April 4, 2016 - Meeting Minutes

 

Brewster Village Council met in regular session with Mayor Mike Schwab presiding.

 

7:00 P.M. – CALL TO ORDER

 

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to excuse Councilman Godwin from this evening’s meeting.  The vote: All yes.

 

Council Members bowed their heads for the invocation provided by Clerk-Treasurer

Kris King followed by the Pledge of Allegiance.

 

Mike Schwab, Mayor

Dale Fox, Council Member                  Chuck Hawk, Council Member                      

Tom Hilliard, Council Member                        Paul Mackey, Council Member                       

Steven Tharp, Jr., Council Member     

 

John Anthony, Village Solicitor                        Kris King, Clerk-Treasurer                 

 

Mayor Mike Schwab asked if there were any additions or deletions to the March 21, 2016 Council meeting minutes. 

 

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

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to accept the bills for the amount of $ 87,231.54.  The vote: All yes.

 

No one wished to speak at this time.

 

Audience in attendance: Cindy Mackey and Jay Huff.

There were no guests.

 

CONSIDERATION OF ORDINANCES:

ORDINANCE 11-2016: An Ordinance amending Ordinance 22-1992 that established the compensation for the Interim Village Administrator was given third reading.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX to bring the ordinance forward for passage.

 

COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER THARP to go into executive session for the purpose of considering compensation of an employee of the Village of Brewster.  The vote: All yes.  Council, Solicitor Anthony, and Mayor Schwab exited to the community room at 7:05pm.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to exit executive session at 7:33pm.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to amend the ordinance to include Section 4: In the case of a temporary appointment of a current employee to the interim VA position the salary would be defined as an hourly wage based on a 2080 hour year.  Such hourly wage would be added to that employee’s current hourly wage to provide a blended wage for any hours worked by the employee, in both his current and interim duties for the duration of the temporary assignment.  The employee will perform both jobs on a split schedule as needed.  Councilman Tharp added that his time would be compensable in both positions at time and a half if overtime occurs and should be made retro to his beginning date as Interim Village Administrator.  The vote: All yes.

 

Discussion opened on the ordinance as amended.  Councilman Mackey stated he could not justify an increase to the position as no other positions received increases this year.  Councilman Tharp stated this position had been neglected for 25 years and paying someone at a 1992 wage was irresponsible.  The vote: Mackey, no; Tharp, yes, Fox, yes, Hawk, yes; Hilliard, no.  Motion passes.

 

First Reading: An ordinance authorizing consent legislation for resurfacing of State Route 62 by the Ohio Department of Transportation (ODOT) within the Village limits.

 

First Reading:  An ordinance amending Ordinance 24-2008 which adopted a Personnel Policy Manual.

 

An Ordinance authorizing a Power Purchase Agreement for a Behind the Meter Solar Energy Project.  Councilman Mackey asked where we are with the Power Purchase Agreement.  Mayor Schwab stated this ordinance would designate which solar provider would be awarded the project.

 

An Ordinance to amend Village Zoning Code by adopting Chapter 506 Alternative Energy Systems.  Public hearing scheduled for April 18, 2016.

 

FIRE DEPARTMENT: Chief Chris Colucy excused

Sugar Creek Township Trustees have approved $ 500 toward the FD Ice Rescue Scuba gear purchase.

 

Ordinance 24-1976 places number of Firemen at 35 – this answers a question from the 03/21/16 meeting.

POLICE DEPARTMENT: Chief Porter on leave

Captain Creter unable to attend this evening; he is working on providing PD numbers for Village Web and Facebook sites to provide report to the community as to PD activities.

 

Captain Creter has revamped the PD Junk Car Notices & the Procedure for providing notice to possible violators.

Legal 101 – Rezoning: First step is to take the request to the Planning Commission (PC) which makes a recommendation to Council.  Council must then either pass it with a 2/3 vote or reverse their recommendation by a ¾ vote.  Either way, the citizens can challenge it.

 

Mayor has kept the Solicitor busy in the past 3 weeks with research of a number of issues; thank you!

 

Solicitor Anthony has prepared a contract with the Fairless School Board for the purchase of property.  The Fairless attorney made some changes and both parties are in agreement on the current language.

 

Donation Request: Fairless Youth Baseball & Softball Association – $500.00 - Brian Gregorich VP of FYBSA.

 

Donation Request: D.A.R.E. for the PD DARE program at Fairless – $1,500 - Sergeant Rossiter & Capt. Creter.

 

Letter from Myron & Marilyn Miller concerning Village Solar Project.

 

American Legion Letter: Thank you for donation to 2016 Boys State Program.

 

ODOT: SR 62 between Fairless & intersection at SR 93 will be closed for 11 months beginning in October 2016 for repair of two bridges (Repository article).

 

INTERIM VILLAGE ADMINISTRATOR: Dan Klein (excused)

Street Department:

 

Water Department:

 

Sewer Department:

 

Electric Department:

 

VILLAGE MAYOR: Mike Schwab

VA Search – The Deadline was 4 pm on March 31, 2016; 51 were received by the deadline.

Council copy of the Applicant/Candidate List; 2 applications were received after the deadline.

Councilman Hilliard asked when the first VA Search Committee meeting would be held.  The Mayor stated that the members of the committee must first review all the resumes. Councilman Mackey stated he has reviewed them and rated them and the Mayor stated he was halfway through them.

As you know, Interim VA Klein, Kris King, Paul Mackey & Mayor met with Sherri Loos of RCAP to review the RCAP Village Water Rate Study.   Since then RCAP has provided a second Rate structure that places more of the fixed costs on to all customers.   Copies of the first rate structure and the second were emailed to Council for their review.  The Final version went out today.  Ms. Loos has suggested that she meet with Council to review the Study.  

 

PROPOSED SOLAR PROJECT:    American Renewable Energy and Power LLChas proposed the near future addition of battery storage to their proposal, and I believe storage will be a vital component of any solar array.   ARE comes highly recommended by an AMP municipal that recently contracted for a second solar field/storage battery installation with ARE.  A representative of Bricker & Eckler, a Columbus legal firm that is involved on solar in Ohio, speaks highly of ARE and Dave Dwyer.  Dave Dwyer has met with Fairless and Brewster Cheese to review possible alternative energy solutions to those entities’ power needs.

I would recommend that Village Council have the American Renewable Energy and Power LLC solar field proposal reviewed by GPD, the Village electric engineering consultant.  GPD has provided a revised quote of $ 11,810 for the review of one proposal and one Power Purchase Agreement (council copy).

 

AMP has not followed up with February 26 news release that announced that AMP will partner with NextEra Energy Resources to construct & operate 80 megawatts of solar generation facilities at 26 AMP community sitesby providing additional info as to the cost and logistics of their proposal.

Rick Patterson and I will meet with Supt Bidlack from Fairless to review the proposed upgrade of the lane to the Village water Tower and the installation of Storm sewer piping adjacent to the lane for drainage.   Rick has provided an estimate of $ 15,877.00 for a ground up rebuild of the lane.  This includes 400 tons of base slag, 220 tons of top slag, and the two-week rental of a dozer, excavator, and compactor.   Rick has also estimated that the storm sewer material will be at $ 4500.    Councilman Hilliard asked if this expenditure would be brought back to Council.  The Mayor stated it would be brought before Council and expects the solar vendor to cover this expense.

 

Clerk Kris, Councilman Mackey, and I have scheduled a meeting with a Representative from Clemans & Nelson (C&N), an HR Attorney firm, on Wednesday to discuss the possibility of the Village retaining their services for HR issues.  We plan on asking about a monthly retainer for consultation of any issue that may arise as well as a separate cost for providing such services as job description review, updating the Village personnel policy manual, and so forth.  They have provided some preliminary costs for some of those services.  You may recall that C & N were in play when the last HR consultant was employed, with C & N at a much lower cost.  Councilman Hilliard asked what we did before Barkan was hired.  Clerk King stated there wasn’t any issues until the last few years.  Councilman Tharp stated that part of Mr. Barkan’s contract was to produce job descriptions.  He wanted to know what we have to show for the $22,500 we spent on Mr. Barkan.  Councilman Tharp doesn’t want to just let this go.  He wants the Solicitor to pursue it.

 

Remind Council of the Public Hearing for the proposed addition to the Village Zoning Code for Alternative Energy Systems at 6:30 on April 18th.   Tonight, I provided each member of Council with a copy of the proposed language to be added to the Zoning Code.   I would ask each member of Council to review this handout to allow them to be participate in the 30 minute public hearing.

 

Talked with Pat Matheny, Scoutmaster of Boy Scout Troop 301 at the Scouts’ Saturday, March 26 Recycling Day in Brewster Park.   This Scout Troop out of Beach City has taken over the operation of Brewster’s recycling efforts and currently consists of 19 boys from Beach City and Brewster.  The Boy Scouts man the recycling drop off site on the second and fourth Saturdays of each month between 10 am and 1 pm to assist at the site.

 

The Planning Commission Meeting to review two Rezoning Applications has been scheduled for

Thursday, April 21 at 7 pm in Council Chambers.  Signs have been purchased to be placed on the properties on which the rezoning has been requested.

 

REMINDER:    SOG Committee to schedule a meeting to review Fire Chief Colucy’s recently submitted SOG Draft ?   Both the Solicitor and HR Consultant Barkan have provided reviews.

 

FD SOG Draft submitted by Chief Colucy:     Taken from June 1, 2015 Council Meeting Minutes:

“The Fire Department is completing the Standard Operating Guidelines (SOG’s).  Mayor Schwab would like to form a special committee to review them. He has invited Council Member Mackey and Council Member Fox to join Chief Colucy, Fire Department members appointed by Chief Colucy, and himself to be on the committee.”  

 

 

The Mayor appointed Judy Maybaugh to the Brewster Board of Income Tax Review.

 

Proclamation:  May is Motorcycle Awareness month in Brewster. 

 

FirstEnergy:  The final easement agreement has been recorded.  FE has the assignment paperwork.  The payment to Shelly Materials has been released.  I am awaiting an estimate from GPD in order to provide a final invoice to FE.

 

Auditors were in Monday, March 28^th through Friday, April 1^st.  I expect a preliminary report shortly.  They still have several items to finish up.

 

Fire pay for March is $8,125.28.  Councilman Hilliard mentioned the fire pay being higher.

 

I have been in contact with DEFA to get the third change order funds for Kenmore Construction released for payment.  I am also working on getting reimbursement from the contingency fund to cover the additional costs for Hazen and Sawyer for the three change orders. 

 

Month End and Year-to Date financials along with the revenue and expense reports have been placed in all of Council’s mailboxes.

 

Easter Egg Hunt expense report provided by LaVonne Heitger.  Total monies spent was $608.68.

 

Councilman Tharp asked when the sign in front of Village Hall would be put up.  Clerk King stated she has not received any word.

 

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

A Council of the Whole Meeting was held on 03/21 to discuss Village personnel topics.

 

The Committee of Employee Wage & Benefits review met on 03/29 to review a draft of a proposed Employee wage ordinance; productive meeting. 

 

A Council of the Whole Meeting was held tonight for Village finance topics.  A ½ percent income tax was discussed.

 

Joyce has prepared a Draft of Village Government contact information.  Please review and advise of any corrections that need to be made.

 

David Held, Executive Dir. of the STWJWM District is available for a morning or afternoon meeting to discuss aspects of a single waste hauler contract for Village residents.  Councilmen Tharp, Fox, and Mackey would like to be involved.

 

Council Member Hawk stated the Boy Scout leader is concerned with the Police Department equipment in the garage where the boy scouts have their recycling supplies and would like to build a wall to separate the boys from the equipment.  The Scout Master stated he and the boys would do the labor if the Village purchased the supplies.

 

REMINDER: Council needs to appoint two members to the Village Income Board of Income Tax Review.

EXPENDITURE REQUESTS from past Meetings:   

1. Mayor – To continue Solar Field Project:Recommend that GPD engineering be engaged to provide a review of the three Power Purchase Agreements (PPA) at $ 14,000 (recommend that the fee be passed on to successful solar contractor). An updated quote of $ 11,810 has been received for review of one Proposal & PPA.

 

April 11^th at 6:00 – Council of the Whole – Village Waste Management Proposal

 

April 18^th at 6:30pm – Public hearing for the proposed zoning amendment to regulate Alternative Energy Systems

 

Week of April 18^th – Village Spring Clean Up – Curb side and dumpster drop-off

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

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to pay the March Firemen’s pay at a cost of $8,125.28 from the Fire Equipment Fund.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to direct the Solicitor to send a letter requesting the work performed on the job descriptions from John Barkan.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to create an ordinance amending Section 13.3(A) of the Village of Brewster Ordinance #534 passed on August 24, 1953 to increase the municipal income tax from 1% to 1½% for five years.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to create a resolution to provide for the submitting to the electors of the Village of Brewster at the general election on November 8, 2016 the question of a temporary increase in the Village income tax in excess of 1% and a rate of 1½% for five years.  The vote: All yes.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER MACKEY to donate $1,500 to the DARE program.  Council Member Tharp reminded Council of the rule requiring Council to wait one meeting before approving an expenditure.  Motion was withdrawn.

 

COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to schedule a meeting for April 25^th at 6:30pm to meet with Sherri Loos of RCAP to review the rate studies for water and sewer.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to change the meeting time for the April 11^th meeting from 6:00pm to 6:30pm.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to hire GPD to review the PPA at a cost of $11,810.  Councilman Hilliard is concerned about what Fairless is going to charge for the property.  The Mayor stated that GPD will determine whether it will be a profitable project.  Councilman Mackey stated that PUCO has guaranteed that the big power companies will get 11% profit.  He stated this project will help to protect us from our power purchases of rising uncontrollable.  The vote: All yes.

 

Councilman Hilliard stated he had his ears chewed by three different people that did not want a single trash and recycling hauler.  Their reasoning was that they like to have the option to choose who was hired and was concerned about only being allowed one can.

 

Councilman Tharp stated his grandmother really liked the idea of a single hauler with the recycling being picked up at the curb.

 

Councilman Tharp kudos to the Street and Police Departments on their quick action when a tree came down on 2^nd Street Saturday night.

 

"COMMENTS FROM THE AUDIENCE":

Jay Huff, 756 McKinley Ave SW, felt that the way the income tax increase was going to be publicized needed to be more explicit in order to explain that it was supplementing the Police Department and street repairs/construction.  Councilman Hilliard stated the current goal is to evaluate the street and get with the Police Department.

 

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to adjourn the meeting at 9:01 p.m.

 

Respectfully submitted,

 

_____________________________________

Kris King, Village Clerk-Treasurer

 

____________________________________

Mike Schwab, Mayor