October 17, 2016 - Meeting Minutes

 

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.

 

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

 

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

John Anthony, Village Solicitor             Keith Creter, Police Chief        

Chris Colucy, Fire Chief                       Jim Spivey, Village Technician

 

Mayor Mike Schwab asked if there were any additions or deletions to the October 3, 2016 Council meeting minutes. 

 

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

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to accept the October 17, 2016 bills in the amount of $ 346,619.45.  The vote: All yes. 

 

Audience in attendance: Jason Allen, Ray Heitger, Jenny Spivey, and Ann Margaret Lambo.

 

Jason Allen, 588 Amherst St SE, asked if the Silver Maple and the Tulip Poplar trees in the alley adjacent to his property were going to be taken down.  VA Miller had spoken to him in the past and he stated they was a list of trees to be taken down.  VA Miller explained that he is having several contractors come in to give quotes for about a dozen trees that need removed.  Once the process is complete, the trees will be taken down.

RESOLUTION 38-2016: A Resolution setting the Amounts and Rates and instructing the Clerk to submit to the County Budget Commission was given third reading.

 

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

 

Second Reading: An Ordinance Authorizing the Rezoning of Parcels 70-00247 and 70-00248 from B-2 (Business General) to I-1 (Light Industrial).

 

Second Reading: An Ordinance Authorizing an Employee Standby Pay Policy.

 

Second Reading: An Ordinance Authorizing an Employee Call Out Pay Policy.

 

Second Reading: An Ordinance Authorizing an Employee Wage Policy.

 

Second Reading: A Resolution Authorizing the Participation in the ODOT Cooperative Purchasing Program.

 

Second Reading: A Resolution Authorizing the Mayor to Designate Village Representatives to AMP Boards.

 

RESOLUTION 39-2016: A Resolution Authorizing the Village to Participate in the AMP Phase II Solar Project at 4MW was given second reading and declared an emergency.

 

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

 

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to pass the resolution as read.  The vote: Tharp, yes; Fox, yes; Godwin, yes; Hilliard, no; Mackey, yes.  Resolution passes.

 

Mayor Schwab stated this permits the Village to either host or subscribe to up to 4MW of solar power.

 

First Reading: An Ordinance Authorizing an Employee Compensatory Time Policy.

 

FIRE DEPARTMENT: Chief Chris Colucy

Chief Colucy and Captain Borojevich both passed their Fire Inspector test.

 

There has been no news on whether the Department has received the grant for the power cots.  They should be contacting us within the next week.

 

Pumper #158 will go out this Wednesday to get seals and pump repacked.  It has been leaking for some time and is getting worse. 

 

Sgt. Rossiter attended and successfully completed training for Sexual Assault Investigation. The training took place at OPOTA, London Ohio October 11-13.

 

New camera system is up and running. Officers Keener and Hudy were getting ready to complete reports and noticed juveniles in the gazebo, one juvenile was kicking out the spindles. Both quickly responded and made two arrest. Our department was able to obtain a recording for evidence.

 

October 11 – 14 was School Bus safety week. Fairless Schools day was the 14^th with Officer Truman and several members from the Sheriff’s Office riding on busses during routes and shadowing busses also. Focus was on student behavior and safety, and bus safety zone infractions (e.g. vehicles failing to stop for the bus flashing reds during student pickup). No violations reported.

 

Our department has handled several raccoon and opossum complaints during the daylight hours over the past several weeks. We have switched to live trapping versus disposing (shooting) of the animals on scene. If the animal is sick then it will be taken to another location to be disposed of, and if not then released at another site. Would like to thank Mike Radich for trapping training and assistance with trapping, and VA Mike Miller for donating the live trap.

 

Captain Taylor is currently writing a grant available through the Office of Criminal Justice Services known as the JAG LE (Justice Assistance Grant Law Enforcement) We are writing the grant in hopes to be able to purchase two Watch Guard in car camera systems which would replace the outdated versions in cars 1 and 3. We have had both units sent away for repair with one of the units out of service again. This will be a 10 % match with totals listed below:

 

1 camera system – $5,020/ Village pays - $502

2 camera systems - $10,040/ Village pays - $1004

 

Grant awards will be in January 2017 for either both, one or none. With the deadline being November 1 2016, we would ask for Council’s approval this meeting. The Villages portion will be due if and when the grant is awarded.  Clerk King asked if this was a reimbursement grant.  Chief Creter stated it was.  Councilman Hilliard asked if the Police Car and Equipment Fund had enough in it to pay for the equipment.  Clerk King stated it did but also the General Safety Police Capital Outlay account may be used.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to go into executive session to meet with Legal Counsel to discuss disputes involving the Village that are subject to pending or imminent court action at 7:19 p.m.  The vote: All yes.

 

All Council, the Mayor, the VA, and the Solicitor exited to the community room.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to exit executive session at 7:28 p.m.  The vote: All yes.  No action taken.

 

Ohio Medical Marijuana Law – Last meeting Solicitor Anthony provided Council with draft legislation for the ban on the growing, the processing, the distribution, and the sale of the product within corporation limits.  He stated this will be considered a Zoning Ordinance because it has to do with land use.  It will have to go to the Planning Commission and a Public Hearing will be scheduled.  He has since done more research and would suggest a moratorium which the ban is being considered.  The moratorium would last for six months and is worded that it will not require the Planning Commission review.  He provided a draft ordinance should Council wish to pass under emergency, have three readings or not consider.   

 

Village Prosecutor Ian Crawford has submitted his Contract renewal; Council legislation required.

 

Thank You from Fairless Food Cupboard Dir. Denny Brahler for Village’s Donation for Toy Drive.      

 

VILLAGE ADMINISTRATOR: Mike Miller

 Administrator’s report for period 10/4/2016 thru 10/17/2016:

 

The Electric Department will be beginning to remove the old power poles on McKinley now that Frontier has removed some of their lines.

 

In an e-mail I provided a comparison table regarding the OPEC Health Care January 1, 2017 Renewal proposal. The table that breaks down the current (2016) costs of health care versus the projected costs for 2017 based upon the two (2) OPEC proposals – a 6.2% increase with a $1000 per enrolled employee “assessment of debt recovery (ADR)” and a 12.4% increase which eliminates the $1000 per enrolled employee “assessment of debt recovery (ADR)”.

 

The lowest projected cost for 2017 for the Village is to accept the 12.4% increase. The Village’s projected cost for healthcare with the 12.4% proposal is lower than the 6.2% proposal by $728.09 per month, or $8,737.08 for the year. The Village’s projected cost for healthcare with the 12.4% proposal for 2017 is also lower than the 2016 levels by an even greater margin of $1,461.33 per month, or $17,535.96 for the year. As I indicated the potential drawback is that IF we stay with OPEC for health insurance in 2018, that increase would be based on the higher number versus the 6.2% numbers. However, since our contract is up with OPEC in 2018, if those numbers aren’t the lowest and best, we will have options.  The 12.4 % increase does mean that there will be an increase in the employees for their share of health costs.  My recommendation is to accept the 12.4% rate increase which eliminates the $1000 per enrolled employee “assessment of debt recovery (ADR)” from OPEC.

 

The set of proposed policies for Village cell phones has been completed, and was previously distributed.

 

They are a series that interact.

 

The most effective way to settle the debate about whether to continue to issue employees a Village owned cell phone or pay an allowance is to NOT choose (at least initially). By beginning to offer the option to receive a cell phone allowance, most employees will decide on their own that they would rather receive an allowance than carrying two (2) phones (Village rules on use and IRS regulations on “taxing” make personal use of a Village issued cell phone burdensome to say the least). So, at some point in the future, we may reach the point where we eliminate Village issued cell phones and/or we can require new employees to take the allowance route. In other jurisdictions that I have worked in, this approach worked well.

 

 

Councilman Hilliard was concerned how this would affect the lineman.  VA Miller stated this would not affect the ability to contact the lineman.  They have to follow the policy.  Whether their phones become public records was questioned.  VA Miller stated any public records would only be temporal. 

 

We have begun a process to expand the number of Engineering Firms we will potentially use for future projects. The process is to meet with engineering firms within an approximate 35-mile radius (Akron), including Village staff, so that we can both become familiar with what each firm has to offer and to assess what staff they will be using. Our first meeting was with GPD to assess what they can offer beyond the electric expertise we are used to using. We have also met with Quicksall from New Philadelphia.

 

Our intended approach for projects in the future that need the development of specifications and bid documents is to have a number of engineering firms that we use (or can use). We also can use those same firms for construction oversight when necessary. We intend to have a different engineering firm oversee construction than prepares the specifications and bids documents – so that firms aren’t “grading” their own work so to speak.

 

I e-mailed details of the Village’s remainder contract that AMP solicited on our behalf with BP.

 

We continue to explore the most economical methods to address the back-up generation issue at the Water Treatment Facility.

 

We met with RCAP (Rural Community Assistance Partnership) on Friday October 7th. They brought the Village up to date on the completion of the GIS project to map/locate the Village’s electric, water, and wastewater utilities. They also presented the Village with the option to participate in their GIS Cooperative in order to keep our utility map/locations up to date. The GIS map that they have produced will quickly become obsolete if we do not keep it current. Failure to update the maps will result in incomplete records and/or a need to redo the project again in the future. The cost for all three (3) utilities would be with the 15% discount applied if we enroll all three utilities (water, sanitary, electric). If the village decides to join, they have offered to provide Coop services at no charge through the end of the year, with participant fees would start beginning January 1. The RCAP Cooperative GIS Service Participant Agreement has some areas that the Solicitor will need to change some language.  VA Miller would like to add Streets as a miscellaneous module.

 

RCAP also discussed the status of our sewer rate study – the Village needs to get more current information on both projected maintenance/upkeep costs as well as a capital improvement plan to them before they can finalize their study.

I am requesting Council pass legislation to authorize participating in the RCAP Cooperative GIS Service Participant Agreement on a non-emergency basis.   

The Mayor, Clerk, Councilmen Mackey and Godwin, and I met with Chris Deeter to review AMP’s 16-page Credit Scoring.  Mr. Deeter emphasized the importance of a six-month reserve of O&M expenses.

Councilman Godwin asked about our Capital Improvement Plan.  Not only in the Electric Fund but also the Sewer and Water Funds.

VILLAGE MAYOR: Mike Schwab

Language in this Legislation states that prior to November 1st Brewster Council must select one of two options:

                        1.         host solar field & subscribe to up to 4 MW of solar energy         

                        2.         subscribe to up to 4 MW of solar energy

 

 

 

 

3.         Beginning with the November Election Stark County Board of Elections has moved North Brewster Polling Site to the Brewster Parke Welcome    Center at 360 N. Wabash Avenue        (Building that houses the Pharmacy & Offices)

 

 

            Township has a Fire Levy – Property Tax

            Brewster receives 55.9% of Levy proceeds         = $ 54,720.00 annually

            Fire/EMS runs in Sugarcreek Township in 2015 =           175      (67% was EMS)

            Some years they send extra if they receive extra tax revenue

 

            Township has a Fire Levy – Property Tax

            Brewster Contract proceeds                               = $ 47,926.00 annually

            Fire/EMS runs in Tuscarawas Township in 2015 =          98         (74% was EMS)

           

            * Prior Tuscarawas Township Contract was $ 40,000 annually

 

I was finally able to get all the information for our Drug Free Safety Program.  Awaiting notification of approval.

 

I have a meeting set up with PNC Bank to compare banking services on November 15^th at 9 a.m.

 

I will be setting up an exit conference for the 2014-2015 Audit.  They will be providing a quote shortly for preparation of notes to the financial statement. 

 

I am beginning to work on the year-end legislation to finish up 2016 and budgeting for 2017.

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

Minutes from Council of the Whole Committee Meeting – Finance from October 10

 

 

                October 19th at 10 am - State of Ohio US Veterans Identification Card informational meeting at Massillon Lion’s Club Theater presented by Stark County Recorder

                November 17th at 7 pm Planning Commission Hearing – Medical Marijuana Ban               

 

Mayor: Council consideration of Village employee wage increases

 

Legislation TABLED at Third Reading on September 19, 2016:

            Authorize an Exclusive Development Agreement with American Renewable Energy

            Authorize Option to Purchase Agreements for Property for Proposed Solar Project

 

OPEC-HC Renewal 01/01/2017:        Option 1 – 12.4% increase;

                                                            Option 2 – 6.2% increase & $ 1000/month/employee

            VA has provided Council with a spreadsheet that outlines cost for each

 

From VA: Employee Compensatory Time Policy (emailed to Council by VA)

 

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

Councilman Tharp asked questions about the language in the AMP Phase II Ordinance and questioned whether Council could make the decision on whether the Village hosts the solar site or just subscribes for up to 4MW’s of power.  Solicitor Anthony reviewed the legislation and stated the VA is given the authority to make the decision.  VA Miller stated he will subscribe for the power and not host the site.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to allow the Police Department to apply for the car camera grants (JED LE).  The vote: All yes.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to create legislation to pass the cell phone policies as laid out by the VA.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to create legislation to renew Attorney Ian Crawford’s contract for 2017.  Councilman Hilliard asked the Mayor if he was happy with Atty. Crawford.  Mayor Schwab stated he was very pleased with his work. The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to create legislation to participate in the RCAP GIS Program.  Solicitor Anthony is concerned with one of the paragraphs in the contract.  The vote: All yes.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to create legislation to renew Solicitor John Anthony’s contract.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to create legislation to choose Option 1 of OPEC’s Health Insurance Renewal that would result in a 12.4% increase for 2017.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to create legislation for a medical marijuana moratorium and declare it an emergency.  The vote: All yes.

 

ORDINANCE 40-2016: An Ordinance Declaring a Moratorium for a Six-Month Period on Medical Marijuana and declaring an emergency was given first reading.

 

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

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to pass the Ordinance as read.  Councilman Godwin asked if the ban ordinance is able to override the moratorium.  Councilman Hawk stated it will take almost as long as the moratorium lasts for the ban to make through all the steps of the Planning Commission.  The vote: All yes.

 

Councilman Tharp stated that he a couple of residents say they appreciate the police being on the Issue II Ballot because they feel it is important to have an officer in the school full time.

 

Councilman Hawk had two residents request a dog park.

 

Chief Colucy stated he forgot to mention that he spoke to Blake Renner from Tuscarawas Township concerning the Fire Contract and that Mr. Renner will come to a Council Meeting to speak to Council.

 

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to adjourn the meeting at 8:15 p.m.

 

 

Respectfully submitted,

 

____________________________________________________

Kris King, Village Clerk-Treasurer

 

____________________________________________________

Mike Schwab, Mayor