April 17, 2017 - Meeting Minutes

MINUTES
BREWSTER VILLAGE COUNCIL
APRIL 17, 2017
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
Dale Fox, Council Member                           Dave Godwin, Council Member
Chuck Hawk, Council Member                    Tom Hilliard, Council Member                   
Paul Mackey, Council Member                   Steven Tharp, Jr., Council Member
 

VILLAGE OFFICIALS:

Kris King, Clerk-Treasurer                             Mike Miller, Village Administrator (VA)
John Anthony, Solicitor
 

MINUTES FROM THE APRIL 3, 2017 REGULAR COUNCIL MEETING:

Mayor Mike Schwab asked if there were any additions or deletions to the April 3, 2017 Council meeting minutes. 

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

PRESENTATION OF BILLS:

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to accept the bills in the amount of $ 341,508.94.  The vote: All yes.

AUDIENCE:

Bill Roemer, a member of the Board of Governors of the Summit Educational Center introduced himself as a candidate for the Ohio House of Representatives for the 38th District.  He told of his experience as Director of Sales for AT&T, Summit County Commissioner, and currently member of the Board of Directors for Summit Educational Center.  He also has an MBA from Case.  He promises that if elected he will visit each community in his district once a year for their Council meetings to keep in touch.

Police Chief Keith Creter, Fire Chief Chris Colucy, Amy Daniels, Cheryl Wade, Village Technician Jim Spivey, Jenny Spivey, and Josie Adams were also present.

CONSIDERATION OF ORDINANCES:  Titles of each read by Solicitor John Anthony

ORDINANCE 27-2017:  An Ordinance Authorizing an Agreement with Stark County Commissioners for Paving and Maintenance of Elton Street E. was given third reading.

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

An Ordinance Authorizing the Adoption of an Employee Bereavement Pay Policy and Its Addition to the Employee Handbook was given third reading.

Second Reading: An Ordinance Authorizing the Vacation of Alley – Rutland Place – was given second reading.

Second Reading: An Ordinance Authorizing the Vacation of Alley – Bessemer Court – was given second reading.

                                       NOTE: Hearing for Review and Public Comment at 6:45 pm on May 1, 2017.

Second Reading: An Ordinance Authorizing the Adoption of an Employee Flex Time Policy and Its Addition to the Employee Handbook was given second reading.

First Reading: An Ordinance Authorizing the Addition of Chapter 97 to the Village Codified Ordinances to Establish a Right-of-Way Ordinance to Address such Matters as Small Cell and Wireless Facilities was given first reading.

RESOLUTION 28-2017:  An Informal Resolution Expressing Appreciation to Eugene Pepper for his Years of Service and Congratulate Him upon his Retirement was given first reading.

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

Councilman Godwin thanked Pep for all his hard work for the Village.

Tabled at third reading: An Ordinance Authorizing the Adoption of an Employee Bereavement Pay Policy and Its Addition to the Employee Handbook.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to un-table the ordinance.  The vote: All yes.

ORDINANCE 29-2017: An Ordinance Authorizing the Adoption of an Employee Bereavement Pay Policy and Its Addition to the Employee Handbook was given third reading per Solicitor Anthony.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to amend the ordinance per the VA’s recommendation.  Councilman Hilliard asked for an explanation of the change since he left early at the last meeting.  VA Miller explained that the employees would receive their normal rate for bereavement and it would not reduce their sick days. The vote: All yes.

The vote on the ordinance as amended: All yes.  The ordinance passes.

Councilman Hilliard had a resident ask if an alley would be vacated even if one of the adjacent residents objects to it.  Mayor Schwab stated it would be Council’s decision.

MUNICIPAL DEPARTMENTS:

Fire Department: Chief Chris Colucy

Looking into a collection agency for unpaid ambulance bills.  Also looking into hard billing non-residents.

Asking Council to secure up to a $50,000 loan for a new ambulance; Ambulance 156 is 14 years old.  The Ambulance Replacement Fund balance on March 31st was $ 140,557.21.  The fund currently only receives about $6,000 a year from call charges.

FEMA Grant Awards will be announced later this spring for the Fire Truck for which the Village has applied. 

The MARCS System was discussed again.  The Village would need to purchase 7 base radios and 23 portables.  If the department purchased the single ban the base radios would cost $12,600 and the portables would be $90,000.  In addition, there will be a $600 monthly fee.  Currently North Lawrence, Erie, Wilmot, and Beach City are all able to communicate with each other through South Fire.

The department has responded to 181 calls so far in 2017.

The Chief is requesting pre-emptive devices for the safety of the police and fire vehicles during calls.  The device would control the traffic lights near the station to allow the emergency vehicles to have access through the lights.  Estimates are between $6,000 and $10,000.

Police Department: Chief Keith Creter

Chief letter: Suggest stipends for Officer Benny Truman for his certification as School Resource Officer.  The Chief described the continuing education and responsibilities involved with the position.

Chief letter: Officer Keener has completed his six-month probationary period successfully.

Department updates on the CPT (Continuing Professional Training) and the Lexipol.  Each officer is required 20-hours of CPT.  The Village received a grant of $1,980 for training.

VILLAGE SOLICITOR:Attorney John Anthony

Solicitor Anthony is continuing his review of the Village Property Maintenance Code.  For it to work properly, especially for repeat offenders, the code needs stiffer penalties, sharper enforcement, and criminal penalty enhancement.

Solicitor Anthony is continuing his work on portions of the contract language for the purchase of 1.52 acres of the water tower access lane.  He is concerned about blanket utility easements, especially pipelines.  Also, oil and gas leases and who has the mineral rights.  These are all resolvable.  He is making sure the titles are clear for the Village to purchase the property. 

Councilman Hilliard wants to know how we can take care of properties that start projects and don’t finish them for several years.  Also, how we can make sure that residents are getting zoning permits.  VA Miller stated that the Village is now part of OUPS and we receive notification of locations.  Council and the employees are also the eyes and ears for the community.

Mayor Schwab thanked the Solicitor for his quick responses for to his frequent requests.

RECREATION BOARD:

Thank you to the Recreation Board for providing the Annual Easter Egg Hunt on Saturday, April 15th.

Thank you to the Brewster Moose for the lunch for the participants after the Easter Egg Hunt.

COMMUNICATIONS:

American Legion Auxiliary/Leota Codispoti: Thank you for sponsoring Abigail Quinn to Buckeye Girls’

American Legion/ Andy Codispoti: Thank you for sponsoring Lukas Nelson to Buckeye Boys’ State.

Donation request: Fairless Youth Baseball/Softball Association: requesting $1,000.

VILLAGE ADMINISTRATOR: Mike Miller

Administrator’s report for period 4/4/2017 thru 4/17/2017:

  • North Water Tower. I have engaged Dixon Engineering Inc. out of Medina, Ohio to perform an inspection on the North Water Tower in the amount of $2400. This is in preparation of having maintenance work done on the North Water Tower, either at one time or in phased projects, that are estimated to total $150,000 plus. Dixon Engineering was the proposed sub-contractor to do inspection by the top ranked firm for safety repairs on the North Water Tower. To save costs, it was determined to cut out the intermediary engineering firm and deal directly with Dixon Engineering.

Dixon Engineering Inc. will have a NACE Certified inspector do the inspection and prepare the report. NACE stands for NACE International—The Corrosion Society, and is a professional organization for the corrosion control industry with focus on cathodic protection, coatings for industry, inspection, corrosion testing, and material selection.

The North water tower was built in 1949, with an expected life expectancy of 100 years. It was last inspected by Norman Noe Co. Inc. in 1995. Before I am willing to invest an estimated $150,000 plus on a 68-year-old water tower, I felt it was imperative to have the tower completely inspected by a certified firm.

I would also point out that the local water tank painting company did do an inspection before they submitted their proposal, but they acknowledged that they are not certified inspectors. Their findings and pictures will be used by Dixon Engineering in compiling their report.

I will keep Council informed of the progress.

  • Spring Clean-up: We solicited prices from Meta Waste and Millers Reliable Waste for Spring Clean-up. The quotes received were from Millers Reliable Waste in the amount of $4,000 and Meta Waste in the amount of $ 7,000. If the  quote from Millers Reliable Waste is accepted the Spring Clean-up would be on Saturday, May 20th and Monday, May 22nd, with the condition that no tires, mattresses, box springs, TV’s or large quantities of building materials are acceptable.
  • Street Department.  We completed the background checks on our preferred candidate, Patrick Byham, for Village Technician – Street. As I indicated, Mr. Byham has extensive street and utility construction experience. He subsequently satisfied all conditions (i.e. physical, drug test, I-9) and he was hired effective April 10, 2017 at the entry rate of $17.95 per hour.
  • Water Department: We solicited bids from three (3) local companies to replace the furnace and add a dehumidifier for the Water Department. The upgrade is necessary to prevent damage to equipment from the high humidity that currently exists. It was determined to also upgrade to a high efficiency furnace (Energy Star 97% efficiency) as well.
  • Information Sheet. Because of a situation that arose, I have written a new informational sheet regarding Swimming Pools, which I have distributed to Council. As Council is aware, I plan to develop informational sheets for the common issues for which residents apply for zoning certificates. As I indicted previously, we plan to have informational sheets on various subjects available to our residents both in the office and online.
  • Wood Electric is continuing with its progress to move the WWTP back-up generator to the Water Treatment Plant. I will keep Council informed as to the progress.
  • As Council is aware, I am reviewing and revising individual policies contained in the proposed Compensation and Benefits Ordinance (29-2016), as well as our Employee Handbook.

I believe we can replace the Ethics Policy in the current employee handbook without requiring Council to pass another ordinance, by using ordinance 38-2014 (converted to codified ordinances) passed in 2014. The assumption I am making is that ordinance 38-2014 was meant to replace the employee handbook policy (2.4 Professional Ethics) that was/is less comprehensive, and was adopted six (6) years earlier in September 2008.

What I have as a result of taking ordinance 38-2014 (or our codified ordinances sections 38.08 to 38.19) and putting into handbook format is attached as 6.01 Ethics Policy. The only item added or taken out of the 2008 Employee Handbook is in the Assistance Section:

Also, if you are not sure if an action is ethical or proper, you should discuss the matter openly with your supervisor. If necessary, you may also contact the Village Administrator for advice and consultation.

If everyone is comfortable with that approach, I will add 6.01 Ethics Policy as distributed to our revised Employee Handbook.

  • As Council is aware, I am reviewing and revising individual policies contained in the proposed Compensation and Benefits Ordinance (29-2016), as well as our Employee Handbook.

In keeping with not reinventing policies unnecessarily, I reformatted our Social Media Policy that Council passed May 19, 2014, and added it as 6.16 as distributed to our Employee Handbook,

  • As Council is aware, I am reviewing and revising individual policies contained in the proposed Compensation and Benefits Ordinance (29-2016), as well as our Employee Handbook. I have revised 3.05 Overtime, which replaces 6.3 in the September 2008 Employee Handbook. I previously distributed it to Council. 

I am requesting that Council adopt the 3.05 Overtime to include in our revised Employee Handbook and to make it a codified ordinance in Chapter 38 EMPLOYEE REGULATIONS of our Codified Ordinances on a non-emergency basis. 

VILLAGE MAYOR: Mike Schwab

  1. UPDATE – AMP SOLAR PROJECT
  • Village continues to work with AMP, NextEra, Fairless, and Army Corp
  1. Ohio AG/Ohio EPA Consent Decree Case vs. Walkers/Hillview
  • Awaiting ruling from Judge Farmer

      3. Ohio Insurance Services OPEC – HC Update

  • Frank Harmon of Ohio Insurance Services has been asked to provide specific numbers for employee healthcare insurance by April 30, 2017.
  1. Solar Array Tour/Presentation
  • Presented by GEM Energy in Marshallville on 5/16 from 10am to 11:30 am
  • An email providing a link for registration forwarded to Council
  1. Efficiency Smart Program: LED bulbs available at Belloni’s for $1.00 until supply is depleted.
  1. Breakfast with local business people
  • Councilman Hawk and the Mayor sat down with Buzz and Chris Belloni of Belloni Foods, Jim and Connie Schumaker of Tattered and Worn and Just Ice Cream, and Becky from the Station Restaurant to talk.
  • Suggested a village street map/local business directory be made available to area businesses.
  1. Recent Village Electric Utility meeting with Dwight Neiderkofler of GPD

           Topics

  • Brewster Cheese expansion and other Village business’s future electric requirements, and related substation and distribution infrastructure improvements
  • New north side substation
  • 2nd power delivery point
  • Analysis of possible electric service to Beach City, if financially viable for both communities.
  • Electric rates and billing – last electric rate study was in 2008.

 

  •       8. Yard Waste cameras have provided evidence of two people dumping items that are not permitted.  The people were identified and had to come and retrieve their trash.  Could be used for prosecution.

 

  1. Mayor’s Monthly Statement = $11.00 from fines.

      10. ABATE of Ohio: Requesting Brewster declare May as Motorcycle Awareness Month.  Mayor to provide them with a proclamation.

VILLAGE CLERK-TREASURER:Kris King

April 4 – April 17, 2017:

  • Fire Pay = 6,140.59.
  • Attended the OAPT Hot Topic on Friday, April 7th, reviewed the changes coming to the collateral requirements and the municipal income tax centralized collection proposal.   
  • OhioCheckbook has received our test file.  They have approved the format.  I’m hope to have it up and running by the end of the week.
  • Attended the Local Government Officials Conference April 11th-13th.
  • Positive Pay is ready to go live.  I will be reaching out to PNC later this week to get it moving.  There are a few concerns I want to review with them before we roll with it.
  • Fairless Soccer Association is requesting to use Village Hall on Saturday, June 10, 2017 from 9 -11 a.m.  If there are no objections this evening, I will call them tomorrow and let them know they can use it.
  • The ODOT 2017-2018 Winter Salt Contract is due May 10th – A resolution from Council is required with the application.  Supt. Patterson is recommending 20 more tons for next year.

 

COMMITTEES or COUNCIL REPORTS:

Council appointments to Community Reinvestment Area Housing Council:  Councilman Tharp has spoken to Vance Weeks and he has agreed to be the final member of this Council.

REMINDER:    May 1st at 6:45 pm Public Hearing - Rezoning Parcels 7001556 & 7001558 from R-1 to I-1

                        May 18th at 7 pm Planning Commission Hearing - Vacation of a portion of Harriman St.

                                               

PENDING PROPOSALS FROM PAST MEETINGS:

1. Council appointment of one member to the Village Board of Income Tax Review

OLD or NEW BUSINESS: (Council Rules dictate a one meeting review period for expenditures, unless deemed an emergency)

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to approve the fire pay of $ 6,041.59 from the Fire Equipment Fund.  The vote: All yes.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to suspend the rule requiring the one meeting review period and approve the donation of $1,000 to the Fairless Youth Baseball/Softball Association from the Recreation Fund.  The vote: All yes.

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to hold spring cleanup May 20th and May 22nd and retain Miller’s Reliable Waste to collect at residents’ curbside at a cost of $4,000.  Councilman Tharp was concerned about the items that Miller’s would not pick up that Meta-Waste would.  Councilman Fox inquired about a time.  VA Miller stated that this will be set-up with the hauler.  The vote: Tharp, no; Fox, yes; Godwin, yes; Hawk, yes; Hilliard, yes; Mackey, yes.        

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to make the final appointment of Officer Aaron Keener after a six-month probationary period.  The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to schedule a Records Commission meeting on June 19th at 6:30 pm.  The vote: All yes.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to create legislation for the 2017-2018 Winter Road Salt Contract.  The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to appoint Vance Weeks to the Community Reinvestment Area Housing Council.  The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to create an Ordinance Authorizing the Adoption of an Overtime Policy and Its Addition to the Employee Handbook.  The vote: All yes.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to create legislation creating a $1,000 stipend for the School Resource Officer.  The vote: All yes.

COUNCIL MEMBER THARP MOVED to secure a $50,000 loan for a new ambulance.  Councilman Mackey stated that he needs more information before moving forward with this.  Councilman Hilliard asked  about the finances.  Councilman Hawk stated that he is pro-ambulance but would like to take a closer look at the ambulance that we are replacing.  Mayor Schwab thinks we should wait until we can gather information such as rate, length of the loan, and payments.  Councilman Hilliard thought the Mayor had already put his stamp of approval on it.  Councilman Hilliard thinks this should wait a meeting before moving forward.  Mayor explained that the meeting agenda lists topics that the department heads wish to present.  Councilman Tharp withdrew his motion pending more information from Chief Colucy who left on a call.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to draw up a Resolution of Appreciation for Kasey Jewell for his Eagle Scout Project in the park (the dugout covers on Field #1 and Field #3).  The vote: All yes.  

 

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to adjourn the meeting at 8:47 p.m.

Respectfully submitted,

Kris King, Village Clerk-Treasurer

Mike Schwab, Mayor