October 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
Kris King followed by the Pledge of Allegiance.
MEMBERS PRESENT:
VILLAGE OFFICIALS/EMPLOYEES PRESENT:
MINUTES FROM THE OCTOBER 5, 2015 REGULAR COUNCIL MEETING:
Mayor Mike Schwab asked if there were any additions or deletions to the October 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 MACKEY and motion carried to accept the bills for the amount of $ 798,058.43. Council Member Tharp asked if the $150.00 check for the Halloween party was for costume judging. Mr. Heitger replied that each winner would receive a $5 bill. Council Member Tharp does not like to give out cash. Mr. Heitger stated they gave out $5 Subway cards last year and thought the cash would allow the winners to choose what to purchase with their winnings. Also, noted was that $ 461,719 was the latest payment to Kenmore Construction for the WWT project and $ 253,736 to AMP for electric 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.
Audience in attendance: Ray Heitger, John Barkan, Tanya Davis, and Ann-Margaret Lambo.
CONSIDERATION OF ORDINANCES:
ORDINANCE 37-2015: An Ordinance to amend Chapter 13 of the Codified Ordinances of the Village of Brewster regarding Municipal Income Tax was given third reading.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER THARP to bring Ordinance 37-2015 forward for passage.
Council Member Tharp asked if the language of the legislation came from the Ohio Municipal League (OML). Clerk King stated it was from the OML. COUNCIL MEMBER THARP made the motion to remove the last whereas paragraph of the legislation because it contained "provisions and limitations specified in Chapter 718 of Ohio Revised Code are disclaimed to the extent they are unlawful and unconstitutional". Council Member Mackey asked Solicitor Anthony his opinion on the paragraph in question. Solicitor Anthony recommended leaving the paragraph in. Council Member Mackey stated that he has the utmost faith in the OML. Motion dies due to lack of second.
The vote on Ordinance 37-2015 as originally read: Hilliard, yes; Mackey, yes; Tharp, no; Fox, yes; Fox, yes; Godwin, yes; Hawk, yes. Motion passes.
Second Reading: Resolution Designating Bimeler Ball Park Field #3 as Denny Gehring, Sr. Field.
Second Reading: Authorize the Modification of Ordinance 21-2002 to provide Two Way Traffic on Pennsylvania Place (an alley off N. Wabash between 525 & 537 N. Wabash Avenue).
Second Reading: Authorize a One Year Contract with Attorneys Larry Chapanar & Ian Crawford for Village Prosecutor services in 2016 at $12,000.
RESOLUTION 38-2015: A Resolution Accepting the Amounts and Rates as Determined by the Stark County Budget Commission 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. The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to pass the ordinance as presented. The vote: All yes.
Tabled on 10/05/15: An Ordinance Authorizing an Employee Stand By Program and Modifying Call Out Pay.
MUNICIPAL DEPARTMENTS:
FIRE DEPARTMENT:Chief Chris Colucy
Chief Colucy stated the Firemen's Association has Fire Levy Ballot signs for Council Member's front yards.
Chief Colucy provided information concerning additional background checks for all firemen as required by Medicare. Due to Federal Requirements, all firemen must have a BCI check, and anyone that has not lived in Ohio for the last five years must also have an FBI background check.
Chief Colucy is recommending the hiring of Randi Hickman as a part-time paramedic. She is being added to the roster to cover when no other paramedics are available.
POLICE DEPARTMENT: Chief Harry Porter (excused)
Assistant Fire Chief Jen Mohler commends Chief Colucy and Chief Porter and their respective departments for their participation and assistance in the silent parade and memorial service for Stark County's Fallen Fire Fighters held on October 17th. Chief Colucy stated all the credit should go to Asst. Chief Mohler. She did a great job putting it all together. Council Member Godwin would like to see a resolution of appreciation given to Asst. Chief Mohler and Pastor Vance Weeks of the Brewster Friends Church. Pastor Weeks allowed the services to be held and hosted at the church.
Council Member Godwin asked if the patrol cars carried Narcan. Council Member Godwin explained that Narcan is a drug that reverses the effects of a heroin overdose. Fire Chief Colucy stated the ambulances carry it. He stated that it used to be only paramedics could administer it but they changed it so EMT's can give a nasal mist, but paramedics are still the only ones that can administer it intravenously.
VILLAGE SOLICITOR:Attorney John Anthony
There will be an Income Tax meeting on Friday, October 30th at 1:30 p.m. with the Income Tax Commissioner, Village Clerk-Treasurer, and Mayor to review the changes, resulting from the adoption of House Bill 5. The meeting is open to anyone wishing to attend.
Atty. Anthony has been working with Dwight Neiderkofler of GPD on FirstEnergy Vegetation Management Easements. He stated it has been a very slow process but assignments have been recorded. The appropriate language has been established and can be used as a template for others.
Atty. Anthony will be emailing a recent Open Meeting/Sunshine Law decision. It describes what happen if you are found in violation of the law. The opinion deals with emails of an information gathering nature.
Atty. Anthony received a copy of the background check requirements from Chief Colucy and will check the specific requirements for 42CFR for the firefighters.
COMMUNICATIONS:
RED Center – L.O.G.I.C. Dispatch Contracts for 2016 & 2017; it will require an ordinance to approve. Copies of Contracts given to Solicitor for his review.
Council Member Tharp brought up Issues 1, 2, and 3 on the November 3rd ballot. The first one deals with fair redistricting. The second one is anti-monopoly. The third one is the "marijuana bill". He recommends voting yes on Issues 1 and 2 and no on Issue 3. He encouraged everyone to read the issues.
VILLAGE ADMINISTRATOR: VA Robert Pauley
Administrator’s report for period 10/06/2015 thru 10/19/2015:
Street Department, with assistance from the other departments began Curbside Leaf collection and will continue as leaves and weather permits. Residents are urged to rake leaves to the treelawn to avoid blocking curbs, gutters & ditches.
Street Department crack-sealing will continue as weather & leaf collection permits.
The US 62/Fairless crosswalk project, including crosswalk striping, is expected to be completed this week (weather permitting).
Water Department to begin hydrant flushing on October 20th, as weather permits, starting with the south-west & south-east sections of the village. If discoloration is noticed, residents are advised to let the water run.
Sweetwater project startup for all systems completed. Final training, and set-point adjustment, for VFD’s being accomplished this week. Project has achieved substantial completion and beginning of warrantee periods for installed equipment. Council Members interested in touring the completed Sweetwater project can contact the Wastewater Superintendent directly. First payment is due in January.
As the stand-by generator originally part of the (old) sewer pump station is no longer needed for public use or is obsolete or unfit for purpose for which it was acquired, I am requesting authorization to dispose of the surplus stand-by generator, Magnetek Generator, Model RD1875 (3-Phase, 150 KVA, 208/480 V, 520/226 Amp) with Perkins diesel motor (approx. 589 hours on run-meter) and 150 gallon fuel tank. (Ordinances 13-2007 and 36-2013 are attached for reference.)
Electric department coordinating short outage with Shearer's on Monday, Oct 26th, from 4:00a.m. - 6:00a.m. to allow for repairs stemming from the squirrel infiltration on the north substation that has direct service to the Shearer’s site.
With utility clerk, participated in conference call for AMP’s Hosted Solutions – Smart Grid/Smart Metering (AMI) project. The Hosted Solutions project encompasses both electric and water meters/meter reading/use& error detection.
Solar Phase 2 AMP has been investigating a financing option to utilize Investment Tax Credits that looks very promising and projected to bring significant savings over traditional tax exempt financing. Council Member Godwin asked how long it would it be before we have firm numbers. VA Pauley stated they will have the numbers by the end of the month.
I will be attending the Ohio Municipal League conference beginning Wednesday.
Council Member Hilliard asked which was more important, street sealing or leaf pick-up? VA Pauley stated the crack sealer has been rented through the end of the month and the leaves are being picked up ahead of the hydrant flushing to keep the leaves out of the storm sewers.
VILLAGE MAYOR: Mike Schwab
There will be a Zoning Board of Appeals Meeting Thursday, October 29 at 7 pm for a variance application to construct a 2000 sq ft accessory building 16.5’ in height at 384 Mohican.
The above meeting to be followed by a Planning Commission hearing to review the proposed Alternative Energy Zoning language amendment.
VILLAGE CLERK-TREASURER:Kris King
September Fire Department payroll is $5,211.77.
Setting up department head meetings to start the budgeting process.
Meeting with CompMgmt on November 4th to see which programs are paying off as far as Workers' Compensation discounts.
I had a conference call concerning the Huntington Commercial card. It will require a resolution to be passed. We are required to use the card for at least $10,000 per month. Each card issued is required $2,500 per year. The monthly earnings will depend on the amount charged the previous month. Council Member Godwin wants to check with PNC before proceeding.
AFLAC will be in on October 21st to meet with employees to sign up or review their current plans.
Flu shots are scheduled for October 30th from 10:00-11:00 at Village Hall. Shots are $26.00. We had to change the company administering the shots due to our insurance.
Ohio Insurance Services would like to schedule a conference call on October 26th at 12:30pm to discuss the upcoming renewal.
Recreation Board's Halloween party is at Bimeler Park in the new pavilion not at the Fire Department.
I will be attending the OML conference on Wednesday and Thursday then an OAPT Board meeting on Friday this week.
I will be attending RCAP meetings on Wednesday and Thursday next week.
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 minutes from October 13, 2015.
The Mayor suggests a Public Utilities Committee Meeting to review the Mt. Eaton Water connection proposal (Copy of Mayor’s 10/07 email & tonight’s handout concerning meeting w/Mt. Eaton officials and copy of VA’s email to PDG outlining capacity expectations given to Council Members).
Council appointment to Zoning Board of Appeals is needed to fill the existing vacancy. Council accepted Tim Gardner’s resignation on July 20. Council Member Tharp would like to see it advertised and resumes taken.
REMINDER: Annual Fairless Linebackers Spirit Parade Sunday, October 25th at 5pm.
Trick or Treat – October 31st 6 – 7:30 pm; Rain Date November 1st
Halloween Party after Trick or Treat in Bimeler Pavilion
EXPENDITURE REQUESTS from past Meetings:
None
PENDING PROPOSALS FROM PAST MEETINGS:
Ohio Insurance Services Agency (Brian Savage) offers administration of COBRA program for $650 per year (Council copy on 09/21/2015).
ODNR Natureworks Grant applications deadline is May 1 each year.
Should Village prepare to submit applications for the next Round of Issue II funding due to be submitted in September of 2016 ?
Mt. Eaton Water connection proposal; Mt Eaton is looking for rate numbers
OLD or NEW BUSINESS: (Council Rules dictate a one meeting review period for expenditures, unless deemed an emergency)
From the Mayor: Respectfully suggest:
1. Create Legislation for – L.O.G.I.C. Dispatch Contracts for 2016 & 2017.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to draw up Resolutions of Appreciation for Asst. Chief Jen Mohler, Pastor Vance Weeks, Chief Colucy and Chief Porter for their participation in the Firefighters Memorial Service. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to pay the Firemen wages at a cost of $5,211.77 from the Fire Equipment Fund. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to advertise for interested residents to fill the vacant Zoning Board of Appeals seat to file letters of interest at Village Hall by November 13th at 3:30p.m. The Vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to draw up a resolution authorizing a three year agreement with the Board of Trustees of the Local Organized Governments in Cooperation (LOGIC) for full dispatching services for the Village Police Department and the Village Fire Department by the Regional Emergency Dispatching (RED) Center. The vote: All yes.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to hold a Utility Committee meeting on November 2nd at 6:00p.m. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to schedule a Council of the Whole meeting on Monday, November 16th at 6:30p.m. to discuss the Cobra Insurance Program through Ohio Insurance Services. The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to schedule a Council of the Whole meeting on Monday, November 9th at 6:30p.m. to discuss Parks & Grounds. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to hire Randi Hickman as a part-time paramedic pending drug screen, background check, and physical. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to suspend Council Rules of waiting one meeting to approve expenditures and approve the BCI background checks and any FBI background checks that are required. The vote: All yes.
COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to schedule a Council of the Whole on October 26th at 6:30p.m. to continue discussion on Police Department personnel wages. The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to advertise for the disposal of the surplus stand-by generator from the Wastewater Treatment Plant's Generator. Council Member Hawk suggested the Far Corner and Bargain Hunter. The internet was also suggested. The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to draw up a resolution expressing intent of the Council of the Village of Brewster, Ohio to sell unneeded, obsolete, or unfit personal property by the internet. The vote: All yes.
There were no "Village Speaks" at this evening's meeting.
COMMENTS FROM THE AUDIENCE:
Ray Heitger asked Council Member Tharp if he wanted to add something about the cash prizes for the costume judging? Council Member Tharp stated he didn't have anything to add and whatever they do is their business.
Chief Colucy wished to add that there are two fire hydrants in the 1st Street SW trailer park that do not work. They belong to the trailer park and a letter had been sent to them about seven years ago and they never responded. Mayor Schwab asked Solicitor Anthony if the Village had any leverage to force the trailer to fix the hydrants. Solicitor Anthony is going to research it.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to adjourn the meeting at 8:12 p.m.
Respectfully submitted,
Kris King, Village Clerk-Treasurer
Mike Schwab, Mayor