May 4, 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.
MEMBERS PRESENT:
VILLAGE OFFICIALS/EMPLOYEES PRESENT:
MINUTES FROM THE APRIL 20, 2015 REGULAR COUNCIL MEETING:
Mayor Mike Schwab asked if there were any additions or deletions to the April 20, 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 APRIL 23, 2015 REGULAR SPECIAL COUNCIL MEETING:
Mayor Mike Schwab asked if there were any additions or deletions to the April 23, 2015 Special Council meeting minutes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN 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 $350,868.20. The vote: All yes.
Council Member Godwin stated there seems to be an issue at the trailer park sewer system and asked if it was the Village's issue or the trailer park's issue. It was stated it was in part coming from the railroad's disposal of "kim wipes".
Council Member Hilliard wanted to make sure the mini-excavator was actually needed or being rented to show that the Village needed one. VA Pauley stated it was rented to ensure minimal damage to areas being worked on. The areas were in the play area in the park, a drainage issue on Elton St, and putting in a culvert for 69kV T-line.
GUEST:
Dwight Niederkofler, GPD Engineering, attended to report on the electric system's Harmon substation cutover and system reliability issues. He discussed vegetation management easements and how the Village may need additional easements. He discussed the southside substation maintenance, testing, and upgrades. He stated the biggest threat to the system is tree trimming along the 69kV T-line. An ongoing, long-term tree trimming program needs to be implemented. Council Member Mackey asked what needs to be done right now. Mr. Niederkofler stated priority trees need to be identified. These are the dead/dying/dangerous trees. A three-to-five year maintenance rotation plan should be established and continued. Mayor Schwab thanked him for all his hard work and time on this project.
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.
No one wished to speak.
Others in the attendance: Ray Heitger, John Barkan, Cindy Mackey and Ann-Margaret Lambo.
CONSIDERATION OF ORDINANCES:
Second Reading: An ordinance authorizing the creation of a non-paid Lieutenant position in Fire Department.
Second Reading: A resolution approving placing a 4 mil Replacement Fire Levy on the November 3rd Ballot.
Second Reading: A resolution approving a Request to the County Auditor to Certify Property Valuations for a 4 mil Replacement Fire Levy.
MUNICIPAL DEPARTMENTS:
FIRE DEPARTMENT:Chief Chris Colucy
Making preparations for the Firemen’s Festival May 27 – 30. The Fire Assocation is requesting a donation of $2,500 towards the fireworks display at the festival. Council Member Hilliard stated he thought that the fireworks were being covered by the Firemen’s Association after the discussion concerning the repairs to Unit #151. Council Member Hilliard asked for the balance in the Firemen’s Association’s bank account. Council Member Tharp stated that the association was a separate entity of the village and he had no right to ask for their account balance. He also feels that the fireworks are a great asset for the village and brings people into the village.
Chief Letter: Recommends Nicole Korn as a Probationary Firefighter pending physical, drug screening, and background check. Council was provided with a copy of the letter.
Chief Colucy stated that the first round of the turnout gear grant awards was out. He is just waiting for a letter to see if the Brewster Volunteer Fire Department is one of the recipients.
Unit #151 should be returned from Sutphen following significant repairs later this week.
Chief Colucy stated the department did a great job on the recent Pratt structure fire.
Chief Colucy stated the department has had 221 calls so far this year compared to 188 calls last year at this time.
Council Member Godwin stated that when it comes to the fireworks donation, council just wants to be fiscally responsible by asking all the right questions. He also wanted to commend the fire department and stated that Asst. Chief Mike Maybaugh did a great job leading the department during the Pratt structure fire.
POLICE DEPARTMENT: Chief Harry Porter
The Mayor and the Chief are working on a grant through the Ohio Attorney General to help fund the School Resource Officer.
Request from DARE Officer Rossiter for a donation of $1,500 to the Fairless DARE Program sponsored by the Village Police Department.
Chief Porter represented the Brewster Police Department at Cornerstone Baptist Church where the department received a plaque of appreciation for their public service.
The ballistic vest grant program is available once again. The department is eligible for a 50% reimbursement grant for the $7,697.50 cost of nine vests and two carriers. Council Member Fox asked what the life is on these vests. Chief Porter stated 4 years, that is why they offer the grant program every four years. Council Member Tharp asked the Clerk which fund it would come out of. Clerk King stated it would come out of the General Fund and the reimbursement would then be placed into the General Fund. Council Member Godwin asked if it was an emergency or if it could wait until next meeting to approve as the Rules of Council require. Chief Porter would like to see it passed if at all possible tonight because then the department could get measured this week and get things moving on the grant.
The DARE Grant and the DARE donation were discussed. The DARE grant money goes in the General Fund to reimburse a portion of the personnel expenses and the donation money goes into the DARE Fund to run the program and other expenditures associated with the program.
VILLAGE SOLICITOR:Attorney John Anthony
Solicitor Anthony is looking into ordinances for junk cars and the abatement of nuisances. He has looked in the Ohio Basic Code and hasn’t found anything that addressed junk cars. He stated the language is very vague. He stated the best remedy would involve amending the Zoning Ordinance. Possibly classify keeping junk cars in the yard as a salvage yard and then use criminal prosecution as a deterrent. Council Member Tharp asked how long the prossess would take. Solicitor Anthony spoke about repeat offenders. He is looking at something that contains abatement language. Council Member Mackey stated we need to inforce our zoning and give it some teeth.
COMMUNICATIONS:
NEFCO Spring 2015 Bulletin: Stark County Failing Home Sewage Treatment Systems Priority Analysis: Justus and Harmon are included in the “priority” areas (Council copy).
Ohio Water Development Authority (OWDA) 2014 Annual Report (available for review).
Ohio HB 47 signed by Governor Kasich last Thursday – Council Copy of a synopsis from Sunday Repository. The bill affects cities over 35,000 in population and entertainment zones which will allow open containers of alcohol.
VILLAGE ADMINISTRATOR:VA Robert Pauley
Administrator’s report for period 04/20/2015 thru 05/01/2015:
- Street department reports the Recycle Center Garage Door addition project scheduled for rough framing inspection on Wednesday, Wayne Door scheduled to install Thursday, Wood Electric to complete electrical installation, streets department to pour concrete pad & drainage work.
- T-swing (ADA compliant) installed in playground area east at Bimeler Park. Street department personnel placing playground (fall-cushioning) mulch in play areas.
- Second scheduled street sweeping (Reilly Sweeps) is May 19th – weather permitting.
- Street Department, with assistance from other departments, began Curbside Spring Cleanup – cleanup continues May 4th thru 7th.
- Sweetwater pump station project, next progress meeting scheduled for May 21, 2015. Anticipated project completion, with allowances for severe weather delays, is June 11, 2015
- Electric department – Harmon Substation changeover accomplished April 25th. Dwight Niederkofler, GPD to brief council on timeline of events.
- Recommendation from arborist to remove gall-infested red oak (mature, past prime, signs of prior lightning strikes) north-west corner 4th St & Washington Ave. Tree is within village right-of-way. Removal & stump-grinding $1,850.
Council Member Hilliard would like the VA to order replacement swings in the park.
Council Member Mackey asked where the VA was on the GIS Project. VA Pauley stated it would cost $32,000 for the Sewer, Water and Storm Sewer systems. This would involve the Village marking where the lines are and RCAP comes in and inputs the GPS coordinates. The site will be hosted by RCAP. He stated that he will sign off on this project this week. He will then begin on the Electric mapping in about a month. Part of the Electric System is outside the Village and will involve more data.
Council Member Mackey wants to see the engineering for the review of the Water Treatment Plant and the infrastructure improvements needed. He stated the Village needs to be ready to accept new customers . In order to do this, we need to have a better understanding of the status of the plant. We need to know the capacity and capability of the plant. VA Pauley stated that Poggemeyer Engineering is waiting for data from Superintendent Pepper before proceeding with estimating the cost of the engineering.
Mayor Schwab recommended that council direct VA Pauley to request the engineering for the waterline and storm sewer that runs under the underpass.
Council Member Mackey requested the status on the Mayor’s request of the review of water rates. Mayor Schwab stated that he and assistant utility clerk Tammy Fox are working on it.
Council Member Mackey asked the VA if we had accurate maps of the water system? He asked what the daily cost is to run our system? He stated the question has come to his attention three times over the last few months. He stated these are needed to determine if we are competitive with other communities. Our businesses just want to make sure we are in the ballpark.
Council Mackey asked what we are doing to accommodate the additional deposits to our yardwaste area. VA Pauley stated we are hauling out three loads per week. There have been large amounts of construction materials being dropped off. Council Member Mackey asked how much time we are spending shuffling materials being brought in from outside of Brewster. It was stated that there was a significant amount and a floor plan of the area needs to be established. There are two grants available: a start-up grant and a hosting grant. Council Member Hilliard stated there needs to be someone patrolling the area. Council Member Godwin stated he has recommended putting up cameras for years.
Council Member Mackey asked if an ordinance or just a motion was needed to have the tree taken down at west 4th and Washington. It was stated a motion was sufficient. Council Member Tharp stated that VA Pauley was hired to be the Village Administrator and needs to be allowed to do his job. Council needs to trust him and stop micro-managing everything in the village.
Council Member Hilliard stated that the bottom of Muskingum Avenue is being used as a yard waste dump. He requested a no dumping sign be put up.
Council Member Tharp brought up a village compost site. He asked if there was any place to put it. VA Pauley stated there are permits that need to be obtained for a compost site of over one acre. There are also odor and leachate concerns. The village would have to purchase a tub grinder, screen the material and it would have to be turned on a regular basis. Theses three issues do not make it feasible for the village to have a compost site.
VILLAGE MAYOR: Mike Schwab
Letters of Appreciation to Bell Stores and the Brewster Car Wash presented to council for their signatures.
Attorney McCallin Advisory: Pending litigation case scheduled for trial 08/27/2015; deposition deadline lapsed on 04/30/2015 and both our Village Attorney and Walker Attorney have until 06/05/2015 to file Briefs; Briefs are intended to hit the high points of the arguments for and against the case and to convince the Judge to make a ruling prior to the trial.
VILLAGE CLERK-TREASURER:Kris King
Check register for tonight's meeting provided for Council's signatures.
We received the Legal and Editorial Research and Report from American Legal Publishing. I will be reviewing the documents over the next several weeks.
The FirstEnergy payment for the 1.5 miles of the 69kV line is pending and should be in the account tomorrow.
Sewer Project Update: We currently have used $2,859,819 of the $5,150,504 encumbered through the OWDA. The estimated first payment of approximately $128,763 will be due 01/01/2016 if the project stays on schedule.
April financial reports were put in Council's mailboxes last Friday for review.
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 Committee minutes from 04/20/2015 – Council Rules review
Council Member Hilliard reported on the Finance Committee Work Session this evening – The five funds that receive quarterly transfers from the General Fund were discussed. The recommendation was to make the following adjustments: Street Equipment from $5,000 to $2,500 quarterly, Street Resurfacing from $2,000 to $5,000 quarterly, Police Car and Equipment from $2,000 to $6,000 quarterly, Parks and Grounds from $2,500 to $2,000 quarterly, and suspend the transfer to the quarterly Recreation Fund.
REMINDER: Drug Free Safety Training Meeting on May 5 – 9 am, 10:15 am, & 7 pm sessions
Council of the Whole Work Session on May 18 at 6 pm
Firemen’s Festival May 27 – 30 Parade on May 28
Brewster Garage Sales August 14 & 15
EXPENDITURE REQUESTS from past Meetings:
Request for additional materials to complete Village Hall remodel (Council copy of material list). Total for all items = $ 870.00
Council Member Mackey brought up other items he feels need to be completed at Village Hall. He provided quotes for both the completion of several more project and a new electronic bulletin board for out front of Village Hall to advertise community activities.
PROPOSALS PENDING:
From Councilman Mackey – Update of Council Rules
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 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
From Chief Porter: - Full-time Police Officer cell phone reimbursements
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 MACKEY and motion carried to suspend the rules requiring council to wait one council meeting to approve an expenditure request and approve the purchase of 9 ballistic vests and 2 carriers with a 50% of the $7,697.50 cost coming from a reimbursement grant. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to appoint Nicole Korn as a probationary firefighter pending a physical, drug screening, and background check. The vote: All yes.
COUNCIL MEMBER MACKEY, SECONDED BY COUNCIL MEMBER FOX to approve the removal of a tree at the corner of West 4th Street and Washington at a cost of $1,850. Council member Tharp stated he would be voting no because he feels that this is not council’s job and that the VA should be allowed to do his job. Council Member Mackey withdrew his motion. Council Member Fox withdrew his second.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to have an ordinance drawn up to amend Ordinance 12-2011 to reflect the following changes to the General Fund quarterly transfers: Street Equipment from $5,000 to $2,500 quarterly, Street Resurfacing from $2,000 to $5,000 quarterly, Police Car and Equipment from $2,000 to $6,000 quarterly, Parks and Grounds from $2,500 to $2,000 quarterly, and suspend the transfer to the quarterly Recreation Fund. The vote: All yes.
Council Member Hilliard stated that the “Village Speaks” section had been overlooked and he wanted to say that the Historical Society’s Musical program was excellent. They had great food and great music. Everyone should attend the next presentation. He also stated that they are looking for new members. The dues support the museum. He recommends that everyone take the time and visit the museum.
COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to schedule a Council of the Whole worksession to discuss additional Village Hall remodeling, an electric message board, and other items on Monday, June 1st, 2015 at 6 PM. The vote: All yes.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to suspend the rules requiring council to wait one council meeting before approving an expenditure for a $1,500 donation to the DARE Fund after discussing the timetable for the purchase of t-shirts for the 2015 DARE class. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX to approve a $40 cell phone stipend for the five full-time police officers. He feels the department is unique and doesn’t want to see this dropped. Chief Porter stated that a police officer is a 24/7 position. Council Member Mackey would like to discuss it in the Council of the Whole worksession on the 1st of June. John Barkan, HR Consultant discussed cell phones and the Fair Labor Standards Act. Council Member Tharp and Council Member Fox withdrew their motion.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to add the cell phone policy to the agenda for the Council of the Whole worksession on June 1, 2015 at 6:00. The vote: All yes.
Fire Chief Colucy briefly discussed a traffic signal emergency pre-emption. Mayor Schwab asked the cost of the system and Chief Colucy stated he would get back to Council with prices. VA Pauley stated that there are a number of different options.
Chief Porter stated that the seven of the ballistic vests that Council has just approved would need carriers. He stated they were scheduled for a price increase of $30 shortly and suggested Council purchase them before the price increase.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to approve the purchase of seven ballistic vest carriers and the addition cost come from the General Fund. The vote: All yes.
Council Member Tharp asked Chief Colucy how much lead time is needed for the donation for the fireworks. Chief Colucy stated the association has already made a $4,000 payment and has to pay the balance at the time of setup.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX to suspend the rule requiring Council to wait one meeting to approve an expenditure and donate $2,500 to the Firemen’s Association for the fireworks. Council Member Mackey stated he felt better just donating to the association instead of donating money to be blown up in the air.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to amend the motion to donate $2,500 to the Firemen’s Association from the Parks and Grounds Fund. The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to approve schedule a Parks and Ground Committee worksession on June 15, 2015 at 6:30 PM. The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to adjourn the meeting at 8:58pm.
Respectfully submitted,
K. Kris King, Village Clerk-Treasurer
Mike Schwab, Mayor