July 16, 2012 - Meeting Minutes

MINUTES

BREWSTER VILLAGE COUNCIL

JULY 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 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

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, Jr., Fire Chief and Street Superintendent

 

MINUTES FROM THE JULY 2, 2012 REGULAR COUNCIL MEETING:

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

 

COUNCIL MEMBER GODWIN 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 GODWIN and motion carried to accept the bills for the amount of $ 82,982.87.  The vote: All yes.

 

AUDIENCE TIME:

Daryl Wiles, 204 W. 2nd Street, has two trees that the Tree Committee has recommended to be removed.  He would like to have them trimmed and keep them.  He also is having water problems.  Rain water from four different areas runs to the drain by his property and overflows into his basement.  He stated he counted 47 other trees that have wires running through them and doesn't understand why it is so important that his trees be removed.  He has already replaced his sidewalk twice at his cost.  If the trees are removed he would like the roots removed also and the sidewalk leveled.  He would also appreciate having the Village look into the drain situation.  Council Member Bichsel asked if this drain has been looked into and VA Hartman stated it was undersized.  Mayor Schwab questioned what it would take to fix the water problem.  VA Hartman stated the area is like the underpass in that it is one of the lowest areas in town.  The whole system would have to be redone....very expensive.  Council Member Huff had looked at the trees.  They have been topped many times and the root system is oversized.   New trees will be planted that will not grow as large as the maple.  Mr. Wiles stated new trees were planted on 2nd Street and the trees have grown over the wires already.

 

Chester Shepler, 512 East Harmon, has been waiting two months to have a large oak tree removed.  He has called Village Hall three times and keeps being told it will be done next week.  He has even called the tree service himself and been told they were coming and they have never shown.  Council Member Hilliard asked VA Hartman when the tree would be removed and he replied this week.  He spoke with the tree service last Friday.  He stated it is a healthy tree and is not going anywhere.  Mr. Shepler disagrees and would like Council to come sit on his porch during a wind storm.  If the tree service doesn't show up this week, another company will be contacted.

 

Harold Sharier, 525 Dartmouth, has received a nuisance letter to cleanup his stuff in the alley behind his property.  He feels if he has to do this then everyone else in the neighborhood should have to.  Another resident has planted trees there and they should be removed.  He feels he is being harassed by a neighbor and this neighbor has no spouting on his garage and the water runs into his yard.  The spouting from the neighbor also drains into his yard.  "This is harassment and stalking."  Council Member Hilliard asked when he received the last letter.  It was dated June 18th and Mr. Sharier complied.  Council Member Godwin stated Council was not here to settle neighborhood disagreements and fighting.  These are civil matters.  Council Member Hilliard stated that they are all neighbors and need to let the petty things go.  He stated they should shake hands and get along.  Council cannot deal with these personal problems.

 

Joann Brown, 615 Dartmouth Street, asked if the neighborhood could get a mediator.  Mayor Schwab said he would organize it because everyone needs to get along.  No one is perfect and no one's property is kept perfect.  The fighting makes no sense.  He will be at Village Hall next Monday at 7pm if the residents involved would like to come in and talk.

 

Mike Harrison, 12256 Baughman, asked if his issue from last meeting was going to be revisited.  He was requesting limestone.

 

GUEST:

Kelly Snively of the Fairless Soccer Association thanked the Village for the use of the fields and concession stand last season and is requesting permission for this year.  They are also requesting a donation.  Their storage unit was broken into and the goals and balls were stolen.  They are also trying hard to support the High School program.  Mayor Schwab brought up the October Fest that will be September 29th so there are no scheduling conflicts.  Council Member Duff told her about the upgrades to the concession stand.  Council Member Godwin told her to contact Clerk King if there was anything that needed changed in the concession stand.

 

The following residents were also present: Robert Brown, Paul and Cindy Mackey, Trent Miller and his mom, Ray and LaVonne Heitger, Dale Fox, and Linda Taylor.

 

CONSIDERATION OF ORDINANCES:

ORDINANCE 18-2012: An Ordinance to change the name of the Ambulance and Equipment Fund to the Emergency Medical Services (EMS) Fund was given third reading.

 

COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to pass Ordinance 18-2012 as read.  The vote: All yes.

 

ORDINANCE 19-2012: 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 third reading.

 

Council Member Hilliard questioned the weekend hours.  Mayor Schwab stated the Ordinance stated the Fire Chief would make that decision.  Council Member Duff stated the department knows what is best.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to pass Ordinance 19-2012 as read.  The vote: Hilliard, yes; Huff, abstain; Tharp, yes; Bichsel, yes; Duff, yes; Godwin, yes.

 

A Resolution creating an Ambulance Replacement Fund and transferring funds to this fund was given second reading.

 

A Resolution adopting the Village's 2013 Alternative Tax Budget was given second reading.

 

A Resolution creating an Unclaimed Money Fund was given first reading.

 

MUNICIPAL DEPARTMENTS:

Fire Department: Chief Rick Patterson

Chief Patterson's letter requesting the purchase of a hose testing pump at $2,500.

 

Chief has been advised of someone using fire vehicle's jake brakes.

 

Chief stated ladder and pump testing will need to be done shortly at a cost of $1,500.    

 

Police Department: Chief Harry Porter

Resignation received: Part Time Patrolman Jason Holland

 

2008 Cruiser has had a transmission leak repaired at White's Maibach Ford.

 

SOLICITOR: Attorney Al McCallin

Attorney McCallin is working on a couple of research projects.  One is the paper alley policy adoption.  The other is for Council Member Huff concerning being on the Recreation Board.  Council Member Duff thinks it will be a conflict of interest.  Solicitor McCallin stated there may be voting issues.

 

COMMUNICATIONS:

Reminder: Brewster Parke: 10th Annual Brewster Parke Car Show on Saturday 07/21 at 8am.

 

Reminder: Fairless Invitation to Community: July 17th at 6:45pm; Meet new Supt Broc Bidlack; everyone is welcome.

 

Community Service Donation Application submitted by Fairless Midget Football Association for $1,000.

 

Efficiency Smart staff will go door to door on July 28 & provide CFL bulbs.  VA Hartman has been asked to waive the soliciting permit fee.  Council Member Godwin would like to see it advertised on the community sign.

 

Solid Waste District: drop off sites will now accept #1,2,3,4,5,6, & 7 plastics; previously only #1 & 2.

 

Letter to Council from Paul and Cindy Mackey of 575 Dartmouth   Street SE.

 

Council Member Tharp asked if a vote was required to waive the soliciting permit.  Mayor Schwab stated it was not required but Council could if they wished.

 

VILLAGE ADMINISTRATOR: Steve Hartman

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.

 

Street:

Catch basin replacements are half done on Mohican.

 

Salt barn floor has been poured.

 

Received a request for gravel behind 833 Harriman.

 

Sewer:

We need a signed engineering agreement to proceed with our funding with WPCLF.  We are committed to only the first two items.  Solicitor McCallin stated an ordinance is needed for the whole project.

 

Electric:

We are waiting on fixtures for the Shearers parking area.

 

Village:

Haymaker to come in this week to remove trees.  Oak on Mohican and Harmon.  Two trees on McKinley and 2nd Street.  Council Member Hilliard would like to see Tim Stith trim the trees downtown.  Council Member Huff stated whether it is Tim or a semi...what's the difference?  Tim knows what he is doing.

 

VASCO was in for repairs at skate park.  Looks good.

 

Council Member Duff was up through Rt 93 today.  Somebody voted no on a resolution last meeting and he would like to know why.  The person doesn't have to answer tonight.  Council Member Huff stated that everyone knows he voted no.  Should we put another light on 2nd Street, there was an accident there too.  Mayor Schwab stated he was just looking for Council's support of the study.  Council Member Huff stated an accident is an accident.  Council Member Duff stated that when there is a kid in a casket, he will pray for Council Member Huff.

 

Council Member Godwin inquired what it would take to get the pole on Elton taken care of.  VA Hartman stated the only way the cable company will fix it is someone goes out and snips the line.  As long as the customers are happy,  nothing will change.

 

Boy Scout Trent Miller reported on his project.  He has been researching putting in a dog park.  He has spoken to other communities about their dog parks, priced the fencing, and is looking into getting work and supplies donated.  Insurance needs looked into also.  Mayor Schwab suggested the Parks and Grounds Committee make a recommendation at the next meeting.

 

Council Member Hilliard stated the skate park looks great but the water fountain needs fixed.  The east side of the fence around the tennis court needs attention also.  It is curling up and the balls go under it.

 

MAYOR’S REPORT:

FEMA requires that Public Officials receive NIMS (National Incident Management System) training; Tim Warstler, the Stark County Emergency Management Director, provided the following web address for the needed training: http://training.fema.gov/EMIWeb/IS/is908.asp; it is a one hour course with exam; IS908 followed by IS701 for additional training, if desired.

 

State Route 93/Elton Street intersection; ODOT District 4 Director Anthony Urankar advises that the traffic flow does not require any upgrades at this time. StarkCounty concurs; Mayor will ask the Stark SCATS agency to look at a possible turn lane installation with the next paving.

 

Request an Employee Committee meeting in the near future; look at benefits, safety measures, wages, etc.; requested that VA research on call measures.  Council Member Bichsel stated she already planned to make a motion later in the meeting.

 

Councilman Tharp has asked for a review of the Property Maintenance & Nuisance regulations; best start is a review of what is on the books.

 

Mayor has asked VA to get quotes from an arborist to trim downtown trees; affecting vehicular sight lines and pedestrians.  Mayor stated it is Council's call as to whether an arborist is hired or if Tim Stith trims.

 

VILLAGE CLERK-TREASURER’S REPORT:

Finance 101-  Clerk King discussed the Alternative Tax Budget and millage.

 

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

 

Tim Stith, Director of Beautification Services is requesting permission to order flowers for next year at a cost not to exceed $1,300.  He has not been satisfied with the flowers for the last several years and has a vendor he feels would provide better flowers but needs the order by early September.

 

Received a call from Sean Duff stating he was unable to attend the meeting but if Council has any questions concerning the Midget Football's request for donation to let Clerk King know.

             

COMMITTEE OR COUNCIL REPORTS:

Council of the Whole meeting minutes from July 2nd; discussed weed, nuisance, and property maintenance ordinances.

 

Neighborhood Watch minutes from June 24th; list of proposed sign sites.  Council Member Hilliard wants to discuss compensation as the program moves forward.

 

Street Committee met at 6:30pm to discuss street and alley opening guidelines.  Council Member/Chairman of the committee Godwin was against the consensus so he let Council Members Tharp and Hilliard give their recommendation.  They would like Williams Street put on the paving list to be improved by paving and have abutting property owners assessed for the curbs and gutters.

 

            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 Tree Board Chairman George Patterson: A list of trees that should be removed.  Council Member Huff would like it tabled until next meeting so he can look at them.

 

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

Village Hall cleaning is being put off until the front doors are replaced.

 

PENDING PROPOSALS from past meetings:

Citizen's petition: Improvement of Williams   Street - A paper street west of Dartmouth Ave.

           

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.

 

Don Saterfield of 853 Harriman requested that limestone be placed in the alley behind his property.

 

Mike Harrison of 12256 Baughman requested limestone at the end of his drive.

 

OLD/NEW BUSINESS:

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to have an ordinance drawn up for weed and nuisance letters.  The vote:  All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to approve an Insurance Committee meeting on August 6th at 6:30pm to discuss the Village's liability insurance.  The vote: All yes.

 

Council Member Huff asked Council Member Godwin to schedule another Street Committee meeting.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HUFF and motion carried to approve a Street Committee meeting on August 6th at 6:00pm.  Council Member Bichsel inquired if they were voting on the recommendation.  Council Member Tharp asked if they were tabling the actual request.  It was decided that there was more to discuss.  The vote: All yes. 

 

COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to approve an Employee Committee/Council of the Whole Committee meeting to discuss benefits, safety measures, wages, etc. on August 20th at 6:00pm.  The vote: All yes.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to have the floors and windows cleaned at the Police Department by Shoups.  The vote: All yes.

 

Council Member Tharp asked Council Member Godwin what they were doing about Mr. Harrison's request.  Council Member Duff said to put it on the table and get it over with.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHSEL to purchase limestone for Mr. Harrison at a cost not to exceed $250.  Council Member Hilliard stated that there are alleys with gravel that the Village plows.  Each request has to be looked at individually.  Council Member Duff stated then he will bring in more addresses for the Village to purchase gravel for.  The Harrison property is a shady area whether it is Village or Township.  Council Member Huff asked who put the driveway in originally.  It was stated years and years ago probably by the Baughmans.  Council Member Huff asked how many times the Village put gravel in for him.  One time was stated.  Council Member Duff stated Mr. Harrison came to the Village because the Township wouldn't do it.  He also stated we are not putting it in there year after year.  The vote: Hilliard, no; Huff, yes; Tharp, yes; Bichsel, no; Duff, no; Godwin, no.  Motion fails.

 

Council Member Hilliard stated the tree was removed from 294 4th   St SW with the understanding that the resident would then fix the sidewalks.  He would like VA Hartman to send Mr. Henderson a letter to have the sidewalks fixed.  This is where the kids catch the bus.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to allow the Soccer Association to use the fields and the concession stand.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to have an ordinance drawn up to approve the agreement with Hazen and Sawyer for the Sewer Project for a total of $ 565,852 realizing that the Village is only obligated for the first two steps at this point.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to allow Council Member Tharp to write a letter inviting the local businesses to a Business Association meeting.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to adjourn the meeting at 8:38pm.  

 

Respectfully submitted,

 

 

 ____________________________________

K. Kris King, Village Clerk-Treasurer

 

 

___________________________________

Mike Schwab, Mayor

 

 

 

"I don't know the key to success, but the key to failure is trying to please everybody." -Bill Cosby

 

"Don't ever take a fence down until you know the reason it was put up." -G.K. Chesterton