January 7, 2013 - Meeting Minutes

MINUTES

BREWSTER VILLAGE COUNCIL

JANUARY 7, 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:

Steve Hartman, Village Administrator

K. Kris King, Clerk-Treasurer

Al McCallin, Solicitor

 

MINUTES FROM THE DECEMBER 17, 2012 REGULAR COUNCIL MEETING:

Mayor Mike Schwab asked if there were any additions or deletions to the December 17, 2012 Council meeting minutes.  There were none.

 

COUNCIL MEMBER BICHSEL 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 BICHSEL and motion carried to accept the bills for the amount of $ 750,725.78.  The vote: All yes.

 

AUDIENCE:

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

 

ELECTION OF PRESIDENT PRO TEM:

Nominations were opened.  Council Member Hilliard nominated Council Member Huff.  Council Member Duff nominated Council Member Bichsel.  Paper ballots were distributed.  Council Member Huff received three votes.  Council Member Bichsel received three votes.  Solicitor McCallin reviewed Roberts Rules of Order to determine if the Mayor could appoint one of the candidates.  He also reviewed Ohio Revised Code.  He determined that neither source addressed the Mayor making the final decision and that Council must vote until a candidate received majority of votes.  Paper ballots were distributed and counted again with the same results.  Council Member Bichsel asked to be removed from the nominations at which point Mayor Schwab reopened the nominations.  Council Member Hilliard nominated Council Member Huff and Council Member Duff nominated Council Member Godwin.  Paper ballots were distributed.  Council Member Huff received three votes and Council Member Godwin received three votes.  Paper ballots were once again distributed, collected and counted with the same results.  Council Member Huff suggested flipping a coin.  Solicitor McCallin stated this was permissible with a motion from Council. 

 

COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to flip a coin to break the tie.  The vote: Godwin, yes; Hilliard, yes; Huff, yes; Tharp, no; Bichsel, yes, Duff, yes.

 

VA Hartman pulled a coin from his pocket and assigned heads to Council Member Godwin and tails to Council Member Huff.  Council Member Bichsel verified it wasn't a two headed coin.  The coin landed on the table heads up.  Council Member Godwin is the 2013 President Pro Tem.

 

CONSIDERATION OF ORDINANCES:

RESOLUTION 01-2013: A Resolution authorizing a Village Investment Policy was given third reading.

 

COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to pass Resolution 01-2013 as read.  The vote: All yes.

 

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

 

An ordinance providing procedures for the opening of unimproved platted alleys and streets was given second reading.

 

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

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHSEL to untable the ordinance setting the elected officials compensation that was tabled on December 17, 2012.  Council Member Huff would like it to remain tabled until the Village employees ordinance is brought up for passage.  Council Member Tharp asked for his reason and Council Member Huff stated he thought they should be voted on at the same time.  The vote: Godwin, yes; Hilliard, no; Huff, no; Tharp, yes; Bichsel, yes; Duff, no.  Mayor Schwab broke the tie with a no vote.  The ordinance remains tabled.

 

MUNICIPAL DEPARTMENTS:

Fire Department: Chief Rick Patterson

VFIS accident insurance renewal is due in February and will be around $ 2,000/year; Chief Patterson will have exact figures for the next meeting.

 

Two or three portable radios will need to be replaced.  Chief will have replacement cost for next meeting.

 

Police Department: Chief Harry Porter

Officer Nathan Taylor will be off work for 6 to 8 weeks for health reasons; Officer Truman will cover Officer Taylor's shift and where possible, part time officers will cover Fairless Schools;  Fairless has been advised.

 

Officer Truman and the Fairless Assistant Principal will attend a Response Team training on February 5th & 6th.  Council Member Huff would like to see the Fire Department involved.  Mayor Schwab stated Captain Mohler and Chief Porter will be working together once a certain point in the planning process has been met.

 

Copy of the December Activity Report provided for Council's review.

 

SOLICITOR: Attorney Al McCallin

Solicitor McCallin has been working with the Mayor and Council Member Tharp on the Community Reinvestment Ordinance and the forms that will be needed.

 

Council Member Huff asked if the Tree Board needs to advertise their meetings if two Council Members are attending.  Solicitor McCallin stated he will get back to him.  It was later stated that the meetings need to be advertised.

 

COMMUNICATIONS:

From IRS: Mileage rates for use of personal vehicles raised to $ 0.565 per mile; Village currently pays $ 0.485.

 

Tree CityUSA recertification has been submitted (21 years).

 

Ohio Valley Energy wishes to meet with VA & Mayor; VA asked to schedule meeting.

 

Council has received a copy of American Legal Publishing’s 2013 Ohio Basic Code.

 

VILLAGE ADMINISTRATOR: Steve Hartman

Street:

Department is progressing on ADA restroom and the upstairs storage area.  Mayor Schwab stated he was very impressed with the workmanship.

 

Sewer:

We have issues with the sewer line on East Second Street from Wabash Ave to Cleveland Ave.  We televised the line and found extensive problems that cannot be repaired by relining the line.  A rough estimate to dig up and replace is $50,000.  We are trying to get a more accurate cost.  Wenger Excavating of Dalton has submitted a quote for less than $50,000.  Another quote of under $50,000 has been submitted.  VA Hartman asked if Council would like one more quote.  He stated it was like pulling teeth to get the second one.  Council Member Huff said to present the two quotes at the next meeting.

 

Mayor Schwab, VA Hartman, Supt. Maybaugh, and Village Technician Dan Klein met with representatives from Hazen and Sawyer to go over pump station progress.

 

Electric:

The Department is working on a line at the railroad.  The meters have been received.  There is one for the Railroad and one for the Dairy.  They will be installed whenever the Railroad and Dairy can take an hour and a half outage.

 

VA Hartman plans to attend a Northern Power Pool meeting in Oberlin on Friday.  He hopes to corner members of AMP about hooking up to the grid instead of replacing the 22 year old backup generator.

 

Village:

There will be a Zoning Board of Appeals meeting on January 17, 2013 at 7pm to consider a height variance to allow placement of a storage silo at the Dairy.

 

Income Tax forms will go out this week.

 

Council Member Huff is concerned about the Village's power poles.  He was on Western Energy's website and it stated poles should be inspected and deterioration usually happens around one foot from the ground and down into the ground.  For our liability, there should be a weight bearing limit.  If a pole falls, the Village is 100% liable.  This happened in New York and the municipality was sued.  He also stated Ohio has a rule concerning how many poles you can have within a certain distance.

 

Council Member Hilliard asked about the procedures for the Community Reinvestment Area.  He put an addition on his house and had come down to Village Hall to do all the paperwork and it was never mentioned to him.  He said he had another resident that told him the same thing.  He stated if we pass the ordinance then there needs to be some follow through.  VA Hartman suggested giving residents the paperwork when they apply for the zoning permit.  Mayor Schwab stated the State of Ohio allows up to one year to submit a residential application.  VA Hartman stated the commercial application must be in before the first shovel of dirt is moved.

  

MAYOR’S REPORT:

Committee assignments for 2013.

 

Council Rules for 2013.

 

Copies for Council’s review: CRA application, CRA residential procedures, CRA commercial procedures & current pending CRA modification ordinance; prepared as a companion to existing ordinance that created CRA in Village (10-2000) as it outlines program procedures within the State statute.

 

Mayor’s Annual Funds Review/2013 Statement to Council on January 21^st; Will have recommendations for possible modifications to ease some of the burden on the General Fund.

 

VILLAGE CLERK-TREASURER’S REPORT:

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

 

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

 

2012 Annual Financial Report has been prepared and a Public Hearing will be scheduled in the near future.

 

2012 W-2 and 1099Misc forms are in the process of being prepared.

 

2013 Appropriations Ordinance has been prepared.

 

2013 Certificate of the Total Amount Available has been completed.

 

2013 Ohio Basic Code book is available for viewing.

 

"VILLAGE SPEAKS":

Online Poll for Trick or Treat (runs until 01/16) 31 votes to date, 71%  are in favor traditional weekday evening.

 

Nuisance complaint about a property on E. First Street; VA to review

 

COMMITTEE OR COUNCIL REPORTS:

Council Member Duff reported on the Employee Committee meeting tonight at 6 pm.

 

*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:     Utility Committee on 01/21 at 6 pm;           

                        Parks & Grounds Committee on 01/21 at 6:30 p                                                               Economic Development Committee meets on 02/04 at 6 pm;

                        Employee Health Insurance renewal by 04/01

 

EXPENDITURE REQUESTS from past Meetings:

 

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).

 

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.

 

Draft of an ordinance from Mayor & Councilman Hilliard: creating a Neighborhood Watch Officer in the PD with no compensation. (Current pending wage ordinance sets $ 1000 annual stipend).

 

Council Member Duff: a quote from Safeguard for the security camera for the yard waste/salt barn area for $ 2,584. 

 

OLD/NEW BUSINESS:

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried prepare an ordinance adopting the 2013 Ohio Basic Code and declaring an emergency.  The vote: All yes.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to prepare an ordinance for the Neighborhood Watch Officer to be a non-paying position.  The vote: All yes.  Council Member Hilliard stated a lady used the neighborhood watch program and had a guy stopped by the police.

 

COUNCIL MEMBER HUFF MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to have the police create a policy of what the information received from the license plate reader was used for and how long it is kept for the February 4th meeting.  Council Member Duff stated the information is erased if there are no warrants outstanding on the owner of the plate.  Council Member Huff disagreed.  The vote: All yes.

 

COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to adopt last year's Rules of Council with the addition of adding that expenditure requests shall be in writing with an estimated cost and suggested funding source to Rule #11  and add Rule #17 - The Mayor may break a tie if the vote for President Pro Tem if needed.  Council Member Huff stated he was asked if members of the audience could be allowed to speak before Old/New Business also.  Solicitor McCallin stated it is the Mayor's meeting and is at his discretion.  Mayor Schwab stated the Audience Time had always been at the beginning as a courtesy to the audience so they could speak their peace and leave if they wished. The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to adopt the 2013 Brewster Village Council Committees as presented.  The vote: Godwin, yes; Hilliard, yes; Huff, no; Tharp, yes; Bichsel, yes; Duff, yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to prepare an Appropriation Ordinance for 2013.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to remove the Neighborhood Watch stipend from the wage ordinance.  The vote: Godwin, yes; Hilliard, yes; Huff, no; Tharp, yes; Bichsel, yes; Duff, yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER DUFF and motion carried to have a Resolution of Congratulations drawn up for Roger Carpenter Jr. for graduating college.  The vote: All yes.

 

COUNCIL MEMBER DUFF MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion failed to have cameras put up at the park and waste station at a cost of $ 2,745.50 from Parks and Grounds Fund.  Council Member Hilliard asked where the cameras were going to be fed into.  Council Member Duff stated they would be fed into the Boy Scout building and it would record for 5 days.  It could then be reviewed if there are issues.  Council Member Tharp asked if Chief Porter had issued an opinion on this.  He has not.  The vote: Godwin, yes; Hilliard, no; Huff, no; Tharp, no; Bichsel, no; Duff, yes.

 

COUNCIL MEMBER HUFF MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to adjourn the meeting at 8:18pm.

 

 

Respectfully submitted,

 

 

 ____________________________________

K. Kris King, Village Clerk-Treasurer

 

 

 ___________________________________

Mike Schwab, Mayor