September 21, 2015 - Meeting Minutes

MINUTES
BREWSTER VILLAGE COUNCIL
September 21, 2015
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                 David Godwin, Council Member      
Chuck Hawk, Council Member           Tom Hilliard, Council Member
Paul Mackey, Council Member           Steven Tharp, Jr., Council Member    

 
VILLAGE OFFICIALS/EMPLOYEES PRESENT:

John Anthony, Village Solicitor          Kris King, Clerk-Treasurer
Chris Colucy, Fire Chief                     Rob Pauley, Village Administrator
 

MINUTES FROM THE SEPTEMBER 8, 2015 REGULAR COUNCIL MEETING:

Mayor Mike Schwab asked if there were any additions or deletions to the September 8, 2015 Council meeting minutes. 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to accept the minutes as presented.  VA Pauley stated he had given his Administrator’s report to the clerk and it was not presented to Council.  The vote: All yes. 

PRESENTATION OF BILLS:

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to accept the bills for the amount of $ 325,495.73.  The vote: All yes.  

AUDIENCE:

Council Rules: Members of the audience shall rise to be recognized, state their name and address, ask their questions or make their comments in a direct manner, and receive their answer in a like manner.  Members of the audience shall only speak at audience time, and shall be ruled out of order if they attempt to join in Council’s discussions.  Courtesy shall prevail at all times.

Jennifer Kirby, 9669 Elton St. SW, presented a petition to council requesting that Field #3 be designated the Denny Gehring, Sr. Field.  Council Member Godwin stated that Mr. Gehring had been instrumental in the building of that field.  Mayor Schwab went on to discuss the many works of Mr. Gehring for a period of over 20 years.  Everything from getting fields built, dragging the fields, and coaching to name a  few.  Mrs. Kirby showed an article she found while at her father’s house that discussed the Recreation Board of Brewster was “making things happen”.  Mrs. Kirby stated the family wished to thank Council for their time and consideration.     

Sherie Brown, Director of the Massillon Public Library, and Patti McGrath, Supervisor of the Brewster Branch of the Massillon Public Library provided Council with a handout about the services available at the Brewster Branch, the Pamela S. Belloni Memorial Branch of the Massillon Public Library.  A renewal of a 1.9 mil levy with a 1 mil addition will be on the ballot as Issue 31 in November.  Ms. Brown explained that this would cost a $100,000 homeowner $35 per year.  She went on to discuss the cuts made by the state to their funding.

Herbert Rearick, 220 Cleveland Ave. SE, stated the Village was looking at removing two tree from Witting Park and he would like to donate two nice blue spruces to replace them.  He also has two nice granite stones he would like to donate to delineate the end of the alley.  He stated the Village did a nice job on the alley.  He also thanked Council for not running the alley through the park.  Council Member Tharp thanked Mr. Rearick for the offers.  Mr. Rearick also requested permission to trim a tree in the right-of-way on his 216 Superior St. rental property.  A branch is nearly touching his house.  VA Pauley stated that he would send someone up to take a look at it.

Audience in attendance: Cindy Mackey, Ray Heitger, Alex Kirby, and Ann-Margaret Lambo.

CONSIDERATION OF ORDINANCES:

ORDINANCE 33-2015: An Ordinance Awarding a Contract for Village Casualty and Liability Insurance to Wichert Insurance Agency was given third reading.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to pass Ordinance 33-2015 as read.  The vote: All yes.

Second Reading: An Ordinance adopting an Employee Stand By program and modifying employee call out pay and adding both to the employee handbook.  Council Member Hilliard wanted to make sure that the VA would be totally responsible for making sure someone is always on-call.  He also thinks the Dairy should help pay for it.  Council Member Tharp stated that this type of stuff is factored into the rates.  Council Member Hawk stated he is in favor of the pay but is not in favor of the Dairy paying for the on-call employees.  He stated that is a service of the utility.  Council Member Hilliard stated he doesn't want the Dairy to pay for all it.  

First Reading: An Ordinance to amend Chapter 13 of the Codified Ordinances of the Village of Brewster regarding Municipal Income Tax.  Council Member Mackey asked how this was going to affect our income tax collections.  Clerk King stated our collection process would stay the same but the calculation methods would be changing.  Council Member Mackey stated the income tax department needs to be more customer service oriented.  He sees people come in multiple times to see the Tax Administrator and he is not in.  Council Member Hilliard commented that there needs to be consistent hours.  Council Member Tharp stated this is another case that needs to be handled by the administration.

ORDINANCE 34-2015: An Ordinance authorizing the purchase of two blocks of 1 MW Electric Power for 2016 – 2021 through American Municipal Power and declaring an emergency was given first reading.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to suspend the rule requiring three separate readings and bring the ordinance forward for passage.  The vote: All yes.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to pass the ordinance as presented.  Council Member Hilliard stated this will not necessarily save the Village money.  VA Pauley stated it will save the Village residents on their power purchases.  Council Member Hilliard stated it locks it in at a decent rate.  The vote: All yes.

ORDINANCE 35-2015: An Ordinance authorizing an agreement for crack sealing of State Route 93 within the corporation limits by the Ohio Department of Transportation and declaring an emergency was given first reading.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to suspend the rule requiring three separate readings and bring the ordinance forward for passage.  The vote: All yes.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to pass the ordinance as presented.  Council Member Godwin stated this is something that we need to take advantage of.  The vote: All yes.

MUNICIPAL DEPARTMENTS:

FIRE DEPARTMENT:Chief Chris Colucy

Chief Colucy is requesting the appointment of Kyle Hershey of 7885 Justus Ave. as a probationary firefighter pending a successful background check, drug screening, and physical.

The second half of the Sugarcreek Township Fire  and Ambulance contract has been received.

Council Member Mackey asked where the money for the contracts goes?  Chief Colucy stated it is used for running the department, equipment, and wages.

Chief Colucy has received notification of an ODNR Wildland Firefighting Gear and Equipment Grant.  It is a 50/50 match with a maximum of $10,000.

Council Member Hilliard asked if the department had purchased signs for the levy yet?  (Note: It would be the Firemen's Association not the Fire Department purchasing signs to promote the levy.)  Council Member Tharp stated he cannot purchase anything or take donations until he registers with him at the Board of Elections for a committee with a treasurer.  Chief Colucy and Council Member Tharp are going to get together and discuss it.

POLICE DEPARTMENT: Chief Harry Porter (on vacation)

Police Department Financial Statement: There was $852.25 collected in fines for May through September.

VILLAGE SOLICITOR:Attorney John Anthony

Reviewed contracts and legislation for several village projects.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to go into executive session for the purpose of considering the purchase of property for Village purposes since disclosure at this time, would give an unfair competitive or bargaining advantage to person(s) whose personal, private interest is adverse to the general public interest at 7:46 PM.  The vote: All yes.

COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to exit executive session at 8:17 PM.  The vote: All yes.  No action was taken.

COMMUNICATIONS:

Wilderness Center: Road Rally/Scavenger Hunt on October 17th using Sabo and Witting Parks.

Village Prosecutor Larry Chapanar: 2016 Contract Renewal – One Year at $ 12,000; similar to 2015.  Includes the services of Attorney Ian Crawford as Assistant Village Prosecutor; takes legislation.

AMP-Partners – Request passage of legislation to amend the Master Service Agreement between the Village & AMP to clarify that AMP is the Village agent for purposes related to economical and reliable power and other services; legislation required to modify current Agreement.

AMP – Copies of their 2014 Sustainability Report.

VILLAGE ADMINISTRATOR: VA Robert Pauley

Administrator’s report for period 09/05/2015 thru 09/21/2015:

Street department completed reconstruction of Lake Erie Place alley, topsoil/restoration to be completed. Using rented equipment for 7th St SE and Harmondale NE ditch projects.  Council Member Hilliard stated that the guys did a fantastic job.  He also stated that Elliot's Auto is parking vehicles in the alley beside his building.  Council Member Hilliard also stated that there are several street lights out on McKinley and one on the corner of Superior and Jackson in front of Morrison's house.

Attended Stark County Regional Planning Commission’s presentation for potential CDBG application projects. Researching the Transportation section for possible comprehensive roadway condition evaluation survey and possible safe routes to school application (working with CPT Creter) Application deadline for CDBG projects is November 6th, 2015.

Contacted four (4) refuse/trash collection firms for proposal for 1-day fall curbside residential cleanup. Two (2) proposals received.  Council had a discussion on having it once a year for a week.  The audience was consulted and agreed. 

Received resident request for placement of “Children at Play” signage for Chessie Place Alley (immediately north of Brewster Parke facility).

Sweetwater project startup testing continues for all systems, next progress meeting scheduled for October 14th – should be the final progress meeting as project have achieved substantial completion and beginning of warrantee periods for installed equipment continues as weather permits.

Received letter report from Kraft Power regarding the possible re-use of WWTP backup generator (replaced thru Sweetwater Project) – “The KW rating does not match the need at water department, or at the police and road departments. The unit would not be adequate for this purpose”.

Discussions with interested parties regarding potential solar field project continues.

Electric department completed Elton St line circuit changeover (part of ODOT SR93/Elton project) on September 19th thru short (2:04) scheduled outage without incident. Affected residents had been notified prior to outage.

Electric Department with GPD held kickoff planning engineering meeting for the McKinley Circuit rebuild project.

Line Shop Annex standby generator has been ordered by the contractor, increased lead-delivery time and required construction/ installation timelines being coordinated by Hilscher-Clarke.

Water department working with Shearers’ contractor for fill / testing of fire suppression storage tank.

Distributed via email Poggemeyer Design Group’s “Water Rate Analysis for Potential Service to Mt. Eaton” contact me with comments & questions.  Council Member Mackey asked if the RCAP rate study was still scheduled.  VA Pauley stated they were going to do an overall rate study.

The three OPWC Projects that had legislation passed last meeting were 50/50 match.  It was decided that the Village could not afford the projects at this time and also application could not be made without a 5-year Capital Improvement Plan.  The plan is to work on the Capital Plan and be better prepared for the year's applications.

VILLAGE MAYOR: Mike Schwab

Finalizing Pavilion Project for ODNR reimbursement: concrete installed at Pavilion

Needed - Invoice from Frontier Gazebos, filing Grant Agreement with County Recorder, and modification of walking path across from PD to provide handicapped accessibility to handicapped restrooms and designated parking spaces to gain final building inspection.  Council Member Hilliard would rather see it all blacktopped. 

Show & Tell and a quote of $ 2000 for realignment of walking path (will also provide fire hydrant access).  The Mayor provided pictures on the screen.  Council Member Mackey stated the administration just needs to get this done and doesn't need to bring it to Council.  Mayor Schwab stated he wants to get this finished.  He is making the presentation because he doesn't have the authority to spend that much and he wants to get it completed.  Council Member Hilliard discussed cutting the curb where the Fire Association brings the trucks and trailers up over the curb at festival time.  Council Member Godwin presented quotes for tables for the new pavilion: 3 regular and 1 handicap at a cost of $3,425. 

Council Member Mackey wanted to know why things aren't getting done.  Council Member Hilliard asked if Supt. Patterson was communicating with VA Pauley.  Mayor Schwab stated they are not communicating and there is a lot of finger pointing.  Council Member Hilliard stated the employees are to follow the VA's instructions. 

Mayor: Zoning addition proposal: Alternative Energy Systems & Wind Energy Systems;

Procedure for Zoning measures – Council sends to Village Planning Commission for review & recommendation; may I ask Council to do so with an eye toward a 10/22 PC meeting.

Suggestion – Modification of pending Call Out Pay portion of legislation currently being read.

Parking space striping in Downtown area.  The purchase of a striping machine was discussed.  The Mayor suggest hiring it out this year and then buying a machine in 2016 or 2017.  Laying out the spaces is time consuming and in the future Village crews can repaint following the old lines.  Council Member Tharp stated the VA has a lot of irons in the fire.  He stated this was a no brainer so let's just get it done.

From 08/17 Rick Breden of 525 N. Wabash Ave.requested that the alley adjacent to his home be returned to two-way Traffic (Ord 21-2002 designated Pennsylvania Place as one-way); Chief Porter finds request appropriate; legislation required to modify.

Proposed Solar Project: Discussions and site reviews have occurred with Atlas Power, Solar Planet, and AMP; ongoing; would suggest to Council that an off Monday Council of the Whole Committee Meeting be scheduled for Monday, October 26th.  The Mayor appointed Council Member Dave Godwin and Council Member Paul Mackey to serve on a Solar Committee with the VA and Mayor to have preliminary meetings with those providing proposals to make recommendations to Council.

VILLAGE CLERK-TREASURER:Kris King

Flu Shots: 19 employees participated last year at a cost of $360.00.  Does Council wish to continue this benefit?

I wish to commend Joyce Cunningham on the great job of filling in for me.  It's not easy to step into someone else's position and she handled it well.  I would also like to thank Tammy Fox for coming in and assisting Joyce.

COMMITTEES or COUNCIL REPORTS: 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

Council Committee Chairmen & Committee research.  The Mayor asked Council to clarify that each committee was all of Council with one member being the chair.  Having small committees for special issues and/or projects was discussed and agreed upon.

Refer to Parks & Grounds - ODNR Natureworks Grant applications deadline is May 1 of each year.

Refer to Insurance Committee - Ohio Insurance Services Agency offers administration of COBRA program for $ 650 per year.

Zoning Board of Appeals Meeting from 09/17: Variance approved for construction of a Carport at 383 Wabash Avenue N.

REMINDER:   Arts on the Boulevard – September 26 - 11am - 5pm

                      Trick or Treat – October 31st 6 – 7:30 pm; Rain Date November 1st

EXPENDITURE REQUESTS from past Meetings:         

Fairless High School Yearbook – Four Blocks of Ads in Yearbook = $ 125.00

Fairless Food Cupboard Toy Distribution scheduled for November 19 – Donations suggested

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

From the Mayor: Respectfully suggest:

1. Create legislation to amend the Master Service Agreement between the Village and AMP.

2. Create legislation to modify Ordinance 21-2002 to designated Pennsylvania Place (Alley) as two-way.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to donate $1,000 to the Fairless Food Cupboard Toy Drive.  Council Member Tharp stated he would rather see the money split between the toy drive and food distribution.  Council Member Godwin would rather wait for the Fairless Food Cupboard to request a donation.  The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to provide flu shots for employees.  The vote: All yes.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to place an advertisement in the Fairless yearbook for $125.  The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to have legislation designating Field #3 as Denny Gehring, Sr. Memorial Field.  The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to have an ordinance drawn up to amend the Master Service Agreement between the Village & AMP to clarify that AMP is the Village agent for purposes related to economical and reliable power and other services.  The vote: All yes.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to donate $1,000 to the Fairless Food Cupboard.  Council Member Hilliard would prefer to wait until they see if they need it.  Council Member Godwin asked Ray Heitger, a member of the audience that helps run the Fairless Food Cupboard if they needed a donation.  He stated it costs about $4,500 a month to run the program and are always looking for sources of revenue.  It was also stated that Clerk King usually holds a food drive at Village Hall.  The vote: All yes.  

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to have an ordinance drawn up for a 2016 Contract Renewal for Village Prosecutor Larry Chapanar – One Year at $12,000; similar to 2015 including the services of Attorney Ian Crawford as Assistant Village Prosecutor.  The vote: All yes.

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to appoint Kyle Hershey as a probationary firefighter pending the successful completion of background check, drug screen, and physical.  The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to have an Ordinance drawn up to modify Ordinance 21-2002 to designate Pennsylvania Place (Alley) as two-way.  The vote: All yes.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to accept a donation of two blue spruce trees and two granite stones for Witting Park from Herbert Rearick.  The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to refer to the Village Planning Commission an additional proposal for review & recommendation for alternative energy systems and wind energy systems.  The vote: All yes.

COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER FOX and set-up a meeting with HR Consultant John Barkan on Monday, September 28th at 6:30pm to continue discussion on the Police Department.  The vote: All yes.

Council Member Hilliard asked if VA Pauley was going to call Levco for a quote on the parking space painting on South Wabash.  VA Pauley stated he will do Supt. Patterson's job.

Council Member Hilliard asked if the crack sealer was reserved.  It has been.

VILLAGE SPEAKS:

Chief Colucy stated that he feels it is a mistake to put picnic tables in the new pavilion.  It will be too cramped and the tables are so heavy that they have to be moved with the backhoe.  Ray Heitger of the Recreation Board agreed stating they plan to use it for bands and such.  Council Member Godwin stated that he sees people eating there daily and they have to sit on the steps.  He wants to see the pavilion used daily and not just for special events.  Mr. Heitger suggested benches because they would be easier to remove for special events.

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to adjourn the meeting at 9:37 p.m.

Respectfully submitted,

Kris King, Village Clerk-Treasurer

Mike Schwab, Mayor