March 18, 2013 - Meeting Minutes

MINUTES

BREWSTER VILLAGE COUNCIL

MARCH 18, 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 MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLARD and motion carried to excuse Council Member Bichsel from this evenings meeting. The vote: All yes.

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

Dave Duff, Council Member

Dave Godwin, Council Member

Tom Hilliard, Council Member

Jay Huff, Council Member

Steven Tharp, Jr., Council Member

VILLAGE OFFICIALS PRESENT:

Chris Colucy, Fire Captain/Festival Chairman

Steve Hartman, Village Administrator

K. Kris King, Clerk-Treasurer

Al McCallin, Solicitor

Jen Mohler, Fire Captain/Paramedic

Harry Porter, Police Chief

MINUTES FROM THE MARCH 4, 2013 REGULAR COUNCIL MEETING:

Mayor Mike Schwab asked if there were any additions or deletions to the March 4, 2013 Council meeting minutes. There were none.

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

PRESENTATION OF BILLS:

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HUFF and motion carried to accept the bills for the amount of $ 400,313.19. Council Member Tharp asked if the flow study and project design had already been approved. They had been approved last year. The vote: All yes.

AUDIENCE:

Broc Bidlack, Fairless Superintendent, discussed the new levy going on the May 7th ballot. The school has $1.2 million revenue loss from Federal, State, and Tangible Personal Property Tax. The school is eating into their cash balance which can only last so long. He presented to Council a sheet to explain how the school has maintained a balanced budget and reduced annual expenditures. It also showed the cost for each homeowner and the programs the new revenue would support. There will be a community meeting on April 10th at 7pm at the High School Auditorium.

Chris Colucy, of 5th Street, was in attendance over two months ago and was told the parking issue on 5th Street would be taken care of. There was supposed to be no parking signs and the curbs were to be painted yellow so people would know where not to park. He wanted to know if something was going to be done or if it was just going to be dropped. VA Hartman stated it has to be 55 degrees and dry for three days in order to paint the curbs. The Mayor suggested that the signs be put up now and the painting done when the weather permits. Council Member Tharp asked Chief Porter if the churches had been contacted. He stated that without proper signage, nothing can be enforced.

The following residents were present: Dale Fox, Paul Mackey, Andrew Wood, Ray and Lavonne Heitger.

GUEST:

Dennis Boen, Huntington Insurance, presented a health insurance proposal. The current policy has two problems: the second card and the drug card. He discussed Aultcare and Medical Mutual options. Council Member Tharp asked if the employees could have more than one option of policies. Mr. Boen stated it could be possible but it is harder to administrate. Council Member Duff asked if it was illegal to have two insurance companies. Mr. Boen stated as long as you are not paid twice for the same claim. He discussed the 60 day notice requirement of changes made other than at 5/1 renewal.

CONSIDERATION OF ORDINANCES:

A resolution authorizing a Mutual Aid Agreement for PD with all CountyPolice Forces was given second reading. Council Member Hilliard asked what this is in regards to. Chief Porter explained that currently the mutual aid agreements are individual per department. This will allow the mutual aid to be county wide with only one agreement. Council Member Duff asked if they would all be using the same frequency.

An ordinance authorizing a November Ballot Issue to increase the Village Income Tax to 1-1/3% with 1/3% to be used for maintenance & construction of streets, storm sewers, curb & gutters, and sidewalks was given second reading.

A resolution for the submittal of a November Ballot Issue to increase the Village Income Tax to 1-1/3% with 1/3% to be used for maintenance & construction of streets, storm sewers, curb & gutters, and sidewalks was given second reading.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER DUFF and motion carried to add trees to the resolution authorizing a November Ballot Issue. The vote: All yes.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to add trees to the resolution authorizing a submittal of a November Ballot Issue. The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to create legislation for the life and health insurance policies. The vote: All yes.

MUNICIPAL DEPARTMENTS:

Fire Department: Chief Rick Patterson

Chief's letter: Purchase 10 pair of fire gloves at a total cost of $500; price for replacing 1-1/2" nozzle-next meeting. Capt Colucy stated they are completely out of gloves.

Capt. Jen Mohler's email: Purchase of a Life-Stat system (CPR/ventilator); video available for council's review. The cost is $10,030.00; the association requests that council consider paying half the cost; Mayor suggests that council view the video.

Capt. Colucy announced that the Firemen's Festival will be May 29th through June 1st. He asked if the Village would donate for the fireworks. Council Member Tharp asked how much was donated last year. It was determined that it was $1,200 last year. Capt. Colucy asked if the beer tent could be placed at the same location. Council Member Godwin asked if they would like to have Council Members volunteer. Capt. Colucy stated he could use all the help they could get. Last year the festival netted about $15,000.

Capt. Colucy announced the Octoberfest will be September 28th along with the Arts on the Boulevard. Colucy was told by Budweiser that the first year of an event like this, there would be a loss. It turned out that they had a $713 profit.

Police Department: Chief Harry Porter

Chief letter: Requests the appointment of Andrew Wood to Village PD as a part time officer. Mr. Wood introduced himself and answered questions.

This Friday there will be an ALICE Program at the school auditorium from 1 to 3pm. This is to help the students, teachers, and community members know what to do in the time of crisis.

Council Member Godwin had a complaint about an officer having a mouthful of chew when talking to a resident. He also had a complaint about an officer smoking. Chief Porter stated he has informed the officers. Council Member Huff stated that not smoking is State Law and the employee can be fired.

SOLICITOR: Attorney Al McCallin

Councilman Godwin query: Use of public funds for Street Levy promotion - Not permitted by ORC.

Solicitor McCallin had been asked to look into a parking issue on Williams where residents were parking on Village property and tearing up the grass. He stated that would be the same as someone pulling onto the lawn in front of Village Hall. Under Section 131.06 it is not a parking violation but a trespassing issue.

COMMUNICATIONS:

Tree CityUSA invitation from West Salem, Ohio: April 23rd at 8am - 2:30pm.

Stark RPC: Community Development Block Grant Public Hearing on Wednesday; next round is 2015-2016; Village should be preparing an application; geared toward projects and programs for low-moderate income residents (council copy of 2013-2014 recipients).

Aultcare letter: May 1st renewal cost for Aultcare's portion of employee healthcare insurance ($5000 deductible) with 4% increase; attached is the costs for other Aultcare plans; information from both Aultcare and Ohio Insurance.

Email from Brian Savage of Ohio Insurance Services; He would like to meet with council.

Council Member Tharp attended an SCRPC meeting concerning the Brewster Dairy abatement. The Dairy has met all the requirements of the abatement.

VILLAGE ADMINISTRATOR: Steve Hartman

The Community Reinvestment Area data has been sent to the school. They have 14 days to comment then submit to the county.

The legal ad for the lineman has been published. Two resumes have been received.

VA Hartman will have a list of the streets for the street program for the next meeting.

VA Hartman provided a quote for the mosquito spraying materials. It will go up $600 if not ordered by the end of the month.

Street Dept. has been cold patching.

Wenger has concreted the street. They will be back in when they start making hot mix to finish the street.

VA Hartman had a meeting with Hazen and Sawyer concerning the pump station on March 7th. The project is progressing with some small design changes.

The Electric Dept. has begun rough-in wiring at the garage. The county won't release the electric plan approval to anyone except a licensed electrician. The same goes for the HVAC.

We received meter for the railroad. Once it has been programmed department will install.

The income tax submittals are flowing freely.

The two nuisances from last meeting have been abated. VA would like to thank the parties for their immediate action.

VA would like to rehire last year's seasonal employees.

Council Member Hilliard asked where the lineman position had been advertised. It was in the Repository. The two publishing dates are March 13th and 20th per Mayor Schwab.

Council Member Huff asked when the roof on the Water Storage building will be replaced. He felt it was pushed through then nothing was done. VA Hartman stated it will be done when the weather breaks.

Council Member Tharp asked what the additional cost will be on the electric garage. It is unknown at this point. Council Member Duff stated we don't need a contractor when we do things in our homes. It was stated that this is a commercial building.

Council Member Tharp stated when this building was pitched to Council that it was stated that the electric guys could do the wiring. He stated that this goes back to what was stated earlier about spending wisely. Council Member Hilliard stated what can we do at this point. VA Hartman stated that our guys could do the work but the county will not permit them. Council Member Godwin asked what the original quote was -$134,000. VA Hartman stated what was bid out will not exceed $134,000. Council Member Hilliard stated to get the smallest available heating unit and no generator. None of the fancy stuff. Just want to keep the ice off the trucks.

Council Member Tharp asked the name of the second seasonal worker - Tom Keen.

MAYOR’S REPORT:

Revisit the construction of an Elton Street Waterline for that area’s residents requested by Bob Colucci of 12935 Elton SW; would suggest that Council instruct VA Hartman to provide the following :

(A) The scope of such a project – lineal feet, size of pipe, list of property owners, etc

(B) A cost estimate – per lineal foot including valving and so forth

When info is available, contact of area residents be made; would suggest that Council establish a timetable. The word has gotten out about the proposal. Council Member Tharp suggests a letter be sent to all those affected. Mayor Schwab hesitates doing this since Council has not really come up with a decision. Council Member Tharp suggested contacting his former pastor at the FriendsChurch as he is good at grant writing. The Mayor provided a list of property owners and frontage.

Spring Clean Up: April 22 – 25; no mattresses, tires, or electronics.

Mayor gave an update on the Police Garage blueprints, County Building Dept role and their requirements, and Street Super’s suggestion of adding onto the Street garage. Council Member Tharp suggested saving the money and doing it right. He would like to add the garage on to the existing Police Department. Councilman Duff stated we will still have to deal with all the crap.

A letter requesting that Council approve a Mayoral appointment of Andrew Wood as a Part Time Officer pending successful physical, drug test, background checks.

Solicitor’s Memo concerning his wages; Mayor suggests that 50% of his wages be taken from Utility Funds; ordinance required for any change.

The Mayor gave a handout from the Sunshine Book on executive session.

Council Member Godwin said he would rather save money for something the residents to use. Tharp agrees but when we spend money we need to spend it wisely.

VILLAGE CLERK-TREASURER’S REPORT: A handout provided

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

Health insurance issues: Letters have been sent to all but one employee with explanations. The last issue was emailed to Columbus on Friday.

Hazen & Sawyer suggested setting up two new funds: A Sewer Replacement Fund and Sewer Debt Retirement Fund. A small percentage of collections would go into the Sewer Replacement Fund. The Debt Retirement Fund would received approximately $150,000.00 a year which is how much was paid out in loan payments for the last 20 years.

Anyone wishing to attend Tree CityUSA, please let me know by March 21st.

The resolution with Ohio Cooperative Purchasing Program.

A proposed resolution for appropriating $860,000 to the Sewer Fund.

"VILLAGE SPEAKS":

The storm sewer catch basins need cleaned off.

Council Member Godwin said the FYBSA Opening Day is April 27th at 9am - ???. They are expecting 475 - 550 kids throughout the day.

Council Member Godwin announced the BYBSA will be having a spaghetti dinner at St. Therese Hall on March 24 from 11 - 2pm.

Council Member Godwin stated that he had requests that the Easter Egg Hunt be advertised 6 weeks in advance and be on the website. It was discussed putting Council Members on the Recreation Board. Solicitor McCallin stated that a Council member cannot be a member of the Recreation Board due to conflict of interest. Council Member Godwin stated that Council owes the community and should help out.

COMMITTEE OR COUNCIL REPORTS:

Street Committee met this evening to discuss the Street Levy and added trees to the resolutions to help accommodate more residents.

Parks & Grounds Committee meeting minutes from 03/04

Employee Development meeting minutes from 03/04

Economic Development Meeting w/EDDS consultants on Monday, March 11; to schedule Economic Develop Meeting on April 15th.

Tree Board met Saturday, March 16th. They are only purchasing 10 trees and limiting the pending to $10,000.

Reminders: Mock Disaster April 2 at 5:30 pm at Bx Dairy;

DFPS Training on April 16th 10 – 11:15 am or 7–8 pm

Utility Committee Meeting April 1^st at 6 pm (Elton St Waterline & Hillview Electric)

Insurance Committee meets on 04/08 at 6 pm (Employee Health Insurance renewal by 05/01)

*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

EXPENDITURE REQUESTS from past Meetings:

Fire Chief: Purchase of five Knox Boxes at a cost of $ 2,875.00.

VA Hartman: 2013 Street Sweeping Quote from Reilly Sweeping, Inc. of Walton Hills, Ohio; five sweepings at set intervals at a total cost of $ 8161.00 with the option to eliminate any scheduled sweeping.

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 being reviewed; The wrong blueprints for a 3-stall garage were sent but a new set has been ordered. There has since been problems with that order.

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

On Call schedule for the Electric Utility; currently being reviewed by the Utility Committee.

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.

Senior Citizens' program/facility: currently Wandle House provides Euchre on alternate Wednesdays.

OLD/NEW BUSINESS:

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to have resolutions drawn-up to create a Sewer Replacement Fund and a Sewer Debt Replacement Fund. The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to have a resolution drawn-up appropriating an additional $860,000 to the Sewer Fund. The vote: All yes.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to draw-up a resolution allocating 50% of the Solicitor's salary from the Utility Funds. The vote: Duff, yes; Godwin, Yes; Hilliard, yes, Huff, no; Tharp, yes.

COUNCIL MEMBER DUFF MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to hire Andrew Woods as a part time police patrolman pending a physical, drug screen, and background check. Council Member Hilliard asked what hours he was looking for. Chief Porter stated he would fall into the rotation to fill in for vacations, sick days, etc. The vote: All yes.

COUNCIL MEMBER HUFF MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to declare an emergency and purchase the fire gloves without waiting one meeting at a cost of $500 from the Fire Equipment Fund. The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to hold an Insurance Committee meeting on April 8th at 6pm. The vote: All yes.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER DUFF and motion carried to purchase the Knox Boxes at a cost of $2,875 from the Fire Fund. The vote: All yes.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to rehire the two part time seasonal workers. The vote: All yes.

COUNCIL MEMBER HUFF MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to remove seven trees; one at 187 - 2nd Street SW, one at East Second on the empty lot at Cleveland and 2nd and trim another one at that location, one at 4th and McKinley, the first tree after the underpass, one on the north side of Wabash and 6th and two on the north side of Wabash and 6t. He would like them removed under one contractor after it is determined which can be removed by the Street Department. Council Member Duff stated he cannot vote for this without a cost and that we shouldn't approve anything without quotes. The vote: Duff, no; Godwin, yes; Hilliard, yes; Huff, yes; Tharp, yes.

Council Member Huff stated the committee decided not to remove the tree at Washington and 4th. They also want to have an arborist look at the pine in front of Village Hall to see if they can slow it's growth and not remove it. Council Member Tharp stated that everyone agrees it is a healthy tree but Council has already agreed to have it removed. He wants to know why Council is second guessing a previous decision because another resident is present. Council Member Hilliard stated it wasn't just a resident but the person that takes care of the trees. Council Member Duff stated it is too close to the building and is damaging the building and is turning brown on the side against the building. He continued on to say that he appreciated all that Mr. Stith does to keep the Village beautiful.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HUFF and motion carried to contract with Reilly Street Sweeping to clean the Village streets for up to five times at a cost not exceeding $8,161. The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to draw up a resolution for the renewal of the contract with the State Cooperative Purchasing Program. The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to draw up an ordinance that restricts the parking of commercial and recreational vehicles and trucks on residential streets. The vote: Duff, yes; Godwin, yes; Hilliard, yes; Huff, no; Tharp, yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HUFF and motion carried to hold an Economic Development Committee meeting on April 15th at 6pm. The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER DUFF and motion carried to purchase of a Life-Stat system (CPR/ventilator) at a cost of $5,015 from the EMS Fund. The vote: All yes.

COUNCIL MEMBER HUFF MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to purchase mosquito spray at a cost of $12,667.63. The vote: All yes.

Mayor Schwab suggested Council have a Resolution of Support drawn up for the school levy. Council Member Tharp doesn't want to offend anyone. Council Member Huff stated that everyone has their own feelings. He supports tax for education but doesn't feel the revenue to be generated is going to be used for education. Council Member Godwin stated if it was brought up and voted down, it would create a stink. Council Member Hilliard wanted to wait a while and ponder on it.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to create a resolution of recognition for the FYBSA. The vote: All yes.

COUNCIL MEMBER THARP MOVED to adjourn the meeting at 9:47pm.

Respectfully submitted,

____________________________________

K. Kris King, Village Clerk-Treasurer

___________________________________

Mike Schwab, Mayor

"Anger at lies lasts forever. Anger at truth can't last." - Greg Evans