April 6, 2015 - Meeting Minutes

MINUTES
BREWSTER VILLAGE COUNCIL
April 6, 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          K. Kris King, Clerk-Treasurer
Rob Pauley, Village Administrator     Chris Colucy, Fire Chief                    
Harry Porter, Police Chief

 

MINUTES FROM THE MARCH 16, 2015 REGULAR COUNCIL MEETING:

Mayor Mike Schwab asked if there were any additions or deletions to the March 16, 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. 

MINUTES FROM THE MARCH 23, 2015 SPECIAL COUNCIL MEETING:

Mayor Mike Schwab asked if there were any additions or deletions to the March 23, 2015 Special Council meeting minutes. 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY 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 $ 380,434.57.  The vote: All yes.  Council Member Hilliard asked about a $125 bill to Ziegler.  VA Pauley stated that the track hoe that was being rented from Ohio Cat blew a hydraulic hose when they loaded it onto the trailer.  Council Member Hilliard also wants to replace the sewer main on Scioto since this was the second time for repairs and restoration of a basement due to a backup.  Mayor Schwab stated the previous backup occurred 20 years ago.  Council Member Hilliard asked about the $1,600 to PC Repairs by PC.  The check register said it was for repairs but it was also for a new computer, some upgrades, and a backup per Chief Porter.  Council Member Tharp asked about a $1,750 invoice from Canton City Schools.  Clerk King stated to was for classes for two firemen.

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.

Jay Huff, 756 McKinley Ave SW, gave a compliment to the Electric Department for their prompt response to a power outage.  He requested a copy of the bills for this meeting along with the Mayor’s report on the Village Hall remodel.  Both were provided to Mr. Huff at the meeting's conclusion.

Others in the attendance: Ray Heitger, Cindy Mackey, and John Barkan.

 

CONSIDERATION OF ORDINANCES:

Third Reading: An ordinance authorizing a Purchase Agreement for the Sale of 1.5 miles of Brewster 69kV Transmission Power Line to ATSI/FirstEnergy Corp.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX to approve the ordinance as read.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to table the ordinance until the final draft of the agreement was approved by the legal department of ATSI/FirstEnergy Corp.  The vote: All yes.

Second Reading: An ordinance amending Ordinance 30-2014 to certain employee benefits (as drafted would increase full time and part-time police officer’s uniform allowances). 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to amend the ordinance to allow up to $750 annually for full time Police Officers and $350 annually for part time Police Officers.  The vote: Fox, yes; Godwin, no; Hawk, no; Hilliard, yes; Mackey, no; Tharp, yes.  The Mayor broke the tie with a yes vote.  Motion carried.  Council Member Tharp stated that raising it from $480 annually to $1,000 was too steep.  Council Member Mackey asked when it was adjusted last.  Mayor Schwab stated it was last adjusted in 2000.  Mackey asked who paid for damaged uniforms.  It was stated that they were replaced either from their uniform allowance or out of the employees’ pockets.  Council Member Hawk stated benefits cost the Village less than pay raises.

Second Reading: An ordinance authorizing the Village Administrator to prepare and bid for Standby Generation for Electric Department buildings.

Ordinances Tabled on 03/02/2015 at third reading:

Third Reading: Resolution to Submit a Ballot Issue for the Renewal of a 4 mil Fire Levy for 2016 – 2020 to the Voters for the November 3, 2015 General Election. 

Third Reading: 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. 

MUNICIPAL DEPARTMENTS:

FIRE DEPARTMENT:Chief Chris Colucy

Pumper 151 is expected to be returned at the end of April.  No unexpected expenses have occurred up to this point.

The Fire Department committee is working on Standard Operating Guidelines.  A draft will be presented to Council in the near future for review.  Chief suggested a review by a joint council and fire department committee.

The structure of the Fire Department and chain of command was presented to council by Chief Colucy.  Chief suggested that council consider an appointment of a second assistant fire chief dedicated to the fire operations and the creation of an appointment to a non-paying lieutenant position.

POLICE DEPARTMENT: Chief Harry Porter

Part time officer Josh Parr has resigned.  The department will be looking for applicants in the near future.

Chief Porter memo: Proposes all full time officers receive cell phone reimbursements of $40 per month for their personal phones.

Clerk-Treasurer King had previously given the Chief an email from an individual wanting to carry a side arm in the park.  The solicitor will discuss during his section.

VILLAGE SOLICITOR:Attorney John Anthony

Solicitor has been communicating with FirstEnergy on the sale of the 69kV pole line agreement.  The transfer of ownership of the line has more to do with the timing of energizing the line than the agreement signing.  Once the agreement is executed, the Village should receive the check within a couple of days.

Solicitor Anthony is reviewing ordinances concerning junk cars.

Solicitor Anthony stated the Supreme Court ruled that the Village can’t prohibit open carry on open grounds unless specifically prohibited by Village Ordinance.

COMMUNICATIONS:

Donation application from Fairless Youth Baseball & Softball.

Mayor Schwab had been questioned about the St. Rt. 93/Elton intersection improvements: From ODOT District 4 Web Site: 2015 Construction Program to include paving of SR 93 from SR 172 to Elton Street & to include radius improvements at 93/Elton intersection.

Efficiency Smart Program Report – 01/2014 – 02/28/2015; Rebate incentives paid to Brewster businesses and residents= $ 28,456; projected lifetime savings in energy costs = $ 1,517,948.  This information can also be found on the Village website.   

The Village received SARTA bus routes on Google maps & a link on Village Web site under “How Do I”

VILLAGE ADMINISTRATOR:VA Robert Pauley

Administrator’s report for period 03/14/2015 thru 04/06/2015:        

-          Street department has ordered garage door and material for the Recycle Center Garage Door addition project.  It should be in late this week/beginning of next week.

-          Street department has received the new VenTrac mower.

-          Street superintendent suggests April 27 thru 30th or May 4th thru 7th for Spring Cleanup.

-           Received quotes from Vasco Sports Contractors to address the sports courts (basketball court, tennis court & skate park area). Crack fill existing cracks (color will not match) $3,432.00. Sports Court Resurfacing including coating system overlay and sport texture striping - $16,978.00.  Council Member Tharp would like to see another quote.

-          Received quote to takedown, chip brush, haul away and stump grind trees as follows: 224 Main St SW – 2 16” diameter maples - $650.00. 151 Superior St NE – 2 38” diameter maples $1,000.00

-          Mt. Hope Fence (Frontier Gazebo’s) resubmitting plans to Stark County Building Department for review of the Bimeler Park Pavilion/Gazebo project, scheduled to meet with Chief Building Official on 4/7/2015 to resolve any outstanding concerns

-          Follow-on construction sequence meeting with GPD, village electric personnel, FE personnel & contractor and village contractor (Vaughn Industries) scheduled for April 9th at 10:00 a.m. to finalize cutover sequencing, and functional responsibilities.

-          Street sweeping (Reilly Sweeps) scheduled for April 14th, weather permitting.  Council Member Hilliard asked how many times the Village contracted for the street sweeping.  VA Pauley replied five sweepings.

-          Sweetwater pump station project, next progress meeting scheduled for April 16, 2015.

-          Spring hydrant flushing for the entire village began and will run thru April 10th, weather permitting.

-          Substation changeover electric power outage notices were sent to the small business and large power customers. Notice was printed on the utility bill and included in the newsletter. Additional notices will be sent to all utility customers on April 6th, April 13th and April 20th. Substation cutover electric outage is scheduled for April 25th at 5:00 a.m. and is estimated to last 6 hours. The severe weather date is April 26th at 5:00 a.m.

-          Attended the Auditor of State’s Local Government Officials conference for the following sessions: Zoning for Villages, LEAN Ohio and Share Ohio programs, Protecting your entity while conducting business online, dealing with difficult employees, utilizing the state’s cooperative purchasing program, human resource management, legal updates for Village’s, basic policies for small governments and public records training & Sunshine (Open Meetings) law.

-          Contacted by Engineering Associates, Inc. on behalf of the village of Mt. Eaton to consider providing potable water to Mt. Eaton (letter attached)

-          Engineering proposals / estimates were asked of PDG for the following projects:

Wabash Avenue Waterline - provide two proposals/estimates…one for the replacement of the existing 8-inch water main and one to replace both the 8-inch and 4-inch mains.  Recommended to consider replacing the 4-inch main with a new 8-inch main if you end up replacing both mains.  The difference in cost would not be all that significant and it would provide better redundancy if you ever had to shut one of the two lines down in the future.

Wabash Avenue Sidewalk and Storm Sewer - a proposal/estimate to remove and replace approximately 240 feet of storm sewer beneath the underpass.  Also included with the proposal is the removal and replacement of the curb, sidewalk and railing. Provide both a stand-alone estimate for this project and an estimate if the work was done concurrently with the water main project.

Water Distribution - preliminary investigation to determine whether or not it is feasible to look at selling water to Mt. Eaton.  (System capacity and system capability).

 East Second Street, West Second Street were determined to be candidates for microsurfacing. After the rep reports back to us, we will provide the Village with estimates for consideration. Park Ave was not determined to be a candidate for microsurfacing.

Council Member Mackey stated Mrs. Radich at the corner of Fourth Street and Washington feels there is a tree on Village property that is a hazard and needs to be removed.  Mackey would like to at least have an arborist take a look at it.

Council Member Tharp asked if the street gutters are cleaned before the street sweeping occurs.  VA Pauley stated they are not.  Council Member Tharp requested that the Street Department remove the leaves and debris before the streets are swept.

Council Member Hilliard asked the VA if he would be doing employee evaluations.  He stated he planned on it.

VILLAGE MAYOR: Mike Schwab

Council Letter of Appreciation to Elliot’s Auto Repair and Huntington Bank provided for Council signatures.

Council Letter of Appreciation to LaVonne and Ray Heitger for their work on the Easter Egg Hunt provided for Council signatures.

Management Waste District: Brewster Yard Waste drop-off site selected as one of 15 sites for 2015 program; meeting on 03/25 attended by Paul Mackey & Mayor; Notes from meeting provided to Council.  Mayor provided information about two grants available for operating and improving drop off site.

Village Codification Progress: American Legal Publishing, near the end of April we will receive a legal/editorial reportfor our review.

Village Hall remodel report for Council.

Article from the OML Cities & Villages publication – “Expensive Lesson in Open Meetings”

Council Member Godwin asked why the village would want to take on the additional yard waste and the expenses associated with it.  Mayor Schwab stated Stark-Tuscarawas-Wayne Waste Management District chose Brewster.  Council Member Tharp asked what it costs the Village.  Mayor Schwab stated the cost to maintain the site.  Council Member Hilliard stated he thought the Street Department had to purchase a special part for the front of the loader.  He would suggest prohibiting business from dumping at the site.  Council Member Tharp said he doesn’t think we know how lucky we are to be able to offer this service to our residents.  It was suggested to allow a year and then evaluate the cost versus benefits of the program.

VILLAGE CLERK-TREASURER:Kris King

March and year to date reports provided to Council.

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

I attended the Auditor of State's Public Records class on March 31st.  I registered myself as designee for Councilmen Godwin, Hilliard, Hawk, and Tharp and Mayor Schwab to meet their hour’s requirement for the state.

Replied to a portion of the California Common Sense record request.  They are requesting financial information going back to 2008.  I had a question before completing one part and am still awaiting for their response.  It's been three weeks since I sent it.  I asked the room at the public records class if anyone else had received this request and there were a lot of raised hands.

The Easter Egg Hunt was held on April 4th at noon with the Moose serving free hot dogs to the children following the hunt at the lodge.  I took a seven year-old and he enjoyed it.

Tree City USA will be held Tuesday, April 28th in East Palestine.  No one has expressed interest in attending this year.

We currently have two ongoing Worker's Comp cases.

I attended classes at both the Bureau of Worker's Comp's 2015 Safety Congress and the Auditor of State's Conference.  This will fulfill the Village's education credits for a reduction of our premium.  The number of hours I am required by the State Auditor's Office is not clear at this time but I know that I have accumulated 6.3 hours by attending this conference, of which 3 hours were for Public Records and Open Meetings. 

VILLAGE SPEAKS: Communications Received by Council members from Village residents

From resident: request for Village Spring Clean Up

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

Utility Committee Work Minutes from March 9th and March 16th (Council copies)

Street Committee met this evening – Street Levy & painting of parking spaces in downtown area

Council guidance: Fate of old refrigerators in Bimeler Refreshment Stand

Reminder: Area Tree City USA celebration is in East Palestine on April 28; reservations must be made by April 10 at $15 each.

Council Member Tharp discussed the Elected Officials’ Conference put on by the Auditor of State’s Office and why it is important that our officials attend.  It provides the tools to make better decisions.  He reviewed his classes and explained how they benefitted the Village.

REMINDERS:           

Council of the Whole Work Session April 20 at 6 pm – Council Rules

Arbor Day in Ohio is Friday, April 24

Village Wide Electric Outage April 25 beginning at 5 am

Finance Committee Work Session May 4 at 6:30 pm

Drug Free Safety Training Meeting on May 5 – morning & evening sessions   

EXPENDITURE REQUESTS from past Meetings:

PROPOSALS PENDING:

From Councilman Mackey – Update of Council Rules

From Council: A Replacement Fire Levy on November Ballot

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

From Councilman Hilliard: Review of Village Official Salaries

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

From FD Chief & Mayor – Creation of a nonpaying Lieutenant position in FD

From Mayor – Engineering for Utility Projects (Underpass replacement, McKinley Pole Line, etc.)

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

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 HILLIARD and motion carried to initiate the application process for the annual $2,500 hosting site grant for maintaining the site.  Council Member Mackey thinks we should work with the Street Department to come up with a game plan to put together for a start up grant application for site improvements.  The vote: All yes.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to have curb-side spring cleanup on May 4th through the 7th with no refrigerators, tires, mattresses, building supplies, mattresses, or trash.  The vote: All yes.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to accept the quotes for the removal of the two 16” diameter maple trees and stump grinding at 224 West Main Street at a cost of $650 and two 38” diameter maple trees and stump grinding at 151 Superior St NE at a cost of $1,000.  The vote: All yes.  VA Pauley also mentioned that the sidewalks were disjointed.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to untable the 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.  The vote: All yes. 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY to pass the resolution as presented.  The vote: All no.  Motion failed.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to untable the Resolution to Submit a Ballot Issue for the Renewal of a 4 mil Fire Levy for 2016 – 2020 to the Voters for the November 3, 2015 General Election.  The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD to pass the resolution as presented.  The vote: All no.  Motion failed.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to draw up a  Resolution to Submit a Ballot Issue for the Replacement of a 4 mil Fire Levy for 2016 – 2020 to the Voters for the November 3, 2015 General Election.  The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to draw up a Resolution of Necessity for the Replacement of the 4 mil Fire Levy for 2016 – 2020 and Requesting that the County Auditor Certify Tax Valuations and Revenue.  The vote: All yes. 

COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to expand the scheduled Finance Committee work session on April 20th to start at 6:00pm to discuss cell phone reimbursements.  The vote: All yes.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to have the old refrigerators removed from the back room of the concession stand.  The vote: All yes.

COUNCIL MEMBER HAWK MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to create an ordinance establishing a non-paid Lieutenant position within the Fire Department.  The vote: All yes.

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

Respectfully submitted,

_____________________________________

K. Kris King, Village Clerk-Treasurer

____________________________________

Mike Schwab, Mayor