October 1, 2018 - Meeting Minutes
MINUTES
OCTOBER 1, 2018
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
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 Andrew Hess, Council Member
Thomas Hilliard, Council Member Sydney Radich, Council Member
VILLAGE OFFICIALS:
John Anthony, Solicitor Kris King, Clerk-Treasurer
Michael Miller, Village Administrator
MINUTES FROM THE SEPTEMBER 17, 2018 REGULAR COUNCIL MEETING:
Mayor Mike Schwab asked if there were any additions or deletions to the September 17, 2018 Council meeting minutes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to accept the minutes as presented. The vote: All yes
PRESENTATION OF BILLS:
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to accept the bills in the amount of $ 287,690.65. The vote: All yes.
GUEST:
Jodi Taraschke, 586 Wabash Ave. N., spoke on her feelings for changing trick or treat. She stated that she knows that Council is required to make difficult decisions but should keep to tradition to keep accord. Change is only needed when there are overwhelming needs. She stated safety was the main reason given for the change, but she feels it has been handled very well in the past in the dark and sited the dangers during daylight hours. She feels that with it being dark and spooky, the children and drivers are more aware and less distracted. Ms. Taraschke stated that some dangers were worse in days gone by but that the media has sensationalized the dangers. She offered several ideas to get more community attendance at the party and judging of the costumes. She stated the community was not given their say and respectfully asked that it be rescheduled to the traditional time. Councilman Hilliard thanked Ms. Taraschke for coming. He stated he wants people to get more out of the event. He mentioned in the future having the party and judging before trick or treat. He would like to see more suggestions from residents.
AUDIENCE:
Police Chief Keith Creter, Paramedic Mike Mohler, Asst. Chief/Paramedic Jen Mohler, Officer Joseph Lorenzo and Ray Heitger were in attendance.
CONSIDERATION OF ORDINANCES: Titles of each read by Solicitor John Anthony
ORDINANCE 45-2018: An Ordinance to Authorize a Memorandum of Understanding (MOU) with Fairless School District to Provide a Second School Resource Officer.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion passed to suspend the rule requiring three separate readings and bring the legislation forward for passage. The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to pass the legislation as read. The vote: All yes.
First Reading: Authorize a Contract w/Attorney Ian Crawford as Village Prosecutor from January 1,
2019 to December 31, 2019
First Reading: Authorize a Contract w/Attorney John Anthony as Village Solicitor from January 1,
2019 to December 31, 2020
ORDINANCE 46-2018: An Ordinance to Authorize the Adoption of the Supplement to the Village of Brewster Code of Ordinances was given third reading. (These measures are either Council adopted legislation or O.R.C. additions).
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion passed to suspend the rule requiring three separate readings and bring the legislation forward for passage. The vote: All yes.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to pass the legislation as read. The vote: All yes.
MUNICIPAL DEPARTMENTS:
Fire Department: Asst. Chief/Paramedic Jen Mohler
There will be a bill for Gatchell Grant Writing Services for $695. If we receive the grant, we will owe them 8% of the grant received or $3,000, whichever is less.
There is a burning ban in October from 6 am – 6 pm.
Police Department: Chief Keith Creter
Introduction of Officer Joseph Lorenzo; appointed as a Part Time Police Officer in July of 2016
Mayor’s Letter: Request that Council approve the Mayor’s Appointment of Part Time Officer Joe
Lorenzo to a Full Time Police Officer Position w/the intent to assign him to Fairless Schools as SRO #2. Councilman Godwin shared with Officer Lorenzo that he has a degree in substance abuse and was available as a resource.
Chief’s Letter: Recommends that Joe Lorenzo be appointed as a full time Officer w/the intent to assign him to Fairless Schools as SRO #2.
Councilman Hilliard addressed Officer Lorenzo: Are you good with knowing this is a one-year contract and that the position could be discontinued after a year. Officer Lorenzo was aware and still wishes to accept the position.
Monthly Activity Report - 1037 calls to date. A lot of juvenile issues, 911 hang-ups, and civil cases.
VA Miller reported that two officers and Supt. Patterson would be traveling to look at a former police cruiser to be converted into an SRO vehicle. Fairless will reimburse the Village for the car.
Councilman Godwin asked about a curfew for October. Chief Creter stated the curfew for October for anyone under 18 years of age is 8:00 pm.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to appoint Officer Lorenzo as a full-time Officer pending a physical and drug screen. The vote: All yes.
VILLAGE SOLICITOR: John Anthony
Reports on pending litigation in which the Village is a participant. It was addressed during the Mayor’s portion.
COMMUNICATIONS:
Recreation Board Letter: request $ 500 from Recreation Fund for Halloween Party on October 28th.
Ohio Municipal League Bulletin: Urge Voters to vote No on State Issue 1.
AMP: 2018 Committee Reports (35 separate committees).
AMP: Hydro Phase I Meeting via Webinar on Thursday, October 4 at 1 pm – Council Chambers.
American Legion: Invitation to Veteran’s Day Dinner at St. Therese on November 8 at 6 pm (RSVP).
VILLAGE ADMINISTRATOR: Mike Miller
Administrator’s report for period 9/18/2018 thru 10/1/2018:
- Paving – 2018. Central Allied submitted their bill for paving. As I indicated to Council previously, the bid amounts were estimates based upon unit costs. The original proposals for Village Streets encompassed:
|
Street |
From |
To |
Notes |
|
Willow |
1st Street |
terminus |
pave 1 ½ inch |
|
Park Drive |
Main Street |
7th Street |
1-inch leveling coat |
|
West Main |
Wabash |
McKinley |
grind & pave 1 ½ inch |
|
Tuscarawas |
Chestnut |
Harmon |
Full rebuild Grind/remove 8 - 10 inches 2 lifts of 3-inch base 1 lift 2-inch top coat |
|
Needham |
Wabash |
McKinley |
grind (taper from 1 ½ to 0) & pave 1 ½ inch |
|
Jackson |
Harmon |
Barber |
grind & pave 1 ½ inch |
|
Jackson |
Huron |
South terminus |
grind & pave 1 ½ inch |
|
Oak |
Wabash |
Tuscarawas |
grind (taper from 1 ½ to 0) & pave 1 ½ inch |
The estimated costs versus the actual quantities/billed amounts were:
|
|
Central Estimate |
Central Actual |
Difference |
Percent |
|
Willow |
$4,219.30 |
$4,794.10 |
$574.80 |
13.6 |
|
Park Drive |
$16,468.05 |
$18,910.95 |
$2,442.90 |
14.7 |
|
West Main |
$23,941.43 |
$26,356.23 |
$2,414.80 |
9 |
|
Tuscarawas |
$45,729.60 |
$50,043.59 |
$4,313.99 |
9.4 |
|
Needham |
$12,052.28 |
$12,465.40 |
$413.12 |
3.4 |
|
Jackson (north) |
$7,312.00 |
$8,030.50 |
$718.50 |
9.8 |
|
Jackson (south) |
$5,324.24 |
$6,461.21 |
$1,136.97 |
21.4 |
|
Oak |
$11,346.22 |
$12,377.09 |
$1,036.87 |
9.1 |
|
Total |
$126,393.12 |
$139,439.07 |
$13,045.95 |
10.3 |
The reasons for increases are:
|
|
Reason for Increase |
|
Willow |
Unevenness of initial surface and maintaining positive drainage |
|
Park Drive |
Unevenness and extending widths |
|
West Main |
Filling by new curb, reestablishment of base, and maintaining positive drainage |
|
Tuscarawas |
Expansion of area paved in the intersection of Chestnut and Tuscarawas |
|
Needham |
maintaining positive drainage |
|
Jackson (north) |
Grinding out fabric and extending into intersection |
|
Jackson (south) |
Grinding out fabric and extending into intersection |
|
Oak |
maintaining positive drainage |
- Water Department - Asset Management Plan. We met with our consultant on Thursday September 27, to review the “final” draft of the Village’s Asset Management Plan for the Water Department. I put “final” in quotation marks because the document can and will be updated as we move forward. One of the areas we currently continue to improve is our Valve Exercising Program. Our consultant sent a communication to Ohio EPA noting that the Village had complied with having a final plan completed by October 1st, 2018.
- OPWC - North Water Tower Safety Improvements and Rehabilitation Project.
Construction has begun. Weather did slow things down at the beginning of the week, but the contractor has indicated that they are making good progress. The safety updates, such as railings at the top have been added and hatches have been installed. Sand-blasting the inside and power washing and grinding bare metal on the outside should begin this weekend.
- Solar Project. The Brewster Solar Project continues to move forward. Equipment and materials have been and are still being delivered. Construction is ongoing, with the racking units being installed and other work underway. I will keep Council informed as we move forward.
Councilman Fox asked what the VA had found in his research of electric fences and whether underground dog fences qualified as electric fences in this instance. In 1958 legislation was passed, Section 95.05 that prohibited electric fences, barbed wire, and picket fences. VA Miller stated that the underground dog fences are permitted.
- Fairless Schools
- PD Chief, VA, Village Clerk, and Mayor continue to work with Fairless Supt. Bidlack to place a second School Resource Officer in Fairless Schools
- Chief, VA, and Mayor met with Supt. Bidlack on September 28th
- An updated draft of a Memorandum of Understanding (MOU) was reviewed at this meeting
- As you know the SRO MOU provides guidelines, policies, and the cost sharing provisions involved and would require approval by both the Fairless BOE and Brewster Council
- Legislation authorizing an MOU for the SRO had a second reading this evening
- Chief Creter has updated the School Resource Officer Job Description; copy available for review
- Village Police Officer Joe Lorenzo will attend a 40-hour School Resource Officer Training beginning on October 8, 2018; Officer Lorenzo was sworn in on July 22, 2016; worked as an Officer in the Schools part time at Fairless in March, April, and May of 2018; Officer Lorenzo has been interviewed for the Fairless SRO #2 position by Chief Creter & Fairless Supt. Bidlack and has received the recommendation of both the Chief and the Fairless Supt.
2. Village Planning Commission met on Thursday, September 20th
- Council has a copy of the Minutes from that Public Hearing
- The Planning Commission recommends the following to Village Council:
1. Modifications to current Village Zoning Code Section 153.250 - Modular, Manufactured, and Mobile Homes
2. Modifications to current Village Zoning Code Section 153.120 - R-5 Mobile Home Residential District
3. The addition of Carport language to current Village Zoning Code Section 153.019O - Accessory Buildings under Section 153.019 – Supplementary Regulations
4. The addition of a definition of “Foundations” to current Village Zoning Code Section 153.002 – Definitions
- The above language modifications are included in the copy of the PC Minutes from September 20th provided to Council
- Suggest that Council direct that legislation be created approving each one of the above four modifications to the Village Zoning Code recommended by the Village Planning Commission
- Suggest that Council schedule a Public Hearing to review each one of the above four modifications to the Village Zoning Code recommended by the Village Planning Commission
Suggest November 19, 2018 for the Public Hearing
- Planning Commission will meet again on Tuesday, October 23rd at 7 pm
- Update - Baymere Railroad Crossing
- If you recall in July Chief Colucy attended a Sugar Creek Township Meeting at which the W & LE approached the Trustees about closing the Baymere Road Rail crossing; Chief Colucy advised that the Trustees voiced concern about such a closure
- A letter in support of the Trustees was sent to the Ohio Rail Development Commission to ask that Baymere crossing not be closed
- On 09/19 an ORDC representative emailed to advise that the ORDC has not been contacted by the Township; the ORDC email was forwarded to the SC Township Fiscal Officer
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to go into executive session for the purpose of considering the compensation of an employee(s) of the Village of Brewster. The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to go into executive session with Legal Counsel to discuss disputes involving the Village that are subject to pending or imminent court action. The vote: All yes.
Council, the Solicitor, the Clerk-Treasurer, the Village Administrator, and the Mayor exited the room at 7:45 pm.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to exit executive session at 8:31 pm. The vote: All yes.
VILLAGE CLERK-TREASURER: Kris King
September 18th – October 1st, 2018:
The Recreation Board is requesting a budget of $ 500 for the Halloween party on Sunday, October 28th at 4:00 PM.
September and Year-to-date reports were placed in Council’s mailbox.
Arts on the Boulevard went well. We had about 24 vendors. The weather cooperated.
Number of online utility payments = 97.
American Legal Publishing has completed Supplement S-3. These are inserts for the Village’s Code of Ordinances and will need to be put in each Councilperson’s copy. Please be sure to complete this to keep your books up to date.
I will be at training for the rest of the week in Cleveland. I will be available by phone, text, or email during breaks.
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
1. Special Fire Planning Committee minutes from September 17th
2. SRO Memorandum of Understanding Review Meeting Minutes from September 25th
3. Special Fire Planning Committee minutes from September 26th
4. OML Conference – 10/31-11/02 at Columbus Renaissance Hotel
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REMINDER: Tree Board Meeting Monday, October 1st at 6 pm
Council of the Whole Meeting October 15th at 6 pm
Village Planning Commission Tuesday, October 23rd at 7 pm
Trick or Treat on Sunday, October 28th from 2 pm – 3:30 pm; Party at 4 pm in Bimeler Park
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EXPENDITURE REQUESTS from past Meetings:
1. Mayor/PD Chief: A purchase of a third speed sign at a cost of $ 2,966.00 to be directly wired to Village Electric
2. Donation Requested: Fairless Toy Distribution for Christmas for 300+ children; in past years = $1000
PENDING PROPOSALS FROM PAST MEETINGS:
- From Mayor: Adjustment of Village Clerk’s salary be considered to begin with 2020-2023 term. Provided to Council by VA on May 7th - Council, Clerk, & Mayor Salary Comparable Lists. Committee meeting scheduled for October 15th at 6:00pm.
- From Mayor: 2018 Fire & EMS Budgets submitted to Council: suggest that Council meet to discuss future funding of Fire and EMS operations. A Fire Planning Committee meeting was held this evening at 6:00pm.
- From VA/Mayor: Advertise for Proposals for a Village Solid Waste Opt-Out Program (06/18/18).
OLD or NEW BUSINESS:
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to approve a $500 budget for the Recreation Board’s children’s party after trick-or-treating. The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to schedule a Fire Planning Commission meeting on Wednesday, October 10th at 6:00 pm.
The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to donate to the Fairless Food Cupboard’s 2018 Toy Drive. The vote: Fox, yes; Godwin, yes; Hawk, yes; Hess, yes; Hilliard, abstain; Radich, yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to approve the purchase of another direct wired electronic speed sign at a cost of $2,966. Councilman Hilliard looked at the police report and is excited to see more citations. He also stated the sign is a good tool. He is however, concerned that people get used to it and don’t notice it. Chief Creter stated he is looking for traffic enforcement more than citations. The vote: All yes.
COUNCIL MEMBER HAWK MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to schedule a Public Hearing on November 19th at 6:45 pm for the four modifications to the Village Zoning Code recommended by the Village Planning Commission. The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to create legislation for recommended modifications to Zoning Code Sections 153.120, 153.250, 153.0190, and 153.002. The vote: All yes.
VILLAGE SPEAKS: Communications Received by Council members from Village residents
Clerk-Treasurer Kris King received a complaint about the noise from the railroad yard. The resident stated the engines were revving their engines all night long and woke him up on West Main Street.
AUDIENCE TIME:
Asst. Chief Jen Mohler stated she would like to be consulted in discussions of the Fire Department.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to adjourn the meeting at 8:44 PM. The vote: All yes.
Respectfully submitted,
____________________________________________________
Kris King, Clerk-Treasurer
____________________________________________________
Mike Schwab, Mayor