July 20, 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.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to excuse Council Member Godwin from tonight's meeting. Council Member Tharp noted that Council Member Godwin has missed frequently and hopes he makes a correction to start attending the meetings. The vote: All yes.
MEMBERS PRESENT:
VILLAGE OFFICIALS/EMPLOYEES PRESENT:
MINUTES FROM THE JULY 6, 2015 REGULAR COUNCIL MEETING:
Mayor Mike Schwab asked if there were any additions or deletions to the July 6, 2015 Council meeting minutes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to accept the minutes as presented. The vote: All yes.
PRESENTATION OF BILLS:
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to accept the bills for the amount of $695,698.41. Council Member Hilliard wished to note that $341,708.00 was for Kenmore Construction for the Sweetwater Pump Station Project and $247,061.15 was to AMP for power. 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.
Justin Davis, 264 2nd St SE, is requesting the alley behind his home be repaired. It had been graveled in the past but now is just dirt with large holes. It becomes mud holes when it rains. There was a lengthy discussion concerning whether the alley was opened, vacated, or just platted. Council Member Mackey argued that there is a procedure to be followed and Council needs to follow the ordinance. Council Member Tharp argued that this was just maintenance on the alley. Council Member Hilliard stated that he had been told it needed about $2,100 in stone. He said that this was the VA's job and Council should let him take care of it. VA Pauley and Supt Patterson have inspected the area and it will require a base and equipment will have to be rented to do the work.
Herbert Rearick, 220 Cleveland Ave. SE, was concerned about where the alley was going to stop. He stated he had been told by the previous VA that it would cost him $1,000 to open it and that the Village didn't want to do it. He also wanted to know if the Village is going to ruin part of the Witting Park to put an alley in. Mr. Rearick stated he has had to break up couples in the park and has also found drugs. His wife walks the walking path and has seen people engaging in inappropriate activities behind the Police Department. Mayor Schwab asked if it was reported and Mr. Rearick stated that by the time the police would get there the people would be gone.
Jim Berresford, 284 2nd St. SE, has lived in Brewster for 37 years and states that there was an alley there before the park was built.
Jay Huff, 756 McKinley Ave. SW, stated he has sat and listened to this story a couple of times. Mr. Huff stated the alley beside the car garage was fixed because someone was related to someone on Council and that is why it was done. He said six people sit at the table and wave their little hands and allow alcohol in the park. They wave their little hands and buy a $3,700 table for Council Chambers. He said why not wave their little hands and help these folks out.
Andy Codispoti, 250 6th St. SW, is requesting that Council pass an ordinance prohibiting raising chickens within the Village. He provided pictures of feces dumped behind the owner's garage. He stated no one wants to live next door to this. He wants to prevent this from happening to others.
Stuart Rogers, 235 7th St. SW, stated he was the father of the 10 year-old boy that is raising the chickens as a project to raise money for a mission trip. His son sells the eggs to members of his church. Council Member Hilliard had spoken to Mr. Rogers and had given him advice on how to keep the smells down and thanked him for working hard to take care of the problem. Council Member Tharp apologized to Mr. Rogers and welcomed his family to Brewster. Council Member Mackey would like to see the ordinance for animals to be taken to committee. Council has copies of different communities ordinances and wants to review them and tweak one to fit our communities needs. He doesn't want to just shoot from the hip. Mr. Rearick is fine with the creation of an ordinance as long as those residents with the those animals prohibited are permitted to keep the number they have at the time the ordinance is passed. He stated that the government is taking away everyone's freedoms and doesn't see an issue as long as the owners keep the pens clean and limed down.
Others in the attendance: Cindy Mackey, Ray Heitger, Brandon Momirov, Dan and Sarah Riggs, Frank and Mary Jones, Samantha Peterson, Tina Akey, Greg and Tabby Momirov, Brett and Maddy Bird, Scott and Diana Stamets, and Ann-Margaret Lambo.
CONSIDERATION OF ORDINANCES:
ORDINANCE 21-2015: An ordinance authorizing modifications of Elected Official Salaries was given third reading.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to pass Ordinance 21-2015 as presented. Council Member Mackey stated he was voting no because he feels a raise needs to be earned. Council Member Hilliard explained that the raise would only affect those that are elected in November and forward. This would mean two Council Members and the Mayor would be increased in January and the Clerk next April. He stated that some people have earned it. Council Member Hawk asked if he was permitted to vote being that it would affect him if he gets elected. He also brought up separating the Mayor and Clerk from the ordinance. Solicitor Anthony stated he was permitted to vote. The Street Improvement Fund and the levy were discussed along with transfers. Council Member Fox felt this was not the right time. Council Member Tharp stated there was never a good time and that some people put a lot of time and energy into their positions and feels that the raise has been earned even though he will never see any of it. He stated that it is a thankless job. The Mayor stated he did not ask for a raise. The vote: Hawk, yes: Hilliard, yes; Mackey, no; Tharp, yes; Fox, no. Ordinance passed.
First Reading: 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).
First Reading: An Ordinance Awarding a Contract with Hilscher Clarke for a Standby Generator for Electric Line Shop Annex (total cost = $ 68,970).
First Reading: An Ordinance Adjusting the Base Wage of Village employees (3% increase on base wage).
First Reading: An Ordinance Authorizing the Adoption of an Employee Sick Leave Donation Program and Adding it to the Employee Handbook.
First Reading: A Resolution approving the 2016 Alternative Tax Budget.
MUNICIPAL DEPARTMENTS:
FIRE DEPARTMENT:Chief Chris Colucy
Chief Colucy provided brochures for a Knox Box for the Wandle House. Creating plans for letting people in the park know where to go in case of tornadoes was discussed.
Chief Colucy discussed the sequence of events that led up to the repair of the Sutphen and the hiring of a grant writer.
Asst. Chief Mohler: FD Received a $ 15,000 grant intended for purchase of LifePak15 ($30,000).
Newspaper article about a grant received by neighboring East Wayne Fire District (Dalton); a SAFER Grant of $648,000 from FEMA which allow them to staff 3 firefighters 24/7 for two years.
Chief Colucy wants to get the numbers together and hold a Town Hall meeting hosted by the Fire Department to explain the need for a Fire Replacement Levy. Council Member Hilliard stated that Clerk King has the figures he needs.
Chief Colucy will be attending a meeting with Tuscarawas Township concerning the Fire/Ambulance Contracts.
POLICE DEPARTMENT: Chief Harry Porter
Chief Porter/Captain Creter Letter: Three candidates for Part Time Officer position – Scott L. Stamets of Navarre, Brandon L. Momirov of Massillon, and Alan D. Swaggard of Akron. Captain Creter and Detective Taylor will be training the officers.
Firearms training & requalification conducted by Captain Creter (newly certified in firearms training) on July 18, 2015; all Officers re-qualified.
VILLAGE SOLICITOR:Attorney John Anthony
The W&LE easement is ready to be filed. Corrections were made and the Clerk provided the check. He is also working with Dwight Neiderkofler on the 69kV Line easements in relation to the transmission line sale.
Council Member Tharp asked for opinions on an Adopt-A-Spot waiver forms and other legalities.
COMMUNICATIONS:
AMP-Partners Letter: In process of providing an alternative financing source for AMP Solar Phase II Project that will provide a significant savings. AMP has extended the deadline to be part of this project to October 6, 2015. Atlas Power has also been in contact with the Village to build a 1.5MW Solar Field. The Village has contacted W&LE to purchase an 8 to 10 acre parcel.
County Auditor has completed triennial valuation; Brewster property taxes will increase an average of 12.7%. Residents will receive mailings from Auditor for their individual properties.
Mayor Schwab received an email from Tim Gardner resigning from the Village Planning Commission and Zoning Board of Appeals.
Council Member Tharp received confirmation from Attorney General Mike DeWine to meet with him concerning working better with local communities.
VILLAGE ADMINISTRATOR: VA Robert Pauley
Administrator’s report for period 07/06/2015 thru 07/20/2015:
- Copy of Chapter 90 for Brewster Code of Ordinances – Animal letters were mailed to 6 residents generally known to be the owner or have charge of cattle, sheep, geese, ducks, turkeys, chickens or other fowl or (farm) animals. Inform residents of council’s consideration of possible changes to Chapter 90 (Ord. 8-1993). Contacted Stark County Extension Office for additional guidelines/references/guidance regarding “urban agriculture” including beekeeping.
- Construction of Bimeler Park pavilion/gazebo by Mt. Hope Fence began. Start delayed due to weather conditions. Issues relating to electrical permit resolved 7/17/2015. Wood Electric is doing the electrical work associated with the pavilion/gazebo project. Public Power had previously removed 1 utility pole for the project. Have asked Wood Electric to look at all power cabinets used for Fireman’s Festival and OktoberFest.
- With Water department technician, mayor and member of council met with Poggemeyer Design Group for necessary information for the various water projects.
- Sweetwater pump station project, next progress meeting scheduled for July 22, 2015.
- Enrolled wastewater technician and street department technician in the OTCO (Operator Training Committee of Ohio) Basic Water correspondence course, 1-year to complete.
- Mosquito fogging (adulticide) continues on Thursday evenings (weather permitting).
- Street Department jetted / cleaned storm drainage catch basins and drain system for Dartmouth St.
- Street department indicates that final inspections for the Recycling Center garage-door project completed.
- Legislation will be needed for project applications (3) to OPWC integrating committee, September 18, 2015 application deadline.
VA Pauley provided Council with the 2015 Game Plan from the utility departments.
VILLAGE MAYOR: Mike Schwab
Zoning Board of Appeals from July 16, 2015: Variances approved for a storage shed to be installed adjacent to R&R Junction General Store and a covered patio adjacent to Brewster Moose Lodge #1102.
Tentative Committee Chair assignments to go along with the new Council Rules.
Six Month Fund Review for Council's information.
A contract for a Water Rate study by RCAP at a cost of $6,000.
Legislation required for OPWC Issue II Grant applications: Council copies of drafts for making applications for Park Drive Improvement Project, Underpass Water Main Replacement Project, and a Water Treatment Plant Upgrades Project. The Mayor is requesting that Council have the legislation created.
Possible modification to Village Animal Legislation – farm animals & number of dogs (Council copy of a sample draft).
VILLAGE CLERK-TREASURER:Kris King
Check register for tonight's meeting provided for Council's signatures.
Codification review is continuing. Mayor is currently working on the zoning portion.
Depository Agreements: Met with PNC and Huntington Bank. Huntington has already submitted an agreement and PNC and FirstMerit are preparing agreements also.
Met with Nancy Brown of Vogley-Muskoff on the village's liability insurance and will be meeting with Tim Ailes of Dawson Insurance on Wednesday morning.
Will be attending an Electric Financial Assessment Workshop at AMP Headquarters in Columbus on Thursday.
Council Member Tharp thanked the Clerk for handling the meeting with Dawson Insurance.
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 from Council of the Whole - Finance Work Session met on July 6th
Council Member Tharp reported on the Economic Development Committee held earlier this evening. A Brewster Business Association was discussed along with the Ohio Checkbook Program, Adopt-A-Spot, and new Village entrance signs.
REMINDER: Utility Committee Work Session: August 3 at 6 pm
Employee Committee Work Session: August 4 at 6 pm
Brewster Garage Sales: August 14 & 15
Insurance Committee Work Session: September 8 at 6 pm
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 MACKEY MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to schedule a Street Committee worksession on Monday, July 27, 2015 at 6:00pm to discuss opening streets and alleys, our procedures for opening streets and alleys, and go over the financials to prioritize projects. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to accept the Mayor, Police Chief, and Police Captain's recommendation to appoint Scott L. Stamets as a probationary Police Officer pending background check, physical, and drug screen. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to accept the Mayor, Police Chief, and Police Captain's recommendation to appoint Brandon L. Momirov as a probationary Police Officer pending background check, physical, and drug screen. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to accept the Mayor, Police Chief, and Police Captain's recommendation to appoint Alan D. Swaggard as a probationary Police Officer pending background check, physical, and drug screen. The vote: All yes.
COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to schedule a Council of the Whole worksession on Monday, July 27, 2015 at 7pm to review Chapter 90 revisions we have to do for the animal ordinance and get it out as soon as possible. The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to have an ordinance prepared amending Chapter 90 based on the draft presented by the Mayor. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to accept Tim Gardner's resignation from the Village Planning Commission and Zoning Board of Appeals. The Mayor and Council Member Hawk spoke of Mr. Gardner's dedication and forethought that he brought to the meetings for over 20 years. He was a valuable asset to the Village. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to prepare a Resolution of Appreciation to Tim Gardner for his service on the Village Planning Commission and Zoning Board of Appeals. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to prepare the necessary legislation for the OPWC Grant application for the Park Drive Improvement Project, the Underpass Water Main Replacement Project, and the Water Treatment Plant Upgrades Project. The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED COUNCIL MEMBER MACKEY and motion carried to purchase a LifePak15 for $30,000 from the EMS Fund with a grant reimbursement of $15,000. The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to give Captain Creter a stipend of $1,000 per year for being a Training Officer. Council Member Tharp asked if Council was sure they wanted to do this after the discussion of the problems associated with the stipends recently. Council Member Hilliard stated this is something he has trained for and been doing and he wants it in the new ordinance. Council Member Mackey stated he wants it to be known that it is subject to change. Mayor Schwab stated everything is subject to change. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to instruct the VA to get quotes for the stone and the equipment for the repairs to the alley between main and East 2nd Street. VA Pauley asked if they wanted Supt. Patterson to be present at the July 27th meeting and Council expressed that they would like him present to answer questions. The vote: All yes.
Council Member Hilliard why the employees from the Electric Department were present for the meeting. VA Pauley stated they had anticipated some questions from a business owner. Council Member Hawk asked if the Village was going to resolve the situation and the VA assured him it was going to be resolved.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to adjourn the meeting at 8:58 p.m.
Respectfully submitted,
K. Kris King, Village Clerk-Treasurer
Mike Schwab, Mayor