January 19, 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:
Mike Schwab, Mayor
Dale Fox, Council Member Dave Godwin, Council Member
Chuck Hawk, Council Member Tom Hilliard, Council Member
Paul Mackey, Council Member Steven Tharp, Jr., Council Member
VILLAGE OFFICIALS PRESENT:
John Anthony, Village Solicitor Rob Pauley, Village Administrator
K. Kris King, Clerk-Treasurer
EMPLOYEES:
Chris Colucy, Fire Chief Harry Porter, Police Chief
MINUTES FROM THE JANUARY 5, 2015 REGULAR COUNCIL MEETING:
Mayor Mike Schwab asked if there were any additions or deletions to the January 5, 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 HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to accept the bills for the amount of $ 795473.73. 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.
No one wished to speak.
Others in the attendance: Linda Taylor, Cindy Mackey, John Barkan, and Ann-Margaret Lambo.
CONSIDERATION OF ORDINANCES:
RESOLUTION 05-2015: A Resolution amending Resolution 45-2014 per State Auditor - Creation of a Sidewalk Improvement Fund was given third reading.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to pass Resolution 05-2015 as presented. The vote: All yes.
ORDINANCE 06-2015: An Ordinance authorizing an addendum to the current contract to provide an additional year of fire & ambulance services to Tuscarawas Township (lapsed on 12/31/2014) and declaring an emergency was given first reading.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to suspend the rule requiring three separate readings and bring Ordinance 06-2015 forward for passage. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to pass Ordinance 06-2015 as presented. The vote: All yes.
ORDINANCE 07-2015: An Ordinance authorizing a two year contract for fire and ambulance services to Sugarcreek Township (lapses on 02/21/15) and declaring an emergency was given first reading.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to suspend the rule requiring three separate readings and bring Ordinance 07-2015 forward for passage. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to pass Ordinance 07-2015 as presented. The vote: All yes.
ORDINANCE 08-2015: An Ordinance authorizing the advertisement and sale of an electric pole line and easement and declaring an emergency was given first reading.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to suspend the rule requiring three separate readings and bring Ordinance 08-2015 forward for passage. The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to pass Ordinance 08-2015 as presented. The vote: All yes.
First Reading: An ordinance modifying the compensation of the mechanic position in the Village Fire Department.
First Reading: An ordinance authorizing the Permanent Appropriations for 2015.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to have an ordinance drawn up authorizing the Village Administrator to advertise for bids for generators for power generation for the Harmon Substation changeover. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to have an ordinance drawn up authorizing the Village Administrator to award the bid to the lowest and best bid or lowest and most responsive. Council Member Hawk wants to make sure that the contractor awarded the bid is credible. VA Pauley stated that is why it is not only the lowest but also the best. The Village also has the right to reject any and all bids provided as outlined in the bid package. The vote: All yes.
MUNICIPAL DEPARTMENTS:
FIRE DEPARTMENT: Chief Chris Colucy
The Fire Department will receive an additional $ 8,385 from Sugarcreek Twp under the current Fire/Ambulance contract as tax proceeds exceeded estimates.
Chief Colucy is recommending the appointment of Jacki Hickman to the Brewster Volunteer Fire Department pending drug screen, physical, and background check.
Sutphen Co. will take pictures of Unit #154 for an estimate on refurbishing it when they come down to do some repairs. A new pumper would cost $ 475,000 to $ 550,000. Navarre Fire Department just paid $ 477,000 for one. Bethlehem Township Fire Department recently paid over $ 320,000 to be in compliance with their equipment.
POLICE DEPARTMENT: Chief Harry Porter
New Part Time/In Training Officers Jason M. Babal, Jordan Carter, Kylee M. Simmons, & Derrick R. Spangler have begun riding with Full Time Officers.
D.A.R.E. program will be at Fairless Elementary on Fridays from 02/20 thru 05/22. Sergeant Rossiter will be the instructor.
Monthly Statement to Council - $ 336.75 in Fines, Copies, and so forth. Council was provided a copy.
Officer Truman participated in Career Day at the middle school.
Council Member Hilliard requested an officer be present for the Neighborhood Watch meeting on February 17th at 6:30pm at Village Hall.
Council Member Hilliard asked if the Village was still selling cruiser #2 to Beach City for a dollar. Council Member Godwin stated it was important to help our neighboring communities when we can. Chief Porter stated he had spoken to the Beach City Chief and he was considering it or another car he found that didn't need the motor replaced.
Chief Porter reported on the Facebook announcement that pets were being slaughtered in the area. He stated someone skinned out a coyote and dumped the carcass along the road in Navarre and the Facebook comments have it blown way out of proportion.
VILLAGE SOLICITOR:Attorney John Anthony
Attorney Anthony cited the Sunshine Law concerning videotaping council meeting. "Although Ohio Revised Code 121.22 does not specifically address the question of video and audio recordings, the 2014 Edition of the Yellow Book (Ohio Sunshine Laws) published by the Ohio Attorney General which sets forth the Attorney General's interpretation of the Ohio Open Meeting laws states as follows:
"A public body cannot prohibit the public from audio or video recording a public meeting. A public body may, however, establish reasonable rules regulating the use of recording equipment, such as requiring equipment to be silent, unobtrusive, self-contained, and self-powered to limit interference with the ability of others to hear, see, and participate in the meeting."
The Ohio Attorney General Opinion cited stands for the proposition that reasonable rules for the use of recording equipment at meeting may be adopted by the public body." There has been no ruling of the Supreme Court up to this point.
Attorney Anthony reported that the Supreme Court accepted an appeal on the breach of contract in the matters of the AMP/Bechtel case.
COMMUNICATIONS:
Stark RPC letter: Tax Incentive Review Council Appointments – Councilmen Godwin & Tharp currently listed; both Council Members agreed to continue in the positions.
A letter from Bob Gessner/MCTV: Cable TV rate increases.
VILLAGE ADMINISTRATOR:VA Robert Pauley
Administrator’s report for period 01/03/2015 thru 01/19/2015:
- With GPD representative, Dwight Niederkrofler, representatives from Electric Department, Mayor & council representative met with large power and critical customers regarding load shedding / minimum power needs for the FE Harmon Substation changeover. Follow-up meeting with the same customers is set for January 28th at 9:00 am to further review their needs.
- I would suggest that a Utility Committee work session be considered for February 2nd to finalize Harmon Substation cutover issues.
- Dwight Niederkrofler will provide council update at the Utility Committee work session, currently scheduled for January 19th at 6:00 p.m. If council consensus is not able to be achieved at the January 19th Utility Committee work session, I would suggest that a Utility Committee work session be considered for February 2nd to finalize Harmon Substation cutover issues.
- Wastewater department working with resident on 2nd St SW for repair of collapsed lateral chimney / sinkhole.
- Sweetwater pump station project, next progress meeting scheduled for February 19th.
- With Clerk-Treasurer and Mayor, reviewing departmental budget requests for FY 2015
- Reminder – the winter snow parking ban is in effect when snow depth is 3” or more. No on-street parking at that time.
VILLAGE MAYOR: Mike Schwab
State of the Village Report – Part One: Water, Wastewater, Electric, and Streets as well as Parks, Grounds, Lands, Buildings, Recreation, and Current Quarterly Transfers from General Fund.
State of the Village Report – Part Two will be on February 2nd.
Council Letter of Appreciation to Attitudes by Design (Amy Angel); Council letter of Appreciation to the Brewster Barber Shop (Susie Hostetler); both need Council signatures.
Council copies of Council Committees 2015 and Council Rules 2015 provided.
Council Member Hilliard asked that Superintendent Patterson get quotes for a mower for the parks.
VILLAGE CLERK-TREASURER:Kris King
Check register for tonight's meeting provided for Council's signatures.
The 2014 Financial Report has been completed and will be reported online as soon as the Auditor determines what portions are needed.
W-2's have been completed and distributed. Other annual payroll reports and payments are still being processed.
The Annual Certificate of Total Amounts Available is due on January 31st to the County Auditor.
Meetings are continuing with Village Superintendents for budgeting in 2015.
Project paperwork and payment submittals for the Sweetwater Pump Station Project continue. The Village has accrued almost two million of the five point one million dollars expected.
Looking into the effect of the AMPGS payment on our AMP Covenant. Clerk expressed concerns over the fact that it has to be considered an operation and maintenance expense and not debt service.
VILLAGE SPEAKS: Communications to Council Members from Village residents
Nothing to report.
COMMITTEES or COUNCIL REPORTS:
*NOTE: 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 Street & Sidewalk Committee Work Session on 01/05.
Utility Committee Work session this evening: FirstEnergy Harmon Substation changeover.
Fire Dependency Board is required to meet prior to January 31st.
Council copy of 2015 Committee Assignments.
REMINDER: Park & Grounds Work Session on 02/03/2015 at 6 pm
Council of the Whole Work Session 02/16/2015 at 6 pm
PROPOSALS PENDING:
From Mayor: Formulation of a plan and protocol for use of the Sidewalk Repair/Replacement Fund.
From Economic Development Committee: The creation of a Brewster Business Association.
From Mayor: Info from Wichert Insurance concerning coverage during events on Village grounds.
From VA & Mayor: RCAP proposal for a GIS Project in the Village Utilities; additional proposal being reviewed by the Village Administrator.
From VA: FE Harmon Substation Changeover Procedures and scheduled Electric Outage.
From FD Chief & Mayor – Creation of a nonpaying Lieutenant position in FD.
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 cancel the Parks & Grounds work session on February 2, 2015 at 6 pm and reschedule it for March 2, 2015 at 6 pm. The vote: All yes.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to hold a Utility Committee work session on February 2, 2015 at 6 pm to review additional information for the Harmon Substation changeover. The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to appoint Jacki Hickman to the Fire Department pending a physical, drug screen, and background check. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to draw up a Resolution of Necessity for the Renewal of the 4 mil Fire Levy for 2016-2020 and requesting that the County Auditor certify tax valuations and revenue. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to draw up a Resolution to submit a ballot issue for the Renewal of a 4 mil Fire Levy for 2016-2020 to the voters for the November 3, 2015 election. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX to restore all Sergeant Rossiter's sick, vacation, and personal time used following the paid administrative leave. Council Member Mackey asked Solicitor Anthony to consult on the motion. Attorney Anthony stated he had no details on the case and would have to consult with Attorney Tsholl. Council Member Tharp , with the concurrence of Council Member Fox, asked to have the motion withdrawn. Motion withdrawn.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to remove #18 of the 2015 Council Rules that stated "For security reasons, the photographing or video-taping by the public of Council or Council Committee meetings is prohibited." The vote: All yes.
Council Member Hilliard asked about the following pending proposal listed above: From Mayor: Info: from Wichert Insurance concerning coverage during events on Village grounds. Mayor Schwab stated copies of the information had been distributed at a previous council meeting.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN to draw up an ordinance creating a non-paid position of Lieutenant in the Fire Department. Council Member Mackey stated that he was waiting for direction from John Barkan of Barkan and Associates to make a recommendation as to the structure of the Fire Department. Chief Colucy discussed past practices and what the structure he would like to see within the department. Council Member Tharp , with the concurrence of Council Member Godwin, asked to have the motion withdrawn awaiting Mr. Barkan's recommendation. Motion withdrawn.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to adjourn the meeting at 8:38pm.
Respectfully submitted,
_____________________________________
K. Kris King, Village Clerk-Treasurer
____________________________________
Mike Schwab, Mayor