March 21, 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                  Dave Godwin, 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                 

Keith Creter, Police Captain                 Chris Colucy, Fire Chief         

Dan Klein, Interim Village Administrator

 

Mayor Mike Schwab asked if there were any additions or deletions to the March 7, 2016 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. 

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to accept the bills for the amount of $397,244.25.  Council Member Hilliard stated the new phone system for the Police Department was at a cost of $3195.  He stated the towing bills ran between $150 - $175 and he thought it could be done cheaper.  He asked about the optics for the shotguns for two officers from their uniform allowance.  Capt. Creter stated those were approved by Chief Porter before he went on leave.  Capt. Creter then described the new phone system at the Police Department and that by pressing zero after the first prompt, the caller is connected to dispatch.  The vote: All yes.

 

No one wished to speak at this time.

 

Audience in attendance: Cindy Mackey, Jay Huff, and Ann Margaret Lambo.  There was also four candidates for part-time Police Officers and their families.

There were no guests.

 

CONSIDERATION OF ORDINANCES:

ORDINANCE 09-2016: An Ordinance authorizing consent legislation for the resurfacing of State Route 93 by the Ohio Department of Transportation within the Village limits in 2019 was given third reading.

 

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

 

ORDINANCE 10-2016: An Ordinance amending Ordinance 16-2012 that established fees, set conditions, and outlined the procedures for the use of Village Park Facilities was given third reading.

 

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

 

Second Reading: An Ordinance amending Ordinance 22-1992 that established the compensation for the Interim Village Administrator.

 

An Ordinance authorizing a Power Purchase Agreement for a Behind the Meter Solar Energy Project.

 

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

 

POLICE DEPARTMENT: Captain Creter (Chief Porter on leave)

The in-house installation of the hallway steel door and evidence room access slot has been completed for added interior security measures at the Police Station.  The final step will be installing new locks.  Capt. Creter thanked Supt. Patterson and Village Technician Spivey for the excellent job they did.

 

Capt. Creter explained how the new phone system at the Police Dept. will be more efficient.  After two rings, the machine kicks on and instructions to contact an officer only requires the caller to press one.  They can also stay on the line to leave messages for each of the full-time officers or the officer on duty.

 

Capt. Creter introduced four candidates for the part-time patrolman position and thanked their families for supporting these young men and coming to watch them get sworn in.  Mayor Schwab asked Council if the agenda could be changed to allow the candidates to be appointed pending a physical and sworn in to allow the families to watch and take pictures then return to the Police Department to fill out their paperwork. 

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to accept the appointment of Aaron Thayer as a part-time police officer pending a physical.  The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to accept the appointment of Michael Manos as a part-time police officer pending a physical.  The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to accept the appointment of Taylor Gascon as a part-time police officer pending a physical.  The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to accept the appointment of Phillip Lewis as a part-time police officer pending a physical.  The vote: All yes.

Each officer was then sworn in by Mayor Schwab.

FIRE DEPARTMENT: Chief Chris Colucy

Fire Chief Colucy, Police Captain Creter, and Mayor Schwab met in March with W & LE Reps (5) to review the response to the W & LE derailment last month.   The meeting was productive and some tweaks to everyone’s approach will be made.

 

Tuscarawas Township Trustees have approved $ 500 toward the Ice Rescue Scuba gear purchase.  Chief Colucy is attending Sugar Creek Twp. Trustees Meeting tonight.

 

The ambulance grant was discussed and examples of possible purchases were shown. 

 

Chief Colucy would like to have the ordinance limiting the number of members on the Fire Department increased to 35 members.  Council Member Hilliard would like Mayor Schwab to make the recommendation.  Mayor Schwab stated he would double check the ordinance as to limitation on the number of firefighters.

 

Legal 101 – Solicitor Anthony discussed spot zoning.  Spot zoning is where a small portion of an area is zoned differently than the area around it.  The courts have ruled that in order to spot zone, it must be in the best interests of the community not the individual requesting it.  Solicitor Anthony also stated it must be consistent with the comprehensive land use plans of the community.  The courts have had limited review of the legislation of spot zoning and it is primarily covered by home rule.

 

Solicitor Anthony has received a response from the school board in reference to the Village purchasing Fairless property.  They have submitted some changes to the paperwork that Solicitor Anthony submitted to them for the Village.  Council Member Hilliard asked if a price for the land had been set.  The price has yet to be negotiated. 

 

Brewster Cheese has made application for the rezoning of Village Lots 1383, 1385, and Outlot 47 from B-2 (General Business) to I-1 (Light Industrial); former Play-Mor and Brewster Machine lots. The first step is Council review and then forward to Village Planning Commission for their review and recommendation.

 

Andy Codispoti of American Legion: Requests that Village Council sponsor a Fairless Boy (Junior) to Boys’ State in Bowling Green on June 12-19.  Sponsorship is $ 325 per student.  This year 10 young men will be attending.

 

Ohio Department of Transportation - Consent Legislation for resurfacing of SR 62 within Village in 2018; State to cover 100% of costs; requires Village legislation approval.  The Solicitor provided with copy to review.

 

INTERIM VILLAGE ADMINISTRATOR: Dan Klein

Seasonal employee Tim Stith has returned to work.  He has been doing clean up at the parks and has taken down the Christmas lights.

 

The Street Department is asking for approval of $9,000 for the crack sealing of several streets.  Supt. Patterson attended a sale of pipe and saved the Village over $620.

 

The water issue at Jim Berresford’s home was checked out.

 

The water issue at Mike Lalewicz’s home was checked out and a hazardous tree will be removed adjacent to his home.

 

Council Member Hilliard asked about the patching of the potholes around town.  Interim VA Klein stated the Street Department will be starting to fill the potholes as soon as hot mix is available.

 

Council Member Godwin asked about the resurfacing of the courts in Bimeler Park.  Interim VA Klein stated VASCO has been reserved for the project and a purchase order has been issued.

 

VILLAGE MAYOR: Mike Schwab

Fire Department’s Standard Operating Guidelines (SOG’s) 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.”   Both the Solicitor and HR Consultant Barkan have provided reviews.  May I suggest that the Committee schedule a meeting to review Fire Chief Colucy’s recently submitted SOG Draft ?

 

Draft – Employee Wage Restructuring Ordinance that was provided to each Council member on 02/29.  Committee – Mackey, Hawk, King, and Mayor will meet on March 29th at 5:30pm to review.

 

Update: A Resident had inquired about the Village contracting with a single waste management company to provide services for all Village residents.   I’ve contacted Stark-Tusc-Wayne Waste Management District and Director David Held has provided very appropriate guidance (Sample Bid Document, Grant funding available, and so forth). This information has been emailed to Council.  Mr. Held’s comment:  “The District is glad that the Village of Brewster is considering weekly curbside trash and recycling collection services. The most cost efficient and effective method of collection is with a weekly curbside contract that includes one receptacle for trash and another for recycling with a container size between 65 and 95 gallons for each.”  I would suggest that Council set a Committee meeting to discuss the proposal further.

 

Interim VA, Kris King, Paul Mackey & Mayor met with Sherri Loos of RCAP to review their Village Water Rate Study.   Ms. Loos has suggested that she meet with Council to review the Study.   Would Council have a date and time in mind to meet with Ms. Loos?

 

Councilman Mackey and Mayor met with Dave Dwyer of American Renewable Energy (ARE) to review that firm’s solar field proposal.   ARE has proposed the near future addition of battery storage and micro-grid components to their proposal.   ARE is currently working on a second solar field/battery storage installation in Minster, Ohio.   I have reached out to Minster’s Village Administrator who commented that Minster was and is very happy with ARE.  Mr. Dwyer will meet with Fairless and Brewster Cheese to review possible alternative energy solutions to those entities’ power needs.

 

Spoke with Pam Sullivan of AMP concerning AMP’s February 26 news release that announced that AMP will partner with NextEra Energy Resources to construct and operate 80 megawatts of solar generation facilities at 26 AMP community sites.   Ms. Sullivan advises that AMP will provide additional information as to the cost and logistics of their proposal in the next week or so.

 

Property purchase draft submitted to Fairless Board of Education has been returned by Supt Bidlack with several suggested language modifications.   Solicitor Anthony is currently reviewing the suggested draft modifications.

Reminder: Rover Pipeline Project Public Hearing on April 7 at 6 pm at Fairless High School review.  This pertains to the gas line project proposed for installation south of Brewster and that is currently under review by the Federal Energy Regulatory Commission.  This is a big deal for area residents and area first responders.

 

With spring upon us, we will begin to send Property Clean Up Letters to appropriate properties in the Village.   In addition, junk car notices will be sent by the PD in the coming weeks.   If Council is aware of any property that may need attention, please advise.

 

Tree removals and plantings:  Two sycamores that have become hazardous will be removed on the south side of the W. Main Boulevard.  Both trees have been dropping limbs, have rotted areas in their trunks and canopies.  I would suggest that Council consider replacing them in the very near future for the next generations of Brewsterites.  The Boulevard treelawn is a perfect site for street tree plantings.  In addition, a hazardous maple tree adjacent to the Lalewicz residence on Huron Street is scheduled to be removed.    VA Klein and Councilman Mackey are instrumental in the review of these trees.

 

VA Search – Ads have been placed in the Sunday Repository ($599.00), the Sunday Beacon Journal ($562.00), Monster.com ($299.00), the Ohio City/County Management Association (Free), the International City/County Management Association ($594.00), and the Ohio Municipal League (Free).  

34 applications/resumes received to date.   Deadline is 4 pm on March 31, 2016.

 

I’ve filed the 2015 Community Reinvestment Area Report for the Brewster Cheese tax abatement agreement with the Ohio Development Services Agency as required.   CFO Emil Alecusan supplied the appropriate updated information for the report.

 

Council Member Godwin stated that the Renner’s on North Wabash would like a new tree planted where the damaged one was removed in their tree lawn.  Mayor Schwab reiterated that the boulevard would be a good place for new trees.  Council Member Hilliard suggested that Tim Stith be given leeway to choose where the trees in the boulevard area are planted.

 

Council Member Hilliard asked if the Village went with a single waste management company, can we get a contract that doesn’t collect recycling.  Council Member Fox asked if a price had been discussed yet.  Council Member Tharp asked if Mr. Held would be willing to come to and speak to Council.

 

FirstEnergy:  The final easement agreement has been received.  Attorney Anthony will be recording the easement and then the check will be released to Shelley Materials, Inc.  We will then prepare a final invoice for FirstEnergy for any remaining expenditures relating to the easement agreements.

 

Auditors were in Monday, March 14^th through Friday, March 18^th.  They will be returning the week of March 28^th to finish the 2014-2015 audit.  The Auditor of State approved the payment for 80% of the audit.

 

Mayor Schwab, Interim VA Dan Klein, Councilman Mackey, and I met with RCAP’s Sherri Loos concerning the rate studies.  There are still a few items needed to complete the sewer study.

 

I will be out of the office the rest of the week at the Local Government Officials Conference.  Councilmen Godwin and Hawk and Mayor Schwab will need a designee or will need to attend a Public Records Training course.  If Council wishes that I be the designee, please make a motion later in the meeting.

Council Member Hawk would like Clerk King to be his Public Records designee at this point but would also like to eventually take the course when it is available for him to take it.  Clerk King strongly recommended that all elected officials take the course at some point in their term.  Council Member Fox asked how often an elected official is required to take the course or assign a designee.  Clerk King replied that it is required for every term in office.

 

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 Member Tharp reported on the Council of the Whole meeting earlier this evening.  The meeting was to discuss a change to Ordinance 24-2008 which covered the Village Personnel Policy.  The discussion was to change Section 3 so that changes to the policy can be made by motion.

 

April 4^th at 6pm – Council of the Whole – Village Finances

 

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

EXPENDITURE REQUESTS from past Meetings:   

Mayor – To continue Solar Field Project: Recommend that GPD engineering be engaged to provide a review of the three Power Purchase Agreements at $ 14,000 (recommend that the fee be passed on to successful solar contractor)

 

Mayor: Should Village prepare to submit applications for the next Round of Issue II funding due to be submitted in September of 2016?  In 2015, Park Street and the Underpass Waterline.

 

Council appointment of two residents to the Village Board of Income Tax Review; Mayor to appoint one additional member of three-member Board.

 

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

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to designate Clerk King as designee for Councilmen Hawk and Godwin and Mayor Schwab for the Public Records training.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to suspend the Council rule requiring a one meeting waiting period before approving an expenditure and approve $325 for the support of one young man to go to Boy’s State at Bowling Green.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to send the application for the rezoning of Village Lots 1383, 1385, and Outlot 47 from B-2 (General Business) to I-1 (Light Industrial) to the Village Planning Commission for review and recommendation.  The vote: All yes.

 

COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to create legislation for resurfacing of SR 62 within Village in 2018.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to amend Ordinance #24-2008, Section #3 to read “additions and modifications to the Personnel Policy may be made from time to time to address the changing nature and demands of personnel policies in the modern workplace.”  The vote: All yes.

 

COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER FOX to create an ordinance modifying the current wage ordinance to increase employee wages by 3% and making it retroactive to January1, 2016.  After discussing several topics concerning an increase the following vote was taken: Hilliard, no; Mackey, yes; Tharp, no; Fox, no; Godwin, no; Hawk, no.  Council Member Hilliard stated one thing he wants to look into is the full time paramedic wage.

 

Council Member Tharp brought up the two members of the Income Tax Review Board.  Mayor Schwab stated he has not had any luck finding anyone either.  The Mayor will provided Council Member Tharp with the paperwork that he gave to the people he approached.

 

Council Member Tharp brought up the suggested meeting for the Fire Department’s SOG’s.  He stated he was sure Chief Colucy would be getting on this shortly.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to hold a Council of the Whole meeting on April 11^th at 6:00pm to discuss the single waste hauler.  The vote: All yes.

 

Council Member Tharp asked what dates were being looked at for the RCAP meeting.  Clerk King stated that there were some more reports that needed completed then they would be contacting us.

 

Chief Colucy asked what night would be good to set up a meeting for discussion of the SOG’s.  He was told to let the committee know what night was good for him and possibly set it up for a night next week.

 

 

"COMMENTS FROM THE AUDIENCE":

Jay Huff, 756 McKinley Ave SW, asked about the changes to the park use fee.  Council Member Godwin stated it was available on the website.  Mr. Huff was also told it did not apply to him because he was a resident but he would be provided a copy.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to adjourn the meeting at 8:28 p.m.

 

Respectfully submitted,

 

_____________________________________

Kris King, Village Clerk-Treasurer

 

____________________________________

Mike Schwab, Mayor