June 1, 2015 - Meeting Minutes

MINUTES
BREWSTER VILLAGE COUNCIL
June 1, 2015
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
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/EMPLOYEES PRESENT:

John Anthony, Village Solicitor          Chris Colucy, Fire Chief                    
K. Kris King, Clerk-Treasurer             Rob Pauley, Village Administrator
Harry Porter, Police Chief

 

MINUTES FROM THE MAY 18, 2015 REGULAR COUNCIL MEETING:

Mayor Mike Schwab asked if there were any additions or deletions to the May 18, 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 HILLIARD and motion carried to accept the bills for the amount of $379,433.88.  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.

Andy Codispoti, 250 Sixth St. West, has a neighbor that had seven chickens in a pen behind the house.  The neighbor has more peeps in their storage barn and are adding another pen.  They are starting to smell.  He presented an excerpt from an ordinance that he feels should be amended to protect residents from having to deal such situations in town.  Council Member Godwin had a resident upset last summer because her children were in the backyard swimming and the neighbor slaughtered a chicken.  Council Member Tharp suggested sending the issue to committee.  Mayor Schwab suggested applying the zoning code to the problem.  Solicitor Anthony stated the smell could be considered a nuisance.  He also questioned whether the chickens were for personal use.  Mayor Schwab stated he researched and the City of Canton has the same regulations as the Village for chickens and Alliance prohibits the raising of chickens in city limits.   Council Member Tharp asked about the enforcement of such laws.  Solicitor Anthony stated it would be a misdemeanor that could be sited by the police or zoning officer.  Both Solicitor Anthony and Mayor Schwab stated more research is needed.

GUESTS:

Jay Myers and Brandon Poddani of American Municipal Power (AMP) attended to present the Solar Phase 2 project.   The village also has the opportunity to host a small solar site.  Mayor Schwab asked why AMP has decided to go solar now when it wasn't interested in the past.  It was explained that with today's capacity peaks, the transmission costs, the fixed costs on solar power dropping, and efficiency increasing, it is now economically more feasible.  Financing, Power Sale contracts, Participants Committee, and the Power Supply Portfolio were also discussed.

Others in the attendance: Cindy Mackey, John Barkan, Cheryl Wade, and Ann-Margaret Lambo.

CONSIDERATION OF ORDINANCES:

Second Reading: An ordinance authorizing the modification of General Fund Transfers. 

First Reading: An ordinance authorizing modifications of Elected Official Salaries.  As drafted, the ordinance lacks specific salary numbers.  How the salaries have to be staggered for Council Members was discussed.

MUNICIPAL DEPARTMENTS:

FIRE DEPARTMENT:Chief Chris Colucy

The Firemen's Festival was discussed.  Chief Colucy stated there was two days of rain but otherwise went well.  He stated there was a couple of things that need worked on.  He stated the power panels in the pavilion needs replaced.  He also brought up eliminating Field #1 and putting the gazebo where the baseball field is now.  Mayor Schwab stated it would have to be re-engineered and all new permits would have to be pulled.  He stated to keep in mind that the project has to be completed by December 31st or we lose our grant.  Chief Colucy stated the Fire Department would take care of the restoration for the damage from the festival.

Chief Colucy is losing Captain Mark Murdocco and would like to appoint two lieutenants and hold off on filling the vacant captain’s position until the lieutenants get a little experience at being an officer.  Captain Murdocco gave up the mechanic's position and Chief Colucy wants to recommend Roger Carpenter Jr. to the mechanic's position effective immediately.  It was questioned how the mechanic's stipend was paid.  The Village Clerk-Treasurer advised it was  paid with the monthly fire pay. 

Council Member Godwin asked if the refurbished pumper was back in service yet.  Chief Colucy stated there was more testing and repairs to be completed.

POLICE DEPARTMENT: Chief Harry Porter 

Chief’s Memo: Suggestion – Creation of a stipend for a Department Firearm’s Training Instructor; Capt Creter is now a certified Firearms Training Instructor in hand guns.  Chief Porter wants this stipend set at and the other stipends for the PD to be increased to $1,300 in order to align with the other department's stipends.  Council Member Fox asked what it costs per officer to be qualified in firearms.  Chief Porter stated the only cost is the time for the officer.  Council Member Tharp stated he felt the increase in stipends was reasonable and would like to deal with it at the same time as the employee wage increases are discussed.

FYI: Officer Taylor has researched a COPS Grant thru the US DOJ; would entail hiring a 6th FT Officer with the Village paying 25% of costs in each of the 1st three years & all costs in fourth year & beyond; June 18th deadline; the Mayor asked him to hold for possible future applications.

Chief Porter stated he used part-time officers for the festival in order to cut back on the cost and help the budget.  He thanked Officers Taylor, Keener, Poindexter, Simmons, and Carter for their participation.

VILLAGE SOLICITOR:Attorney John Anthony

Advised – legislation such as the pending “Elected Officials Salaries” should return to first reading once the specific numbers are identified.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD 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 8:35PM.  The vote: All yes.

Council, the Solicitor, HR Consultant John Barkan and the Mayor went into executive session.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to exit executive session at 8:42PM.  The vote: All yes.  Mayor Schwab stated no action was taken.

COMMUNICATIONS:

AMP Partners Hydro Power informational brochure was made available for anyone wishing to view it.

Stark County Council of Governments (SCOG) Minutes from March 3rd; made changes to By Laws; primary task is to fund and operate Stark County Crime Lab.

From Brewster Parke: Christmas in July – Donations welcomed.

VILLAGE ADMINISTRATOR:VA Robert Pauley
Administrator’s report for period 05/15/2015 thru 05/29/2015:

-          Street department reports the Recycle Center Garage Door addition project has passed final electrical inspection, replacement signage ordered, streets department to have concrete pad poured.

-          Severe weather of May 25th (strong winds/heavy rains) evening resulted in emergency removal of 5-split-trunk maple on Lincoln Ave. SW (between 2nd St SW & Main St. SW). With Electric Supt., working on identifying other danger/hazard trees.

-          Third scheduled sweeping is set for June 30th – weather permitting.

-          Consumer Confidence Report (water system) – OEPA required – will be included in July Utility bill mailing.

-          Sweetwater pump station project, next progress meeting scheduled for June 17, 2015. Prime contractor submitted summary of change orders, three change orders rejected for insufficient substantiation / project extensions requests.

-          AMP representative to present Solar Phase 2 project to Council on this project.

-          Project estimates for underpass & micro-surfacing projects distributed.

-          Frontier Gazebo (Mt Hope Fence) indicating latter part of June to begin the Bimeler Park Pavilion/gazebo project construction. Support will be needed from the street department and the electric department for this construction project. Issued Zoning Certificate to Village (accessory building – pavilion – Bimeler Park) so Stark County Building Department would issue building permit.

-          Property Maintenance (including grass/weed/litter) in full swing. Currently investigating/follow-up on 20 complaints.

Council Member Godwin asked where the VA was with the striping of the parking spaces on Wabash.  VA Pauley stated he was waiting on the cost of purchasing a striper and the paint from the Street Superintendent.

Council Member Tharp brought up the hiring of an outside company to mow and do maintenance on abandoned/nuisance properties.  He stated he wanted to keep the costs as low as possible.  The assessment process for these properties was discussed.

Council Member Hilliard stated he believes there is a water leak at Seventh and McKinley.  Council Member Godwin would also like to see a "Handicap Only" sign put on the new swing.  The kids are tearing it up.

Council Member Mackey asked where we were with the GIS Project.  VA Pauley stated he is waiting for the kick-off date from Sherri Loos of RCAP.

Council Member Tharp brought up mosquito spraying.  He stated that Franklin County has had a positive test for West Nile Virus and residents are concerned.  VA Pauley stated that we will be fogging for adulticide control and  for larvaecide control for the mosquitoes.  Contracting with the county was explored but it is seventy-five cents cheaper per mile to have the Village employees do it.

Council Member Fox stated the ditch that runs parallel to Mohican Street needs cleaned out again.  There is standing water lying in it.

Council Member Hilliard asked what kind of action is needed to move forward for the underpass waterline.  VA Pauley provided three quotes.  Council Member Tharp asked about current loans.  Council Member Mackey questioned what Council has been doing about our rates over the years that we cannot afford infrastructure improvements.  Council Member Tharp stated we are faced with the decisions now and the reality is that Council is here for what's ahead not what happened in the past.  Council Mackey went on to talk about how there should have been small increases over the years so as not to hit the residents with a big one in order to keep the system running efficiently.  Council Member Fox gave the history of the water rates.  Council Member Tharp asked that the VA talk to Superintendent Pepper and the Clerk come up with a recommendation within the current rate structure.

VILLAGE MAYOR: Mike Schwab

Equal Employment Opportunity (EEO) & Diversity Training on June 3 at 10 am – mandatory for all Full Time & Part Time employees w/exception of FD; FD at later date; conducted by John Barkan; Council is invited to attend on Wednesday.

Mt Eaton Bulk Water Supply proposal by Engineering Associates; advised Lynn Snyder of EA by email that no decision has been made to date and he will advise of any decision made by Council.  Council Member Mackey doesn’t understand why we would not supply them with water.  Council Member Fox suggested coming up with the questions that need answered in order to make a responsible decision and see if they can get answered.

Mayor Schwab is requesting that an Economic Development Committee meet to discuss a game plan for Business Association Proposal; He has reached out to Heather Hockensmith of Geis Graphics to participate as our local professional and has invited her to attend the committee meeting. 

The Fire Department is completing the Standard Operating Guidelines (SOG’s).  Mayor Schwab would like to form a special committee to review them. He has invited Council Member Mackey and Council Member Fox to join Chief Colucy, Fire Department members appointed by Chief Colucy, and himself to be the committee.

VILLAGE CLERK-TREASURER:Kris King

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

May Financial Statements were distributed to Council mailboxes.

Software update for the budgetary program.  One-time $1,000 cost.

Public Records Request:  William Walker will be in to inspect records on Tuesday, June 2nd at 9am and is bringing a thumb drive for additional information.

I will be at OAPT training a couple days next week.

I took the Fire Levy Ballot information to the Board of Elections last week.  It will be on the November 3, 2015 general election ballot.

I've started on the codification review from American Legal.  This is going to be a time-consuming project and has to be complete by June 26, 2015.

Depository Agreements will be expiring and Requests For Proposal's (RFP) will need prepared this month.  The service charges at Huntington Bank continue to climb and a new bank may need to be utilized.

Records retention meeting: No changes are being made to the retention schedule but I plan to contact the MRDD for disposal in the future as time permits.      

Council passed the increase in the uniform allowance for the Police Department.  When does the increase take effect?  Do you want the amount prorated for 2015 or increase the full amount?  Council Member Tharp would like a chance to review the ordinance before making any decisions.

"VILLAGE SPEAKS"

Council Member Tharp reported to Chief Porter that a group of teens were harassing a woman walking through the park on her way home from work.  Council Member Tharp told her to call the police if it happens again.

Council Member Tharp stated complaints continue on the speeding vehicles coming out of the nursing home area.  He spoke with the owner and it was determined that it was not employees because it wasn’t at shift change times.  “Slow Children at Play” were mentioned.

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

Council of the Whole Work Session Minutes from May 18, 2015.

Council Member Mackey reported on a Council of the Whole Work Session held tonight.  He stated it was a constructive meeting concerning the completion of the remodeling of Village Hall, updating the furniture, adding an audio/video system, and an electronic message board out front.  Council Member Mackey recapped that it was agreed to include in the 2016 budget the purchase of the electronic message board in early 2016 and purchase the materials and finish the chair rail for Council chambers, complete the hallway and material for an ordinance book shelf for the Clerk's Office.  It was also agreed that the Clerk-Treasurer will contact a local craftsman to get a price on constructing the new council table, and will provide prices for chairs for the council area and will contact a consultant for recommendations for a new A/V / smartboard / whiteboard display for the Council meeting room.

Freeman Miller of 253 Main Street West is asking for the Village to look into a way to prevent the runoff in the alley behind his house from running in his back door.  Rain runoff, sump pump and pool draining’s all run into his house.

Council Member Godwin reported issues at 814 Harriman where neighbors have issues with a fence, trash being left out and raccoons getting in it.

Council Member Tharp stated there was a large couch sitting in front of a house on West Main.

REMINDER:            Council of the Whole Work Session – Council Rules – Monday, June 8 at 6 pm - canceled

                        Park & Grounds Work Session – June 18 at 6:30 pm

                        Council of the Whole - Finance Work Session - July 6 at 6 pm

                        Brewster Garage Sales - August 14 & 15

PROPOSALS PENDING:

1.         From Councilman Mackey – Update of Council Rules

2.         From Council: Review of Employee Wage/Structure pending Consultant John Barkan’s work

3.         From Councilman Hilliard: Review of Village Official Salaries

4          From Mayor: Formulation of a plan and protocol for use of the Sidewalk    Repair/Replacement Fund

5.         From Economic Development Committee: The creation of a Brewster Business Association

6.         From Clerk, VA, Mayor: RCAP proposal for a GIS Project in the Village Utilities

7.         From Mayor – Engineering for Utility Projects (Underpass water main replacement, McKinley Pole Line, water plant capacity review, etc)

8.         From Mayor – In-house review of Water Rates to position utility for future infrastructure needs

9.         From Chief Porter - F.T. Police Officer Cell Phone reimbursements

10.       From Mayor: Materials to complete Village Hall remodel.  Total for all items = $ 870.00

11.       From Councilman Mackey: Purchase Council Chambers table, chairs, and monitor as well as an electronic message board for Village Hall sign

12.       From Chief Colucy: Use of siren only as a tornado warning & electronics to put traffic signals on red

13.       From Mayor: Removal of 12 foot pipe swing from Bimeler Park

 

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 reschedule a Council of the Whole worksession originally scheduled for June 8th at 6pm to June 22nd at 6pm to finish the Rules of Council.  The vote: All yes.

Council Member Hilliard reminded everyone of the June 15th Finance Committee work session at 6pm.  He asked that everyone be ready for it.

COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to schedule an Employee Committee work session to discuss Fire Department issues and the Police Department cell phone reimbursements for June 29th at 6pm. The vote: All yes.

COUNCIL MEMBER HAWK MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to schedule an Economic Development meeting on July 20th at 6pm and invite Heather Hockensmith.  The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to schedule an Insurance Committee work session on September 8th at 6pm since this is a bidding year. The vote: All yes.

Council Member Tharp stated he felt too little time has been allowed for Council to make a decision concerning becoming a part of AMP’s Solar Phase II Project.  He needs to learn more about it.  VA Pauley stated that the Village would probably be allowed extra time to consider the project and he would try to get another AMP representative up to explain further. 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to adjourn the meeting at 9:46 p.m.

Respectfully submitted,

K. Kris King, Village Clerk-Treasurer 

Mike Schwab, Mayor