August 17, 2015 - Meeting Minutes
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:
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to excuse Council Member Hilliard from tonight's meeting. The vote: All yes.
VILLAGE OFFICIALS/EMPLOYEES PRESENT:
MINUTES FROM THE AUGUST 3, 2015 REGULAR COUNCIL MEETING:
Mayor Mike Schwab asked if there were any additions or deletions to the August 3, 2015 Council meeting minutes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to accept the minutes as presented. The vote: All yes.
PRESENTATION OF BILLS:
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to accept the bills for the amount of $ 689,863.33. The vote: All yes.
AUDIENCE:
Council Rules: Members of the audience shall rise to be recognized, state their name and address, ask their questions or make their comments in a direct manner, and receive their answer in a like manner. Members of the audience shall only speak at audience time, and shall be ruled out of order if they attempt to join in Council’s discussions. Courtesy shall prevail at all times.
Audience in the attendance: Cindy Mackey, John Barkan, and Jim Barnhart.
CONSIDERATION OF ORDINANCES:
ORDINANCE 25-2015: An Ordinance Authorizing the VA to Prepare for and Advertise for the Bidding of a McKinley Avenue Electric Distribution Line Project (includes engineering contract w/GPD of $ 70,400) was given third reading.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to pass the ordinance as presented. Council Member Godwin stated this was a real upgrade to our system and is needed to carry us into the future. The vote: All yes.
ORDINANCE 26-2015: An Ordinance Awarding a Contract with Hilscher Clarke for a Standby Generator for Electric Line Shop Annex (total cost = $ 68,970) was given third reading.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to pass the ordinance as presented. The vote: All yes.
ORDINANCE 27-2015: An Ordinance Adjusting the Base Wage of Village employees (3% increase on base wage) was given third reading.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to pass the ordinance as presented. The vote: All yes.
RESOLUTION 28-2015: An Resolution Authorizing the Adoption of an Employee Sick Leave Donation Program and Adding it to the Employee Handbook was given third reading.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to pass the resolution as presented. The vote: All yes.
ORDINANCE 29-2015: A Resolution approving the 2016 Alternative Tax Budget was given third reading.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to pass the ordinance as presented. The vote: All yes.
Second Reading: A resolution authorizing the Village Administrator to prepare and submit an application to the Ohio Public Works Commission State Capital Improvement and Local Transportation Improvement Programs for a Park Street Improvement Project, and to execute contracts as required.
Second Reading: A resolution authorizing the Village Administrator to prepare and submit an application to the Ohio Public Works Commission State Capital Improvement and Local Transportation Improvement Programs for a Water Treatment Plant Improvements Project, and to execute contracts as required.
Second Reading: A resolution authorizing the Village Administrator to prepare and submit an application to the Ohio Public Works Commission State Capital Improvement and Local Transportation Improvement Programs for a Wabash Underpass Water Line Project, and to execute contracts as required.
First Reading: An Ordinance Awarding a Contract for Casualty and Liability Insurance to Wichert Insurance Agency.
Tabled on August 3, 2015: An ordinance amending Chapter 90 - Animals of the Village Codified Code.
MUNICIPAL DEPARTMENTS:
FIRE DEPARTMENT:Chief Chris Colucy
Chief Colucy stated the FEMA Grant application is coming along. He has already received three inquiries for the purchase of the 1993 Pumper in case we get the grant. He also thanked Clerk King for her assistance in the financial portion of the application.
The chief reported the department has answered 402 calls so far this year. This is close to the number of calls last year at this time.
The department will not be holding an Oktoberfest this year. They plan to regroup and have one next year.
Council Member Godwin stated Chief Colucy did a great job assisting the paramedic when one of the football players was hurt at the high school.
POLICE DEPARTMENT: Chief Harry Porter(absent)
Council Member Tharp thanked Chief Porter and Captain Creter for providing the activity report electronically.
VILLAGE SOLICITOR:Attorney John Anthony
Solicitor Anthony provided additional sample legislation from other communities for council to review concerning restrictions on animals.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to go into executive session to consult with Legal Counsel to discuss a dispute involving the Village that is subject to pending or imminent court action at 7:21 PM. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to exit executive session at 7:35 PM. No action was taken.
Solicitor Anthony stated the email from HR Consultant John Barkan about work sessions concerning employee wages and benefits was very well stated. He also stated that it had the correct legal foundation. Council Member Mackey had questions about having discussions with employees concerning wages and benefits. Solicitor Anthony stated that was allowed but the Village is not required to hold negotiations as we are not a city. Council Member Mackey stated it was just for information gathering.
COMMUNICATIONS:
FEMA Letter: A Risk Mapping project for Brewster as part of the Tuscarawas Watershed may be undertaken by FEMA; Mayor and VA will be attending a Discovery meeting on 09/16 or 09/17 to begin the process.
Donation Application: Fairless Midget Football Association requests $500 for equipment.
CDBG 2016-2018 Application Work Shop on 09/16/2015 at RPC. Attendance will earn the village 10 points on the application.
VILLAGE ADMINISTRATOR: VA Robert Pauley-on vacation
Administrator’s Report:
Next scheduled street sweeping is September 1st - weather permitting.
Attended Stark County Safety Council meeting - Infectious Diseases in the Workplace. Upcoming September presentations include HR reporting & training responsibilities; as well as a special presentation for Public Employers. Village joined SCSC to be eligible for up to 4% discount on BWC rates.
Street department investigated appearance of sink holes, pavement settlement and voids on Dartmouth SE and Second St/ Washington Ave SW.
Utility Clerk with Clerk-Treasurer participated in conference call with F&E Payment for beta testing/fine tuning for the On-Line Utility Payment options.
AMP Power Supply personnel to review power planning updates. Tentatively scheduled for August 26.
Electric department responded to 8/11/2015 village wide power outage (69kV feed from Harmon Substation to village Southside substation) electric supt able to fully brief.
Electric Department provide support to Wastewater Treatment Plant & Sweetwater project contractors for setting of transformer banks & construction of 3-phase poleline (paralleling levee from 7th St. SE).
Next scheduled progress meeting for the Sweetwater project August 20.
ODOT SR93/Elton St intersection project progressing. Currently awaiting adjustment of OhioEdison lines to provide sufficient understory clearance for village to adjust / restring area distribution poleline.
VA Pauley also supplied a memo concerning appendices that should be considered for implementation for other departments for the stand-by and on-call policy under consideration.
Council Member Tharp asked where we were with the Sweetwater construction. Mayor Schwab stated that construction is nearing completion.
MAYOR: Mike Schwab
Pavilion construction: ceiling completed today, railings to be installed on Tuesday.
Patterson has also received a quote to replace the portion of the Bimeler Walking Path affected by new Pavilion with concrete (100’ X 5’) = $ 3500 as well as pads at front steps & handicapped ramp at an additional $500.
Due to the Labor Day Holiday on Monday September 7, 2015 the next Council Meeting will be on Tuesday, September 8, 2015.
Draft of legislation concerning an employee Stand-By program and Call Out pay; emailed - copy of draft of a policy from HR John Barkan; copy of Electric Supt recommendation.
Village Income Tax Commissioner Hartman advises that through the first six months Village Income Tax receipts are slightly ahead of 2014.
State Route 93 Paving: From ODOT web site it appears that the section of 93 between Harmon St. and State Route 250 will not be paved until 2019.
FYI only: Patterson has provided VA with quotes from Wood Electric to replace electric panels in Bimeler Park (six 200 amp panels at $1994 each) upgrade w/lockable cabinets.
Street Pick Up truck (formerly WWT truck): frame rusted through; unsafe to use; Patterson pricing a used one ton pick up; used for mosquito spraying, material handling, and so forth.
Reps of Atlas Power & Village have met with Fairless Supt Broc Bidlack to explore siting a 2 MW solar field in south of the Fairless Elementary School; also looking at other sites.
Council Member Mackey asked if the Village Administration was comfortable with the draft provided by the Mayor for stand-by pay and call-out pay. Mayor Schwab stated this is what is being recommended.
VILLAGE CLERK-TREASURER:Kris King
Check register for tonight's meeting provided for Council's signatures.
The Rock Salt Settlement application for the village has been filed. This is for overcharges from Morton Salt and Cargill Inc.
Verizon Wireless Premium SMS Refund Program Billing Summary has been requested in order to apply for a refund. I have not been able to get them to recognize our account. I spoke to a representative and was told that the cell number that was used to establish the account is the only one they will recognize. I made two more requests using what is possibly the original number. This is for unauthorized charges from third-parties that may have been placed on our Verizon bills.
The village has been approved for the State of Ohio Salt Contract for this coming winter. Morton came in at $80.81 per ton and state contract is only be $58.32 per ton. This will save the village approximately $5K.
The Recreation Board is requesting up to $1,000 for a ribbon cutting ceremony for the new pavilion to be held on August 29, 2015. They are planning music, ice cream, chips, and water.
The Alternative Tax Budget has been prepared and is ready to be submitted to the County pending your approval. Please note that it is over $5 million less due to the anticipated completion of the sewer project.
I met with the Tax Administrator for the City of Canton and he has provided me with the OML Sample legislation for the Income Tax Ordinance that is required to be passed by 1/1/2016. The information will be provided to Solicitor Anthony this evening.
I've done some beta testing for the online bill paying. I've noticed a couple of issue that need addressed. Fields required to set-up an account and a field for the person inputting the information. Utility Clerk Cline stated this was not how it was presented to her and is concerned this is going to create congestion in the office on the days that are busy.
The council table has been ordered.
Financial Network of America has provided the village with a sample resolution that would allow employees to invest in an additional deferred compensation plan similar to Ohio Deferred Comp with 2,000+ mutual funds.
Reminder: Applications for the 2015 Arts on the Boulevard are available in the Clerk’s Office. The event will take place on September 26, 2015 from 11am – 5pm on West Main Street. This is a free event for vendors and visitors.
Council Member Mackey asked if council needed to vote on the proposal for the concrete for the pavilion pad and walking path so it can be done before the ribbon cutting. Mayor Schwab stated that there are only 12 days before the ceremony so the area could just be smoothed out and the concrete could wait until afterwards.
Council Member Tharp stated the ordinance draft that the Mayor provided for the stand-by pay would conflict with the ordinance for pay increases. The Mayor stated the new ordinance would supersede the section of the wage ordinance and the language in the new ordinance would reflect that.
Council Member Tharp wanted to bring a Senate Bill to council's attention that would require residents to pay income tax to the community in which they live, not work.
COMMITTEES or COUNCIL REPORTS: The Goal of any committee meeting is to discuss an issue or proposal and to provide, by a consensus of the committee members, ONE recommendation to Council
Minutes provided tonight : Council of the Whole Work Session/July 27 – Electric Outage
Council of the Whole Work Session/July 27 – Animal Restrictions
Council of the Whole Work Session/Aug 3 – Employee Wage/Benefits
Council of the Whole Work Session/Aug 10 – Stand By & Call Out Pay
Past Knox Box discussions: Model 3262 ordered previously = $ 290 + shipping. There was a discussion of having one put on the Wandle House for tornado emergencies.
REMINDER: Insurance Committee Work Session: September 8 at 6 pm
Arts on the Boulevard: September 26, 2015 - 11 to 5pm
EXPENDITURE REQUESTS from past Meetings: None Pending
OLD or NEW BUSINESS:(Council Rules dictate a one meeting review period for expenditures, unless deemed an emergency)
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to suspend the council rule requiring an expenditure to wait one meeting before passing and approve the Recreation Board's request to expend up to $1,000 for the ribbon cutting ceremony for the new pavilion on August 29th. The vote: All yes.
COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER HAWK to draw up an ordinance for a stand-by and call-out policy and add said policy to the employee handbook.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX to amend the policy from 2 hours compensation for weekdays and 3 hours compensation for weekends and holidays to $350 per week. There was a discussion and costs were calculated. The vote: Mackey, no; Tharp, yes; Fox, no; Godwin, no; Hawk, no. Motion failed.
The vote on the original motion was all yes and motion passed.
Council Member Tharp asked why the walking path by the new pavilion was going to be concrete and not consistent with the rest of the path. Concrete is more permanent and it will be consistent with the pad for the steps. There will also be less maintenance with the concrete.
VILLAGE SPEAKS:
Rick Breden of 525 N. Wabash Ave. is requesting that the alley adjacent to his home be returned to two-way traffic. Ordinance 21-2002 designated Pennsylvania Place as one-way.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to adjourn the meeting at 8:41 p.m.
Respectfully submitted,
K. Kris King, Village Clerk-Treasurer
Mike Schwab, Mayor