November 4, 2013 - Meeting Minutes

MINUTES

BREWSTER VILLAGE COUNCIL

November 4, 2013

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

Sherri Bichsel, Council Member

Dave Godwin, Council Member

Tom Hilliard, Council Member

Jay Huff, Council Member

Joe Strausbaugh, Council Member

Steven Tharp, Jr., Council Member

 

VILLAGE OFFICIALS PRESENT:

Steve Hartman, Village Administrator

Kris King, Clerk-Treasurer

Al McCallin, Solicitor

 

MINUTES FROM THE OCTOBER 21, 2013 REGULAR COUNCIL MEETING:

Mayor Mike Schwab asked if there were any additions or deletions to the October 21, 2013 Council Meeting minutes.  There were none.

 

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

 

PRESENTATION OF BILLS:

COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to accept the bills for the amount of $ 81,625.06.  Council Member Hilliard inquired about the $ 9,000 Central Painting bill.  It was explained that this was for the cleaning and power washing of the south water tower.  The vote:  All yes.

 

AUDIENCE:

Dale Fox, 464 Mohican St., stated that the Police Department has been taking a lot of guff for pulling people over.  He was recently pulled over for a tail light being out and had they not done it here, he may have gotten a ticket somewhere else instead of a warning.  They are just doing their job.  He also stated this is how they often get drug busts.

 

Dan Ongkokoentjoro, 676 Tuscarawas Ave, asked if the village had an ordinance on golf carts.  Chief Porter stated golf carts are not permitted on village streets.  Council Member Bichsel asked if they were permitted on sidewalks.  Chief Porter said no.

 

The following residents were present: Ray and LaVonne Heitger, Dale Fox, Paul and Cindy Mackey, Nick Pumneo, Judy Maybaugh, and Toni Hess.

 

CONSIDERATION OF ORDINANCES:

Second Reading: A Resolution providing for the Renewal of a Three Year Contract with Efficiency Smart.

 

Second Reading: A Resolution advising Ohio Valley Energy that the Village will not sign a non-drilling agreement for Zearley Unit 1D Gas Well in north Brewster residential area.

 

First Reading: An Ordinance Authorizing Vacation of a Utility Easement Adjacent to Lot #1493.

 

First Reading: An Ordinance Authorizing Modifications to the Village Employee Handbook.

 

First Reading: An Ordinance Renewing Prosecutor Larry Chapanar’s Contract for 2014.

 

First Reading/Drawn up as an Emergency Measure: An Ordinance Authorizing Purchase of an Electric Aerial Truck at $ 168,285.00 through the Ohio Cooperative Purchasing Program.

 

ORDINANCE 43-2013:  An Ordinance Authorizing Purchase of an Electric Aerial Truck at $168,285.00 through the Ohio Cooperative Purchasing Program.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to suspend the rule requiring three separate readings and bring the ordinance forward for passage.  Council Member Huff stated he does not know very much about this since he missed the last meeting and will abstain from the voting.  Council Member Hilliard questioned the state bid.  VA Hartman stated the state bid on bucket trucks runs November to November.  Dueco(the seller) stated the price will be going up 3% when the state bid price expires.  The vote: Huff, abstain; Strausbaugh, yes; Tharp, yes; Bichsel, yes; Godwin, yes; Hilliard, yes.

 

COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to pass the ordinance as read.  The vote: Huff, abstain; Strausbaugh, yes; Tharp, yes; Bichsel, yes; Godwin, yes; Hilliard, yes.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED  BY COUNCIL MEMBER THARP and motion carried to table the ordinance modifying the employee handbook.  The vote: All yes.

 

Tabled on 09/16/2013 at Second Reading – Adjusting the compensation of Council Members and the Meeting Allowance for Clerk-Treasurer.  Council Member Hilliard stated he wanted to keep this tabled.

 

MUNICIPAL DEPARTMENTS:

Fire Department: Chief Ricky Patterson

Nothing to report.

 

Police Department: Chief Harry Porter

Monthly Department Report; Congratulations to Chief Porter and Department on recent significant arrests.

 

In the process of interviewing a candidate for a Part Time Patrolman to replace retired Officer Gallaher on roster.

 

Council Member Strausbaugh's neighbor's alarm went off at 2:30am.  His wife called the Police Department and the officer on duty asked her what he was supposed to do about it.  He felt this was inappropriate.  Chief Porter will find out who was on duty and have a conversation with them.

 

Chief Porter thanked the Fire Department for all their help during trick-or-treat.

 

Mayor Schwab thanked Judy Maybaugh, Toni Hess, Mary Lou Klein, and Ray and LaVonne Heitger for their work on the party and judging of the costumes after trick-or-treat.  Council Member Godwin thought it would be nice to get the Holy Parish Hall next year if there was increment weather.  He stated they did a wonderful job.

 

SOLICITOR: Attorney Al McCallin

COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to go into executive session to consult with village attorney about pending court action at 7:19pm.  The vote: All yes.  All Council, Mayor, and Solicitor exited the room.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to exit executive session at 7:38pm.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to authorize Kris to provide a check written out to Timothy Rhodes and Attorney William Walker in settlement of litigation in the amount of $ 5,500.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to authorize Attorney McCallin to compose a letter to Attorney Walker concerning the sewer extension.  The vote: All yes.

 

Solicitor McCallin was excused from the meeting.

 

COMMUNICATIONS:

Legion Post Commander Lutz Letter dated 10/26:  Highlights - Lack of Response from Village to their 10/02 letter/price (Village reply letter was mailed 10/25).  Request that Village sell land to Legion if Village does not purchase Building Current Lease with Tax Service expires soon.

 

AMP Mutual Aid Gold Sector Coordinator Gene Post from Wadsworth is retiring on 12/31; Gene was very instrumental in the recovery efforts for the 2006 Tornado in Brewster.

 

First Invoice for Attorney Beck’s legal services in Walker litigation = $ 6856.50.

 

Council Member Bichsel stated she had about two dozen parents state they were grateful that trick-or-treat was rescheduled and asked her to thank Council Member Godwin.

 

VILLAGE ADMINISTRATOR: Steve Hartman

Water:

Water tower telemetric project began today.  They plan to finish tomorrow.

 

North tower fluctuates 9 to 10 feet on average.  Council Member Strausbaugh stated the Hazen and Sawyer stated it operates at 50-95%.  These two numbers don't compare.  VA Hartman stated the first 80 feet of the tower is the legs.  Council Member Strausbaugh requested the VA get a quote on a booster pump.  VA Hartman stated that we will find the weakest parts of the system and blow out lines.  Council Member Strausbaugh stated instead of spending money on a whim to purchase property why don't we invest in the residents' quality of life.  It doesn't hurt to look into it.  Council Member Bichsel asked if we not only hired Hazen and Sawyer to take the measurements but also to determine if the issues were the homeowners.  Council Member Strausbaugh brought up "the should and the shall" of the report.  He stated that the village should provide more than the minimum, he just wants to help the people if we can.  Council Member Godwin asked if he means every neighborhood or just there?  Council Member Strausbaugh stated that is where the problem is right now.

 

Streets:

Department has been working on the Amherst storm sewer.  VA provided one quote and is awaiting more to replace the curb and gutter.

 

Department has been picking up leaves.

 

Supt. Patterson is off this week.

 

Sewer:

Advertising will begin for the Sweetwater Pump Station project beginning next week.  Plans are to open bids in Mid-December and be ready to start in January.

 

Electric:

Still waiting to hear from First Energy concerning the purchase of the 69kV line between Harmon and Warmington Road.

 

An ad for the 4^th lineman has been posted on Monster.com and have received one application to date.

 

Vaughn is being scheduled to work on the substation replacing regulators and putting in smart meters.

 

Hillview extension is progressing.

 

Fencing at garage has been contracted.  It will include automatic closer on the gate.

 

Village:

Three trees were removed.  The tree at 315 - 2nd St. will be moved when Davey is in for the other trees.

 

VA has been working on setting up meetings for cleaning out the run behind the Heitger home.  VA Hartman had reported he has calls into Beaver and Malavite.

 

Council Member Tharp spoke with Bonnie Reidenbach and would like their trees looked at again.  VA Hartman also has an issue with the tree on the corner at their property.  Tharp wants them taken down since we planted them.  Mayor Schwab stated that then we will have to do that for everyone.  The trees were planted in good faith as recommended by the arborist at that time.  Tharp stated we did it before.  Mayor stated if he is going to start this he better have the money behind him to take care of the rest of the people that come in and request it.

 

Council Member Hilliard brought up the $385 Monster bill again.  He asked if George Radich was the only lineman we had that could provide another person the training to become certified.  VA Hartman stated Mr. Radich received his certification from the National Labor Relations Board and unfortunately now the only trainers are the ones coming out of the union hall.  Council Member Godwin asked if the wage was listed in the ad and VA Hartman stated it was not.

 

MAYOR:Mike Schwab

VA Search: Search Committee & EDDS will begin phone interview phase of 14 candidates on 11/09 at 9 am and 11/12 at 6 pm; these meetings will be conducted in executive session as permitted under Sunshine Law for consideration of employment.  Public Notice sent to Massillon Indy.

 

Zoning Board of Appeals Meeting/October 24th a Variance requested by Brewster Dairy for installation of storage             silos adjacent to manufacturing facility on Harriman Street was approved.

 

1000 Fridge Magnet w/Village Contact numbers have been ordered.

 

Hazen & Sawyer advises that Council may want to change authorized official to sign contracts & required documents for Sweetwater Pump Station Project from VA to Mayor; Council may want provide a similar measure for Sheriff’s Sale on Sturm/S. Wabash property.  VA Hartman stated that the Village may also want to check with AMP. 

 

Per Council wishes Electric Supt Jeff Brediger of Orrville was contacted about a “Plan B” for Village outages; as requested in email Orrville Utility Super contacted VA Hartman; VA advised Council of the conversation.  VA advised that Orrville is not interested and the Village may want to contract with a private contractor.  VA advised that contracting with anyone will add significant time to any out age.

 

For Council’s consideration: Draft of a Village Employee Wage Ordinance for 2014, 2015, 2016; as written 3% increase each year with a slightly higher bump in Electric Utility.  This submittal intended to begin discussion.

 

Mayor provided a companion data sheet – a 11/01/2012 – 11/01/2013 comparison of Fund Finances.

 

VILLAGE CLERK-TREASURER’S REPORT: Kris King

Remind Council to look over and sign the check register on the table.

 

Reminder:  Flu shots are November 14, 2013 from 10:30 to 11:30 in Village Hall.  Please bring your insurance cards.

 

Records Imaging upgrade from 7.2.1 to 9.0.3 estimated cost is $ 450.00.

 

Food drive report.  Awesome response from the community.

 

Year-end Ordinances and Resolutions:

            1.         A Resolution of Temporary Appropriations

            2.         An Ordinance of Supplemental Appropriations and Amending Ordinance #8-                     2013.

            3.         An Ordinance Transferring Funds from the General Fund.

            4.         An Ordinance Authorizing Payment(payoff) on the Substation.

 

October Financial reports.

 

Does Council wish to explore an early renewal on the health insurance to postpone being affected by the Affordable Care Act.  Aultcare currently has the Village as a large employer.  Council Member Tharp requested that the clerk get figures from Ohio Insurance Services as soon as possible.

 

COMMITTEE OR COUNCIL REPORTS: : *NOTE: 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 Bichsel: Employee Committee met tonight and discussed the proposed employee benefit changes and any upcoming wage ordinance.  The consensus of the council was to wait for the insurance renewals to come out.

 

Employee Committee 10/21/2013 Minutes provided.

 

VA Search Committee minutes from 10/24; Committee reviewed the 29 resume submittals; this number pared to 14; phone interviews on 11/09 at 9 am & 11/12 at 6 pm.  Copy of minutes provided.

 

October 22^nd Town Hall Meeting at FriendsChurch attended by two Councilmen, two “soon to be” Councilmen, Friends Church Minister, and Mayor.

 

PROPOSALS PENDING:

VA Search Committee: Ordinance Establishing Duties, Salary, & Benefits of Village Administrator.

 

VA Search Committee: Ordinance Providing Appointment & Compensation of Income Tax Administrator.

 

Fate of Hazen & Sawyer Muskingum Water Evaluation Report – Council’s wishes ?  Advise petitioners ? Notice in Far Corner ?  Other means of notice ?

 

OLD/NEW BUSINESS:

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to draw up a resolution for the 2014 temporary appropriations.  The vote:  All yes.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to draw up an ordinance of supplemental appropriations and amending Ordinance #8-2013.  The vote:  All yes.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to draw up an ordinance transferring funds from the General Fund.  The vote:  All yes.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to draw up an ordinance authorizing payoff of the substation, interest, and legal fees.  The vote:  All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to draw up an ordinance to change the authorized official to sign contracts and required documents for the Sweetwater Pump Station project from Village Administrator to Mayor.  The vote:  All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to draw up an ordinance to change the authorized signer for the Sheriff's sale from Village Administrator to Mayor.  The vote:  All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to draw up an Ordinance establishing the Duties, Salary and Benefits of the Village Administrator.  The vote:  All yes. 

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to draw up an Ordinance Providing Appointment & Compensation of Income Tax Administrator.  The vote:  All yes.  Council Member Huff asked which committee should handle this, Finance or Employee Committee? 

 

COUNCIL MEMBER HUFF MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to draw up an ordinance prohibiting use of tobacco on village property.  There was a lengthy discussion about citizens rights and managing people's lives.  Chief Porter discussed enforcing it.  The vote:  Huff, yes; Strausbaugh, yes; Tharp, no; Bichsel, no; Godwin, no; Hilliard, yes.  Mayor Schwab voted yes.  He stated this will give council another chance to vote on it.

 

COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER GODWIN to have two village employees at the Employee Committee meeting.  Council Member Tharp stated he would feel more comfortable with one.  Council Member Huff stated he agreed with Tharp because it will be less intimidating with only one.  Huff stated it only takes one to be a true liaison and that way there are not two employee views but a consensus of the majority of the employees.  Council Member Bichsel stated that more input provides a better perspective.  Council Member Hilliard stated he can see Bichsel's point but agrees that one is better.  He stated have one guy then a backup.  Godwin doesn't know why two would hurt.  Bichsel changed her motion to have one employee representative at the Employee Committee meetings.  The second, Council Member Godwin, was not in agreement with the amendment.   Council Member Huff stated that when he suggested this three years ago that everyone thought it was stupid.  Council member Tharp then seconded the motion.  The vote:  Huff, no; Strausbaugh, no; Tharp, yes; Bichsel, yes; Godwin, yes; Hilliard, yes.  Motion carried.  The employees are deciding who their representative will be.

 

 

COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to hold an Employee Committee Work Session on November 18, 2013 at 6pm.  The vote:  All yes.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HUFF and motion carried to have the Village Administrator get prices for the booster pumps.  The vote:  Huff, yes; Strausbaugh, yes; Tharp, yes; Bichsel, no; Godwin, no; Hilliard, yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to draw up a resolution of congratulations and appreciation for Gene Post's retirement.  The vote:  All yes.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to draw up a resolution of congratulations for the football team, cheerleaders, dancers and the band for an outstanding season.  The vote:  All yes.

 

 

COUNCIL MEMBER THARP MOVED to adjourn the meeting at 8:52pm.

 

 

Respectfully submitted,

 

 

_____________________________________

K. Kris King, Village Clerk-Treasurer

 

 

____________________________________

Mike Schwab, Mayor