November 5, 2012 - Meeting Minutes

MINUTES

BREWSTER VILLAGE COUNCIL

NOVEMBER 5, 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

Jay Huff, Council Member

David Godwin, 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

Rick Patterson, Fire Chief and Street Superintendent

MINUTES FROM THE OCTOBER 15, 2012 REGULAR COUNCIL MEETING:

Mayor Mike Schwab asked if there were any additions or deletions to the October 15, 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 GODWIN MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to accept the bills for the amount of $ 103,284.95. The vote: All yes.

AUDIENCE:

Janet Yoder, 170 West Second Street, and Lori Bratcher, 160 West Second Street, attended to discuss a truck and trailer parked in front of their homes. It makes it difficult for Mrs. Yoder to back out of her drive. Sometimes the owner just drops the trailer. Sometimes the trailer is empty and sometimes it is loaded. He lives down the block and parks by their homes and walks to his house. Solicitor believes this is a zoning code violation. It would be considered storage of a commercial vehicle. Mrs. Bratcher said he parked on Friday and moved it by 8:30am Monday only to return by 1:30pm and drop the trailer. The Mayor stated he was offered permission to park in the park parking lot but refused. VA Hartman is to monitor the situation and site the man if this continues. Mrs. Yoder asked if he would be sited or his company. Mrs. Bratcher stated he is the owner. Solicitor McCallin stated if he is not making a delivery he can be sited immediately. IF he blocks emergency vehicles, it is a safety hazard. VA Hartman stated the trailer parked alone is against Ohio Basic Code. Council Member Hilliard stated he thought it was illegal to park trailers on the street. Solicitor McCallin stated it is a violation of Ohio Basic Code section 76.0411 if it is obstructing traffic.

Chris Colucy, 275 West 5th Street, stated there is a problem with parking at 5th and Wabash anytime the churches have functions. There used to be yellow painted on the curbs that kept the cars from parking close to the intersection but it has worn off and people park too close to the intersection. It not only creates a hazard getting out onto Wabash but emergency vehicles would not be able to make the turn to get onto 5th Street. The Mayor stated the Village painted the yellow on the curb.

Council Member Duff said that since we are talking about trailer parked on the street, the VA should check on a camping trailer on West Second Street.

The following residents were also present: Paul and Cindy Mackey, Linda Taylor, Joseph and Dawn Strausbaugh, William Lynch, and Dale Fox.

CONSIDERATION OF ORDINANCES:

An ordinance authorizing the renewal of contract with Attorney Larry Chapanar as Village Prosecutor was given second reading.

A resolution employing Attorney Al McCallin as Village Solicitor for two years was given second reading.

An ordinance adjusting the base wage and certain benefits of Village employees(2% increase for 2013) was given second reading.

A resolution authorizing a three year contract with LOGIC/RED Center for dispatching of Police and Fire Departments was given first reading.

Tabled from October 15th: An ordinance that provides the division of moneys received from SugarcreekTownship and Tuscarawas Township Fire and Ambulance contracts between the Fire Fund and the Ambulance Replacement Fund was given third reading. (Mayor and Clerk recommend that this ordinance be modified to provide that the moneys received from the SugarcreekTownship and Tuscarawas Township Fire and Ambulance Contracts be placed in Fire Equipment Fund only.)

COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to untable the above ordinance. The vote: All yes.

ORDINANCE 35-2012: COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to modify and pass the ordinance placing all funds received from Sugarcreek and Tuscarawas Townships Fire and Ambulance contracts in the Fire Equipment Fund. The vote: All yes.

Council Member Huff is concerned with the wage ordinance proposed. He stated he cannot sit at this table when the Village cannot fund the Fire Dept. and give them raises. Council Member Bichsel asked if the Fire Dept. took part in the 2% increase. It was stated that the officers and the paramedics receive the 2% increase. Council Member Huff stated there has got to be a better way to fund the fire department. He stated giving raises to the officers will create a wedge in the department. Council Member Bichsel stated the other departments are supporting themselves and denying them raises will open up a hornet's nest.

MUNICIPAL DEPARTMENTS:

Fire Department: Chief Rick Patterson

The hose testing is complete. A two inch hose and gated wye need replaced ($1,000).

Reimbursement for Roger Carpenter for completed Paramedic Training ($4,321.44). Chief Patterson stated Roger would have to sign an agreement for three years of service in order to receive this. Council Member Huff stated his son Jon had to wait for two years to get his reimbursement. Chief Patterson stated Jon told him he received it upon completion of the course.

Council Member Godwin received suggestions for the Fire Department to hold a "Breakfast with Santa". Chief Patterson said they would take it into consideration.

Council Member Bichsel wished to thank the firemen that helped her with trick or treat on Saturday.

Police Department: Chief Harry Porter

Officer Taylor has made application for a JAG grant of $ 5,020 for an additional in-car camera; Village's share is 10% of the total cost. Council has an information sheet.

Copy of a thank you letter to Officer Creter concerning a recent arrest.

Chief Porter will complete first six months as Chief on 11/07/12; he has done an excellent job.

Council Member Godwin has received complaints of speeders coming into town on Harmondale and racing down Mohican.

Council Member Huff stated the school speed zone lights are all over the place. He was advised that the Electric Dept has scheduled a repair for Tuesday.

SOLICITOR: Attorney Al McCallin

Solicitor McCallin addressed the parking issue on 2nd Street. Section 76.10 of Ohio Basic Code states that it is unlawful to leave less than 10 feet open on a street. Section 76.11 states the owner of the vehicle will be charged.

COMMUNICATIONS:

Thank you from Fairless Soccer Club for 2012 donation.

US Post Office: Survey mailing to residents and a public hearing on Monday, November 26th at 1pm to review survey results and to present the POST plans; proposal is reduction from 6.5 hours to 6 hours.

Columbia Gas letter outlining programs available to residents to help with gas bills; copy given to Utility Office for suggested use on a future utility bill; information has also been sent to the Far Corner.

Municipal Income Tax Uniformity introduced as HB 601; detrimental to all municipalities; suggest a resolution in opposition be adopted for submittal to Ohio Legislators; appears they are rushing to get it through this session.

VILLAGE ADMINISTRATOR: Steve Hartman

Water:

The contractor will begin the water building roof the middle of this week.

Street:

The department has been picking up leaves.

Central Allied has finished the paving project. A change order will be needed. The edges will need to be sealed.

The storage area in the attic is progressing in conjunction with fixing a water leak that was discovered behind the jail cell.

Sewer:

We have been approved for WPCLF funding.

Electric:

The Department is working on a line at the railroad. We will have real-time data.

The Electric garage is progressing. The plumbing has been approved by the county. The contractor is lining up the plumber.

Village:

Spoke with Mr. Furia at ODOT regarding the speed limit on Rt. 62. There are two methods available: 1. The Village can control the portion in the Village limits by declaring the area an urban district and make the speed limit 35MPH. 2. The Village can perform a traffic study and then ODOT will determine the speed limit. Council Member Tharp asked if it would be less of a headache to just go ahead and declare it an urban district. Council Member Huff stated the only thing we can't do is what is controlled by the state.

Council Member Hilliard asked if the truck is being housed in the new garage yet. VA Hartman stated not to his knowledge yet.

Council Member Hilliard stated there is a light coming on and off at McKinley and Needham and 2nd St has lights doing the same thing. Mayor Schwab suggested getting the exact address where the lights are.

Council Member Huff would like to see the November 13th street sweeping canceled. VA Hartman stated we can change the date to anything we want.

Council Member Godwin stated the 1st light pole on Park Drive on right is out.

Council Member Hilliard asked if the Electric Department ever works evenings. VA Hartman asked if he wanted to pay overtime. He stated to just give the Police Department a pad and pencil on midnights.

Council Member Hilliard stated on Cleveland, west end of the curbing will need repaired in the spring. VA Hartman is getting quotes.

MAYOR’S REPORT:

In time for 02/01/2013 Natureworks/ODNR Grant applications; Parks and Grounds Committee and Mayor working on a Gazebo/Stage in SE corner of the park and a possible enclosed Community Pavilion in BimelerPark.

From 10/15 meeting; Copy of the pending ordinance 2012 Employee Wage Ordinance with possible modifications noted in bold print provided. Third reading slated for 11/19 urge Council to review modifications they desire to make to the pending ordinance.

Public information handout for Village Enterprise Zone for Council. Parameters are set by State law.

Working on: Exploring the pluses and minuses of an area Fire District via a consolidation of SugarcreekTownship area fire department; I've found that this is a huge step for all involved and all consequences need to be considered. This may provide an overall safer SugarcreekTownship and Villages, and possibly a better use of available funds and manpower. At this point this is only research and will involve the Village Fire Chief and Village Solicitor in the near term.

Electric superintendent advises that the proposed First Energy Substation in Harmon will offer possible benefits to Village Electric utility; a tap would shorten Village's current connection to First Energy.

The Village Clerk and Mayor working on credit card and online payments for utility bills; will report in 2013.

VILLAGE CLERK-TREASURER’S REPORT:

Year-end legislation needed:

Resolution of temporary appropriations
Ordinance of supplemental appropriations and amending Ordinance 7-2012
Ordinance transferring funds from the General Fund
Ordinance authorizing payment on the electric substation/OMEGA JV2, interest, legal fees and bond study

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

October Month-to-date and Year-to-date financials were distributed in Council's boxes.

Waiting on a response from the Tax Equalization Department of the State of Ohio on our Ambulance Replacement Fund transfer.

Latest on the Uniform Municipal Tax Code: Ohio State Representative Cheryl Grossman from Columbus is reportedly drafting the legislation that, if passed, would make this a reality. This could affect the our Village by allowing businesses with negative net operating loss from one year to avoid paying local income tax for up to five years, which would reduce our tax collections. We would also lose money due to the change in the number of days a business can work in the Village without paying income tax from 12 days to 30 days. The scariest part of this legislation is that if the State Tax Commissioner can recommend centralized state tax collection and we would not only lose control of the process but also pay a percentage to the state for their processing of the taxes. Resolving any issues for residents would also be more complicated.

Wrote a new investment policy with assistance from the Ohio Public Treasurers Assoc.

BAN payment been $200,000 a year for the majority of the years it has been in existence. The current balance is $580,000. I would like to recommend paying $290,000 in Jan 2013 and Jan 2014. From the information I've received from AMP, it looks as though this would be beneficial to the Village. We would eliminate a year of bond study and the interest that would accrue. They did stress the importance of keeping the debt ratio above 1.10. There is no penalty for paying it off early.

"VILLAGE SPEAKS"

Council Member Hilliard stated the teachers the Trick-or-Treat on the weekend worked out well.

Council Member Tharp read a text from his phone concerning the poll on the internet not being fair because not everyone has the internet.

Clerk King has received many texts concerning the lighting at 1st and Grant Street.

COMMITTEE OR COUNCIL REPORTS:

Economic Committee meeting minutes from 10/15 including AMP presentation

Parks and Grounds Committee members Duff and Huff and Mayor met on October 22 in BimelerPark to look at signage, proposed gazebo/stage and a 24'x60' Community building/Pavilion with overhead garage doors in openings. Chairman Duff reported on the meeting this evening which included the above plus a police garage. He has asked the Mayor to apply for Natureworks grants for the parks.

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.

Reminder: Council's FEMA training available at http://training.fema.gov/EMIWeb/IS/is908.asp; it is an hour course.

EXPENDITURE REQUESTS from past Meetings:

Fire Chief: Two inch hose at $725.00and gated wye at $275.00 for a total of $ 1,000

PENDING PROPOSALS from past meetings:

Elton Street/N. Wabash Avenue Intersection Upgrades-awaiting proposal costs from Engineering Associates.

Police Garage proposal: awaiting development costs from Harris Day Architects; Jeff Day contacted again.

Community Area Reinvestment Area (CRA); Suggested modifications from the Mayor being reviewed by Economic Development Committee; Mayor would ask that they also look at Commercial plan changes.

A Village Social Media Policy from the Mayor; referred to the Employee Committee.

Alley and Street Opening Procedures draft from Mayor (referred to Street Committee).

Proposal from Mayor: Draft of a Public Officials Salary resolution; 2% raise for Village Clerk; Mayor & Council would receive no raises in proposal; suggest that Council move the resolution forward.

OLD/NEW BUSINESS:

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to draw up a resolution of temporary appropriations for 2013. The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to draw up an ordinance of supplemental appropriation. The vote: All yes.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to draw up an ordinance for a transfer from the General Fund to the Fire Equipment Fund. The vote: All yes.

COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to draw up a resolution of opposition to HB 601- the Uniformity in Municipal Income Tax. Council Member Tharp would like to read the actual bill first. The vote: Huff, yes; Tharp, no; Bichsel, yes; Duff, no; Godwin, yes; Hilliard, no. Mayor Schwab broke the tie with a yes vote.

COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to draw up an elected officials salary resolution as mentioned earlier in the meeting. The vote: Huff, yes; Tharp, no; Bichsel, yes; Duff, yes; Godwin, yes; Hilliard, no.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried reimburse Roger Carpenter $4,321.44 for completing his paramedic training. Council Member Tharp asked how the agreement can be binding if Council hasn't approved it. Solicitor McCallin stated this contract was just an amended agreement that was passed by a previous council and he thought the ordinance just referred to the agreement not specifics contained in the agreement. Council Member Huff wanted to know how Council could reimburse him and not the firemen for their firefighter classes. He also thinks it should be paid out of the General Fund. The vote: Huff, no; Tharp, yes; Bichsel, yes; Duff, yes; Godwin, yes; Hilliard, yes.

COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to purchase fire hose and a gated wye at a cost of $1,000 from the Fire Fund.. The vote: All yes.

COUNCIL MEMBER HUFF MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to draw up an ordinance for the payment of $290,000 principal, the interest, and bond study for the 2013 BAN payment. The vote: All yes.

Council Member Tharp brought up the Procedures/Policy for the Opening of a Platted/Paper Street and Procedures/Policy for the Opening of a Platted/Paper Alley. Mayor Schwab had provided a draft of each. Council Member Tharp wanted to remove the sixth section. He felt it was not needed. Council Member Duff felt this should be discussed better at a committee meeting. Council Member Tharp stated Council was scheduling meetings to schedule meetings. Council Member Godwin stated he scheduled a committee meeting at the last meeting for December 3rd at 6 and 6:30pm to discuss this and the street levy.

COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER DUFF and motion carried to hold an Employee Committee meeting on November 19th at 6pm. The vote: All yes.

Council Member Tharp asked if any other members of Council had reviewed his business association letter and had any suggestions. There was no comment so he stated he was not going to send it out for a while so if anyone had any suggestions he would be able to address them.

Council Member Tharp asked if there were any comments on his recommendations for the Community Reinvestment Area. Council Member Duff stated the $2,500 for residential improvements is too low. It costs that much to replace carpet in a house. Council Member Duff feels it would take money away from the schools too and they are already hurting,

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HUFF and motion carried to draw up a change order ordinance for Central Allied. The vote: Huff, yes; Tharp, no; Bichsel, yes; Duff, yes; Godwin, yes; Hilliard, yes.

COUNCIL MEMBER HUFF MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to draw up an ordinance naming the two projects that the Mayor is applying for grants. The vote: All yes.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to delay the Street Sweeping. The vote: All yes.

COUNCIL MEMBER HUFF MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to draw up an ordinance deeming the area surrounding Rt 62 by the FairlessSchool an Urban District and posting a speed limit of 35MPH. The vote: All yes.

COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to adjourn the meeting at 8:45pm.

Respectfully submitted,

____________________________________

K. Kris King, Village Clerk-Treasurer

___________________________________

Mike Schwab, Mayor

"A goal without a plan is a wish." - Herm Edwards

"A lie told often enough becomes the truth." - Lenin (1870-1924)

REMEMBER TO VOTE ON TUESDAY!!!