July 17, 2017 - 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.
MEMBERS PRESENT:
VILLAGE OFFICIALS:
John Anthony, Solicitor Kris King, Clerk-Treasurer
Mike Miller, Village Administrator
MINUTES FROM THE JULY 3, 2017 REGULAR COUNCIL MEETING:
Mayor Mike Schwab asked if there were any additions or deletions to the July 3, 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 $ 58,752.74. The vote: All yes.
AUDIENCE:
Police Chief Keith Creter, Officer Benny Truman, Paul Hanner, Officer Phil Lewis, PJ Lewis, Janice Lewis, Natalie Richards, Louie Carroll, Herb Rearick, Ray Heitger, Jenny Spivey, & Village Water Technician Jim Spivey were present.
No one wished to speak.
CONSIDERATION OF ORDINANCES: Titles of each read by Solicitor John Anthony
ORDINANCE 41-2017: An Ordinance authorizing the Vacation of a portion of 40-foot-wide Harriman Street(ROW) was given third reading.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to pass the ordinance as presented. The vote: All yes.
ORDINANCE 42-2017: An Ordinance Authorizing the amendment of Section 76 of Village Code to include Section 76.061 – Parking Violations was given third reading. Councilman Hilliard brought up the fines and they were discussed and clarified. Chief Creter was asked if he approved of the fine structure and he did.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to pass the ordinance as presented. The vote: All yes.
ORDINANCE 43-2017: An Ordinance Authorizing a Purchase Agreement with the Fairless Board of Education to purchase the 1.526-acre South Water Tower Access Lane was given third reading. Councilman Hilliard made sure that the only costs that were going to be associated with this purchase would be the drainage improvements, upgrading the access lane, and trimming and removing trees. Solicitor Anthony stated there would be some title costs. VA Miller stated the trees had been cut to allow the bucket trucks to get up the lane at a cost of $2,500 and Supt. Patterson estimated the material for the lane will be approximately $25,000. Village personnel will provide the labor.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to pass the ordinance as read. The vote: All yes.
ORDINANCE 44-2017: An Ordinance Authorizing a Contract for 2022-2027 Fixed Volume Energy Supply Schedule with American Municipal Power (Long term purchase of blocks of electric power at a cost not to exceed $.035 per kw) and declaring an emergency 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 ordinance forward for passage. The vote: All yes. VA Miller stated this will buy a block of 1MW to replace one block of more expensive power that we are losing in 2020. It sets the max cost at $35MW.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to pass the ordinance under emergency as presented. The vote: All yes.
ORDINANCE 45-2017: An Ordinance Authorizing a Contract for the Remaining Requirement Energy Supply Schedule with American Municipal Power (2022-2024 purchase of blocks of electric power at a cost not to exceed $.035 per kw) and declaring an emergency was given first reading.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to suspend the rule requiring three separate readings and bring the ordinance forward for passage. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to pass the ordinance under emergency as presented. The vote: All yes.
RESOLUTION 46-2017: A Resolution of Congratulations to Sydney Colucy for achieving the Dean’s List at Walsh University for the 2017 Spring Semester. The vote: All yes.
MUNICIPAL DEPARTMENTS:
Fire Department: Chief Chris Colucy (excused)
Asst. Chief/EMS Coordinator Jen Mohler had made application for an Ohio EMS Grant of $ 5625 for non-disposable EMS equipment; the Grant was awarded for fiscal year 2017-2018; Thank you Jen.
Police Department: Chief Keith Creter
Letter of recommendation to Council to assign Officer Benny Truman as the School Resource Officer. Councilman Hilliard asked if there were any grants available to help pay SRO wages and costs. Chief Creter stated that at the current time there is nothing available.
Letter of recommendation to hire Paul W. Hanner for the position of part-time officer pending background check, physical, and drug screen. Chief Creter stated he had one officer going into the military and another training with Homeland Security. Mr. Hanner would help fill the scheduling gap created by several part time patrolman being unavailable.
2008 Crown Victoria has been stripped and is ready for final destination. VA Miller stated the best use for the vehicle is fire training that had been requested by Chief Colucy. Then it can be put on a flatbed and sold for scrap.
New cruiser is in. The Chief is very happy with the job Bonnie’s Engraver’s did on the detailing and striping. It should be street ready and on the road on Thursday. Councilman Godwin stated to keep Abby Smith of Infinite Graphics in mind next time decaling needs done. She has a local company here in Brewster. The Chief noted that the cruiser is parked outside Village Hall for Council’s inspection.
Chief Creter presented Officer Phil Lewis with the Life Saving Award. He recently saved a local resident’s life that had overdosed. Officer Lewis administered two doses of Narcan to the resident.
VILLAGE SOLICITOR:Attorney John Anthony
Solicitor Anthony discussed the purchase of the school property. He also discussed the various dated easements that were delaying progress in the purchase.
The American Society for the Prevention of Cruelty to Animals has notified the Village that our Chapter 955 needs to be updated. They want us to abolish language that is breed specific. Solicitor Anthony suggested that Council remove “Pitbull” as a vicious dog in the Village Code.
COMMUNICATIONS:
Stark Regional Planning: OPWC District 19 is accepting applications for Infrastructure projects until September 15th; Committee requests that no application be more than $ 1.5 million.
Fairless Midget Football Association: Donation request of $ 500
VILLAGE ADMINISTRATOR: Mike Miller
Administrator’s report for period 7/4/2017 thru 7/17/2017:
- ELECTRIC PURCHASES. As I informed Council previously, the Mayor and I met with Mike Migliore, Vice President of Power Supply Planning and Marketing with AMP, as well as other representatives of AMP on Thursday June 15th to review our annual Power Supply Update. We went over the Village’s current position as well as what steps the Village can take to stabilize or lower rates in the future. I sent a copy of their power point to Council previously.
As I also indicated, one of the items that we need to take action on are purchasing of blocks of energy and/or remainder purchase contracts for 2022 – 2027 to take advantage of the current energy prices. I have continued to communicate with AMP, and at this time I have two (2) ordinances for Council to adopt.
The first is for a fixed block of power from 2022-2027 (previously provided). This in essence would replace the 1.0 MW Citi @ PJM West (2016-2021) at $35 / MWh block, hopefully at a lower price to continue to stabilize our purchase costs.
The second is for a remainder purchase from 2022-2024 (previously provided), which would extend what we did last year with a remainder purchase from BP Remaining Requirements @ ATSI Zone (2017-2021) at $32.91 / MWh, hopefully at an equivalent price (that may be more difficult, because that contract is our lowest).
I have provided Council a pie chart and a graph from the AMP PowerPoint presentation to help visualize what we are doing.
Council has the two (2) ordinances prepared and before it for first reading tonight.
I WOULD REQUEST THAT THEY BOTH BE PASSED ON AN EMERGENCY BASIS AT TONIGHT’S MEETING.
- Filter Media Replacement at Water Treatment Plant. Dixon Engineering provided a quote to prepare specifications to replace the filter media and recoat the inside and outside of the tanks in the amount of $2,800. The Village has entered into contract for that amount.
As a reminder, based on the report from Dixon Engineering we are proceeding with preparation of specifications to replace the filter media and recoat the inside and outside of the tanks as a single project. While the filter media is performing well, we want to have the specifications completed so that we are able to quickly bid the project out when we determine we need to replace the filter media. That could be a few years off.
- North Water Tower. As I informed Council previously, Dixon Engineering provided a quote to prepare specifications for repairs and painting of the North Water Tower in the amount of $3,000. The Village has entered into contract for that amount.
As I also indicated to Council, with specifications prepared the Village will be in a position to proceed with the North Water Tower project as a submission for Ohio Public Works funding.
I am asking that Council pass an ordinance giving me the authority to submit the North Water Tower project for OPWC funding for the 2017 program.
- Water Department Back-Up Generator. I believe we are finally at the point where the back-up generator is going to be moved from the WWTP and reinstalled at the Water Treatment Plant. Our contractor, Wood Electric, has applied for and received the required permits from the Stark County Building Department. They will be marking out and coordinating with OUPS this week (July 17th) and beginning work the week of July 24th.
- Park Drive Water Line. Our crews continue to move south from the intersection of Main Street and Park Drive to continue replacing the water line north of the levee on Park Drive.
- Elton Street Paving. The Village has been notified that it received an award of $26,500 in MRF Funding for the Elton Street Project (repaving Elton from Rt. 93 to Browndale). This meets the conditions established by ordinance in our agreement with the County of proceeding if the Village received a minimum of $20,000 in MRF funding for 2017 to go with the award of $20,000 in 2016 MRF Funding awarded and carried forward.
Street Superintendent Rick Patterson and I attended the County pre-construction meeting July 11th. Paving on the various County projects (of which Elton is one) is to begin August 7th and be completed no later than October 31st.
We will be narrowing that date down and coordinating between the contractor and Shearer’s so that any disruption to use of their parking lot on Elton can be minimized.
- 7th Street Culvert. At ourpre-construction meeting July 11th. Paving on the various County projects we spoke with the County regarding their plans to make improvements and/or repairs to their culvert on 7th Street east of the levee. They indicated that work is not expected to beging until next year. It was then proposed that the culvert project be rolled into a larger project to include repaving of 7th (and possibly Mt Eaton Road) and apply for OPWC funding jointly. That is being explored.
So for the Village’s part I may need Council to pass an ordinance giving me the authority to jointly submit a culvert improvement/repair and repaving project for 7th street for OPWC funding for the 2017 program.
I will keep Council informed.
- Street Department. The deadline has passed for receiving applications for the Village Technician in the Street Department. We have begun the review process.
- South Water Tower (and potentially Solar Field) Access. Work continues as our scheduling allows for the improvement of the access lane to the South Water Tower (and proposed solar facility).
- Employee Handbook Policy. As Council is aware, I am still reviewing our Employee Handbook.
An issue that has come up where we have a past practice but no written policy in place on how we deal with Prior Public Service. So, with Kris’ input I have written a new policy, 2.12 Prior Public Service, which outlines and follows our current practices, which are similar to that established in Ohio Revised Code.
I am requesting that Council adopt the 2.12 Prior Public Service on a non-emergency basis, make it a codified ordinance in Chapter 38 EMPLOYEE REGULATIONS of our Codified Ordinances, and add it to our Employee Handbook.
- Employee Handbook Policy.In keeping with not reinventing policies unnecessarily, attached is our Sick Leave Donation Policy that Council passed August 17, 2015, which I formatted for our revised Employee Handbook as 4.04 Donation of Sick Leave.
VA Miller was approached by someone just outside the Village limits wanting to hook up to our electric system. Requests Council permission to do so.
Councilman Mackey asked how many applications were received. The Mayor stated 36 but many did not qualify for the position.
Councilman Fox suggested adding a provision to our ordinance for outside electric sales. Solicitor Anthony stated that sections 743.12 and 743.13 covers this situation and sets limits on the charges.
Councilman Hawk wanted to make sure that we didn’t have to extend service unless it benefits the Village. He was assured that this is the truth.
Councilman Hilliard would like the VA to consider safety awards and grant awards when looking at the employee handbook. He would like to see employees be rewarded for their efforts.
Councilman Tharp had a complaint from a resident that has a neighbor’s trailer parked permanently in front of her home.
VILLAGE MAYOR: Mike Schwab
Mayor Schwab is appointing Officer Benny Truman as School Resource Officer (SRO) with the SRO additive, and asks Council’s approval. Superintendent Broc Bidlack has stated the Officer Truman is an asset to the school.
Fire Siren – Suggest a Trial Period of 30 days with no Siren for Fire/EMS calls w/exception of exercising both sirens at noon each Wednesday; siren would be used for tornado warnings only. Councilman Tharp asked how the Chief felt about this. The Mayor stated we could wait until he returned, that this was a suggestion. Councilman Godwin stated a lot of communities have done away with their sirens. Councilman Hilliard would like to see a price to set a higher pole for the siren. Councilman Fox stated that the antenna tower at the Police Station needs attention. It looks like the Leaning Tower of Pisa.
Fire/EMS Committee Meeting; suggest Monday, August 28th at 6:30 pm.
Ohio EPA Open Burning regulations pamphlet will be sent in the next utility bill mailing.
Mayor Schwab is appointing Paul Hanner as probationary Police Officer pending the required background check, physical, and drug screen and asking for Council’s approval.
VILLAGE CLERK-TREASURER: Kris King
July 4 - July 17, 2017:
- The Bureau of Workers Compensation had their third “billion back” payout. We received $16,578.14 of the $22,468 we paid this year. It was based on our 2015 wages. We also received a $222.00 “Go Green” rebate and $1,411 for either the “Drug Free Safety Program” or safety council or both. Our total premium rebates are $18,211.14. The rebates were distributed according to the percentage each fund paid.
- Fire pay for June = $5,101.20.
- I received notice of some changes that may need to be made to our income tax ordinance. I have forwarded it to Solicitor Anthony for his review. I’m sure he will have any update we need to do before the deadlines. One goes into effect in 90 days and the other is 01/01/2018.
- I have been working with the employees and OPEC-HC to make the transition to the new insurance as smooth as possible. Employees are required to turn in a statement showing their deductible paid so they receive the proper credit. I’ve discovered that some of our employees have not filed for all their reimbursements.
- I am requesting Council’s permission to post a $50 memo pay-in. There was confusion at the end of April concerning a reconnection that could not be explained.
- I have been working with several liability insurance companies to get quotes. VA Miller has provided a RFP from North Canton to tweak to meet our needs. I plan to advertise in the Independent and the Repository. So far, we have three interested companies.
- The Village is required by the credit card companies to be Payment Card Industry (PCI) compliant to ensure all cardholder data is safeguarded. I have completed all the informational forms and questionnaires and am waiting for their scan of our IP address to validate and maintain PCI compliance.
- We are experiencing trouble with Ohio Business Gateway. I have submitted their Municipal Profile Certification by fax twice and have spoken to them on the phone twice and they still have not updated our income tax rate. I am sending it a third time by fax and mailing a hard copy.
- “Arts on the Boulevard” will be September 23 from 11am to 5pm. Applications are available in my office. There is once again no charge for vendor tables.
- Reminder: The holidays are not the only time the Fairless Food Cupboard needs donations. We have a drop off box at Village Hall. We also have a Christmas in July tree in the vestibule in the utility office for residents of Brewster Parke that need personal items.
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
Employee Wage Compensation Committee met on July 13th and will meet again on July 18th at 6 pm; K. King has provided 07/13 Meeting Minutes for Council review.
Reminder: Safety Chairman - Animal Issue Review Committee meeting on Aug. 14 at 6:30 pm.
Six Brewster residents have taken out Petitions for the Four Council Seats on the November Ballot.
REMINDER: July 20th at 7 pm Planning Commission Hearing: Partial Street Vacation & Zoning Requests
August 11 and 12: Village Wide Garage Sales
August 19th at 7 to 9:30 pm: Concert in the Park – Last Call (Country Western)
EXPENDITURE REQUESTS from past Meetings:
1. None Pending
PENDING PROPOSALS FROM PAST MEETINGS:
1. Council appointment of one member to 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 approve the Mayor’s appointment of Officer Benny Truman as School Resource Officer. The vote: All yes. Councilman Godwin stated that Benny does a great job.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to approve the Mayor’s appointment of Paul Hanner as probationary Police Officer pending the required background check, physical, and drug screen. The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to create legislation directing the Village Administrator to submit an application to OPWC for the North Water Tower Rehab Project and to create legislation directing the Village Administrator to submit application to OPWC for the culvert and paving rehab of E. 7th Street. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to approve the firemen’s pay of $5,101.20 from the Fire Fund. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to give the Clerk permission to post a $50 pay-in to account for an issue from April of this year. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to create legislation adopting a Prior Public Service Policy for the Employee Handbook. The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to allow the Fire Department to use the 2008 Crown Victoria as a training tool and then scrap it. The vote: All yes.
COUNCIL MEMBER THARP moved to give the VA permission to extend electric service outside Village limits with all the same fees as residents would pay for the hookup to their home/business. Solicitor Anthony stated that after review of the ORC, in his opinion, a motion did not need to be made and could set a precedent. He also stated it was not necessary. Councilman Tharp withdrew his motion.
VILLAGE SPEAKS:
Councilman Tharp stated he had brought two complaints from residents to the VA and he took care of both of them.
AUDIENCE TIME:
Kris King, 12951 Elton St SW, stated that the customers backing out of Belloni’s and getting into accidents might want to be considered before getting rid of the fire siren. The siren warns them to watch for the firemen coming in to the station for the call.
Herb Rearick stated the stop sign at the intersection at 2nd and Cleveland is being ignored. Cars are always flying through and he is afraid that one of these days he is going to get hit backing out of his driveway. Chief Creter stated this is one of the intersections on his list to monitor. The department has 12 intersections they are watching closely along with 10 speeding zones.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to adjourn the meeting at 8:15 p.m.
Respectfully submitted,
Kris King, Clerk-Treasurer
Mike Schwab, Mayor