July 6, 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.
The Mayor informed Council that Council Member Godwin would be arriving late.
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/EMPLOYEES PRESENT:
John Anthony, Village Solicitor K. Kris King, Clerk-Treasurer
VILLAGE EMPLOYEES PRESENT:
Ryan Swan, Electric Lineman
MINUTES FROM THE JUNE 15, 2015 REGULAR COUNCIL MEETING:
Mayor Mike Schwab asked if there were any additions or deletions to the June 15, 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 FOX and motion carried to accept the bills for the amount of $679,342.69. 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.
Bryan and Stacey Jewell, 230 6th Street SW, have neighbors behind them that are raising chickens. They recently noticed some expansion on the pen and are concerned about how big their operation is going to get. They recently had a child’s birthday party and could not hold it in the backyard due to the piercing odors coming across the alley. Council has been provided with a sample ordinance for the raising of chickens in the Village. Solicitor Anthony stated some municipalities have registration for animals. Mayor Schwab stated if they are selling the chickens or eggs then it becomes a zoning issue. Council Member Hawk stated this is often hard to prove. Council Member Hilliard asked if the Jewell's had spoken to the neighbors and they had not. Council Member Hilliard was going to stop by and talk to them. Mrs. Jewell stated that when she moved into town she didn’t expect to be living next to a chicken farm.
Chester Shepler, 512 Harmon St. NE, requested Council pass the resolution that allows the release of funds from the Fire Loss/Demolition Fund. Mayor Schwab asked if he was happy with the clearing of the property. Mr. Shepler stated Mr. Ziegler did a very nice job.
Council Member Godwin arrived at 7:14pm.
Andy Codispoti, 250 6th St. SW, asked if Council was sure that nothing could be done about the chickens behind his home. He passed out pictures taken from his backyard. It was stated that the odor from the pens could become a nuisance issue that is citable. Council Member Godwin stated that he had attended the birthday party at the Jewell’s which had to be held in the garage because of the smell in the backyard by the pool.
Ray Heitger, 317 7th St. SE, asked if Council was going to do a Grand Opening celebration for the new gazebo or if they wanted the Recreation Board to plan it. He stated it would be great to have bands in the summer and asked if they were going to put blacktop down for dancing. Council Member Tharp stated Council wanted the Recreation Board to make the plans then let Council know what they wanted to do.
Others in the attendance: Cindy Mackey, John Barkan, and Ann-Margaret Lambo.
CONSIDERATION OF ORDINANCES:
Second Reading: An ordinance authorizing modifications of Elected Official Salaries.
RESOLUTION 19-2015: A Resolution Amending and Appropriating $20,000 for the Fire Loss/Demolition Fund and Declaring an Emergency was given first reading.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to suspend the rule requiring three separate readings and bring the resolution forward for passage. Council Member Fox stated the contractor did a nice job of clearing the rubble and leveling the surface. The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to pass Resolution 19-2015 as presented. The vote: All yes.
ORDINANCE 20-2015: An Ordinance Approving Contract Change Orders to Kenmore Construction for the Sweetwater Pump Station Project and Declaring an Emergency was given first reading.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to suspend the rule requiring three separate readings and bring the resolution forward for passage. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to pass Ordinance 20-2015 as presented. The vote: All yes.
MUNICIPAL DEPARTMENTS:
FIRE DEPARTMENT:Chief Chris Colucy(absent)
Chief Colucy provided Council with a draft of the Fire Lieutenant's job description.
Chief Colucy provided a letter recommending a Captain and two, non-paid Lieutenants, along with a Mechanic with the pay being retroactive to June 1st.
Chief Colucy provided a handout concerning the employment of a grant writer. The fee to write a grant is $650 and if funding is not awarded, she will write the next one for free. Mayor Schwab stated that Chief Colucy was on the right track. Council Member Tharp was really bothered by this because several months ago Chief Colucy had convinced Council to put over $30,000 into the 1993 Pumper stating it would last another ten years. Mayor Schwab stated this grant is for a new pumper and that the Chief was doing his job by fixing the old pumper. Mayor Schwab stated that even if the Village receives the grant, it will still be at least two years before a new pumper would be in service. Council Member Tharp stated that he is still upset how the Chief sold the refurbishing of the 1993 Pumper to him. Council Member Mackey shared Council Member Tharp's sentiment and wanted to know why this grant writer wasn't discussed before the 1993 Pumper was fixed. Mayor Schwab stated he had recently made Chief Colucy aware of Strasburg's success with this grant writer after he had talked with one of Strasburg's Council Members. Council Member Hawk wasn't concerned about the 1993 Pumper repairs because it gave the department a functional pumper for now and Council Member Fox stated the pumper needed fixed and the ten years was not a factor to him.
COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried that Council go into executive session for the purpose of considering the appointment of employees of the Village of Brewster at 7:26pm. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to exit executive session at 7:56pm. The vote: All yes.
Mayor Schwab recommended the appointment of Scott Borojevich as a Fire Captain, Jeremy Henry as a Lieutenant, and Roger Carpenter as a mechanic with no retroactive pay.
POLICE DEPARTMENT: Chief Harry Porter(absent)
Kevlar Vests received via grant are in service.
Reminder: Stipend for Captain Creter for being a firearms instructor.
VILLAGE SOLICITOR:Attorney John Anthony
Solicitor Anthony has been contacted in connection with the vegetation easement of the 69kV line. GPD's representative has run into a couple of obstacles.
Solicitor Anthony had taken W&LE easements to the Recorder's Office a couple months ago and it still has not been filed due to the legal descriptions being incorrect. It turns out that a small portion isn't W&LE's property but is R.J. Corman's property.
COMMUNICATIONS:
Mayor Schwab provided an email outlining the WWT plant improvements from Scott Weyandt of Shearer's Foods.
Brewster decal available from the Historical Society at JMV, Belloni Foods, and the Wandle House at $4.00. Mayor Schwab displayed a copy to Council.
Stark RPC: 2016 Infrastructure OPWC Grant applications accepted until 09/18/2015. Council was provided with a copy. The Mayor urged Council to direct that application be made for infrastructure improvement projects that Council wishes to pursue. The project has to be engineered.
VILLAGE ADMINISTRATOR:VA Robert Pauley(absent)
Administrator’s report for period 06/13/2015 thru 07/03/2015:
- The Fourth scheduled street sweeping is set for September 1st – weather permitting.
- Reminder: Bids were opened for the Line Shop Annex Standby Generator Project with 3 qualified bids being received, bid summary attached. GPD, consultant on this project, recommends the Village award a contract and PO to Hilscher-Clarke for this project. They further recommend the Village considers selecting the Olympian/Caterpillar Generator with ASCO ATS for the additional cost adder of $1,850; this is a modest cost adder to upgrade to higher quality equipment. Hilscher-Clarke’s quoted work completion date is reasonable & acceptable. Hilscher – Clarke’s adjusted bid price with providing an Olympian/Catepillar Generator with ASCO ATS is $68.970.00 – legislation is needed.
- Reminder: Legislation is needed for GPD - Engineering Services Proposal for the McKinley Ave. Distribution Line Rebuild Project GPD proposes to perform Tasks 1 and 2 for a lump sum amount of $70,400including expenses. Summary: Task 1 - Design & Bidding Services $46,250, Task 2 -Construction Administration, Observation & Technical Support $24,150. We anticipate having the construction drawings completed and ready for material ordering and contractor bidding within 90-120 calendar days after receipt of a purchase order and notice to proceed.
- Water Supt. & Wastewater Supt. with Mayor Schwab and Councilmembers Mackey & Tharp and myself met with the consultant (Poggemeyer Design Group) regarding proposed underpass project, rate evaluation & intergovernmental assistance regarding the Mt. Eaton bulk-water request and system capacity & capability study met on June 17th. All three proposals were emailed to council, the proposals fall within the expense limits of the administrator. The consultant has begun gathering topo & locational information for the waterline replacement/underpass project.
- Sweetwater pump station project, next progress meeting scheduled for July 22, 2015. Prime contractor submitted summary of change orders. Legislation on tonight’s agenda for processing the change orders thru OWDA.
- With Streets Supt and Electric Superintendent met with Frontier Gazebo (Mt Hope Fence) for the Bimeler Park Pavilion project. Mt Hope Fence has rescheduled the project to begin on July 13th with anticipated construction to take 8 – 10 days. Streets Supt is coordinating with Wood Electric for the electric services. Electric department has removed a utility pole.
- Water line flushing was accomplished without incident or complaint. Streets dept, with support from other departments did patching for 3-days throughout the village.
Council Member Hilliard asked what the holdup has been on the gazebo. Mayor Schwab stated the weather has not been cooperating.
Council Member Godwin wanted to reiterate the importance of the McKinley electric distribution line rebuild. It needs to be done. Council Member Hilliard asked Lineman Swan if the pole line was being moved. He stated that they are only replacing the poles and crossarms and everything will look the same.
There was a request from a Huron St. resident for a "Children at Play" sign on Huron St.
There is a Zoning Board of Appeals meeting scheduled for Thursday, July 16, 2015 at 7:00 pm at Village Hall. A public hearing will be held for 2 requests for variances – R&R Junction General Store (333 S. Wabash Ave.) and Brewster Moose 1102 (149 S. Wabash Ave.)
VILLAGE MAYOR: Mike Schwab
The Mayor submitted to Council for June 29th Committee Meeting – Proposal: Water Plant Staffing & EPA licensing. He would ask that Council approve the fee ($ 565) for study/training materials for interested employees. The VA has been hesitant to approve this fee because he feels the employees should have "skin in the game" and pay their own way. There are four employees interested. Council Member Mackey is concerned that this will cost the Village money to train people for positions that are already filled and they will not be using their licenses. Mayor Schwab is expecting to have four licensed positions open over the next four years and wants to be prepared for the future.
Poggemeyer engineer/owner Jack Jones on 06/17 Engineering Proposals: install Underpass 8” water main replacement in house ($ 6750), Water Supply & Treatment Capacity Study ($ 6750); Water Rate Evaluation for potential water service to Mt Eaton ($ 3500); (Council copies of PDG proposals emailed by VA). Council Member Mackey and the Mayor discussed the two water lines and disagreed on where the four inch water line is located. Council Member Tharp stated that Supt. Pepper had assessed the 8" line and that it needed attention.
Water Utility Inventory – List of infrastructure assets; includes Mayor’s proposed improvements.
Based on the statement above: Urge Council to consider near future engineering of a 4” water main replacement in the underpass and underpass storm sewer/sidewalk replacement; both possible in-house installations or grant application submittals; also engineer: water filter media replacement; engineer North Water Tower maintenance.
Stark-Tuscarawas-Wayne Joint Solid Waste Management District Host Community Grant Application has been filed. It will be presented to directors on Friday. We requested funding for remainder 2015.
Request an Executive Session to Consult with Legal Counsel - #3 on Executive Session Procedures.
COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to move that Council go into executive session to meet with Legal Counsel to discuss disputes involving the Village that are subject to pending or imminent court action at 8:40pm. The vote: All yes.
COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to exit executive session at 8:48pm. The vote: All yes.
VILLAGE CLERK-TREASURER:Kris King
Check register for tonight's meeting provided for Council's signatures.
June fire pay is $4,776.98.
I have filed for property tax exemptions on the Electric Department property on Lincoln Ave SW and the two lots at the northeast corner of Wabash and 4th Street.
The Ohio Industrial Commission has scheduled a hearing on Friday, July 10, 2015 on one of our Worker’s Compensation cases.
Codification review is continuing. I requested an extension.
Depository Agreements: Met with PNC Bank last week and meeting with Huntington Bank this week.
Reminder: Council passed the increase in the uniform allowance for the Police Department.
When does Council want the increase take effect? Do you want the amount prorated for 2015 or increase to the full amount?
Attached are price comparisons requested from Council Member Mackey for a Smart TV for Council Chambers.
June and Year-to-Date financials are provided for Council.
Request for a resolution to be drawn up for the 2016 Alternative Tax Budget due to the County by August 20, 2015.
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 where the Smart TV quotes came from. Clerk King stated she used Best Buy to get the quotes and comparisons. Council Member Mackey stated he could find better prices.
"VILLAGE SPEAKS"
Council Member Tharp stated a resident has requested gravel to be put in the alley on the east side in an alley between 2nd and Main Street.
Council Member Godwin was contacted by Jim Carter of North Jackson Avenue because a tree is lifting the steps to his home.
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 meeting minutes from June 22, 2015.
Employee Committee meeting minutes from June 29, 2015. Council Member Tharp discussed the recommendations coming out of that session.
Finance Committee meeting minutes from June 15, 2015.
Park & Grounds Work Session meeting minutes from June 15, 2015.
Council of the Whole - Finance Work Session met tonight. Council Member Mackey stated that employee wages were discussed. Since HR Consultant John Barkan still hasn't completed his wage recommendations, the Finance Committee is recommending a 3% increase based on the current wage ordinance.
Referred to Tree Board on 06/15- trees at 204 Huron and 404 Jackson.
REMINDER: Economic Development Committee – July 20 at 6 pm
Brewster Garage Sales August 14 & 15
Insurance Committee Work Session – September 20 at 6 pm - Council Member Tharp stated he should have a proposal from Vogley-Muskoff by mid-August
EXPENDITURE REQUESTS from past Meetings:
1. From VA - Line Shop Annex Standby Generator from Hilscher-Clarke at $68,970.00 (project was bid as required and purchase requires Council approval by ordinance).
2. From VA – Engineering services for McKinley Avenue Distribution Line Rebuild Project from GPD at $70,400.00 and for VA to Bid the Project (requires Council approval by ordinance).
3. From Fire Chief - $ 650 for a grant writer to submit an application for a fire pumper; if successful grant writer receives a fee equal to 8% of grant up to $3000.
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 THARP and motion carried to draw up an ordinance for the engineering services for McKinley Avenue Distribution Line Rebuild Project from GPD at $70,400.00 and for VA to Bid the Project. The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to approve the June fire pay at a cost of $4,776.98 from the Fire Equipment Fund. The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to have the increase in the Police uniform allowance be in full effect in 2015. The vote: All yes.
COUNCIL MEMBER HILLIARD THARP MOVED, SECONDED BY COUNCIL MEMBER FOX GODWIN and motion carried to draw up an ordinance accepting the bid for the Line Shop Annex Standby Generator from Hilscher-Clarke at a cost of $68,970.00. The vote: Godwin, yes; Hawk, yes; Hilliard, no; Mackey, yes; Tharp, yes; Fox, yes. Motion passed.
COUNCIL MEMBER HILLIARD GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX HILLIARD and motion carried to retain the services of Vera Gatchell at a cost of $650 for the submission of an application for a grant for a new fire pumper. Council Member Godwin thinks Council should take a swing at it. Council Member Tharp says it makes sense to go after it but still has an issue with the $30,000 spent on the 1993 pumper. The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to accept Poggemeyer Design Group's proposal for professional engineering services to assist the Village with the development of a water rate evaluation and Intergovernmental Agreement Assistance at a maximum fee of $3,500; and to assist the Village with the development of a Water Supply and Treatment Capacity Study at a lump sum of $6,750; and to assist the Village with the development of Water Improvement Plans for the replacement of a waterline on South Wabash Ave. at a maximum fee of $6,750. The vote: Godwin, yes; Hawk, yes; Hilliard, yes; Mackey, no; Tharp, no; Fox, yes. Motion passed.
COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to instruct the VA to prepare OPWC grants for Park Street improvements, Water Treatment Plant upgrades, and the Underpass project. The vote: All yes.
COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to instruct the VA to call Sherri Loos of the Rural Community Assistance Program and get the GIS project in motion. The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to put up a "Children at Play" sign on Huron Street. The vote: All yes.
COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to create a resolution for the 2016 Alternative Tax Budget. The vote: All vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to approve the purchase for two employees to receive study and training materials for Water Plant staffing and EPA license materials. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to draw up an ordinance adopting the Sick Leave Donation Policy and including it in the Employee Manual. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to purchase five Village cell phones for all full-time Police Officers. The vote: Godwin, yes; Hawk, yes; Hilliard, no; Mackey, yes; Tharp, yes; Fox, yes. Motion passed.
COUNCIL MEMBER HILLIARD MACKEY MOVED, SECONDED BY COUNCIL MEMBER FOX HILLIARD and motion carried to adopt the new revised Village Rules of Council. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to approve the Mayor's recommendation to promote Jeremy Henry to the non-paid lieutenant position in the Fire Department. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to approve the Mayor's recommendation to promote Scott Borojevich to the Captain position in the Fire Department. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to approve the Mayor's recommendation to make Roger Carpenter the Fire Department Mechanic with no retroactive pay. The vote: All yes.
COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to purchase a solid oak council chamber table at a cost of $3,467 out of the Capital Projects Fund. The vote: Godwin, no; Hawk, yes; Hilliard, yes; Mackey, yes; Tharp, no; Fox, yes. Motion passed.
COUNCIL MEMBER HILLIARD MACKEY MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to approve the purchase of an A/V display at a cost up to $2,000. The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to draw up an ordinance for the employees to receive a 3% increase based on the current wage ordinance. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to have the Economic Development Committee meeting topic expanded from just the Brewster Business Association to include other economic development ideas at the meeting that is scheduled for July 20th at 6pm. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to schedule an Utility Committee meeting on August 3, 2015 at 6pm in Council Chambers. The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to schedule an Employee Committee worksession to discuss employee wages on Tuesday, August 4, 2015 at 6pm. The vote: All yes.
COUNCIL MEMBER HILLIARD THARP MOVED, SECONDED BY COUNCIL MEMBER FOX GODWIN and motion carried to remove the 12 foot pipe swing in the park. Council Member Hilliard stated this was the VA's decision to make, not Council's. The vote: Godwin, yes; Hawk, yes; Hilliard, no; Mackey, yes; Tharp, yes; Fox, yes. Motion passed.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to adjourn the meeting at 9:30 p.m.
Respectfully submitted,
K. Kris King, Village Clerk-Treasurer
Mike Schwab, Mayor