December 16, 2013 - Meeting Minutes
MINUTES
BREWSTER VILLAGE COUNCIL
December 16, 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
VILLAGE EMPLOYEES PRESENT:
Tammy Fox, Utility Clerk
Rick Patterson, Fire Chief and Street Superintendent
Mike Radich, Lineman
Jim Spivey, Village Technician
Ryan Swan, Lineman
MINUTES FROM THE DECEMBER 2, 2013 REGULAR COUNCIL MEETING:
Mayor Mike Schwab asked if there were any additions or deletions to the December 2, 2013 Council Meeting minutes. There were none.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER BICHSEL 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 $ 483,215.13. Council Member Hilliard questioned the $ 2,500 bill for the garage door. VA Hartman explained that it was for 3 doors. Council Member Hilliard also asked about the axle replacement on the leaf machine. Council Member Godwin referred to the fact that we are paying monthly for repairs on the oldest police car. The vote: All yes.
AUDIENCE:
Rick Lutz, Commander of the American Legion Post #160, presented a proposal for the Village to purchase the American Legion building that sits on Village property. They are hoping that this proposal will be agreeable to both parties.
COUNCIL MEMBER HUFF MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to go into executive session to discuss the purchase of property at 7:14pm. The vote: All yes.
Council Member Tharp invited all of Council, Mayor Schwab, Solicitor McCallin, and all members of the American Legion in attendance exited the room. At the suggestion of Solicitor McCallin based on the Ohio Sunshine Law the American Legion did not participate in the Executive Session and returned to Council Chambers.
COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER HUFF and motion carried to exit executive session at 7:22pm. The vote: All yes.
COUNCIL MEMBER HUFF MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to offer $ 60,000 plus the terms of the original offer. The vote: Godwin, yes; Hilliard, yes; Huff, yes; Strausbaugh, yes; Tharp, no; Bichsel, yes.
Commander Lutz stated he cannot accept the offer until he takes it back to the membership. He has the responsibility to offer the tenant a lease. He only has the authority to accept the proposal presented by the Legion to Council this evening.
The following residents were also present: Ray and LaVonne Heitger, Dale and Sammy Fox, Paul and Cindy Mackey, Molly Hartman, Linda Taylor, Micah & Naomi Strausbaugh, Jenny Spivey, and American Legion Representatives: Rick Lutz, Dave Savage, Andy Codispodi, and David Flinner.
CONSIDERATION OF ORDINANCES:
RESOLUTION 53-2013: A Resolution of 2014 Temporary Appropriations was given third reading.
COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to pass Resolution 53-2013 as read. The vote: Godwin, yes; Hilliard, yes; Huff, yes; Strausbaugh, yes; Tharp, no; Bichsel, yes.
ORDINANCE 54-2013: An Ordinance of 2014 Supplemental Appropriations was given third reading.
COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to pass Ordinance 54-2013 as read. The vote: Godwin, yes; Hilliard, yes; Huff, yes; Strausbaugh, yes; Tharp, no; Bichsel, yes.
ORINANCE 55-2013: An Ordinance to Authorize the Transfer of Funds from the General Fund was given third reading.
Council Member Hilliard stated he would like to see $ 15,000 of the transfer go to the Street Resurfacing Fund. Council Member Huff agreed. Council Member Tharp asked why the transfer was only $ 40,000 when it was estimated around $ 70,000 at the last meeting. The clerk stated that a tax refund of over $ 32,000 was taken out of the General Fund since the last meeting. Council Member Godwin asked how many times the oldest ambulance has been towed in the last year. Chief Patterson stated four times.
COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to amend the ordinance to state the transfer is for $ 40,000 and is to be placed in the Ambulance Replacement Fund as recommended by the Village Clerk-Treasurer. The vote: Godwin, yes; Hilliard, no; Huff, no; Strausbaugh, no; Tharp, yes; Bichsel, yes. The Mayor broke the tie and the motion passed.
COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to pass the ordinance as amended. The vote: Godwin, yes; Hilliard, no; Huff, no; Strausbaugh, yes; Tharp, yes; Bichsel, yes.
ORINANCE 56-2013: An Ordinance Authorizing the addition of the Mayor as an Approved Signatory for any Pending Contracts or Documents was given third reading.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to pass Ordinance 56-2013 as read.
Third Reading: An Ordinance to Establish the Duties, Salary, and Benefits of the Village Administrator.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to table the ordinance until the salary figure was determined. The vote: Godwin, yes; Hilliard, yes; Huff, no; Strausbaugh, yes; Tharp, yes; Bichsel, no.
ORINANCE 57-2013: An Ordinance Providing the Appointment and Compensation of a Village Income Tax Administrator was given third reading.
COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion failed to amend the proposed ordinance to include an annual salary of $9,000. The vote: Godwin, yes; Hilliard, no; Huff, no; Strausbaugh, no; Tharp, no; Bichsel, yes.
There was a lengthy discussion that included the last time the salary was raised, who the Mayor has in mind for the position, whether it was the Mayor's appointment or if Council could do it without his recommendation, number of hours worked, benefits, and scheduling. The Solicitor advised that under the O.R.C. Council can outline the duties and salary by ordinance, but the ORC does state that the appointment is the Mayor's with Council's approval.
COUNCIL MEMBER HUFF MOVED, SECONDED BY COUNCIL MEMBER HILLIARD to amend the proposed ordinance to make requirement that the person appointed be a Certified Public Accountant. The Solicitor stated that under an opinion from the Ohio Ethics Commission that he found through research, it would be extremely difficult for a local tax preparer to ethically hold the office of Income Tax Administrator due to a possible conflict in interest in preparing as well as processing local income taxes. The motion was withdrawn.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER BICHSEL to table the ordinance. Whether it was responsible to table the ordinance and the Clerk's Assistant Tax Administrator stipend was discussed followed by the discussion of a contract that was to be drawn up. The vote: Godwin, yes; Hilliard, yes; Huff, no; Strausbaugh, no; Tharp, no; Bichsel, yes. Motion failed.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HUFF to amend the ordinance with VA Hartman's current salary of $ 5,500 annually for the Tax Administrator position. Once again the Clerk's stipend was brought up and the fact that it needed to be voted on tonight. It was stated that some of this could have been avoided if it had been stated earlier that Joe Musacchia would have to give up his tax preparation business in order to be the Tax Administrator according to the Ohio Ethics Commission. The Mayor reiterated that no one could be hired until the duties and salary are established. Motion withdrawn.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HUFF and motion carried to amend the ordinance by removing Section 3 of the proposed ordinance. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to approve the ordinance as amended. The vote: All yes.
An Ordinance to Establish the Prohibition of the Use of any Tobacco Products on Village Grounds was given third reading.
COUNCIL MEMBER HUFF MOVED, SECONDED BY COUNCIL MEMBER HILLIARD to pass the ordinance as read. Council Member Huff stated the park is open for exercise and outdoor activities and this ordinance would be advantageous by making the park a healthier place. Council Member Hilliard wanted to state one point: If there isn't an ordinance, then no one can doing anything about it. The vote: Godwin, no; Hilliard, yes; Huff, yes; Strausbaugh, yes; Tharp, no; Bichsel, no. The motion failed with the Mayor's no vote.
ORINANCE 58-2013: An Ordinance Authorizing Final Payment on Electric Substation & OMEGA JV2 Note Debt ($ 290,000 principal and $ 3,817.21 interest) was given third reading.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to pass Ordinance 58-2013. Mayor Schwab stated this was a 2.3 million dollar project and we were able to pay off in 10 years. The vote: All yes.
Second Reading: An Ordinance authorizing modifications to the Public Records Policy.
From Council: An Ordinance Tabled on 09/16/2013 at Second Reading – Ordinance Adjusting the Compensation of Council Members and the Meeting Allowance for Clerk-Treasurer.
From Council: An Ordinance Tabled on 11/04/2013 at First Reading – An Ordinance Authorizing Modifications to the Village Employee Handbook.
From Mayor: Draft of a Village Employee Wage Ordinance for 2014, 2015, 2016; submitted to initiate discussion.
MUNICIPAL DEPARTMENTS:
Fire Department: Chief Ricky Patterson
Chief’s Letter: Renewal of Firehouse Software contract due in February = $ 735.00; request permission to send four to the EMS Today Conference = $ 2800.00, training grant will cover cost (Council copy provided).
Fire Department parking: People are not respecting the Fire Department parking area and parking where it is reserved for the firemen for calls, may need to start towing vehicles. Mayor will have the PD start ticketing offenders but there may be some difficulty in readily identifying whether a fireman or a violator was parking there. A sticker or some type of identification may be necessary.
Council Member Hilliard asked if an officer would be attending the conference. Chief Patterson stated that last year three of the four were officers. Council Member Tharp asked how the information was disseminated upon return from the conference. Chief Patterson stated that some of the instructors that have taught here at the department were recruited after being seen at these conferences.
Police Department: Chief Harry Porter
Chief’s Letter: Request to upgrade the 2 PD computers at a total cost of $ 1174.16 (Dell Inspiron 660S)(Council provided with copies).
Full Time Officer Assignments (Council copy); Winter Project – Junk Cars.
Chief will be on vacation week of Christmas & week of New Year’s.
SOLICITOR: Attorney Al McCallin
Nothing to report on the Walker Litigation (VA, Clerk, & Mayor subpoenaed for 12/20 Court appearance).
Research on Income Tax Administrator appointment.
We have been throwing an overabundance of issues at Solicitor McCallin in 2013, and he more than deserves our most appreciative thanks as he approached each issue with his usual 110%. Thank you !
Solicitor McCallin was excused from the remainder the meeting.
COMMUNICATIONS:
Fairless Youth Basketball Association/Jason Pumneo Treasurer – Requests a $ 500 Donation.
Congratulations to Village Paramedic Mike Mohler. He will graduate as an RN on January 5th from Stark State College.
VILLAGE ADMINISTRATOR: Steve Hartman
Water:
Gorman-Rupp, National Pump Company, Myers Pump, and Patterson Pump Company have been contacted to get quotes. A gentleman from Myers e-mailed and requested additional information. Dave Bowman from the Division of Drinking Water, Ohio EPA told us the average booster pump installation has been running around $ 100,000. This includes the system flow study, the engineering, drawings, EPA approval, bidding, and installation.
Electric:
Vaughn has been in working on the regulators and putting in smart meters.
First Energy is expecting to have a meeting after the first of the year and get back to us concerning the purchase of 1.5 miles of the 69kV line.
Recently had a switch at the substation ice over. This would prevent the Village from going onto one circuit.
Sewer:
Bids were opened on December 12, 2013. Hazen and Sawyer will have a recommendation for the next meeting. Council Member Tharp asked if Hazen and Sawyer knew why there was only one bidder. VA Hartman stated there had been eight contractors at the pre-bid meeting. The Village has never used this company but VA Hartman expects references to come back fine.
VILLAGE MAYOR: Mike Schwab
Tree City USA Application has been submitted to the ODNR – 23rd Year (Council copy of Cover Page)
Draft of 2014 Council Committee Assignments for review for 01/06/2014 Council Meeting (Council copy)
Gazebo Grant – Ohio Controlling Board met today for final approval; Project agreement will be sent to Village by ODNR first of year for Spring construction; project must be completed by 12/31/2015.
Solar Panel Field – Councilman Godwin, 01/2014 Councilman Mackey, & Mayor met with Jeff Corbin of Solar Planet on 12/12; Corbin provided an overview of a Solar complement to the Village’s electric grid; similar to Beach City’s; worth further investigation; will research with AMP, Village electric engineer & others; possible future presentation to Council by Mr. Corbin.
In light of the Village’s inability to attract viable candidates for Electric Lineman position, would like to request that Finance Committee review the Village Electric Lineman’s wage & provide a recommendation to Council.
On January 6th I will have a recommendation for the VA, Income Tax Administrator, & possible Interim VA positions for Council’s consideration.
VILLAGE CLERK-TREASURER’S REPORT: Kris King
Remind Council to look over and sign the check register on the table.
Christmas Lighting Contest: Collected $60 for the Fairless Food Cupboard. 13 Contestants to be judged December 20-22nd from 6-9pm. Winner will be announced on December 23, 2013 at the Santa in the Village at the Fire Department.
We will continue collecting for the December 19th Fairless Food Cupboard distribution.
Records Commission met on December 16th at 6:45 in council chambers.
The bill for the planning and design portion of the Sweetwater Pump Station has been rolled into the construction loan. I was concerned because OWDA had billed us $ 66,000.
Provided Council with a Village Debt Report as of 1/1/2014.
Busy with the year-end and new year preparations. I was able to eliminate about 400 vendors from our nearly 1,000 vendors that haven't been used in the last three years.
November fire pay = $ 4,091.45.
Received notification that the Ohio Auditor of State's Office will not be performing our audit for the biennial period ending December 31, 2013 and the two subsequent periods. We need to fill out a five page questionnaire for our Request for Proposals. Paperwork is due by December 27, 2013.
I've been helping Capt. Mohler and Chief Patterson with the financial portions on Equipment and Training Grants.
Council Member Hilliard requested information concerning the linemen's wages and benefits.
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.
Minutes of 11/18 Employee Committee Minutes.
VA Search Committee – Minutes 12/14 Interviews.
PROPOSALS PENDING:
Purchase of the American Legion Building (Will call Commander Lutz to set up a January sit down).
Sewer Rate Study Recommendation – Sewer Rate Increase (Info provided to Council on 12/02/2013).
First Energy Harmon Substation Proposal; will meet with FE representatives early in 2014.
OLD/NEW BUSINESS:
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to approve the fire pay of $ 4,091.45 The vote: All yes.
COUNCIL MEMBER HUFF MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to authorize four members of the Fire Department to attend an EMS Conference and Training at a cost $ 2,800 from the EMS Fund. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to have an ordinance drawn up approving a contract with Kenmore Construction of Akron for the Sweetwater Pump Station Project at a cost of $ 4,111,900. The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to schedule a Finance Committee meeting on February 3, 2014 6pm to discuss the fourth lineman. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HUFF and motion carried to have an ordinance drawn up adopting the Community Comprehensive Sustainability Plan and the Village Council Economic Development Retreat. The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to schedule a Utility Committee meeting on January 20, 2014 at 6pm and invite Jeff Corbin from Solar Planet. The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to donate $ 500 to the Fairless Youth Basketball Association. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to have Resolutions of Appreciation drawn up for Village Administrator Steve Hartman, Council Member Sherri Bichsel, and Council Member Jay Huff for their years of service to our community. The vote: Godwin, yes; Hilliard, yes; Huff, abstain; Strausbaugh, yes; Tharp, yes; Bichsel, abstain.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to draw up an ordinance increasing Solicitor McCallin's salary to $ 12,000. Council Member Tharp thinks he should get more. The vote: All yes.
Mayor Schwab thanked Village Administrator Steve Hartman for his 18 years of dedication. He discussed the many improvements in the Village that Steve had a hand in. In the past two months, the Mayor has had visits from Scott Weyandt of Shearers and Jim Barnhart of the Brewster Dairy and received compliments on how Steve has been an asset to our community and always took care of their concerns in a timely manner. The Mayor was not pleased with the nonprofessional manner in which Council forced him out. Steve has handled this situation with class and professionalism. He is currently testifying in court for the Village and has made the Village look good. He will be missed.
Mayor Schwab thanked Councilwoman Sherri Bichsel for her service to the community. She was originally appointed on November 5, 2007 and then was elected for another term.
Mayor Schwab thanked Councilman Jay Huff for his service. He was appointed on March 1, 2010 and was always quick to respond for the Tree Board.
COUNCIL MEMBER BICHSEL MOVED to adjourn the meeting at 8:56 pm.
Respectfully submitted,
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K. Kris King, Village Clerk-Treasurer
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Mike Schwab, Mayor