August 19, 2013 - Meeting Minutes

MINUTES

BREWSTER VILLAGE COUNCIL

August 19, 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 AUGUST 5, 2013 REGULAR COUNCIL MEETING:

Mayor Mike Schwab asked if there were any additions or deletions to the August 5, 2013 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.

 

MINUTES FROM THE AUGUST 12, 2013 SPECIAL COUNCIL MEETING:

Mayor Mike Schwab asked if there were any additions or deletions to the August 12, 2013 Council meeting minutes.  There were none.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHEL and motion carried to accept the minutes.  The vote: Strausbaugh, yes; Tharp, yes; Bichsel, yes; Godwin, yes; Hilliard, no; Huff, yes.

 

PRESENTATION OF BILLS:

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to accept the bills for the amount of $ 421,800.84. The vote: All yes. 

 

AUDIENCE:

Martha Murphy, 132 Glick Street, stated she has been working with VA Hartman on a water issue.  Her water is brown and it is ruining their clothes and washing machine.  She stated that when Supt. Pepper flushes the hydrant at Glick and Tuscarawas, the water coming out of there is disgusting.  She stated the water smells and this is the water they have to brush their teeth with.  Council Member Bichsel suggested having the water tested to see what is in it.  Mrs. Murphy stated that after hydrant flushing it is better for four to five days.  They have installed a whole house water filter that the water goes through before it goes through the water softener.  Council Member Huff suggested having Supt Pepper flush the hydrant once a week.  Council Member Hilliard asked if they were at the end of a line.  VA Hartman stated the line continues to Shearers.  The neighbor across the street has no water issues.  It was suggested to have Hazen and Sawyer check it while they are here to look at the other water issue on Muskingum.

 

David Black, local business owner, has been in Brewster for 35 years.  He attended to voice his opinion of the forced retirement of VA Steve Hartman.  He stated that VA Hartman has helped him work through many problems over the years and he is the best Village Administrator he has ever worked with.   He heard what was happening and wanted to urge Council think twice before following through with this.  He asked that Council look at what this man has done for this community and reconsider.  VA Hartman works well with the businesses and the residents.  He stated to make sure this is what they want to do.  Mayor Schwab asked if Council had any remarks.  They did not.

 

Lonnie Via, Brewster Dairy, also attended on VA Hartman's behalf.  He stated that the Brewster Dairy thinks very highly of VA Hartman.  He has been very professional and they appreciate everything he has done for them.  Again, Mayor Schwab asked if Council had any remarks.  They did not.

 

Priscilla Cunningham, business owner, stated she has dealt with VA Hartman since 1996.  All her dealings were positive and has never had a problem with him.  Again, Mayor Schwab asked if Council had any remarks.  They did not.

 

GUESTS:

American Legion Post 160 representatives, Rick Lutes, Dave Savage, and Louie Carroll.

 

The gentlemen attended to discuss the Legion Hall and the property it sits on.  The building belongs to the legion and the land belongs to the Village for which they entered into a 99-year lease in 1934 for $1.00.  The building sits in the middle of two lots that are shared with Village Hall and the Fire Department.  Although their membership is shrinking they are still very active, including Boys/Girls State, the flags on the boulevard (with the help of the Boy Scouts), and the annual Memorial Day Observance.  They are trying to consolidate their assets.  They are afraid if the membership gets too low, they will be disbanded and the money from their assets will go to Washington.  They want to make sure the money stays local.  They are proposing either the Village sells them the land or the Village buys the building.  If the Village decides to sell the land and then later decides they want to purchase the whole thing, they will have first option.  The condition of the building was discussed.  It is in good shape with a working kitchen in the basement, a good roof, good plumbing and good renters on the first floor.  They will be painting it next week.  The post will remain open and will use the Wandle House as their meeting space.  They asked that the Village give them an answer within forty-five days and to consider that the American Legion Post has paid the property taxes for the last seventy-five years. 

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to go into executive session to discuss the purchase of the property at 7:22pm.  The vote: All yes.  All Council Members, the Mayor, and the Solicitor went into the other room.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP, and motion carried to exit executive session at 7:26pm.  The vote: All yes.

 

Council Member Hilliard informed the American Legion Post 160 representatives that the Village would be interested in the purchase of the building.  Mayor Schwab stated the Village would get the Fair Market Value Appraisal if they would let them into the building.

 

The following residents were also present: Ray and LaVonne Heitger, Mike Radich, Ryan Swan, Joyce and Al Cunningham, Nick Pumneo, and Cindy Mackey.

 

CONSIDERATION OF ORDINANCES:

RESOLUTION 35-2013: A resolution approving the 2014 Alternative Tax Budget was given third reading.

 

COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to pass the resolution as read.  The vote: All yes.

 

Second Reading: An agreement with SugarCreekTownship for the maintenance of Browndale and Harmondale.

 

First Reading: A resolution to place 17.5% of EMS call revenues into the Ambulance Replacement Fund.

 

ORDINANCE 36-2013: An ordinance to establish a policy for disposal of Village property.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to untable this proposed ordinance.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to pass the ordinance as read.  Council Member Godwin checked to make sure the $1,000 threshold was still in place.  The vote: All yes.

 

MUNICIPAL DEPARTMENTS:

Fire Department: Chief Rick Patterson

Nothing to report.

 

Police Department: Chief Harry Porter

Correction: The Switch to StarkCounty & REDCenter’s 800 mhz radio system was reversed/postponed due to some technical issues.

 

Retirement Congratulations Letter Officer Raymond Gallaher: Council signatures.

 

Police/Street:

Supt Patterson’s estimate for addition to Street Garage – Material estimate from Gerber Lumber, Concrete Floor estimate from RG Smith, Electric estimate from Wood Electric.

Total estimated cost for a 40’ X 60’ building = $ 58,000 w/o engineering.

 

Electric:

Street Lights needing repairs should be reported to the Utility Office at 767-3312 or bxutilities@sssnet.com

 

SOLICITOR: Attorney Al McCallin

Council Member Tharp asked if it would be more appropriate to discuss his topic under new business?  Solicitor McCallin said that was fine.

 

COMMUNICATIONS:

Fairless Midget Football Donation Application: Requests a $ 500 donation for upcoming season to help defer expenses.

 

Recent KentStateUniversity Graduates from Brewster/Bachelor Degrees: Clay Janson & Keith Kinnerson.

 

Village Prosecutor Larry Chapanar has advised he will submit a contract for renewal.

 

The Mayor asked if Council had any communications.  There were none.

 

VILLAGE ADMINISTRATOR: Steve Hartman

Water:

Bergren has ordered materials for the water tower and hopes to have the installation by the middle of August.  We had to change to ultra narrow band radio per the FCC.  It will be approximately $ 1,800 per radio.

 

Department has been working on the Amherst Street waterline, and a resolution to the reported Muskingum water issue.

 

Street:

Harmondale has been paved.  It has not been chipped and sealed.  It was rolled so it is the Village Administrator's professional opinion as an engineer that it is not needed.

 

The department has been working with the Water Department on the Amherst Street waterline.

 

Electric:

The transition pole for the Walker extension has been set.

 

Department has been tearing down unneeded infrastructure at railroad.

 

Kyle Wade will begin work as a lineman on August 26th.

 

Department set a new smart meter at the Dairy.

 

Village:

VA Hartman provided quotes for the curb painting at a cost of $ 12,706.00.

 

Income tax is running ahead $ 133,618.76 last year.

 

Ohio   Attorney General/Ohio EPA/Hillview Court: Today VA & Mayor had a Conference Call with Ms. Patterson of             the AG’s Office, Dean Stoll of the Ohio EPA; VA & Mayor are scheduled to testify in Court on September 20th.  Mayor Schwab asked Solicitor McCallin what they were getting into.  He spoke briefly.

 

Council Member Huff asked about the speed bump that Council made a motion to purchase in the spring last fall.  VA Hartman stated it was delivered today and is sitting right inside the door.  He stated there are three dead trees on Washington that the Street Department could remove.  There are also some street trees that need trimmed.  He thinks Tim Stith could handle the trimming.

 

Council Member Hilliard stated there was dirt/gravel that needs cleaned up at 7th and Wabash.  Council Member Huff stated the storm sewer fills quickly.  VA Hartman stated he was going to contact North Canton Drain.

 

MAYOR:Mike Schwab

Handouts:

  • EDDS Community Comprehensive Sustainability Plan Report from Charley Bowman (in Council mailboxes)
  • Stand-By Schedule Proposal in Electric Dept Update including annual costs (Council copy)
  • American Legion info including a cost for receiving a market value report from a commercial real estate firm(Council copy of info via John Tillipaw of Tillipaw Appraisals & Tom Jackson of Tom Jackson Realty).  Mayor Schwab asked Solicitor McCallin his thoughts on a market value appraisal.  He felt it would suffice in this particular purchase.

 

Advisories:

  • A water engineer, Bret Casey, from Hazen and Sawyer met with Supt. Pepper, VA Hartman, Councilman Godwin & Mayor Schwab to review the process of making an evaluation of water distribution system in Muskingum area; estimate = not to exceed $5000.   Their plans are to meter for 24 hours+ an area hydrant and the downstairs & upstairs of a petitioner’s home.
  • Citywide dispatch began dispatching of electric linemen on 08/14; number is being provided to residents via utility bills, Web site, PD, and utility office answering machine message.  Council Member Huff asked why only the Electric department number was included.  VA Hartman to bundle all the departments into the plan.
  • Industrial Appraisal has been contacted to provide an estimate to make an on-site inventory of equipment & infrastructure in Electric, Sewer, Street, & Water Departments for comparison to their 2011 Report. Mayor Schwab asked Solicitor McCallin his thoughts on a market value appraisal.  He felt it would suffice in this particular purchase.

 

VILLAGE CLERK-TREASURER’S REPORT: Kris King

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

 

Fire payroll = $ 5,219.60.

 

Final 2014 Alternative Tax Budget = $ 7,557,321.

 

Mayor Schwab thanked Clerk King for her work with an employee on a disability claim.

 

"VILLAGE SPEAKS":

Council Member Godwin had three complaints about damage to sidewalks from tree roots: W. Main/McKinley, 2nd house on E. Main, and 4th and McKinley.  The trees on Rt. 93 need trimmed too.

 

Council Member Huff had a complaint from the Dairy area of mowing before 7am.  This would be a police matter.

 

COMMITTEE OR COUNCIL REPORTS:

Insurance Committee met tonight with Nancy Brown of Vogley-Muskoff Insurance about renewal of the Village’s liability insurance.  There is a 3.2% increase for a total cost of $40,791.

 

Street Committee minutes from August 5th minutes provided to council.

 

Finance Committee met August 5th. 

 

Village Administrator Selection Committee Report.  Copy of minutes provided to Council.

            Preliminary draft of a VA position advertisement (Council copy)

            19-1991 Village ordinance: VA duties (Council copy)

            Letter from VA Steve Hartman to Mayor resignation/retirement effective 12/31/2013        per Council wishes (Council copy)

 

Reminders:

            On August 20th at 6 pm Neighborhood Watch meeting    

            On August 22nd at 6 pm Street Committee meeting       

Fall Clean Up: Week of September 23rd

 

OLD/NEW BUSINESS:

COUNCIL MEMBER STRAUSBAUGH MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to amend the original motion to remove the 45 days for the Village Administrator's resignation or retirement motion and replace it with 12/31/2013 with no options for extensions beyond that date.  Solicitor McCallin stated that since this was listed on the agenda, prior notice had been given and only a simple majority was required.  The vote: Strausbaugh, yes, Tharp, yes; Bichsel, yes, Godwin, yes; Hilliard, no; Huff, yes.  Council Member Tharp stated the committee came up with a reasonable compromise. 

 

COUNCIL MEMBER HUFF MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to include the Water, Sewer, and Street Departments in the CityWide Dispatch program.  The vote: All yes. 

 

COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to approve the hiring of Tom Jackson Realty for a market value appraisal of the Legion Hall at a cost of $600.  The vote: All yes.

 

COUNCIL MEMBER STRAUSBAUGH MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to approve the EDDS proposal to find qualified applicants for the Village Administrator position at a cost of $6800 with 70% coming out of Electric Fund, 10% coming out of Sewer Fund, 10% coming out of Water Fund, and 10% coming out of General Fund.  The vote: Strausbaugh, yes; Tharp, yes; Bichsel, no; Godwin, yes; Hilliard, yes; Huff, yes.

 

COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to hire Hazen and Sawyer to look into the water pressure problem in Muskingum area at an estimated cost not to exceed $ 5,000 and to also have them look into the dirty water problem at 123 Glick at an undetermined cost.  The vote: All yes.

 

COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to have an Employee Committee meeting on Tuesday,  September 3rd at 6:30pm to discuss on-call pay.  The vote: All yes.

 

COUNCIL MEMBER STRAUSBAUGH MOVED, SECONDED BY COUNCIL MEMBER THARP to create an ordinance to establish guidelines for the extension of employment for VA Steve Hartman.  Council Member Strausbaugh provided a draft.  Solicitor McCallin reviewed the draft and stated that Sections 3 and 4 were not legal. In the draft Section 3 states Steve Hartman is not eligible to come back as VA, and McCallin advised this would tie the hands of future Councils.  Section 4 states that repeal of this ordinance would require a vote of 5 of the 6 voting members. and McCallin advised this is not within State law. The solicitor recommends that Sections 3 and 4 be modified or removed.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER STRAUSBAUGH and motion carried to strike Sections 3 & 4 of the proposed ordinance.  Solicitor McCallin suggested adding a new Section 3 to state that Council accepts VA Hartman’s resignation/retirement effective immediately with and end of work date of December 31, 2013.  The suggested amendment was adopted by COUNCIL MEMBER THARP and approved by the SECOND.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to approve the creation of the ordinance.  The vote: All yes.

 

First Reading: An Ordinance to Establish the Guidelines for the Extension of Employment for Steve Hartman.

 

COUNCIL MEMBER STRAUSBAUGH MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to suspend the rules requiring three separate readings and bring  Ordinance 37-2013 forward for passage.  The vote: All yes.

 

ORDINANCE 37-2013:   An Ordinance to Establish the Guidelines for the Extension of Employment for Steve Hartman.

 

COUNCIL MEMBER BICHSEL MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to pass Ordinance 37-2013 as amended.  The vote: All yes.

 

Council Member Godwin discussed how this was a compromise.  Council Member Strausbaugh stated we have to start somewhere to work together.

 

Council Member Huff asked VA Hartman about the core samples that were being tested.  VA Hartman stated the report is complete but required an appointment to go over the results.

 

Council Member Hilliard asked the Mayor about the email he received concerning the Elton and Wabash intersection.  The Mayor stated that Council had not approved to have the VA to make an application to OPWC.  He also stated that increasing the radii will not make it safer, it only improves the turn lanes.  Council Member Tharp asked when the application is due.  Mayor Schwab stated the middle of September and it had to be engineered. 

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to see if Engineering Associates has enough time to get the engineering completed.  The vote: All yes.  Council Member Godwin asked what percentage the Village has to commit to in order to be approved by OPWC.  VA Hartman stated he usually commits to 26%.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER STRAUSBAUGH and motion carried to hold an Economic Development meeting on October 7th at 6pm to discuss the Community Sustainability Plan as presented by EDDS.  The vote: All yes.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to create a resolution increasing the Clerk's stipend for meetings from $900 to $1,200 and Council's salary from $1,320 to $3,000.  Council Member Huff discussed why he was leery of this type of raise.  Council Member Tharp discussed performance raises where he works.  Council Member Hilliard discussed how this Council has more meetings than any other Council in the past.  He also went over the accomplishments of this Council and stated he did not want scolded anymore.  The vote: Strausbaugh, yes; Tharp, yes; Bichsel, yes; Godwin, yes; Hilliard, yes; Huff, no.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER BICHSEL and motion carried to draw up an ordinance accepting Vogley-Muskoff's Village liability insurance proposal at a cost of $40,791.  The vote: All yes.

 

Council Member Hilliard would like to donate something to the FriendsChurch for allowing the Village to use their facility.  He wants Council to think about it.

 

COUNCIL MEMBER THARP MOVED to adjourn the meeting at 8:29pm.

 

 

Respectfully submitted,

 

 

 ____________________________________

K. Kris King, Village Clerk-Treasurer

 

 

 ___________________________________

Mike Schwab, Mayor