heavy winds that blew the straw and seed away.  VA Hartman called the company and they never returned his call.  Council Member Hilliard stated if it was his yard, he would have expected Naturescapes to come and reseed and cover with straw.  He doesn't think the Village should do business with them anymore.

 

 

AUDIENCE TIME:

Joe Strausbaugh,306 - 7th St SE, read a letter he had composed concerning the chain of events of the last year with the replacing of the culvert next to his property.  Council Members discussed Mr. Strausbaugh's idea of an ordinance concerning repairs that involved right-of-ways and public property.  A surveyor will be in to place property pins along the east side of theJeffersonright-of-way.

 

Matt Miller,432 Wabash Ave N, Leader of Boy Scout Troop 920, discussed the location of the recycle bins.  There is no room for the cars to get through when there are sporting events.  He also feels there is a safety issue for his boys with the traffic flying in and out of the parking lot.  Different ideas were discussed and it was decided to try cones and barricades and see how that worked this week.  It was also stated that their aluminum cans collections are down and people won't be able to get to the bins during the festival.

 

Ray Heitger,317 East Seventh Street, stated the smell has still been coming and going from the Dairy Plant.  VA Hartman stated the EPA had sent a gentleman down to assess the situation.  VA Hartman is going to get the phone number of the gentleman at the Dairy that Mr. Heitger can speak to when there is an odor problem.

 

William Lynch, 509 Mohican, asked if there was a leash law and who to call when it is not being followed.  There is a leash law and the police can be called for violations.  He also asked how long a dumpster and garbage can be left in a village right-a-way.  He is worried about rats.  It is to be looked into.

 

Barbara Nezich,132 Second StSW, also has a garbage issue.  Bags are thrown out behind the building on the next block and laying there for 5-6 days at a time.  VA Hartman will send the owner of the building a letter and the Mayor suggested calling the Health Department if it continues after that.

 

The following residents were also present: LaVonne Heitger, Dale Fox, Linda Taylor, Cindy Mackey, and Robert Rogich.

 

CONSIDERATION OF ORDINANCES:

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

 

ORDINANCE 11-2012: An Ordinance authorizing the appointment of Captain Harry Porter as Brewster Police Chief as Outlined in ORC Section 737.15 and declaring an emergency.

 

COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER THARP and motion passed to suspend the rule requiring three separate reading and bring the ordinance forward for passage.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to appoint Captain Harry Porter as Police Chief.  The vote:  All yes.

 

Council Member Hilliard would like to see more notice when Chiefs and Superintendents retire in the future.

 

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

 

RESOLUTION #12-2012: A Resolution of Appreciation to Police Chief Galvin Fowler for his 26 years of service to theVillage ofBrewster.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to pass Resolution #12-2012.  The vote:  All yes.

 

COUNCIL MEMBER THARP MOVED to have an Ordinance drawn up that stated Council Members would not be paid for meeting they missed with the exception of being in the emergency room or a family emergency.  Motion failed due to lack of a second.  Council Member Duff stated there are too many other legitimate reasons for missing a meeting.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HUFF and motion carried to draw up an Ordinance accepting the Larius Companies offer for a gas and oil lease.  Council Member Huff agrees because we might as well receive some revenue when they are going to do it anyway.  He stated we can save the money in case there are problems.  The vote: Huff, yes; Tharp, yes; Bichsel, yes; Duff, no; Godwin, no; Hilliard, yes.  Motion carried.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to have an Ordinance drawn up for the rental of the ball fields and pavilions.  The vote:  All yes.

 

MUNICIPAL DEPARTMENTS:

Fire Department: Chief Patterson

The Mayor provided the Paramedic Program meeting minutes and recommendations to Council.  Paramedic Jen Mohler spoke concerning the recommendation of Ohio Billing to raise the rates for ambulance calls and mileage.  Hiring of one more part-time paramedic was discussed along with Medic Mohler going from 36 hours/week to 40 hours/week.  The uniform allowance was discussed.  Changes to the fund name and creating a Capital Project Fund for the purchase of an ambulance in the future was discussed.  The Mayor explained how the program was created with the goal of eventually adding more hours to the program.

 

Police Department: Chief Porter

The three body cameras donated by Prosecutor Chapanar to the Police Department have been received and are in use.   Mayor had a thank you letter for Council to sign.  Chief Porter stated they work really well.

 

Chief's monthly report and a saturation project report from this last weekend.

 

Officer Taylor's report on pending grants and projects:  He stated he needed $450 to install the MDT into the cruiser in order to use the license plate readers that are ready to go.  There were other questions concerning a letter he had given Council at the last meeting discussing the grants that have been received.

 

Chief Porter asked Council to consider hiring a fifth full-time officer since they are down to only four full-time officers.  This is something that needs to be discussed with the Mayor before any further action is taken.  

 

DARE Officer/Sgt Denise Rossiter had DARE graduation at Fairless Elementary this past Friday; 120 Fifth graders.

 

Per Mayor/Chief: Police Officers will be responding to Ambulance/Fire calls within Village limits when available.

 

SOLICITOR: Attorney Al McCallin

Village Government 101:  Solicitor McCallin is taking suggestions for future topics.

 

COMMUNICATIONS:

Stark Jobs and Family Services: May is National Foster Care Month.

 

OhioWater Development Authority: Congratulations on the repayment of the 20 year/$1,833,316 Wastewaster Treatment Plant loan.

 

American Municipal Power: Debt services - New AMP Credit Scoring Policy for a fixed obligation charge coverage ratio of cash reserve to debt of 1.5 (3 year average).

 

Ohio Municipal Tax Proposal is a big two part issue; State would require all municipal income tax regulations to be uniform, and State would make all municipal income tax collections with a state processing fee.

 

VILLAGE ADMINISTRATOR: Steve Hartman

Streets:

Weed letters are going out fast and furious.

 

VA Hartman will need to rewrite paving specs for Mohican, looking at full depth repair. 

 

All the catch basins need replaced on Mohican.

 

Sewer:

The flow meters and rain gauges have been installed.  Should have gotten data from the downpour today.

 

Supt. Maybaugh came across some old maps that show there may be 99 more unused sewer laterals that may need attention if wooden caps were used to seal them.  Looking at around $100,000 in repairs if they are all bad.

 

Electric:

Engineering and Associates has been lined up to replace the property pins on the east of the Jefferson ROW.  Hoping to get in this week.

 

Village:

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

 

Income tax collection is in full swing.

 

Council Member Godwin reported there were tree branches in the power lines at 417 West Main and the grass and weeds need mowed at 309 West Main at Main and Washington.

 

Council Member Bichsel asked if287 N Wabash Avehad received a weed letter.

 

Council Member Godwin had a complaint of people dumping branches and grass at the end ofWells Ave.

 

Council Member Huff asked about the trees on McKinley.  He stated that Council had voted on it and they need to come down.  VA Hartman stated he sent the resident a letter and left a message.  They have been playing phone tag.

 

Council Member Huff asked if Haymaker removed the Oak tree on Elton or just trimmed it for $2,950.  VA stated it was taken completely down with the owners permission.  The other quote for the tree was almost double.

 

Council Member Huff asked if anyone had looked at the Arbor Day tree.  He stated we need to be more selective.  It is crooked and has a hole in it.  VA will have Davey come take a look at it.  Council Member Tharp suggested we check into other companies..."shake it up a little".  Council Member Hilliard stated Davey is fine as long as they back up their products.

 

MAYOR’S REPORT:

Village Planning Commission had 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 was Brewster Dairy.  The Planning Commission is recommending Council deny the application; next step is to set a public hearing(Mayor recommends June 18th); Prepare an Ordinance reflecting the recommendation.

Village Zoning Board will have a public hearing on May 17 at 7pm to consider a variance for a front yard setback for construction of a new house onLot1810 sited at the corner ofPark DriveandE. Seventh Street.

 

Draft copies of Wastewater Utility Five Year Plans were distributed for Council's review.

 

Appreciation letter for Mario Tudini for his years of service to the Village.

 

Mayor recommends to Council that the Tree Board's spring planting list be executed; 22 trees = $4,950.00.

 

Proclamation: May 18 &19 is Poppy Day in the Village.

 

Mayor's monthly report = $27.50 in fines and other moneys.

 

If Council wants to put the Street Improvement Income Tax Levy on the fall ballot, they may want to begin the process.

 

In recent Utility bills: Efficiency Smart Organization - $50 for old refrigerators and freezers.

 

VILLAGE CLERK-TREASURER’S REPORT:

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

 

Reminder:  The mandatory drug education class is on May 15th.

 

The auditors are wrapping things up.  I believe they are at the final level of review.

 

Insurance transition:  working out the bumps.  Mr. Savage will be returning on May 15th to answer employee questions that have come up and meet with anyone that was unable to attend the first meeting.  The Aflac representative will also be available at this time.

 

Remind Council to look over and sign the check register on the table.  Please note that there are two registers to sign.

 

Report on DARE graduation.  Congratulate Denise on a job well done.  She has created a connection with the children that hopefully will open the children up to the police.

 

Hot Topic Seminar in Bellville: Health Care Reform: Is expected to add about 32 million to the health care system.  There will still be approximately 23 million uninsured.  A little over 1/3 of that number is undocumented workers.  Fact: If insurance would cost you =>8% of your income, you are exempt from the penalty.

 

Centralized Municipal Income Tax:  The uniformity of municipal tax is a good thing but the centralized collection is going to be detrimental to the Village.  It is expected the state will only send the money quarterly.  We will lose the use of our money and any interest we could have earned.  The estimated fees would have cost the Village between $8,900 and $13,300 last year.  The unknown part of the equation is how our residents are going have their issues resolved

 

"VILLAGE SPEAKS":

Inquiry from Scoutmaster Matt Miller; conflict with Boy Scout's Saturday Recycling Drop-off effort and baseball.

 

Council Member Hilliard thanked the Street Dept for putting up the barricade after he had received a report of a dangerous area on the sidewalk along 93.

 

Council Member Hilliard received a complaint of a buzzing light atNeedhamand McKinley.

 

Council Member Godwin had a group of residents led by Eric Witting requesting a splash pool in the park.

 

Council Member Tharp had a resident ask where the batting cages were and when they would be put up.  Council Member Godwin said they would be put up when 6 to 10 strong guys were available.

 

COMMITTEE OR COUNCIL REPORTS:

The Insurance Committee needs a chairperson.  Mayor Schwab suggested Council Member Tharp.  Reminder:  Liability insurance lapses in September.  Agent advises the current one year ordinance makes the Village look unstable.

 

Street Committee recommendation for the 2012 Street Project.  Council needs to set 2012 project for bidding.  The VA recommends Mohican, S. Jackson (E. 1st - Main),Cleveland(south of7th St).

 

Tree Board: Arbor Day Event on April 27th; Tree planted at 394 Tuscarawas; nice turn out included the Boy Scouts.

 

Council Member Duff reported on the Parks and Grounds meeting from earlier this evening.  The use of the ball fields,
lights in the park and the use of the pavilions was discussed.  Mayor Schwab will be working on an Ordinance setting rates and guidelines.

 

Council Member Hilliard reported on the Safety Committee meeting also held this evening.  Tasers for the Police Dept. were discussed.

 

SOME PENDING PROJECT UPDATES:

Renaming ofNavarre Road SWin Village toFairless Way; via Supt. Fair; Board likes the name but has question about mailing address; Mayor talked to Bruce at the Post Office, he will provide answer shortly.

 

Neighborhood Watch Program Update: Council Member Hilliard:   150 copies of participant handbooks received; Far Corner article.  There was a meeting April 23rd with a small group of people attending with a lot of questions to be answered.

 

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.

 

 

 

OLD/NEW BUSINESS:

COUNCIL MEMBER HUFF MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to purchase two Taser X2s, holsters, 8 field use cartridges, 10 training cartridges at $ 2640.90 with four year extended warranty at $ 299.95 each from General Safety-Police Capital Outlay along with a liability review, our own policy, and training.  The vote: All yes.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to purchase and install 10 LED 250W equivalent lights and equipment at a cost of $ 8,896.50 for the park from the Capital Projects Fund.  The vote: All yes.

 

COUNCIL MEMBER HUFF MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to draw up an Ordinance accepting Ohio Billing's rate increase recommendations.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD  to approve Council Member Huff's suggestion for "Coffee with Council" the first Saturday of each month at 9am and to advertise it. Council Member Duff was concerned that this would be considered a meeting and should be published.  Solicitor McCallin discussed keeping minutes, information gathering, and voting.  He would like to take some time to look into it further.  Council Member Duff reiterated that he thought it was against the Sunshine Law.  Motion was withdrawn.

 

COUNCIL MEMBER GODWIN MOVED to have an Ordinance drawn up to have Paramedics on duty seven days a week.  After further discussion, it was withdrawn until it can be reviewed better by members of council.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER DUFF and motion carried to approve $450.00 for the installation of the Mobile Data Terminal (MDT) from Police Car and Equipment Fund.  The vote: All yes.

 

COUNCIL MEMBER HUFF MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to prepare an Ordinance reflecting the recommendation of the Planning Commission to deny the application from the Dairy for the proposed rezoning of Lots 596 & 597 on West 7th from R-3(residential) to I-1(light industrial)and have a Public Hearing on June 18th.  The vote: All yes.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HUFF and motion carried to purchase 12 Neighborhood Watch Signs at a cost of $434 from the General Fund.  The vote: All yes.

 

Council Member Huff spoke with George Patterson and they agreed it may be too late to plant the trees and want to wait until fall for the health of the trees.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to accept VA Hartman's recommendation of Mohican, S. Jackson (E. 1st - Main), Cleveland (south of 7th St) for the 2012 Street Project and prepare to bid.  Council Member Godwin stated he doesn't recommendClevelandbecause no one lives there and it is only used by the Dairy.  Council Member Bichsel understands but does not agree.  It is still a Village street.  Council Member Hilliard asked if that was all that needed paved.  Council Member Tharp stated with the limited money that no more should be added.  The vote: Huff, yes; Tharp, yes; Bichsel, yes; Duff, no; Godwin, no; Hilliard, yes.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to appoint Council Member Tharp as Insurance Committee Chairman. The vote: Huff, yes; Tharp, abstain; Bichsel, yes; Duff, no; Godwin, yes; Hilliard, yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to have an Insurance Committee meeting on June 4th at 6pm.  The vote: All yes.

 

COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to hold a Council of the Whole meeting on June 4th at 6:30pm to discuss the Street Improvement levy.   The vote: All yes.

 

Council Member Tharp requested Mayor Schwab draw up a letter thanking the Boy Scouts for their participation in the Arbor Day planting.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to adjourn the meeting at 9:04pm.  

 

Respectfully submitted,

 

 

 ____________________________________

K. Kris King, CMC, Village Clerk-Treasurer

 

 

___________________________________

Mike Schwab, Mayor

 

 

 

"Lettin' the cat outta the bag is a whole lot easier'n puttin' it back." -Will Rogers

 

"To acquire knowledge, one must study; but acquire wisdom, one must observe." -Marilyn vos Savant