March 20, 2017 - Meeting Minutes

MINUTES
BREWSTER VILLAGE COUNCIL
March 20, 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 MARCH 6, 2017 REGULAR COUNCIL MEETING:

Mayor Mike Schwab asked if there were any additions or deletions to the March 6, 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 $ 397,364.75.  The vote: Hilliard, no; Mackey, yes; Tharp, yes; Fox, yes; Godwin, yes; Hawk, yes.

Councilman Hilliard asked for explanations on the following bills:

  • Shanklin Heating for $150.00 – VA Miller stated the meeting room had no heat duct only a cold air return.
  • Unifire Inc. for $1,897.00 – VA Miller stated it is a smoke machine for training.  It creates non-toxic smoke.
  • Central Painting and Sandblasting for $9,850 – VA Miller stated they cleaned the south water tower and the clearwell.  Councilman Godwin stated there is an amazing difference in the water tower.
  • Menards for about $1,100 for supplies – Clerk King stated that there are receipts attached for each purchase.  Councilman Hilliard stated there are a lot of places like Fastenal that deliver.

 

AUDIENCE:

Ray Heitger, Jenny Spivey, Jim Spivey, Ryan Swan, and Jim Barnhart of Brewster Cheese.

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

ORDINANCE 14-2017:  An Ordinance Authorizing the Prohibition of Medical Marijuana in the Village of Brewster 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 15-2017:  An Ordinance Authorizing the Vacation of Wandle Court Alley 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 16-2017:  An Ordinance Authorizing the Purchase of a 2017 Ford Explorer Police Interceptor for the Village Police Department was given third reading.  Councilman Godwin suggested considering a truck for the Police Department’s next vehicle purchase.  Massillon just purchased them for hauling.

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

ORDINANCE 17-2017:  An Ordinance Adopting the 2017 Permanent Appropriations was given third reading. 

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

Second Reading: An Ordinance Authorizing the Adoption of an Employee Jury Duty and Witness Leave Policy and Its Addition to the Employee Handbook.

Second Reading: An Ordinance Authorizing the Adoption of an Employee Voting and Precinct Election Official Leave Policy and Its Addition to the Employee Handbook.

Second Reading: An Ordinance Authorizing the Adoption of an Employee Bereavement Pay Policy and Its Addition to the Employee Handbook.

Second Reading: An Ordinance Authorizing the Adoption of an Employee Employment Categories Policy and Its Addition to the Employee Handbook.  

First Reading: An Ordinance Authorizing an Agreement with Stark County Commissioners for Paving and Maintenance of Elton Street E. was given first reading.

ORDINANCE 18-2017:An Ordinance Authorizing the Designation of a Handicapped Parking Space at 771 McKinley Ave. SW was given first reading.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to suspend the rule requiring three separate readings and bring the legislation forward for passage.  The vote: Hilliard, abstain; Mackey, yes; Tharp, yes; Fox, yes; Godwin, yes; Hawk, yes.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to pass the ordinance as read.  The vote: Hilliard, abstain; Mackey, yes; Tharp, yes; Fox, yes; Godwin, yes; Hawk, yes.

Councilman Godwin thanked VA Miller for all his work on creating the new policies that are not only benefiting our community but the communities around us.

Council Member Tharp stated that since we are on the subject, the parking during voting does not meet the proper specifications.  VA Miller discussed putting a curb drop in front of Village Hall and sloping the sidewalk and putting a push button on the utility office door.  Councilman Hawk asked Tharp to relay to the Board of Elections that we could really use some help and increasing the rent would help cover the cost.  

MUNICIPAL DEPARTMENTS:

Fire Department: Chief Chris Colucy (excused)

RED Center – 2017 Calls = 94 thru Feb. compared to 96 in 2016 thru Feb (1.6 per day).

Councilman Hilliard was concerned about fire trucks being able to make the turn on Needham St.  VA Miller stated the Fire Department was going to take the trucks through the area to make sure there is enough room to get the trucks into the neighborhood.

Police Department: Chief Keith Creter (excused)

Part Time Officer Timothy Bowen took his Oath of Office on March 9th.

RED Center – 2017 Calls = 487 thru Feb. (8.3 per day) compared to 355 in 2016 thru Feb. (5.9 per day).

Councilman Tharp has a cousin that went into law enforcement and was talking to him about how auxiliary officers don’t get paid and are responsible for getting their own uniforms and how it is non-motivating.  His cousin went in a different direction but returned to the profession.  Councilman Tharp wants Council to give it some thought to helping with uniform and equipment costs.

Councilman Godwin has had complaints from parents that our Recourse Officer is spending too much time in the Elementary School and not enough in the other buildings.

VILLAGE SOLICITOR:Attorney John Anthony

Draft of a Wireless Communication/Right of Way Ordinance.

Councilman Hilliard asked why the insurance company would not cover sewer backup damages.  Solicitor Anthony stated the Village has municipal immunity so we have no legal obligation but Council can act on moral obligation.  VA Miller is requesting permission to pay the resident $ 1,157.33 for damages and have continuing authority for which he will provide a policy for Council in the future.

COMMUNICATIONS:

Walsh University Deans List: From Brewster – Michaela Casperd & Sydney Colucy.

Former Assistant Fire Chief Bill Baker passed away last Friday.  He was 85.  Bill owned the Amoco gas station in N. Brewster in the late 1960’s early 70’s.

Councilman Tharp reported that there will be a .5% sales tax issue on the May ballot.  It is a renewal and not a new tax.  The county is putting it on the ballot early in order to go on a new radio system called the MARCS System.  The county must show that they have a 10-year funding stream in order to qualify.  It will cost $10 – $12 million.  This tax will be for 8 years and will be considered a criminal justice sales tax.

VILLAGE ADMINISTRATOR: Mike Miller

Administrator’s report for period 3/7/2017 thru 3/20/2017:

  • In reviewing, individual policies contained in either the proposed Compensation and Benefits Ordinance (29-2016) and/or our Employee Handbook, a policy that we have a past practice of using is not specifically set out – Flex Time.
  • I previously distributed to Council a Flex Time Policy. There are 3 situations that either have come up (or could come up) where flex time is or could be used:

1. An employee works through lunch and rather than having them earn ½ hour of overtime they go home ½ hour early (current practice).

2. An employee has a situation come up where they have to leave 1 ½ hours early, and rather than using 4 hours of vacation for the 1 ½ hours (minimum increment for use of vacation is 4 hours) they work over 1 ½ hours during the same week.

3. There is an ongoing project where it makes sense to work a longer period (say a 12-hour day) to avoid multiple day shut-down of a road and let the affected employee’s work a 4-hour day later that same week, which would avoid overtime.

I am requesting that Council adopt 3.09 FLEX TIME on a non-emergency basis, make it a codified ordinance in Chapter 38 EMPLOYEE REGULATIONS of our Codified Ordinances, and place it in our Employee Handbook.

  • Last week I informed Council of steps we are planning to take to assure continuity of electric service in the Village.

In the windstorm on March 8, 2017, a tree located behind 549 Wabash blew over and dislodged the electric house feed to 557 Wabash. The Village of Brewster Electric Department had to disconnect the feed, then reconnect it when the tree was removed from the house feed. Unfortunately, the Village of Brewster Electric Department had difficulty accessing the feed due to the right- of-way (alley) in which the electric pole in which the feed originates being blocked. The right-of-way/alley runs north/south from Chestnut Ave NW to Harmon Ave NW, between Tuscarawas and Wabash. There are a number of trees and other potential threats to the electric line as well. If there is damage to this electric line, it requires that the entire northwest side (north of railroad to Elton and west of Wabash) be shut down for repairs, affecting approximately 150 electric customers. So, if the main line would have been or is affected by a tree or branch falling into the electric lines or poles located in the alley, it would take CONSIDERABLE time to be able to clear out obstructions in the alley and restore electric service.

We plan to contact the residents abutting the right-of-way/alley to inform them of the issue for our Electric Utility, and that the Village plans to have the corner pins for the properties on Tuscarawas Avenue NW and Wabash Ave North between Chestnut Ave NW and Harmon Ave NW located so that the Village can have the right-of-way (alley) cleared of obstructions and allow its electric facilities in the right-of-way be immediately accessible in an emergency. We will point out that the fact that the right-of-way (alley) is blocked is a concern not only for them and the other residents on either side of the right- of-way (alley) whose services originate from there, but the electric line in the right- of-way (alley) is also the main feed to the north-west side of the Village and affects approximately 140 other residents.

We plan to clear the right-of-way/alley similar to the right-of-way that continues south from Chestnut, except the Village does not intend to improve the alley for regular vehicular traffic.

I am making sure Council is aware before we begin to contact residents, so they can explain if contacted why it is necessary.

  • 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.
  • There was a wastewater backup at 315 Tuscarawas Ave.  I would like Council to authorize a $1,157.33 payment to the resident.

 Community Reinvestment Area Housing Council approved to continue the CRA tax abatement for 771 McKinley Ave SW and 305 2nd St SE.  

  • The County Tax Incentive Review Commission has recommended that Brewster Cheese’s CRA tax abatement for their headquarters be continued. Their abatement is for 15 years and expires in 2025.  The VA advised that Council needs to approve a resolution by March 31st to continue, modify, or continue the abatement so that the required report can be completed, and he recommended to continue the abatement. 

VILLAGE MAYOR: Mike Schwab

1.            AMP SOLAR PROJECT:

  • As mentioned at the last Council Meeting Solicitor Anthony has submitted a redrafted Fairless Purchase Agreement to Fairless’s Attorney for review.  Current Agreement language concerning the Village’s purchase cost =

“PAYMENT:        The consideration for this agreement is as follows:  Subsequent to the closing of this transaction the Purchaser, at Purchaser’s expense, shall make improvements to the lane which provides access to the Fairless softball field and the Village Water Tower, shall install certain drainage piping and catch basins adjacent to the lane, and complete related work.”

  • The Surveyor has completed a separate plat and legal description for the Fairless property purchase.  Digital copy will be provided to Solicitor Anthony to include with the draft Fairless purchase agreement as Exhibit A.
  • When the weather breaks, the Surveyor will survey and provide a drawing and legal description for an easement to provide access across the Army Corp Levee for an Electric Line to connect Solar Field to Brewster electric grid.
  1. Ohio AG/Ohio EPA Consent Decree Case vs. Walkers/Hillview
  • A Hearing was conducted for the case before Judge Farmer on Friday, March 17
  • Testimony was given by an expert from the Ohio EPA, the Hillview Wastewater Package Plant Operator, an environmental attorney, and Brewster’s Mayor
  • The Ohio AG Attorney advises: Judge Farmer did not rule on Friday. She ordered post hearing briefs due by March 31st, with reply briefs due by April 7th. Once the briefing is complete, I would expect a ruling within a few weeks

3.      We have been advised that the Nooks and Crannies of the Village Web site are dated

The site will be updated with corrected information and data in next week or so.

  1. Ohio Insurance Services OPEC – HC Update
  • In a March 16th email Frank Harmon of Ohio Insurance Services advises that at the end of January of 2017 the Plan Reserve Balance continues to be a negative (- $ 7,557,468); this is down from a - $ 8,657,853 at end of 2016; this number is directly related to the ADR (Assessment of Debt Recovery) that leads to additional charges per employee
  • With a July 1, 2017 deadline for Village to renew or decline, Mr. Harmon has been asked to provide the following by April 30, 2017:

                1.  OPEC’s proposed premiums to cover each employee category in 2018

                2.  The cost to Brewster to decline renewal and how the negative Reserve Balance affects that cost

  1.  A different representative from Ohio Insurance Services to handle Brewster in 2017 and in the future

4.   Mr. Harmon advises that he will be on vacation until March 27th and will work on providing the requested information upon his return

Planning Commission meeting minutes provided to Council.  Ray Heitger was appointed to the Village Community Reinvestment Area Housing Council.

Suggested Council action based on the PC’s recommendations:

      1.  Vacate Rutland Place(Runs East to West between Harriman and 700 block of McKinley SW)

  1. Vacate Bessemer Court (in area of 700 block of McKinley running North to South from W. 7th to Needham)

      3.  Rezone Parcels 7001558 and 7001556 from R-1 (Single Family Residential) to I-1 (Restricted Industrial)

VILLAGE CLERK-TREASURER:Kris King

Ohio Checkbook Project – Ready for a test run on the state system

BWC has a $ 1 billion payback planned; Brewster could receive as much as $ 16,578

Fire pay = $ 4,055.23

COMMITTEES or COUNCIL REPORTS:

Does Council wish to have spring clean-up; Dumpsters and/or curbside pickup or none?

  • Councilman Godwin would like to see both. 
  • VA Miller was asked bring a recommendation to the next meeting.

Councilman Tharp attended the “Recycling Partnership Workshop” on March 17th on behalf of the Village.  He stated that it was a worthwhile program discussing national trends and curbside programs.  He also discovered that Brewster may be eligible for an EPA grant.

REMINDERS:

March 28th at 7 pm – Crime Watch meeting at FHS conducted by County Prosecutor Office

March 30th at 8 pm – Rover Pipe Line Reps will make a presentation at FD                                            

PENDING PROPOSALS FROM PAST MEETINGS:

Council appointment of one member of 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 create legislation approving the Planning Commission’s recommendation to vacate Rutland Place (East to west between Harriman and the 700 block of McKinley SW), to vacate Bessemer Court (in the area of the 700 block of McKinley running north to south from West 7th to Needham SW), and rezone parcels 7001558 and 7001556 from R-1 (Single Family Residential) to I-1 (Restricted Industrial).  The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to schedule a public hearing on May 1st, 2017 at 6:45 p.m. for the rezoning of parcels 7001558 and 7001556 from R-1 (Single Family Residential) to I-1 (Restricted Industrial).  The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to give VA Miller permission to reimburse, as a moral obligation to the resident at 315 Tuscarawas Ave. $1,157.33 for damages caused by a sewer backup in the main line from the Sewer Fund. The vote: All yes.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to draw-up an ordinance opposing the Governor’s Centralized Collection legislation for municipal taxes.  The vote: All yes.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to approve the fire pay of $ 4,055.23 from the Fire Equipment Fund.  The vote: All yes.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to create legislation approving VA Miller’s Flex Time Policy.  The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to approve the County Tax Incentive Board’s recommendation for Brewster Cheese’s abatement continuation.  The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to create a Resolution of Appreciation for Joyce Cunningham, Tammy Fox, Kris King, Debbie Cline, and Dorothy Holland for Administrative Professionals Day.  The vote: All yes.

Councilman Godwin recognized the loss of two lifelong residents: Roni (Hess) Owens and Lorin Hess.  They will be missed.

Councilman Godwin recognized Solicitor Anthony, Mayor Schwab, and Clerk King for their hard work on the many recent projects.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to create a Resolution of Congratulations for Michaela Casperd & Sydney Colucy for being on the Walsh University Dean’s List.  The vote: all yes.

“VILLAGE SPEAKS”:

Councilman Godwin stated the 14U baseball team will be holding a fundraiser at Chipotle in Massillon an April 1st from 4 – 8 p.m.  If you show a picture of the flyer from your phone, 50% of your bill goes to the ball team.

AUDIENCE COMMENTS: 

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to adjourn the meeting at 8:18 p.m.

 

Respectfully submitted,

Kris King, Village Clerk-Treasurer

Mike Schwab, Mayor