April 2, 2012 - Meeting Minutes

MINUTES

BREWSTER VILLAGE COUNCIL

APRIL 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 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:

Galvin Fowler, Police Chief

Steve Hartman, Village Administrator

K. Kris King, Clerk-Treasurer

Al McCallin, Solicitor

Rick Patterson, Fire Chief & Street Superintendent

Harry Porter, Police Captain

 

MINUTES FROM THE MARCH 19, 2012 REGULAR COUNCIL MEETING AND MARCH 28, 2012 SPECIAL MEETING:

Mayor Mike Schwab asked if there were any additions or deletions to the March 19, 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.

 

Mayor Mike Schwab asked if there were any additions or deletions to the March 28, 2012 Special Council meeting minutes.  There were none.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER BICHSEL 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 $ 81,975.10.  The vote: All yes.

 

AUDIENCE TIME:

Eddie Miller of Classical Construction, LLC attended to plead his case for his electric garage bid.  He was the only bidder that showed up for the mandatory pre-bid meeting.  Another contractor had placed a lower bid but did not attend the mandatory pre-bid meeting.  Mr. Miller said he would be happy to work for the Village and that the Village would be happy with his work.  Solicitor McCallin stated the meeting appeared to be a waivable. 

 

The following residents were also present: Jennifer Creter, Ray & LaVonne Heitger, Dale Fox, Linda Taylor, Paul & Cindy Mackey, Sue Fowler, Linda Taylor, and Jim Berresford.

 

CONSIDERATION OF ORDINANCES:

ORDINANCE #08-2012:

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to untable an Ordinance awarding a contract for Village employee health insurance at third reading.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to amend the ordinance to read:  An Ordinance Awarding a Contract for the Village Employees' Health Insurance with Aultcare, Dental Coverage with Delta Dental of Ohio, and Vision Care with Ohio Public Employees' Consortium VSP Plan.  The vote: Godwin, yes; Hilliard, yes; Huff, no; Tharp, yes; Bichsel, yes; Duff, no.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to pass the Ordinance #08-2012 as amended.   The vote: Godwin, yes; Hilliard, yes; Huff, no; Tharp, yes; Bichsel, yes; Duff, no.

 

 

ORDINANCE #09-2012: An Ordinance authorizing a contract with American Municipal Power for intermediate power needs for 2014, 2015, & 2016 was given third reading.

 

COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to pass Ordinance #09-2012 as read.  The vote: All yes.

 

ORDINANCE #10-2012:

An Ordinance awarding a contract for employees' life insurance with Guardian Life Insurance Company was given second reading.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to amend the Ordinance to read:  An Ordinance Awarding a Contract for the Village Employees' Life Insurance withHartfordand Declaring an Emergency.  The vote: Godwin, yes; Hilliard, yes; Huff, no; Tharp, yes; Bichsel, yes; Duff, no.

 

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

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion to pass Ordinance #10-2012 as amended.  The vote: Godwin, yes; Hilliard, yes; Huff, no; Tharp, yes; Bichsel, yes; Duff, no.

 

Council Member Tharp asked about the ordinances proposed by Prosecutor Chapanar.  Chief Fowler stated he did not recommend them because the Village would be responsible for the cost of the jail time so they were dropped.

 

MUNICIPAL DEPARTMENTS:

Fire Department: Chief Patterson

Request the approval of the annual Life Pack 12 heart monitor service agreement at a cost of $2,127.00.

 

Request to replace two pairs of boots at a cost $295 per pair.

 

Council Member Tharp asked if the additional EMS Service was going to be addressed.  Medic Jen Mohler, Mayor Schwab, and Clerk King will present in the near future.

 

Police Department:

Chief Galvin Fowler announced his retirement on April 19th to the Council.  He is recommending Capt. Porter as his replacement because he deserves it.  Mayor Schwab stated he was sorry to see him leave.  He went on to say what a good job he has done as Chief.  Council Member Hilliard thanked him for doing a good job and Council Member Godwin congratulated him.

 

The new cruiser is on the road.  The 2002 Ford Crown Vic will need to be advertised for bid. 

 

Capt. Porter presented quotes for two tasers for the Police Department.  Council Member Hilliard asked why the Village didn't have them already.  Council Member Duff stated that when they were presented the last time there was a lawsuit over a death attributed to a taser so it was dropped.  Council Member Tharp suggested it be an issue for the Safety Committee.  Council Member Godwin suggested having Capt. Porter's "guy" come speak to the Safety Committee.

 

March Activity Report was given to Council Members.

 

SOLICITOR: Attorney Al McCallin

Village Government 101:  Solicitor McCallin discussed ethics and conflicts of interest for elected officials.  He also discussed abstaining from voting.  Council Member Duff asked if a family member is employed by the Village, is it ethical to vote on issues that include all employees' benefits and not on an individual basis.  Solicitor McCallin stated as long as it was not just the family member it was fine.

 

COMMUNICATIONS:

Stark Regional Planning/Mary Lee Sponseller: 2011 Enterprise Zone Report.  The Dairy's tax incentive will lapse on December 31, 2013.  135 jobs have been retained through this tax incentive.  Council Member Tharp asked when renegotiations should be started.  VA Hartman stated the Dairy will initiate it.

 

VILLAGE ADMINISTRATOR: Steve Hartman

Electric:

Rate Study cost as requested by Council is $24,500.  VA Hartman does not feel it is warranted or needed.  He keeps a sharp eye on the PCA which is dropping.  He also discussed cash reserves and the debt ratio.

 

The first two outages to switch over Shearers were completed the last two Sunday mornings.  The third outage has not been scheduled but VA is looking at the 3rd or 4th Sunday in April.  This outage will last 8 - 10 hours.  The department asked the VA to thank Council Member Godwin for coming out and taking an interest in the project.

 

VA Hartman stated a decision needs to be made on the electric building:

Electric Garage bids:               Engineering Associates'(EA) Estimate           =          $140,000

            RBS General Contracting LLC          =          $ 117,986

            Classical Construction LLC                =          $ 149,500

EA recommends RBS as long as the bid irregularities can be waived according to Solicitor.

 

Streets:

The salt barn-we need to move one way or the other.  Council Member Duff asked if the quote was for supplies only.  Supt. Patterson stated the Village employees will be doing the work.  He also wanted to know when the roof was replaced.  Supt. Patterson stated it was replaced last year and the building would still be used to store other equipment.

 

Council Member Duff wanted prices to rent and purchase a flail mower.

 

Water:

Installed isolation valves at the plant.

 

Sewer:

The Village is on the DEFA funding list.  They are requiring a flow study be done before they will approve construction funding.  The flow study will cost approximately $85,000.  The study needs to be done in wet weather so we are in a closing window to have it done this year.

 

The sewer rate study will cost $12,500.

 

There are problems with the lines onSecond StreetandMain Streetin twenty different locations due to wood plugs used decades ago to seal services.  These have degraded and need to be sealed off along with the underground voids created.  Repair cost from Lake County Sewer is $19,500.

 

Cost for four street sweepings this year will be $6,494.  We can move the fifth sweeping to any date we choose, it is not locked in.  Council Member Huff stated we should use the last sweeping to our advantage, keep it as a floater.  Council Member Hilliard asked if the VA recommended the fifth sweeping and he said yes.

 

Council Member Huff stated if we let the sewer flow study go it will be another year before we can move forward.  It will end up like the electric garage.  He was concerned that it was already too late but VA Hartman suggested it be left up to the experts if they feel they can get enough data.  Council Member Hilliard wanted to know how fast they can get it started.  VA stated it can start as early as the end of next week.  Council Member Tharp asked Clerk King if we can afford it since we have already expended $144,000 from the Sewer Fund and can we use Capital Projects to pay for any of it.  Clerk King felt that the Sewer Fund could afford it since the $142,000 loan payment dropped off last year.  She stated the relining could come out of Capital Projects but the Flow Study could not.  In order to come out of Capital Projects, it has to last ten years.  Council Member Huff stated it could be added into the planning loan.

 

Council Member Hilliard wanted to know where and how often a ditch mower was needed.  Supt. Patterson stated once a month onChestnut Street.  Council Member Duff told him to call Case IH to see if they have something to attach to our equipment.

 

Council Member Godwin asked if the VA recommends a salt barn.  VA Hartman says we need it.

 

MAYOR’S REPORT:

Report on area "Meals on Wheels" program. 

 

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.

 

Arbor Day Tree Planting will be on Friday, April 27th at 5pm adjacent to the Brewster Dairy parking area, planting of an Autumn Blaze Maple proposed; tree can be purchased from Davey Tree at $275.00.

 

Abibow Recycling proposal from last meeting of an additional paper collection bin at Village recycling site; Recycling District Director David Held advises that an Abibow bin at the Village recycling drop-off site would present a problem; he suggests an alternative site for the Abibow paper bin.

 

The Mayor is recommending Tammy Flounders and Stacey Jewell be appointed to the Recreation Board pending background checks.

 

Proclamation by Mayor Schwab:  May 2012 is Motorcycle Awareness Month in Brewster.

 

Mr. and Mrs. Strausbaugh property at306 East 7th Street:  Recommend that the area be graded by a professional to alleviate drainage issues, that stones in the hauled-in soil be removed, that viable top soil be provided, and that grass seed similar to that in the adjacent yard be spread by Village personnel.

 

Mayor's Monthly Statement to Council (Fines, etc) = $100 in drug fines.

 

VILLAGE CLERK-TREASURER’S REPORT:

March financial report presented.

 

Walker's assessment - County website is now not recognizing the new parcel number.

 

Still working with the Auditors over the phone and internet.  Faxed twenty-six pages of invoices today.

 

Finance 101- (B11) - Street Equipment Fund .                      

 

AMP meeting in Orrville on March 29, 2012.  There was an in depth discussion on Cash Reserve Policies.  There are many different policies, the most common policy is the number of days of expenses.  The other important topic covered was changes in the AMP Credit Scoring Policy.  This is due to changes required by Moody's Rating Agency.  They adjusted the Debt Service Coverage Ratio to 1.50 or greater in order not to be penalized.  There were many of us concerned and AMP will work with Villages to help with other areas to make up for this until we can get ours up.  It is a three year average calculation. 

 

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

 

Reminder to anyone that wants to be involved in the Neighborhood Watch Program.  Background liability releases are available at the Clerk's Office.

 

The ladies on the Rec Board could use some help on Saturday for the Easter Egg Hunt.  If anyone has extra time, I'm sure they would appreciate a hand.

 

"VILLAGE SPEAKS":

Letter from Ken and Jean Brediger of 725 Harriman: oppose proposed rezoning onWest Seventh Street.

 

Council Member Godwin received complaint of people parking illegally in the "No Parking" zone.  He recommended the Police Dept. monitor it.

 

Mr. Berkey ofEast First Streetwould like a "No Outlet" sign put on his street.  He has six to ten cars turn around in his driveway daily.

 

Council Member Hilliard had a resident ask about the Power Cost Adjustment.  VA Hartman stated this is the difference between what is figured for the Villages power costs and what is collected to pay for it.  It ensures that the power bills are always covered.

 

Council Member Hilliard had a resident state they could understand the curb and gutter being put on Rt 93 north of the car wash but why sidewalks?  Mayor Schwab stated they are not putting in sidewalks.

 

COMMITTEE OR COUNCIL REPORTS:

Council Member Duff reported on the Parks and Grounds work session on March 22, 2012.  The stove and refrigerators for the concession stand have been delivered and installed.  A new countertop had to be installed because the old one was rotten.   Resurfacing the Basketball and Tennis Courts and theSkateParkwas discussed.  VA to have estimates by the end of the week.

 

Council Member Huff reported on the Tree Board 2012 tree planting recommendation.  Not all trees removed will be replaced.  He has a list of addresses where the trees will be planted.

 

Council Member Tharp reported on the Council of the Whole meeting this evening.  Oil and gas fracking was discussed and it was an enlightening discussion.  He plans to dig further.

 

Council Member Bichsel reported on the Insurance Committee on March 19th where they were getting policies in line for life and health insurances.  She will be calling to schedule employee meetings with a representative from the insurance broker.

 

Council Member Hilliard told where he was in organizing the Neighborhood Watch Program.  The books are printed and will be ready for aNeighborhoodWatchTown Hallmeeting on April 23rd.

 

EXPENDITURE REQUESTS FROM PAST MEETINGS:

Electric Garage bids:               Engineering Associates'(EA) Estimate           =          $140,000

            RBS General Contracting LLC          =          $ 117,986

            Classical Construction LLC                =          $ 149,500

EA recommends RBS as long as the bid irregularities can be waived according to Solicitor.

 

Council Member Bichsel asked what Mr. Miller was talking about.  Solicitor McCallin stated the pre-bid meeting could be waived as long as it is not required by statute or creates unfair bidding.

 

Construction of 4200' Concrete Curbing onN. Wabash Avenuefrom Elton to the south quotes:

            MidOhio Concrete                              =          $  70,475         not including asphalt repair

            Northstar Asphalt                                =          $176,400

VA Hartman explained some of the reasons there is such a difference in the quotes.

(This proposed project will require engineering and bidding.)

 

Exploration of expansion of 60hr/week Paramedic Program; Fire Chief, Clerk, & Mayor to provide a recommendation after a review of current funding and needs.

 

OLD/NEW BUSINESS:

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER DUFF and motion carried to have an Ordinance drawn up accepting RBS General Contracting, LLC's bid of $117,986 for the construction of the Electric Garage.  Council Member Huff asked if both bidders were aware of the work the Village employees would be doing.  VA Hartman assured him that both were aware.  Council Member Tharp stated the plans had changed so many times and this was a lot of money for a building expected to only last ten years.  The ten year misconception of it lasting only 10 years was straightened out and the cost of repairs due to our newest trucks sitting out.  There has been over $25,000 thus far in repairs including about $10,000 in repairs due to bird nests in the boom.  The Mayor stated his concern was an ice storm and the truck wouldn't work and we need it.  The vote: Godwin, yes; Hilliard, yes; Huff, yes; Tharp, no; Bichsel, no; Duff, yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to appoint Tammy Flounder and Stacey Jewell to the Recreation Board pending a background check.  The vote: All yes.

 

COUNCIL MEMBER HUFF MOVED, SECONDED BY COUNCIL MEMBER DUFF and motion carried to declare an emergency for approving the annual service agreement of the Life Pack 12 Heart Monitor at a cost of $2127.00 from the Ambulance Fund.  The vote: All yes. 

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to have the VA get three quotes for306 E. Seventh St.to alleviate the drainage issue, have stones removed from the soil and add viable top soil, and have Village employees sow grass similar to the grass on the adjacent property.  The vote: All yes

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to encumber $ 1,050 for Drug Free Work Place Training.  The vote: All yes.

 

COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to declare an emergency and hire Lake
County Sewer to do the sewer line repairs andSecond Street andMain Street at a cost of $19,000 from the Capital Improvement Fund.  The vote: Godwin, yes; Hilliard, yes;  Huff, yes, Tharp, yes; Bichsel, yes; Duff, abstain due to the recommendation coming from his son-in-law.

 

COUNCIL MEMBER HUFF MOVED, SECIONDED BY COUNCIL MEMBER THARP and motion carried to accept the Reilly Street Sweeping contract at a cost of $ 7,924.00 for five sweepings with the final sweeping being at Council's Discretion.  The vote: All yes

 

Council Member Huff is concerned about the flow study and having time to get it finished.  He thinks we should get started.  Council member Tharp questioned when the VA received the figures.  VA Hartman stated they came in today.  He was not sitting on them.  Council Member Godwin stated we need to get it going.  Council Member Duff stated we need to get it done.  A motion was started to declare it an emergency and have the Ordinance drawn up and then there were questions if it needed to be bid out, were our engineers exempt from the bidding since they were prequalified as professional services.  VA Hartman went to look for paperwork on the engineers.  While this was going on Council moved on with other issues.

  

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to approve a sewer rate study at a cost of $12,500 from the Sewer Fund.  The vote: All yes.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to hold aNeighborhoodWatchTown Hallmeeting on April 23rd at 6:00pm in Council chambers.  The vote: All yes.

 

Council Member Hilliard brought up the lights on the tennis/basketball courts.  Council Member Duff stated some of them need to be removed.   Council Member Tharp thinks we need to do something about them.

 

Council Member Tharp started a motion and withdrew it to start again after some discussion.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to approve the flow study at a cost of $85,000 with the understanding the work will be stopped at $50,000 pending Solicitor McCallin's legal opinion on the bidding.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to adjourn the meeting at 8:48pm.  

 

Respectfully submitted,

 

 

 ____________________________________

K. Kris King, CMC, Village Clerk-Treasurer

 

 

___________________________________

Mike Schwab, Mayor

 

 

 

"Insanity: doing the same thing over and over again and expecting different results." - Albert Einstein (1879-1955)