August 3, 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 HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to excuse Council Member Hawk from tonight's meeting. The vote: All yes.
MEMBERS PRESENT:
Mike Schwab, Mayor
VILLAGE OFFICIALS/EMPLOYEES PRESENT:
MINUTES FROM THE JULY 20, 2015 REGULAR COUNCIL MEETING:
Mayor Mike Schwab asked if there were any additions or deletions to the July 20, 2015 Council meeting minutes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to accept the minutes as presented. The vote: All yes.
PRESENTATION OF BILLS:
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to accept the bills for the amount of $ 84,338.26. 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.
Ray Heitger, 317 - 7th Street SE, asked Council if there was a limit on the amount of money that could be spent on a band for the new pavilion grand opening. It was suggested that Mr. Heitger call around to find out who would be available this late in the year and bring it back to council for approval.
Others in the attendance: Cindy Mackey, Stuart Rogers, Tanya Davis, and Ann-Margaret Lambo.
CONSIDERATION OF ORDINANCES:
Second 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).
Second Reading: An Ordinance Awarding a Contract with Hilscher Clarke for a Standby Generator for Electric Line Shop Annex (total cost = $ 68,970).
Second Reading: An Ordinance Adjusting the Base Wage of Village employees (3% increase on base wage).
Second Reading: An Ordinance Authorizing the Adoption of an Employee Sick Leave Donation Program and Adding it to the Employee Handbook.
Second Reading: A Resolution approving the 2016 Alternative Tax Budget.
First Reading: A resolution authorizing the Village Administrator to prepare and submit an application to the Ohio Public Works Commission State Capital Improvement and Local Transportation Improvement Programs for a Park Street Improvement Project, and to execute contracts as required.
First Reading: A resolution authorizing the Village Administrator to prepare and submit an application to the Ohio Public Works Commission State Capital Improvement and Local Transportation Improvement Programs for a Water Treatment Plant Improvements Project, and to execute contracts as required.
First Reading: A resolution authorizing the Village Administrator to prepare and submit an application to the Ohio Public Works Commission State Capital Improvement and Local Transportation Improvement Programs for a Wabash Underpass Water Line Project, and to execute contracts as required.
First Reading: An ordinance amending Chapter 90 - Animals of the Village Codified Code.
RESOLUTION 22-2015: A Resolution of Appreciation to Tim Gardner for his years of service on both the Planning Commission and Zoning Board of Appeals was given first reading.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to pass Resolution 22-2015 as read. The vote: All yes. Council Member in attendance signed the resolution.
RESOLUTION 23-2015: A Resolution that authorizes the Village of Brewster to participate in the Ohio Department of Transportation contract for rock salt, and declaring an emergency was given first reading.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN 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 FOX and motion carried to pass Resolution 23-2015 as read. The vote: All yes.
RESOLUTION 24-2015: A Resolution estimating the aggregate maximum amount of public funds to be awarded as inactive deposits for the period beginning August 6, 2015 and ending August 5, 2020 and declaring an emergency was given first reading.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to suspend the rule requiring three separate readings and bring the resolution forward for passage. The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to pass Resolution 24-2015 as read. Council Member Tharp asked about the inactive funds. The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to table the animal ordinance. Solicitor Anthony stated there are many different animal ordinances under Municipal Code Section 502. Council Member Hilliard would like to take Alliance's ordinance and tweak it to fit our community.
MUNICIPAL DEPARTMENTS:
FIRE DEPARTMENT:Chief Chris Colucy
Assistant Chief Mohler had provided council with a handout providing additional information on the purchase of the LifePak 15 and the Physio-Control contract including a four year service contract of $5,712. The handout also showed that after the $15,000 state grant and trade-in the Village cost was $10,884. Council Member Mackey discussed extended warranties. Chief Colucy explained that Physio-Control actually comes to the department and does annual maintenance.
Chief Colucy stated he had met with a Tuscarawas Township Trustee and that there was going to be a meeting to sit down with all the Fire Departments and discuss contracts.
Chief Colucy has recently attended a Chief's meeting and the topic was firefighters contracting cancer from their turnout gear after a fire not being cleaned properly and exposing them to carcinogens. Chief Colucy will be looking into expanding the station to build showers and putting in an exhaust system in order to keep the air in the station clear from vehicle exhaust. Council Member Tharp stated that the improvements to Village Hall have made it Handicap accessible which is what stopped the expansion years ago.
Chief Colucy asked who holds the current Disaster Coordinator position. It was explained that the position has been eliminated and the responsibilities now fall on the Chief. The key to the Knox Box on the Wandle House was discussed.
Council Member Tharp asked if the grant writer had been contacted for the new pumper. Chief Colucy stated the he had just given the financial request to the Clerk for completion.
POLICE DEPARTMENT: Chief Harry Porter(absent)
Council Member Hilliard stated there is still a problem on Huron and Mohican with speeders. He stated there needs to be more patrols between 2:30 and 4:00 PM. He also asked about the activity report that the chief used to give council every month. Council Member Tharp asked that if the report is going to be provided again that it be emailed to council in PDF form.
VILLAGE SOLICITOR:Attorney John Anthony
Solicitor Anthony reviewed an email he provided concerning alley and street openings. He stated that when a plat is recorded it is considered property set aside by the Village. Case law on the subject dates back to the early 1900's and states that it is open when it is cleared for use but today it has more to do with the engineering of it. Council Member Mackey reiterated that in other words, just because it is deemed an alley doesn't mean it is opened. Solicitor Anthony explained that each case needs to be looked at separately and differently. Again Council Member Mackey stated just because it is platted doesn't mean it is open. The Solicitor stated once the Village took over the maintenance then it can sometimes be assumed that it is opened but all the facts have to be reviewed. Council Member Tharp brought up the fact that at some point Lake Erie Place was graveled and plowed by Village personnel.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX 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 7:46 PM. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to exit executive session at 7:56 PM. No action was taken.
COMMUNICATIONS:
Columbia Gas Email: August 11th is National 811 Day – Call 811 before you Dig, anywhere !
VILLAGE ADMINISTRATOR: VA Robert Pauley
Administrator’s report for period 07/21/2015 thru 08/03/2015:
- With superintendents from Water, Wastewater, Streets and Electric met with representatives from RCAP for implementation of asset marking for the GIS project.
- Met with RCAP representatives from RCAP regarding the implementation of the Water Rate Study, assembling data forward from the 2007 RCAP rate study, last water rate adjustment went thru 2012.
- PDG forwarding revisions requested by Mayor (revising potential 10” waterline thru underpass to 8” waterline). Review of 1996 North Wabash Ave Waterline Replacement project (starting just north of the underpass) indicates line-valves that were not able to be field located, Water department will need to resolve.
- With Utility Clerk and Clerk-Treasurer the F&E Payments on-line utility payment portal is scheduled for fine-tuning/ beta testing on the afternoon of August 5th.
- Sweetwater pump station project, next progress meeting scheduled for August 20, 2015.
- The OTCO (Operator Training Committee of Ohio) Basic Water correspondence course study materials have been received by village technician – wastewater and village technician – street department, 1-year to complete
- Mosquito fogging (adulticide) continues on Thursday evenings (weather permitting). Weather forecast for this week may move mosquito fogging to Wednesday.
- On Call / Stand-by Status: attached is my email to John Barkan (HR consultant), Mr. Barkan’s response identifying Fair Labor Standards Act (FLSA) responsibilities, July 2012 email from Orrville to former Administrator Hartman, Mayor’s proposals to Council 2013, Mayor’s suggested policy – taken from Wadsworth’s Website (substitute Electric Department for Department in the paragraph marked THIS, disregard paragraph marked NOT THIS). Mr. Barkan provided a draft of the "Stand-by/On Duty Status" for Council's review.
- Note: the community I came from, another public power community, compensated the “Duty Person” $250 per week with a 1-hour response time. There was a Duty person in the Department of Public Power (Electric), Public Works – included water distribution, storm water – included storm-water lift-station alarms and wastewater collection systems, (included doing the required lab testing & rounds for the water distribution system) and Wastewater Treatment – included wastewater treatment plant tests as well as pump-station alarms.
- As a member of AMP, the village is part of the Mutual Aid program in the “Gold Sector” – the last attachment indicates AMP’s Emergency Aid number, as well as the Gold Sector sector coordinator with the 20 communities that are in the Gold Sector. I have had discussions with Hilscher-Clarke Electric Company for emergency call response, they are sending their response capability & rate sheets (time & materials basis) with a listing of the emergency contact numbers. Hilscher-Clarke has indicated that they do have personnel qualified for sub-station and distribution voltage (12.47 KV and 7.2 KV) work.
MAYOR:
Mayor’s Letter appointing Jerry Layne, current Zoning Board of Appeals member, to also serve on the Village Planning Commission; Jerry will be filling the seat vacated by Tim Gardner; this opens a seat on the seven member Zoning Board of Appeals which is a Council appointment.
Stark-Tuscarawas-Wayne Solid Waste Management District Grants have been approved; Village will receive $ 625 per quarter to host the Yard Waste Drop Off Site & $ 625 per quarter to host the Recycling Drop Off Site; Agreements to be signed and submitted.
Pavilion is progressing with construction slated to be completed by Friday, weather cooperating; electric work (Wood Electric) and grounds rehab to follow.
Council Member Hilliard stated that people are abusing the recycling center and using it as a dump. He wants to see cameras installed. Mayor Schwab stated that is a possibility for the next grant. Council Member Mackey stated he would like to see the area enlarged and improved.
VILLAGE CLERK-TREASURER:Kris King
Check register for tonight's meeting provided for Council's signatures.
July Financials and Month-to-Date reports have been provided to Council.
There has been no word on the property tax exemptions filed on the Electric Department property on Lincoln Ave SW and the two lots at the northeast corner of Wabash and 5th Street.
Depository Agreements: We now have agreements with Huntington Bank, PNC Bank, and FirstMerit Bank. I am currently working on compiling information to apply for a commercial credit card. I will have more information for Council on the commercial card and positive pay in the future.
I will be starting on the 2016 Alternative Tax Budget due to the county by August 20, 2015.
I am compiling information for the credit card processor for our internet and credit card utility payments. F&E PaymentPros has the site available for us to work out the bugs.
I have been contacted by Rob Beglin of USI Midwest, LLC to provide information to bid on the liability insurance.
After the Mayor completes the zoning section of the codification draft, we will be sitting down to do a final review before sending it to American Legal.
Supt. Patterson and I are working on getting in the Stark County's salt contract. Morton came in at $80.81 per ton and county would only be $58.32 per ton.
Completed a public records request from ohio@OpentheBooks.com. They wanted all employee names, positions, zip codes, and 2014 wages earned. They stated "This request is not principally for personal or commercial benefit.".
I will be assisting Chief Colucy with the financial part of the grant application for the new pumper.
Reminder: 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 Tharp mentioned that he had gotten confused on the insurance and thanked Clerk King for taking care of the liability insurance bidders.
Stuart Rogers asked that it be stated that he corrected his statement that his 10 year-old was selling eggs when in fact he was taking them to church and people where making donations towards his church mission for bringing the eggs to pass out at church.
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 Member Mackey reported on the minutes from Council of the Whole Work Session from July 27th: Alley opening at Lake Erie Place, the animal ordinance, and the AB&C contingencies process for power outages.
Council Member Fox reported on the Utility Committee Work Session held this evening. It was an informational meeting discussing utility rates.
REMINDER: 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 Godwin has been asked about designating Field #3 as Denny Gehring Memorial Field. He was instrumental in getting the field built. Denny was very involved in youth sports and recently passed away. Mayor Schwab suggested getting a petition or a letter and presenting it to council.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to hold an Insurance Committee meeting on August 10th at 6:00 PM to go over the liability proposal from Vogley-Muskoff. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and to approve the service contract with Physio-Control for the LifePak 15 for four years at a total cost of $5,712 from the EMS Fund. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to have an ordinance drawn up awarding a contract and liability insurance starting September 26, 2015 and ending September 25, 2016. The vote: All yes.
COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to repair and reconstruct a portion of the alley known as Lake Erie Place. The reconstructed portion of the alley will conform to all village alley construction specifications. The reconstructed alley will be located in the center of the existing right of way. It will be constructed to a width of 10' and will be approximately 240' in length from Jefferson St SE to a location near the rear of 242 Main St SE. The Village shall install all the proper signage including weight restrictions. The Village Street Department will perform all the necessary work and will rent whatever equipment is needed to perform the work efficiently and safely. Any other changes or modifications to this motion shall be brought back to Council for it's review and decision. There was a discussion concerning garbage trucks in the alley and a possible ordinance requiring residents to put their trash in front of their homes. The vote: All yes.
Council Member Tharp asked HR Consultant John Barkan if he would have the job descriptions ready for tomorrow night's Employee Committee work session. Mr. Barkan replied that it is going to be a process. Some of the things they found in the compensation needs to be written into the job description. There are some items that need discussed.
Council Member Godwin reported that Paula Renner of N. Wabash would like the tree on her tree lawn replaced. The Village has removed a dead one in front of her home.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to hold a Council of the Whole worksession on August 10th, 2015 at 6:30 PM to discuss on-call pay for the Electric Department. Council Member Tharp made note that Council Member Hilliard will be running and responsible for that meeting. Council Member Tharp also asked that the Electric Linemen attend for their input and comments. The vote: All yes.
VILLAGE SPEAKS:
Council Member Tharp stated a resident was appreciative of the frequency of the mosquito spraying this year.
Council Member Tharp stated there is a tree in front of 283 W. Main St. that is half dead and needs removed.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to adjourn the meeting at 8:58 p.m.
Respectfully submitted,
K. Kris King, Village Clerk-Treasurer
Mike Schwab, Mayor