January 5, 2015 - Meeting Minutes

MINUTES
BREWSTER VILLAGE COUNCIL
January 5, 2015
7:00 P.M.

 

Brewster Village Council met in regular session with Mayor Mike Schwab presiding.

At 6:55 pm prior to the Meeting’s start an Oath of Office for Village Solicitor

John Anthony was administered by Mayor Michael Schwab and notarized by Village Clerk - Treasurer Kris King.                                                                                           

7:00 P.M. – CALL TO ORDER

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to excuse Council Member Godwin from tonight's meeting.  The vote: All yes.

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                 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:

Roger Carpenter, Paramedic               Chris Colucy, Fire Captain                 

Keith Creter, Police Captain               Mark Murdocco, Fire Captain                       

Harry Porter, Police Chief

MINUTES FROM THE DECEMBER 15, 2014 REGULAR COUNCIL MEETING:

Mayor Mike Schwab asked if there were any additions or deletions to the December 15, 2014 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 MACKEY and motion carried to accept the bills for the amount of $ 1,815,070.95.  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.

Others in the attendance: Ray Heitger, Linda Taylor, Kylee Simmons, Christy Cappelli, Alyson Conner, Brittani Zeigler, Jordan Carter, Derick Spangler, Jason Babal, Stephanie Babal, Donna Fortner, Mary Prado, Jennifer Babal, Tammy Spangler, Ray Spangler, Marjorie Johnson, Jacqueline Johnson, Vicki Burns, Ed Burns, Carter Colucy, Vicki Colucy, and Ann-Margaret Lambo.

PRESENTATION OF GUESTS:

John Barkan of Barkan and Associates, a Human Resource Consultant hired by Council to provide job descriptions and a compensation plan for village employees reported on the status of the project.  He will be starting with the Fire and Police Departments because their schedules are the hardest to work around.  He will be meeting with each individual over the next couple of weeks.  He will provide an informational questionnaire for employees which will help with the development of the compensation plan.  He stressed that the employee meeting discussions will be held strictly confidential.

ELECTION OF PRESIDENT PRO TEM OF COUNCIL:

Mayor opened nominations for position: Hilliard nominated Mackey.  Council Member Mackey accepted the nomination.  There were no other nominations.

Mayor closed nominations.

Voice Vote: All yes.

Mayor congratulated 2015 President Pro Tem Council Member Mackey.

CONSIDERATION OF ORDINANCES:

RESOLUTION 01-2015: 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 was given third reading.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried pass Resolution 01-2015 as presented.  The vote: All yes.

RESOLUTION 02-2015: Resolution to submit a ballot issue for the Renewal of a 4 mil Fire Levy for 2016-2020 to the voters for the May 5, 2015 election was given third reading.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to pass Resolution 02-2015 as presented.  The vote: All yes.

Second Reading: Amend Resolution 45-2014 – Creation of a Sidewalk Improvement Fund.

RESOLUTION 03-2015: Resolution of Appreciation for Attorney Alfred McCallin was given first reading.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to pass Resolution 03-2015 as presented.  The vote: All yes.

RESOLUTION 04-2015: Resolution of Recognition to Fairless Student/Athlete Carter Casperd was given first reading.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to pass Resolution 04-2015 as presented.  The vote: All yes.                                                

MUNICIPAL DEPARTMENTS:

FIRE DEPARTMENT:  Chief Chris Colucy

An Oath of Office for new Fire Chief Chris Colucy was administered by Mayor Michael Schwab and notarized by Village Clerk - Treasurer Kris King.  A similar Oath was administered and notarized in like fashion for new Assistant Fire Chief Jennifer Mohler at 9 am Monday morning.

Chief & Mayor request: That Council create a non-paying Lieutenant position in FD & consider restructuring the pay scale for the FD Mechanic position (annual stipend rather than hourly pay).

Suggest that Council have two ordinances under emergency for the January 19th meeting prepared to renew Fire Contracts with Tuscarawas and  Sugarcreek Townships (Tuscarawas Township lapsed 12/31/14 and desires to extend the current contract for one year; Sugarcreek Township lapses on 02/21/15 and they have submitted a new 2 year contract); Mayor Schwab respectfully requests Council to approve by motion tonight to honor current Tuscarawas Township contract until legislation is approved.

State Fire Marshal Grant is due at the end of the month.  Chief is applying for 11 sets of turnout gear.  The gear will cost approximately $ 1,600 each.

Unit #158 had the ladder arm and handle damaged.  The cost is $ 440.88 for repairs by Sutphen Corp.

Unit #151 was purchased in 1993.  It is in need of $ 857.33 in repairs.  Chief Colucy was asked if he wished to have it refurbished or replaced in the near future.  He stated there are other issues that will need to be addressed but he has been told with the repairs requested, it should hold up a another year.  The Chief asked the Clerk when the loan for Unit #158 would be paid off.  Clerk King reported there is one more payment due in February 2016.  

POLICE DEPARTMENT: Chief Harry Porter

Chief & Mayor introduced and recommended four candidates for Village Part-Time Officer positions: Jason M. Babal, Jordan Carter, Kylee M. Simmons, and Derick R. Spangler.  Council was provided with a copy of the letter stating such.  Captain Creter reported on the extensive interview process and the training process that will follow before each officer will be allowed to ride alone.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to appoint Jason M. Babal as a part time police officer pending the completion of the training program.  The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to appoint Jordan Carter as a part time police officer pending the completion of the training program.  The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to appoint Kylee M. Simmons as a part time police officer pending the completion of the training program.  The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to appoint Derick R. Spangler as a part time police officer pending the completion of the training program.  The vote: All yes.

Oaths of Office for new Part Time Officers was administered by Mayor Michael Schwab and notarized by Village Clerk - Treasurer Kris King for the following:  Jason M. Babal, Jordan Carter, Kylee M. Simmons, and Derick R. Spangler.                

Captain Creter reported that Car #2 is in need of repairs that would make it cost more to keep than it is worth.  It is not used enough.  Mayor Schwab suggested offering it to Beach City for $1as they have expressed a need for a new used cruiser, making sure that they are advised of the cruiser’s mechanical issues that need to be resolved.  Chief Porter stated it would then not need to be stripped of the lights, cage, etc. Beach City has been advertising that they need a new used cruiser.

VILLAGE SOLICITOR: Attorney John Anthony

Meeting # 1 in Attorney John Anthony’s distinguished career as Brewster Village Solicitor.  Mayor Schwab read some of Atty. Anthony's accomplishments.

Council Member Mackey asked Solicitor Anthony what he sees as his role as village solicitor in Brewster.  Solicitor Anthony stated he considered himself a legal adviser.  He would be listening to Council discussions and decisions and advising only when there are questions or legal ramifications from actions taken by council.

Council Member Hilliard stated the Solicitor McCallin was often excused after his section of the agenda was completed and that Solicitor Anthony was welcome to continue this practice.  Solicitor Anthony stated that he appreciated that but plans to stay for entire meetings.  He stated he feels that is part of his obligation for his compensation.  Council Member Hawk stated that he appreciated his dedication. 

COMMUNICATIONS:

Ohio Auditor Dave Yost: Save the date of 04/01 to attend the Local Government Officials’ Conference.

Council Member Tharp stated he has extended an invitation to Senator Frank LaRose to attend a meeting and that he may come to the next meeting.

VILLAGE ADMINISTRATOR:VA Robert Pauley

Administrator’s report for period 12/13/2014 thru 01/02/2015:

-          GPD representative, Dwight Niederkofler, sent preliminary emails to large power and critical customers regarding load shedding / minimum power needs for the FE Harmon Substation changeover. Dwight Niederkofler and I continue to have discussions with those customers. Update at next Utility Committee work session, currently scheduled for January 19th at 6:00 p.m.

-          Watermain break on 7th St repaired with assistance from all departments.

-          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 January 15th.

-          Reminder curbside Christmas tree pickup will be January 5, 2015 thru January 16, 2015 or dropped off at the yard-waste drop-off area at the Street garage. Residents should remove ornaments & lighting strings from the trees.

-          Reminder – the winter snow parking ban is in effect when snow depth is 3” or more. No on-street parking at that time.

2014 Recap:            44 Property Maintenance / Weed & Litter / Zoning complaints investigated; resulting in 11 Weed & Litter letters/citations, 8 Property Maintenance letters/citations, 1 Zoning Compliance citation.  On-going into 2015 2-Weed & Litter (properties in probate), 1-Property Maintenance (mortgage forfeiture), 1-Obstruction Within Right-Of-Way.

            5 Water mains breaks repaired.

            19 Zoning Certificates issued.

Council Member Hilliard asked if Council would have a better idea of what is going on with the Harmon substation changeover after the January 19th meeting with GPD.  VA Pauley stated the large power users in the Village have been asked to get back to him with suggestions and concerns.  It was also stated that there was a 90 day lead time for the portable generators.

VILLAGE MAYOR: Mike Schwab

Mayor Schwab had requested information from Wichert Insurance concerning coverage during events on Village grounds. Council was provided a copy.

2015 Council Committee assignments: Council received a copy of a suggested 2015 list.

2015 Council Rules Review:  Council received a copy of current 2014 Council Rules. Councilman Mackey has been researching updating and expanding Council Rules.

2015 State of the Village report will be read at the January 19th meeting to allow time to review final numbers from 2014.

VA Pauley and Mayor hope to provide a Village Facebook page in the near future; intended for informational purposes only; also VA & Mayor working with the Clerk on Website upgrade including online payments for utility customers.

The Walker litigation before Judge Farmer is scheduled for week of March 16th; this will be preceded by the Walker mediation set by Judge Farmer on February 2nd.

VILLAGE CLERK-TREASURER: Kris King

Check register for tonight's meeting provided for Council's signatures.

Final financial and year to date reports provided.

Christmas Lighting contest results:

            1st       -           Mike Compan
            2nd      -           Dave Sullivan - Donated his winnings to the Fairless Food Cupboard
            3rd       -           Harris Family and Debra Remenaric
 

Fire pay for December = $4,910.80.

The Appropriation Ordinance for 2015 needs prepared.

VILLAGE SPEAKS: Communications to Council Members from Village residents

Council Member Tharp had a resident that wished to thank the Electric Department for fixing their street light.

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.

Street & Sidewalk Committee Work Session met tonight at 6 pm.  Council Member Hilliard reported that sidewalks and streets, cutting raised sidewalk slabs, street sealing, and future projects were discussed.

Minutes from 12/15 Records Retention Commission Meeting

Minutes from 12/15 Utility Committee Work session

Letter of Appreciation to former Fire Chief Rick Patterson (needs Council’s signatures)

Fire Dependency Board is required to meet prior to January 31st

REMINDER:                        Utility Committee Work Session on 01/19/15 at 6 pm

                                    Park & Grounds Work Session on 02/03/2015 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: For review in 2015: draft legislation for general operation of Village utilities and regulations for the operations of each of the three utilities.

Fire Chief: Renewal of Tuscarawas and Sugarcreek Townships Fire Contracts; it will take separate ordinances.

From Village Clerk: Requests that Council advise her of any significant expenditure plans in 2015 Budget.

From VA & Mayor: RCAP proposal for a GIS Project in the Village Utilities.

From VA: FE Harmon Substation Changeover Procedures and scheduled Electric Outage.

OLD or NEW BUSINESS:(Council Rules dictate a one meeting review period for expenditures, unless deemed an emergency)     

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to have legislation drawn up for the 2015 permanent appropriations.  The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to pay the fireman for December at a cost of $4,910.80 from the Fire Equipment Fund.  The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to adopt the Mayor's recommended 2015 committee assignments.  The vote: All yes.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to readopt the 2014 Council Rules as the 2015 Council Rules with the addition of no video taping as recommended by previous Solicitor McCallin for security reasons.

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to amend the motion to also include taking pictures.  Council Member Tharp had a slight concern of the perspective of residents.  He thinks it is an over reaction.  VA Pauley stated that the meetings are open to the public.  Council Member Mackey stated that he was present when a resident threatened the life of the mayor.  He stated that goofy things have and can happen in Brewster.  The vote: All yes. 

The vote on the original motion with the amendment: Mackey, yes; Tharp, no; Fox, yes; Hawk, yes; Hilliard, yes.  Motion passed.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX to create an ordinance amending Ordinance 30-2014 to include a mechanic's salary for the Fire Department at $750/year to be paid in monthly increments.  Council Member Mackey would like to hold off until he can see the new structure of the Fire Department.  He doesn't want to see positions pieced together.  The vote: All yes.  Motion passed.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX to draw up an ordinance creating a non-paid Lieutenant's position in the Fire Department.  Council Member Mackey reiterated his feelings on waiting until the new wage and employee structure is presented by John Barkan.  The vote: Mackey, no; Tharp, yes; Fox, yes; Hawk, no; Hilliard, no.  Motion failed.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to draw up an ordinance renewing the Tuscarawas Township Fire/Ambulance Contract under emergency for one year.  The negotiation process was discussed along with fire districts.  The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to draw up an ordinance accepting a two-year contract with Sugarcreek Township for Fire/Ambulance services under emergency.  The vote: All yes.

COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to schedule a Council of the Whole work session on February 16th at 6:00 pm to discuss new council rules.  Council Member Mackey is requesting all members that have reviewed the Village of Glendale Ohio's council rules attend this work session.  The vote: All yes.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to schedule a Neighborhood Watch meeting on February 17th at 6:30 pm.  Council Member Hilliard stated a gentleman for the north side is interested in taking over the leadership of this program.  The vote: All yes.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to adjourn the meeting at 8:53pm.

 Respectfully submitted,

 K. Kris King, Village Clerk-Treasurer

 Mike Schwab, Mayor