January 21, 2013 - Meeting Minutes

MINUTES

BREWSTER VILLAGE COUNCIL

JANUARY 21, 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 K. Kris King followed by the Pledge of Allegiance.

 

MEMBERS PRESENT:

Mike Schwab, Mayor

Sherri Bichsel, Council Member

Dave Duff, Council Member

Dave Godwin, Council Member

Tom Hilliard, Council Member

Jay Huff, Council Member

Steven Tharp, Jr., Council Member

 

VILLAGE OFFICIALS PRESENT:

Keith Creter, Patrolman

K. Kris King, Clerk-Treasurer

Al McCallin, Solicitor

Mike Maybaugh, WWTP Supt.

Rick Patterson, Street Supt./Fire Chief

Harry Porter, Police Chief

 

MINUTES FROM THE JANUARY 7, 2013 REGULAR COUNCIL MEETING:

Mayor Mike Schwab asked if there were any additions or deletions to the January 7, 2013 Council meeting minutes.  There were none.

 

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

 

PRESENTATION OF BILLS:

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to accept the bills for the amount of $ 357,346.79.  Council Member Hilliard asked about the bills for the new electric garage.  The vote: All yes.

 

AUDIENCE:

The following residents were present: Dale Fox, Paul and Cindy Mackey, Greg Charters, and Linda Taylor.

 

CONSIDERATION OF ORDINANCES:

An ordinance adjusting the wage and certain benefits of Village employees (2% increase in 2013) was given third reading. 

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHSEL to bring the ordinance forward for passage.

 

COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER HUFF and  motion carried to table the ordinance.  Council Members Duff and Tharp stated it has been discussed for 19 weeks and is time for a vote.  The vote: Hilliard, yes; Huff, yes; Tharp, no; Bichsel, yes; Duff, no; Godwin, no.  Results: Tie vote.  Mayor Schwab voted to table the ordinance.

 

ORDINANCE 02-2013: An ordinance providing procedures for the opening of unimproved platted alleys and streets was given third reading.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to pass Ordinance 02-2013 as read.  The vote: All yes.

 

An ordinance modifying Ordinance 10-2000 which established a Community Reinvestment Area was given second reading.

 

An ordinance creating a non-paying Neighborhood Watch Officer position in the Village Police Department was given first reading.

 

An ordinance establishing permanent appropriations for 2013 was given first reading.

 

ORDINANCE 03-2013: An ordinance approving, adopting, and enacting American Legal Publishing's 2013 Edition of the Ohio Basic Code of Ordinances was given first reading.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to suspend the rule requiring three separate readings and bring forth the resolution for passage.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to pass Ordinance 03-2013 as read.  The vote: All yes.

 

RESOLUTION 04-2013: A Resolution of Congratulations to Roger Carpenter was given first reading.

 

COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to pass Resolution 04-2013.  The vote: All yes.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP to untable the ordinance setting the elected officials compensation that was tabled on December 17, 2012.  Council Member Hilliard stated if the Council and Mayor aren't eligible then the Clerk should not be eligible.  Huff asked if the concerns that Council Member Bichsel has with the other wage ordinance relate to this ordinance.  She stated they didn't.  The vote: Hilliard, no; Huff, no; Tharp, yes; Bichsel, yes; Duff, yes; Godwin, yes.  Motion Passed.

 

ORDINANCE 05-2013: An Ordinance setting Elected Officials' compensation was given third reading.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to pass Ordinance 05-2013 as read.  The vote: Huff, no; Hilliard, no; Tharp, yes; Bichsel, yes; Duff, yes; Godwin, yes.

 

MUNICIPAL DEPARTMENTS:

Fire Department: Chief Rick Patterson

Chief Patterson requests purchasing two portable radios at a cost of $ 552.00 each and a pair of boots at a cost of $ 300.00.

 

Chief Patterson would like to send two firefighters to the Howell Auto Extrication class at a total cost of $ 1,150.00.

 

Mock disaster Exercise will be on Tuesday, April 2nd from 5:30 to 9:30pm.  This will lead up to a full day/8 hour mock disaster at the railroad.

 

Dairy donating two houses on W. Seventh Street for a controlled burning exercise for the Fire Department for fire training.

 

VFIS will be just under $2,000 per year.  Chief Patterson stated over $39,000 in benefits have been paid out over the last nine years.

 

Council Member Godwin asked who would be going to the extrication class.  Chief Patterson stated they post a sign up sheet and those that haven't gone before get first option.

 

Council Member Huff asked Chief Patterson if any of these requests needed to be passed under emergency.  Chief Patterson stated VFIS is due in February.

 

Mayor Schwab asked the Chief to explain the mock disaster.  The Chief stated there were two groups in different rooms.  The first group describes the emergency and the second group reacts on paper.

 

Police Department: Chief Harry Porter

Chief Porter gave Council a copy of the License Plate Reading System Policy.

 

Chief's Letter: Appointment of Officer Keith Creter to Captain in the Police Department.  Mayor concurs with Chief's recommendation and requests that Council approve the appointment.  Council Member Huff asked why a new officer is being promoted as opposed to Brewster's experienced officers.  The Chief stated he has been here for nineteen years watching and listening.  This is what he feels is best for the department.

 

Council Member Hilliard stated he has been contacted about a resident that had their house broken into.

 

Mayor Schwab asks Council to approve his appointment of Officer Creter as Police Captain.  The Mayor advised that he has spoken with Prosecutor Chapanar and two area Police Chiefs and was advised by each that they believe that of the current staff, Officer Creter is the best choice for Captain.

 

COUNCIL MEMBER DUFF MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to go into executive session to discuss an employee promotion at 7:20pm.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER DUFF and motion carried to close executive session at 7:50pm.    The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to promote Officer Creter to Captain immediately.  Council Member Huff would like to know how the rest of the Police Department feels.  Council Member Tharp stated that appointments hadn't been questioned before so why now.    The vote: Hilliard, yes; Huff, no;  Tharp, yes;  Bichsel, no; Duff, yes; Godwin, yes.

 

 SOLICITOR: Attorney Al McCallin

Working on several items with the Mayor and Council.  He also advised that through very preliminary research on the ORC that any wage increase for elected officials, including the Village Clerk-Treasurer, is applicable only to the ensuing term of office for that official.  He was asked to further check into this issue for the next meeting.

 

COMMUNICATIONS:

StarkCounty Regional Planning: Tax Incentive Review Council Appointments.

 

Columbia Gas: All area customers have had Automated Meter Reading(AMR) devices installed that will make all future bills based on monthly readings.

 

Council Member Godwin brought up reimbursing employees for steel-toed boots every two years.  Many other Council Members stated they thought this had already been approved.  It had only been approved for the Electric Dept.

 

VILLAGE ADMINISTRATOR: Steve Hartman-absent

Progress on ADA Restroom & Attic Storage area; Mayor suggests Council check it out.

 

Report on Ohio Valley Energy proposal in Elm   Street area.   Mayor provided a copy of his minutes.  The drilling is Clinton style.  It is shallow drilling.  It will last five to six days and they have made an offer of $ 6,500 for the lease agreement for the Village's 12.50 acres of that area's Village streets and right of ways..

 

Quotes for a replacement of 285 lf of 8 inch sanitary sewer line on E. Second Street; including all labor, equipment, materials, & restoration of asphalt pavement;             (failure of this section may undermine street):

                        Wenger Excavating, Inc. (submitted 11/21/2012)      = $ 43,834.00

                        Bachtel Excavating, Inc (submitted 12/17/2012)       = $ 47,465.00

 

Council Member Hilliard asked Supt. Maybaugh if Wenger Excavating was fine with him and Council Member Huff asked if they had worked with them before.  Supt. Maybaugh was fine with Wenger and has worked with them on a railroad job.

  

MAYOR’S REPORT:

Council copies: 2013 Council Rules w/two approved modifications, & 2013 Village Government info sheet.

 

Zoning Board of Appeals met on January 17^th and approved a variance for a new 91 foot Storage Silo at Brewster Dairy.

 

Mayor’s Monthly Statement to Council: Money’s collected by the Police Department =$ 7.25.

 

Mayor Schwab recently had breakfast with several Township Trustees and the Mayor of Wilmot to touch base.

 

Mayor’s Annual Funds Review/2013 Statement to Council.  Council received a hard copy of the information which the Mayor briefly reviewed.

 

Mayor Schwab provided recommendations for possible modifications to ease some of the burden on the General Fund.  Council received a hard copy of the information.

 

Mayor Schwab would suggest that Council have "Show & Tell" Department Meetings when weather gets warmer; schedule as Council of the Whole visits to each department facility.

 

VILLAGE CLERK-TREASURER’S REPORT: A handout provided

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

 

Local Government Officials Conference is scheduled for April 3rd & 4th.

 

Village Debt report for 2013 provided which shows the Village's debt obligations and their duration for each department..

 

Sent a draft of Stale Date Check Policy to Solicitor McCallin for review.

 

"VILLAGE SPEAKS":

Online Poll for Trick or Treat (ran until 01/16) 36 votes and 64%  were in favor of traditional weekday evening.

 

From Andy Codispoti: Suggests that Council purchase lighting and decorations for the boulevard for 2013.

 

Council Member Hilliard stated a concerned citizen called because his house was broken into.  He was glad no one was hurt.

 

Council Member Godwin received a complaint that the snow pile at the car wash is blocking the view of traffic when trying to get out of Elm Street onto Wabash.  He also stated that there is still parking issues on 5th and 6th Streets at Wabash.  Chief Porter is to contact the Pastor and Priest of the two churches.

 

COMMITTEE OR COUNCIL REPORTS:

Employee Committee minutes from January 7th meeting.

 

Council Member Tharp reported on the Utility Committee meeting held at 6pm this evening.  He provided seven options for on-call for the Electric Department.

 

Council Member Duff reported on the Parks and Grounds Committee meeting held at 6:30pm this evening.  They were discussing a garage for the Police Department.

 

Councilman Tharp, Clerk King, VA Hartman, & Mayor met with current employee health insurance agent Brian Savage on January 8^th to begin review of 2013 employee health insurance; some issues continue.

            Employee Health Insurance renewal by 05/01; NOTE one month additional time

 

*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

 

Reminders:     Economic Development Committee meets on 02/04 at 6 pm;       

                       

EXPENDITURE REQUESTS from past Meetings:

VFIS accident insurance renewal is due in February and will be around $ 2,000/year.

 

PENDING PROPOSALS from past meetings:

Elton Street/N. Wabash Avenue Intersection Upgrades-Engineering Associates working with ODOT.  Mayor would suggest that as part of the 2013 Street Program that both lanes on East Elton be upgraded for truck traffic.

 

Police Garage proposal: Architect Jeff Day's has provided estimates of $ 134,500+.  Stand alone garage suggested; Parks and Grounds Committee to meet on 01/21/13.

 

A Village Social Media Policy from the Mayor; referred to the Employee Committee.

 

On Call schedule for the Electric Utility; Referred to the Utility Committee for review.

 

Draft of an ordinance from Mayor: restricts the parking of commercial and recreational vehicles and trucks on residential streets (referred to Street Committee); to address recent and past issues.

 

Draft of an ordinance from Mayor: ordinance that updates and outlines Full Time & Part Time Employee Benefits (referred to Employee Committee) urge Council to separate from Wage ordinance.

 

OLD/NEW BUSINESS:

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to draw up an ordinance to modify Ordinance 28-1992 to split the Village Administrator benefits between the Utility Funds.  The vote: All yes.

 

COUNCIL MEMBER HUFF MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to renew VFIS insurance at a cost of just under $ 2,000 from the Fire Fund.  The vote: All yes.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to hire Wenger Excavating to replace the 285 feet of 8 inch sanitary line on East Second St. at a cost of $ 43,834 for the Sewer Fund.  The vote: All yes.

 

COUNCIL MEMBER HUFF MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to waive Council's rule of waiting one meeting to review an expenditure and purchase a pair of fire boots at a cost of $ 300.00 from the Fire Fund.  The vote: All yes.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to buy full time water, sewer, and street employees a pair of steel-toed boots every two years at a cost of up to $ 150.00 each.   The vote: All yes.

 

COUNCIL MEMBER BICHSEL asked Solicitor McCallin to look into the Mayor's suggestion of taking part of the Solicitor's wage out of the Utility Funds.

 

COUNCIL MEMBER DUFF MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to allow the Mayor to spend up to $500 from Parks and Grounds for blueprints for a proposed Police Dept. three stall garage to provide specific plans for contractors' review and quotes.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to have an ordinance prepared that would reduce the percentage transferred from General Fund to Capital Projects from 3% to 2%.  Council Member Hilliard doesn't want it to go below 3%, he would even suggest increasing the percentage transferred into the Capital Projects Fund.  The vote: Hilliard, no; Huff, no; Tharp, yes; Bichsel, yes; Duff, no; Godwin, yes.  Results: Tie vote.  Mayor Schwab stated he thought it was a good move and voted yes to break the tie.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to hold a Street Committee meeting on February 18th at 6:00 to discuss putting the Street levy on the ballot in November.  The vote: All yes.

 

COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to cancel the Economic Development meeting and schedule an Employee Committee for February 4th at 6:00pm.  The vote: Hilliard, yes; Huff, yes; Tharp, yes, Bichsel, yes. Duff, no; Godwin, yes.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to hold a neighborhood Watch meeting on Thursday, February 21st from 6pm to 7:30pm.  Council Member Tharp stated he cannot make that time.  The vote: All yes.

 

COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER HUFF and motion carried to adjourn the meeting at 8:48pm.

 

 

Respectfully submitted,

 

 

 ____________________________________

K. Kris King, Village Clerk-Treasurer

 

 

 ___________________________________

Mike Schwab, Mayor