June 19, 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.

MINUTES FROM THE JUNE 5, 2017 REGULAR COUNCIL MEETING:

Mayor Mike Schwab asked if there were any additions or deletions to the June 5, 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 FOX and motion carried to accept the bills in the amount of $ 368,086.51.  The vote: All yes.

AUDIENCE:

Stark County Commissioner Janet Creighton, Joe French, Tom Thompson, Jim, Julie and Jenny Spivey, Andrew Hess, Louie Carroll, and Ray Heitger were present.

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

ORDINANCE 40-2017: An Ordinance Authorizing the Adoption of an Employee Performance Evaluation Policy and Its Addition to the Employee Handbook was given third reading.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to pass the ordinance as read.  VA Miller explained that this evaluation was not tied to increases but rather is to be used to encourage and guide employee improvements.  The vote: All yes.

First Reading: An Ordinance authorizing the Vacation of a portion of 40-foot-wide Harriman Street(ROW).

First Reading:  An Ordinance Authorizing the amendment of Section 76 of Village Code to include Section 76.061 – Parking Violations. 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to amend the draft ordinance to reflect that the $5 per day increase to the fine does not start until after the 10 days of the issuance of the ticket with a maximum of $75 total fine.  The vote: All yes.

First Reading: An Ordinance Authorizing a Purchase Agreement with the Fairless Board of Education to purchase the 1.526-acre South Water Tower Access Lane.

MUNICIPAL DEPARTMENTS:

Fire Department: Chief Chris Colucy (excused)

Chief Colucy is requesting that Jenna Arthur be appointed conditionally as a probationary firefighter pending background, physical, and background check.

Chief Colucy will provide Council with a report on the 2017 Firemen’s Festival at the next meeting.

Police Department: Chief Keith Creter(excused)

Technical difficulties at Hyper Reach (reverse 911 service) interrupted their webcast; rescheduled for June 21^st at 10am.

VILLAGE SOLICITOR: Attorney John Anthony

Solicitor Anthony submitted a letter to OPEC-HC advising of the Village’s intent to not renew the OPEC-HC contract per Council’s instructions.  He received a response reaffirming the Village’s ability to rescind our withdrawal from the program.

The lot split on Navarre Road has been accomplished.  VA Miller has communicated to the owners both verbally and by email.

Franklin County Common Pleas Court has ruled SB 331 (Wireless communication devices on public utility poles) unconstitutional.  It is a violation of the single subject rule in the Ohio Constitution.  This legislation was slipped into a piece of legislation identified as “puppy protection”.

Councilman Tharp would like the Solicitor to provide a draft of an animal ordinance to see it would be viable.  This will be a rehash of items brought up before that were never acted upon due to a lack of second from Councilman Godwin’s motion.

COMMUNICATIONS:

Stark Emergency Management Agency/Director Tim Warstler letter: several Meetings will be held to review the County Multi-Jurisdictional Hazard Mitigation Plan that is to be adopted by Stark County in 2017; Meetings for receiving comment from local communities on the plan; consulting firm is to contact local municipals - local info: listing of assets, potential hazards, etc.    One of the Chiefs, Mayor, or VA will attend a meeting.

VILLAGE ADMINISTRATOR: Mike Miller

Administrator’s report for period 6/6/2017 thru 6/19/2017:

• Zone Change Request. We have received a request from Brewster Cheese for a zoning change from residential (R-3) to Industrial for parcels: 7001828, 7001829, 7000654, 7000067, 7000070, 7000719, 7001614, 7001209, 7000474, 7000033, 7001219, & 7001631

These lots are located in the block(s) between 7^th Street and Needham Street north to south and Harriman Ave and McKinley from east to west. I am submitting it so that Council can forward the request to the Village Planning Commission.

• Efficiency Smart. Efficiency Smart is re-launching its appliance recycling program starting June 20 to our residential electric customers. They will be able to schedule a free-pick up of a working refrigerator or freezer, and receive $50 after it has been recycled. Full details about this program will be available on our “community webpage” on the Efficiency Smart website beginning June 20.

A flyer will also be available in our utility billing office, and we will coordinate the promotion through our utility bill messages and webpage.

• Efficiency Smart. The $1 LED bulbs that Efficiency Smart provided for sale at Belloni’s have sold out.

• Electric Department. On Sunday June 11, 2017 (to accommodate Belloni’s scheduling and avoid shut-down during store hours) our Electric Department replaced the existing 12.47kV Y/240V Delta connected service transformers with 12.47kV Grounded-Y/120-208V grounded-Y connected transformers.  This was done to improve the current delivery situation to minimize the potential that the transformers for Belloni’s would fail, costing the Village each time to replace them.

• Electric – AMP. 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 15^th 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 have sent a copy of their power point out to Council previously, and hard copies are available for review here at the Village Hall.

Two items that we need to act on are:

• Lock in purchase of blocks of energy and/or remainder purchase contracts for 2022 – 2027 to take advantage of the current energy prices. I will be forwarding legislation to Council in the near future.
• Peak shaving is important to lowering energy costs year around. AMP has an e-mail alert system that will let us know when the Village would benefit from peak shaving. So, we are going to consider using our back-up generators when we receive notices as a way to lower peak demand and costs. We are also going to look at other methods to reduce energy usage during the period from noon to 6:00 pm during the summer.
• Waste Water Treatment Plant. Recently the Wastewater Treatment Staff employed a new method to clean the diffusers at the WWTP. Previously, we would take a tank out of service, drain it, then lower equipment and personnel into the tank to clean the diffusers. The method we used this time allowed us to clean the diffusers did not require taking the tanks out of service, draining them, or lowering equipment and personnel into the tank. The cost was $3,938, but the result is that the new method was much more effective. We are saving on electrical costs as a result. The projected annual savings is approximately $6,500, so the new cleaning method will pay for itself well within a year. It also saved man hours to complete the task as well. The Wastewater Treatment Staff are to be commended for searching out and finding new ways to accomplish their tasks in a manner that saves money and time for the Village.

• Trees. I have put together a list of trees to be removed. The contractor should be beginning on the list in the next few weeks. In addition to trees in the right-of-way, trees will be removed at the Water Plant. Also, trees along the access lane to the South Water Tower will be “limbed up” to allow access by the Electric Department Bucket Trucks to install a pole near the water tower for security purposes (Light and security camera).
• North Water Tower. Dixon Engineering Inc. inspected the North Water Tower on Tuesday June 13^th, 2017. As I have noted previously, the North Water Tower was built in 1949, with an expected life expectancy of 100 years. Once we receive the report, the report will serve the basis for proceeding with the necessary repairs/maintenance of the North Water Tower.

We received a quote from Dixon Engineering Inc. to prepare specifications for the repair and maintenance (recoating the inside and outside of the tank and supports). It is in the amount of $3000. I plan to proceed with that quote and have Dixon Engineering Inc. prepare specifications so that the Village is in a position to proceed with the North Water Tower as a project to be submitted for Ohio Public Works funding.  I will continue to keep Council informed of the progress.

• Facility Security. Cameras have now been installed at the Wastewater Treatment Plant to monitor entry points.

• Crack Sealing. Crack sealing has been completed for this season,an important part of our street maintenance program.

• Sabo Park Disc Golf Course. Rick Patterson obtained bids toupgrade of the “tee boxes” to concrete. Work will be commencing in the next few weeks.

• Zoning Code Changes. Based on recent experience, I am suggesting that we change our zoning requirements regarding vacation of alleys and streets. Currently, we require a deposit of $1000 with an application to vacate an alley or road to go towards the cost, if approved, of having the vacated alley or road surveyed and deeds prepared to complete the process. There are a number of potential issues with this method:

1. The deposit of $1000 with an application does NOT cover the survey and deed preparation costs, and we have to go back to the applicant to pay the difference.
2. The alternative in that the deposit of $1000 with an application does cover the survey and deed preparation costs, but we have a balance and we have to refund the applicant the difference.
3. In either case, we have to obtain a quote for surveying services. The method that we have to obtain a price is much more onerous than a private entity (applicant) would have to follow spending their money.

I propose that any alley or street vacation that is requested by an applicant (other than the Village itself) require that upon approval the applicant hire a surveyor and have the necessary documents prepared at their cost, and put a time limit on finalizing them.

• Street Department. I will be advertising again for a Village Technician in the Street Department. The individual we previously hired to take the place of Jim Spivey made a determination to take another position.

• Health Insurance. In addition to Ohio Insurance Services Agency, the Village has been contacted by two (2) “brokers”. A “broker” arrangement results in the “broker” getting a percentage of the Village’s business as a “fee”. While it is not all the Village, OPEC-HC has paid OISA approximately 1.7 million dollars in 2015 and approximately 1.8 million dollars in 2016.  The first contact, from Jim Organ of One Source Advisors, stated:

I partner with Burnham & Flower offering their PEBA Program (Public Employee Benefit Association) and we focus on public entities.

The second was a letter from Sean M. Sprouse, of Burnham & Flower Insurance Group (sent by Jim Organ), who indicated that:

Add to that list Huntington, who we contacted earlier this year, and who proposed a “broker” arrangement rather than a fixed fee.

As you may also remember, Clerk-Treasurer Kris King received a communication from Brian Savage of OISA that stated in part:

I would like to request that we schedule a pre-renewal call to discuss information provided in this email and develop your renewal strategy sometime between now and June 9th, 2017.

The Village of Brewster is best served by getting health insurance through an insurance cooperative or pool, so that a potential large claim is mitigated. If there were a large health insurance claim and the Village was its own rated group, the cost would go up for all employees. However, as part of a larger insurance cooperative or pool, a potential large claim has a minimal effect on our overall rates.

My recommendation, beyond severing ties with OISA and OPEC-HC, is to pursue health insurance through Stark County Schools' Council of Governments (SCSCOG). The Stark County Schools' Council of Governments (SCSCOG) has been in existence since 1987, and currently has approximately 100 members. It has approximately 15,000 insured employees under its consortium for health insurance. They allow for an employee choice between Third Party Administrator’s (plans) of either Aultcare or Medical Mutual. They do not deal with “brokers”.

We had an initial meeting earlier this year, and I would like to begin more comprehensive exploration.

• Solar Site. AMP continues to work with Mr. and Mrs. Miller regarding the solar site.

I am continuing to work with the Army Corps of Engineers on the necessary easements. 

We have hired a contractor to limb up the access road to our water tower. That work should commence shortly. 

• Massillon Public Library at Fairless Elementary. The Village participated in the Massillon Public Library’s Summer Reading Program event “Marvelous Modes of Transportation” by providing various vehicles for the participants to see, including our Fire Department, Police Department, Electric Department, and Street Department. By all reports it was well received.

• Comparable Wages. I have gathered comparable wages and “incentives” from surrounding political subdivisions. They will be used by the Employee Compensation Committee.

Councilman Mackey questioned why the employee we hired only worked two months then left.  VA Miller stated he took another job offer.  The Village culture and union culture that the employee was used to may have clashed.

Councilman Tharp asked where we were with the water filters.  VA Miller stated the report came in earlier today.  The coating on the inside and outside needs redone.  The VA will have specs prepared in the event that something happens and the filters need replaced unexpectedly but after reading the report expects another two to three years out of the filters.  He may start looking into OPWC funding.  A copy of the report was given to Councilman Tharp.

Councilman Tharp asked where the security camera monitors are located.  VA Miller stated for now they are in each of the facilities.  Eventually they will all be recorded in the Police Department.  Councilman Tharp asked the VA to check and see how much of the time they were being monitored.

Councilman Tharp had asked for the Fire Department’s SOP on open burns.  Instead he received an Ohio EPA brochure.  If our FD doesn’t have an SOP, then he would like the VA to get samples from other communities.

Councilman Tharp stated we had considered Safe Roads to School in the past.  VA Miller stated we are still working on it.  We need to have an engineer provide some information and start getting funding options.

Councilman Tharp would like a list of the items in the Community Sustainability Plan that have been accomplished.

Councilman Hawk expressed concerns about the water pressure on the north side of town.  It is a concern that had come up before and VA Miller would like to use a plumber to test one of the homes at different connections within the home.  Councilman Hilliard suggested checking the new home on Scioto.

Councilman Hilliard brought up the water tower inspection and asked when the work was going to be accomplished.  VA Miller stated it would probably be next year so he can look into OPWC funding.

Councilman Hilliard asked if the golf tees would have numbers on them.  VA Miller stated that signs are being made to put on the posts with the numbers and a map of the course.

Councilman Hilliard asked about the setbacks for Brewster Dairy from the road and homes.  VA Miller stated he would send him the information.

VILLAGE MAYOR: Mike Schwab

Mayor Schwab welcomed Commissioner Janet Creighton to our meeting.  She stated she was attending to see how our Council meetings were run as a Stark Count citizen and thanked everyone for voting for the levy. 

1.            UPDATE - AMP SOLAR PROJECT

• Spoke with Mr. Miller who advised that he & Mrs. Miller are frustrated with AMP/NextEra; we advised AMP who have stated that issues will be resolved
• June 15^th AMP provided the Millers w/drawings of AMP’s planned property purchase:

o   original 12 acres that Village proposed to purchase

o   plus, an easement in an adjacent area for tree removal (NextEra shading concern)

• AMP has asked the Village Administrator to obtain access easement from Army Corp; Mike has been in contact with Corp; NextEra Rep has also contacted Army Corp of Engineers
• Fairless Supt. Bidlack has been advised that Council has begun legislative approval of purchase of the Fairless Access Lane (1.526 acres)

2.             Ohio AG/Ohio EPA Consent Decree Case vs. Walkers/Hillview

• Awaiting Ruling from Judge Farmer

3.            AGAIN - Fire/EMS Finances/Budget Report and Recommendations

• Intent: With limited finances in both programs - Examine all available measures to provide funds for near future and future purchases of vehicles and equipment in the Village Fire Services and the Village EMS Services
• Step one: The Village Clerk, VA, and Mayor, as the administrative arm of the Village, are to draft a potential game plan for possible Budgets in Fire and EMS
• Step two: involve both the Fire Chief and the EMS Coordinator to request their input and recommendations
• Step three: Sit down with appropriate Council Committees to review findings                     

4.            EMS Services Billing Protocol

• Mayor working with Asst. Chief Jen Mohler to

o   put on paper an outline of how current EMS Billing works

o   examine available options to EMS Billing practices with an eye toward recovering additional funds

• Mayor and Asst. Chief Mohler will then work with Chief Colucy and VA to provide a recommendation to Council concerning any changes to EMS Billing practices
• EMS Billing practices play directly into the EMS Budget

5.            APPRAISAL – Old Sturm’s Property

• Lots 7000455 and 7000943 total of 19,600 square feet
• Property value Appraisal for informational purposes???  Mayor Schwab would like to hire Tom Jackson Realty to complete the appraisal.  Councilman Tharp is okay with the appraisal but feels the property should be kept for either expanding the Fire Department or Village Hall.

6. REMINDER - Ohio Public Works Commission Program: State Issue II Funding Application

Schedule:                           

• JULY 7, 2017    Applications made available to all political subdivisions in Stark County.  
• SEPTEMBER 15, 2017 Completed infrastructure applications due at SCRPC offices.  12:00 Noon 
• Village administration has several applications in mind; VA to provide project(s) for Council’s consideration
• Council legislation is required to submit any application
• Matching Funds and/or dedicated funds for repayment of loan is required

VILLAGE CLERK-TREASURER: Kris King

May 16^th thru June 5^th:

1. I am working on the Annual Financial Information for OWDA.  This is part of our cooperative agreement with them.
2. I have been working on adjustments to the appropriations.  With the new funds, I felt that some line items needed to be added for better tracking of expenditures and revenues.  I will be asking Council to create an ordinance for supplemental appropriations in the near future.
3. I will be working with American Legal to get our codified ordinances up to date over the next couple of weeks.  Last update was approved by Council in August of 2016.
4. I am working on the Fire and EMS five year budgets as part of the Employee Compensation Committee.

COMMITTEES or COUNCIL REPORTS:

Employee Wage Compensation Committee Minutes from June 8: initiate Employee Compensation Policy implementation for Council consideration for 2018 Village Budget.  Councilman Tharp stated this committee was appointed by the Mayor and had discussed the employee performance evaluation ordinance that was just approved this evening.  They also discussed wage increases based on the inflationary rate.  

Employee Wage Compensation Committee will meet on June 22 at 6 pm.

Councilman Godwin requested information about the alley (Wandle Court) adjacent to the east edge of Bimeler Park that has been closed temporarily by VA as an information gathering measure. A poll has been placed on www. brewsterohio.com to request Residents’ input (Council copy).  Councilman Tharp stated a poll on the website was a mistake because people could vote from every electronic device they own.  He himself could vote five times.  The poll should be placed on the back of the utility bill so there could only be one vote per household.  The Mayor stated the primary reason for the blocking of the alley is safety.  The VA stated that the closing of the alley was also included in the Community Comprehensive Sustainability Plan and he was instructed to be working on the plan since his hire.  Councilman Fox is concerned about restaurant patrons and people leaving the park having problems turning left along with congestion in the area.  Councilman Hilliard suggested putting up another stop light.  The VA suggested making it a one-way alley.  Councilman Hilliard stated Council voted to close it for the festival and that it should have been opened after the festival.  It was noted that there was a concert and it needed to be closed for safety of the crowd.  Councilman Tharp stated that Council spent the money on the plan and questioned whether Council was going to follow the plan that was paid for.  VA Miller suggested having an engineer provide plans on how the project would look 

Councilman Hilliard requested that the VA review the water pressure in area of Muskingum/Harmon.

Councilman Tharp had requested via email information from VA about mandatory trash collection at Brewster residences.

Village Records Commission met this evening.

PENDING PROPOSALS FROM PAST MEETINGS:

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 refer a request from Brewster Cheese for a zoning change from residential (R-3) to Industrial for parcels:7001828, 7001829, 7000654, 7000067, 7000070, 7000719, 7001614, 7001209, 7000474, 7000033, 7001219, & 7001631.  The vote: All yes.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to appoint Jenna Arthur conditionally as a probationary firefighter pending background, physical, and background check.  The vote: All yes.

VILLAGE SPEAKS:
Mayor Schwab thanked Ray and LaVonne Heitger and the rest of the Recreation Board for the great job with the concert last Friday night.

Councilman Tharp stated Mr. Fogle on Mohican Street would like the brush behind his house cleaned out.  VA Miller stated the Village is looking at cleaning the ditch but the brush is on private property.

Councilman Hilliard stated the mosquitoes on McKinley are bad and stated the Village needs to spray.

AUDIENCE TIME:

Ray Heitger, 317 West 7^th St, suggested a stop sign where the alley that runs from Wabash Ave into the alley that runs behind the Moose and Credit Union.  Councilman Fox stated it is a required stop.  Ray said he still thought it was a good idea to remind people because they aren’t stopping.  He also would like to thank Council for bringing up the animal issue again.  He wanted to thank Supt. Rick Patterson for moving the bleachers for the concert. And he asked that the alley be blocked off for the rest of the concerts.

Jenny Spivey, 185 West 4^th St, suggested speed bumps in the alley being discussed and posting the portable speed sign to show people how fast they are traveling.  She also suggested using the surveillance cameras to monitor the travel in the alley.  Jenny stated that closing the alley would limit the Police Department to one exit from the station.

Councilman Fox remembered he wanted to mention that a handicap entrance needs to be made near the south exit of the park.  He noticed people having trouble at the recent concert.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to adjourn the meeting at 8:16 p.m.

Respectfully submitted,

Kris King, Village Clerk-Treasurer

Mike Schwab, Mayor