September 18, 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.

 

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, Solicitor                                  Kris King, Clerk-Treasurer

Michael L. Miller, Village Administrator 

 

Mayor Mike Schwab asked if there were any additions or deletions to the September 5, 2017 Council meeting minutes. 

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to accept the minutes as presented.  Councilman Hilliard stated the comments he made about the Planning Commission were not in the minutes.  The vote: Hilliard, no; Mackey, yes; Tharp, yes; Fox, yes; Godwin, yes; Hawk, yes.  Motion passed.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to accept the bills in the amount of $ 409,522.39.  Councilman Tharp asked if the Winfield invoice was for nuisance abatement and was assessed on the owner’s property taxes.  VA Miller stated the property owner is billed first, then if not paid, the charges are assessed to the property.  The vote: All yes.

 

Herbert Rearick, 220 Cleveland Ave SE, returned from last meeting to further discuss his pigeons.  He presented a letter from his doctor explaining the importance of his pigeons as therapy.  He stated he has been a resident for 14-years.  He started out by having a few chickens which the Village Administrator at the time stated were not against Village ordinances.  A few years ago, he switched to homing pigeons.  No one came to see his set-up, they went to other residences when someone complained about someone but not to him. This is not the first time the pigeons came up.  When it came up in the past he was going to be grandfathered in.  Now this time Council is saying he is not grandfathered in.  He asked that the VA or the lawyer (Solicitor) to give him the definition of grandfathering.  He had another complaint to the Health Department and they came down and said he was following all the rules. “I’m 84 years-old and you act like I’m going be here another 50-years.  I think it’s a disgrace that you are going to take this hobby away from me.  They are not hurting anyone.  They get out and fly around and come back to their cage.  In fact, they are very seldom out of their cage.”  Only when he lets them to out to exercise.  The breeders never go out.  He has been a good resident.  He has helped by donating a tree, a flagpole, and he watches the park.  He has worked with the Police Department.  He is sick and tired of this stuff.  “You bring stuff up then wait six months and bring it up again.  Why don’t you make up your mind and make a decision and just be fair.”   If he was a younger fellow, he would just leave Brewster.  He is too old to be moving around.  He has seen the (zoning) ordinance and he sees tons of things in Brewster that are illegal.  He could come in to complain but maybe that won’t happen.  “That’s all I have to say.”  Mayor Schwab thanked Mr. Rearick for coming in and sharing his concerns with Council.  Councilman Hilliard stated he had checked out his property and he said it was immaculate.  He asked that the Solicitor explain to Mr. Rearick what would happen if the ordinance passes and why he could not be grandfathered in.  Solicitor Anthony stated that since this is an ordinance that deals with health and welfare, it is not a zoning ordinance, that can’t make someone stop using their land for something that already exists, and there is no provision for grandfathering.  Unless it is added, but typically grandfathering is not put in ordinances.   Councilman Fox advised that he had missed last meeting due to his wife’s health issues.  He read the minutes and read the information provided by the Pigeon Association.  He went down by Mr. Rearick’s and didn’t see or hear anything.  He missed all the fireworks last meeting.  Mr. Rearick stated that the fireworks haven’t begun, he has hired a lawyer.  Councilman Tharp asked if Council could modify the ordinance to allow Mr. Rearick to be grandfathered in. The Solicitor said it is allowable but by passing the pending ordinance as drafted, the law restricts the activity.  So there would not be grandfathering because this is a nuisance and the ordinance restricts that activity.  A Zoning Ordinance cannot stop something that was once allowed, such as setbacks, but a regular ordinance is restricting a considered nuisance.  There is some case law that states that you can allow a grandfathering provision but it usually deals with dogs.  Tharp asked if there was any law that allowed for a sun setting period.  The Solicitor stated that in the draft, there is a six-month period for residents to come into compliance.  By allowing grandfathering, you are saying it is unlawful for one person and lawful for another.  The reason the courts are upholding these ordinances is because they are declarations that these activities are a considered nuisance that affects the health and welfare of the public.  He has seen some case law that could allow it.  He can research if Council wishes.  Councilman Tharp asked Chief Creter to reiterate that if it applied to one resident, it should apply to all.  Chief Creter stated that was correct.  Mayor asked Council if they would permit Mr. Rearick to speak again and they were fine with it.  Mr. Rearick stated that if you want to talk about health issues, what about the pigeons in the underpass and all the horse manure in the street?  What about all the manure behind Belloni’s?  Does Council want to run the Amish out of town and take business away from Belloni’s?  The problem at Mr. Tusing’s house was not his pigeons but was the nesting of the starlings.  They are in and out of the buildings.  He offered to have the poop analyzed to prove that it was the starlings but Mr. Tusing called the Health Department instead.  Mr. Rearick added, “another problem that he didn’t mention was the Tusing dog and he corrected the problem”.  Mr. Rearick stated that Mr. Tusing had to run to the health department and turn him in. Mr. Rearick has retained a lawyer. Councilman Hilliard stated that there have been issues with chickens and the Herb had gotten carried away with his pigeons but is getting it under control. Councilman Hilliard would like to see amendments made to allow Mr. Rearick to keep 30 pigeons.

 

Stuart Rogers, 235 7th St. SE, had questions about health and safety concerns that were being addressed with the new ordinance being written.  He wanted to know what the concerns were on chickens. Councilman Tharp stated that residents had complained about the smells. Mr. Rogers asked how Council came up with the number six for the chickens. Mayor Schwab stated that council had looked at other communities and that 6 was the number that has worked for them. Mr. Rogers stated he started out with eight chickens. He looked online to see what was required for healthy chickens.  Two coops were then added to the area. He asked what Council could tell him that he would need to do to be compliant with the new ordinance. He also asked that because he had two parcels, could he have 12 chickens? Councilman Hilliard asked why he needed more than six?  Mr. Rogers stated he needed the eggs for his family.  Solicitor Anthony stated under the draft legislation, each family could only have six.

 

Mr. Rearick stated that the Police Department and the Fire Department do a great job but he doesn't know about the rest of the Village.

 

Rod Tusing, of E. 2nd St., recently lost his father and the pigeon poop is destroying his father’s truck parked on his property adjacent to Mr. Rearick. He also has a smell along the fence. This is not why he came to the meeting. His intention was to discuss his son's Eagle Scout project. His son would like to paint address numbers on the curbs and he needed to know if it was okay with Council before proceeding. Councilman Hawk advised that the Boy Scouts require a presentation and documentation for Eagle Scout Projects.  Similar information provided to Council at a Council meeting by his son would be welcome.  Mayor Schwab advised that any work in the street would require safety precautions. Mr. Tusing is also interested in the purchasing of the old Sturm's property. He would like to find a place for his business to grow. Councilman Godwin stated that the property would have to be sold at auction or bids received because it is public property.

 

Mr. Rearick doesn't understand Mr. Tusing’s complaint when the health department did not have anything to say about any smell. Mr. Rearick stated that the health department stated he had followed all the rules for keeping pigeons. As far as the complaint about the pigeon poop, pigeons do not poop in flight, they have to land to poop.

 

Other residents in the audience:  Jim Barnard, Director of Operations at Brewster Cheese, Ray Heitger, and Sidney Radich.

 

ORDINANCE 52 – 2017: An ordinance authorizing the adoption of an employee training and education policy was given third reading.

 

COUNCILL MEMBER GODWIN MOVED, SECONDED BY COUNCILMEMBER THARP and motion carried to bring the legislation forward for passage. Village Administrator Miller stated that the blank on Section 4J on page 3 of the draft needed to be completed. A maximum benefit needed to be put in or the whole section could be taken out. The important part is that everything be consistent. Section J that they are discussing is the maximum benefit an employee can be reimbursed. Councilman Mackey felt that the administration already had an amount in mind.  VA Miller suggested $1000 per training could be permitted without coming before Council for approval. It was stated that prior notice was needed and permission from the Appointing Authority to take the class and that a PO be issued. This will enable proper budgeting of training expenses.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to amend Section J to say the maximum an employee to be reimbursed or that may be spent per training and/or educational class is $1000. The Amount in Excess Shall Receive Approval from Council in Addition to Other Approvals. The Vote: All Yes.

 

The Vote on Passage of Ordinance 52 – 2017: All Yes.

 

ORDINANCE 53 – 2017: An Ordinance Authorizing the Adoption of an Employee Training and Education Reimbursement Policy and the Addition of the Policy As Defined to the Village Employee Handbook Was Given Third Reading.

 

COUNCILMAN THARP MOVED, SECONDED BY COUNCILMAN MACKEY and motion carried to pass the ordinance as presented. Councilman Hilliard asked if this was basically our contract with the person getting the education. The Mayor stated that is correct.

 

Third Reading: A Resolution Authorizing the Village to become a Member of the Stark County Schools Council of Government and to Participate in their Employee Healthcare Programs. Mayor Schwab recommends tabling time to get comparisons with other insurers. VA Miller stated that Aultcare has agreed to give us a quote on our own and he also wants to check the SERB report and get a quote from Jefferson Healthcare.

 

COUNCILMAN HILLIARD MOVED, SECONDED BY COUNCILMAN FOX and motion carried to table the ordinance as presented. The vote: all yes.

 

ORDINANCE 54 – 2017: An Ordinance Vacating a Portion of Harriman St., SW Between Parcels 7000070 and 70001206 was given third reading. Mayor Schwab provided a map on the monitor showing the vacated portion.

 

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to pass the ordinance as presented.  Councilman Hilliard asked why we can sell the Sturm property at a profit but we get no money for road and alley vacations. Solicitor Anthony stated it is in operation of law that resulted from a Supreme Court case. The vote: all yes.

 

ORDINANCE 55 – 2017: An Ordinance Approving the Rezoning of Parcels  7000474, 7000033, 7001219, 7001631, 7001209, 7001614, 7000719, 7000070, 7000868, 7000654, 7001828, 7001829, and 7000067 in the 700 block of Herrmann and McKinley Street in the Village of Brewster from R1 (single-family resident) to I-1 (Restricted Industrial) was given third reading.

 

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER MACKEY to bring the legislation forward for passage. Councilman Hilliard stated that this is basically a whole block and the residents in the area are concerned about it. He wished that a plan had been provided and that Brewster Cheese should’ve been more responsible. He feels that everyone should have done their homework.  Councilman Tharp wanted to know what the plan options were. He stated that some members of the administration had been invited to the site but nothing was shared with Council. Councilman Tharp wanted to know if there was any economic value to the any of the plans that were presented to the administration. Councilman Hilliard stated he’d heard that it could be water wells, maintenance buildings, or a substation. He would like to have known what was going on. No one on Council knows what is being planned. Councilman Fox stated the people that sold their parcels to Brewster Cheese didn’t give a crap. The dairy spent a lot of money to purchase these properties. Councilman Hilliard stated two of the people that moved have relocated in town. He stated it would’ve been nice to consider the neighbors in the plan. It could have been planned better. Councilman Fox stated the whole town could have been planned better. The whole process has gone through the Planning Commission and they are recommending this ordinance. The vote: Hilliard, no; Mackey, yes; Tharp, no; Fox, yes; Godwin, yes; Hawk, yes. The ordinance passes.

 

ORDINANCE 56 – 2017: An Ordinance Authorizing the Adoption of an Employee Recognition Policy and the admission of the Policy as Defined to the Village Employee Handbook was given third reading.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to pass the legislation as presented.  Council Member Hilliard is kind of excited about this. If the employees use this right, they can get more than a thank you for getting grants.  He thinks it’s a good thing. Councilman Mackey asked if the administration was comfortable with the figures in this ordinance. The mayor and VA both feel comfortable with the figures provided. The vote: all yes.

 

ORDINANCE 57 – 2017: An Ordinance Authorizing the Adoption of Employee Handbook Objectives and the Addition of the Objectives as Defined to the Village Employee Handbook was given third reading.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to pass the legislation as presented. Councilman Hilliard asked VA Miller to explain the ordinance. VA Miller explained that the policy explains the objectives of the handbook. The vote: all yes. Councilman Hilliard ask how soon the book would be done. He asked if he could expect completion by the first of the year. VA Miller stated that most of it should be done by January 1, 2018.

 

ORDINANCE 58 – 2017: An Ordinance Amending Ordinance 15 – 2004 which Adopted a Policy and Set Procedures for the Vacation of Village Streets, Alleys, and Right-of-Ways was given third reading.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to approve the legislation as presented.  VA Miller was asked what the changes to this policy were. VA Miller explained the changes are who makes arrangements for and pays for the appraisal and the survey which makes it a much simpler process. The vote: All yes.

 

Second Reading: An Ordinance Amending Chapter 90.16 Concerning Vicious Dogs and to Repeal Chapter 90.18.

 

Second Reading: an ordinance authorizing a contract with Attorney G Ian Crawford for village prosecutor services.

 

Reading First: Amend Chapter 90 concerning the keeping of chickens and other foul.

 

ORDINANCE 59 – 2017: An Ordinance Enacting and Adopting a Supplement to the Code of Ordinances for the Village of Brewster, Ohio, and Declaring an Emergency was given first reading. (Tabled on September 5, 2017).

 

COUNCIL MEMBER HILLIARD MOVED SECOND BY COUNCIL MEMBER FOX and motion carried to suspend the rule requiring three separate readings and bring the legislation forward for passage. The vote: All yes.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to pass the legislation as presented. The vote: All yes.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to un-table the ordinance awarding a contract for casualty and liability insurance to the Wichert Insurance Agency. The vote: All yes.

 

ORDINANCE 60 – 2017: An Ordinance Awarding a Contract for Casualty and Liability Insurance to the Wichert Insurance Agency.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to make the changes shown on the monitor which authorize and direct the VA and Clerk-Treasurer to enter into contract with the Wichert Insurance Agency for Casualty and Liability Insurance, including Cyber and Crime Liability, for a total one-year premium of $47,734, and said contract runs from 9/25/17-09/24/20 as submitted on Wichert’s 09/13/2017 proposal. Clerk Treasurer King stated it would be split equally between the General Fund, Water Fund, Sewer Fund, and the Electric Fund. The vote: All yes.

 

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to pass the legislation as amended. The vote: All yes.

 

Also tabled on September 5, 2017: at Third Reading: An Ordinance Authorizing a Contract for the Village Employee Health Plan.

 

Fire Department: Chief Chris Colucy

Chief Colucy reported there have been 522 calls for the year. He also stated that they received 15 of those calls within a 2 ½ day span.

 

The Fire Marshall will be at Beach City Fire Department on Wednesday, September 20, 2017 to discuss the MARC’s radio system. There will be a $50,000 grant available for departments that serve under 25,000 people. Chief Colucy said he doesn’t know if there will be a match at this point but will let Council know as he learns more information.

 

The Fire Department is planning a celebration next year for their 100 years of service. The Fire Department was started in 1918. He wants to do something special at the festival. The clerk will try to find the original date the Fire Department started.

 

Chief Colucy presented a packet for a new ambulance the department would like to purchase that would cost $199,089. The lead time on the purchase of the ambulance would be 150 to 160 days. Chief Colucy stated that he knew it was short notice but needed to have an answer tonight. If he didn’t give them an answer by September 30^th the price will go up $1500. There are only 2 chassis left. Sugarcreek got one and he would like to have the other one.  He also stated that the 2018’s would be the only chassis available after that and that would cost an additional $1500 along with a 3% increase and would not be able to be ordered until February or March 2018. They would like to have a Lifeline ambulance. They want the same length of box as on #155 but taller. Lifeline said they would give a trade-in on the old ambulance of $12,000. The VFD will contact private ambulance companies and see if they would be interested in purchasing the old ambulance outright. We can go up to the day they make delivery to sell it outright, otherwise they pick it up when they drop off the new ambulance. The department wants a diesel motor. This price includes all the decals and the installation of the power cots. Chief Colucy is asking that they pass this under emergency in order to save on the increase in the cost of the ambulance. He knows we don’t have the money but has looked at a loan from PNC Bank. Wilmot Fire Department has done it. Chief Colucy feels we need to bite the bullet and get it this year in order to avoid a $7000-$9000 increase. He would like to add height to the cabin and special locks for the cabinets to protect drugs. There’s $157,000 in the Ambulance Replacement Fund. They do not require any money down, you pay for when the ambulance comes in. Councilman Hawk was originally looking towards a Dodge because of the Cummings motor, but he found out it doesn’t have the Allison transmission. He agrees that the Ford is a good purchase.  Councilman Mackey wants to know where the money is coming from? He has sat through meetings for the last three years about the Fire Department. The last meeting he sat in stated that in five years the Fire Department will be out of money. He has not heard anything proposed or a recommended on how to generate enough money to purchase a new ambulance, a new fire truck, or anything else that the Fire Department needs. He appreciates all the work that Chief Colucy has put into this but doesn’t see how we can pay for it. Mayor Schwab stated that he is not endorsing the purchase at $199,000. Councilman Mackey stated he is very concerned about how to pay for this new ambulance.  Chief Colucy stated he has suggested a loan from the Electric Fund, but no one wants to do this. He is worried that the old ambulance is going to break down with the patient in the back. Mayor Schwab stated that we may have a $180,000 budget with the current Ambulance Replacement Fund balance and a $20,000 year-end transfer.  VA Miller stated that he thinks the two parties are closer than they think with the trade-in, VFD’s contribution, and possible deductions. He worked the numbers and they are only $739 off. He will be going to Tuscarawas Township for more millage and that Sugarcreek Township is banking on the pipeline. Chief Colucy said the department needs an ambulance, they will make the fire truck last. The ambulance shakes and rattles and they can’t take a blood pressure while the ambulance is moving. Councilman Tharp ask about how much was going to be in the Ambulance Fund at the end of the year. Clerk King stated approximately $160,000. Councilman Tharp asked what the balance was in the Capitol Project Fund. The clerk replied that there is $164,000. Councilman Tharp asked what kind of life expectancy comes with his ambulance. Chief Colucy said 15 to 20 years . Councilman Tharp said that Chief Colucy is the only one to come up with options on how to come up with more money. He doesn’t know what more we can ask of him. It’s Village Council’s job to come up with the money.  He has been to multiple meeting and so far he is the only one to offer up suggestions: one to have the association kick in some money, “put some skin in the game, to hard bill, and to look at another levy”. “We have done nothing but kick the can down the road and wasted our time in meeting after meeting. It is our job to find creative ways to find money and part of the capital projects fund would be one way we could help fund that ambulance.” He does not feel it’s unreasonable in the current circumstances. We need to look at how much we are putting in these different funds and where it is needed most. We need to start having meetings so we go to the public and ask for a levy. Councilman Mackey said as far as a levy, how many times can you go to that well. We need to figure out a way to make more money or cut costs in the Fire Department.  You can take all the money one of the Capital Projects Fund but then what you do, because you haven’t solved the problem. You are not gaining anything by doing that. Councilman Tharp thinks that the VA, the Mayor, the Chief, and the Clerk need to get together and make some plans. He thinks we should start having meetings to figure out how much should go into each of the different funds before we can go to the people and ask for more money. He said we need to stop spinning our wheels. The Mayor and the Clerk stated that we just spent an hour and a half in a meeting last week to try to come up with some ideas. The Mayor said again, there has been a budget made of $180,000 purchase the ambulance. His point in the Fire/EMS meeting was that we need to learn to live within our budget before we can go before the voters.  Wilmot Fire Department purchased an ambulance for $177,000 which is well within our budget. Councilman Tharp said the Fire department is not like the other departments. They are a service department. He feels it’s unacceptable to expect to purchase an ambulance for only $180,000. Chief Colucy said Wilmot Fire Department paid for half and financed the other half. Councilman Godwin feels that someone needs to go down to the townships and discuss our financial situation. Chief Colucy needs to go to them and have the same conversation. VA Miller feels that you have to have a better comprehension on how much each call costs. Chief Colucy said we have the numbers. He went through how much we get per call including on what we receive from insurance. Chief Colucy said we are $739 off from getting the ambulance the department wants. Councilman Mackey said he will vote for the $180,000 and that’s it. The Mayor stated the Village should be able to come up with $739. Chief Colucy stated if the association ponies up for half the cost of the engine and some other things, what is Council going to ask the association to pay for next. The association has bought many vehicles and a lot of equipment and not come to Council for those items. Chief Colucy stated that the tires on the trucks also need replaced. Chief Colucy stated he doesn’t want to keep putting the purchase of the ambulance off because we’re never going to get the money. Councilman Mackey is concerned in five years there won’t be a fire department. “So whether or not you get a nice new truck with a diesel Cummings, in five years you will be the chief of nothing if we keep going the way were going.  You can have a nice new ambulance, but what good is it without an operational Fire Department. Each year we will have less money coming in.” Chief Colucy said that’s why he has brought up hard billing and he always gets turned down. There was another discussion on hard billing. Councilman Tharp clarified the $180,000 is after the trade in and all the cuts are made.  The Mayor stated the Village share should be $180,000. VA Miller also discussed the oxygen tank lift system. He would rather see that the instead of the red paint and airhorn. Clerk King brought up BWC grants and how they’re looking for safety items. Chief Colucy said he would have to wait till next year because he already applied to BWC for a gear extractor.

 

Chief Creter said they are revamping their hiring process. They are looking outside the Academy for part-time employees. They have two candidates. One is OPOTA certified and trained and has 80-hour training. One has a full-time job at Springfield Police Department and is well trained in the use of force.

 

Police calls are up 36% this year. Which is due to the increased activity level. That also explains the rise in the dispatch cost for 2018.

 

Solicitor Anthony provided two samples of legislation for kennels. One defines a kennel by the number of dogs or cats.  If  you reach a certain number, you must comply with the laws and regulations concerning a kennel that are in zoning regulations. If you go that way, it will require additional legislation. The other one, you just basically say no to going over the number of allowed animals.

 

Solicitor Anthony has been reviewing our current draft legislation and making sure everything is as it should be and making amendments as needed.

 

Solicitor Anthony discussed the ability to borrow from other funds. He stated it is only for short-term cash flow shortages and there’s an expectation of repayment. It’s not a transfer per se among funds, but is considered an advance. There are three statues that deal with transfers. In some cases, it requires court approval. They all require that legislation be passed to be permitted. The advance involves the municipality managing its own debt. If the transfers are made, to help cash flow problems, and are being paid back within a reasonable time, usually within a year, it would still require legislative action.

 

The other question from last meeting was whether a Village could partner with a nonprofit organization. And the answer is no. You can make contracts with private entities for certain public matters. Even with a public purpose, there cannot be an actual partnership.

 

The other question was whether the Employee Handbook applies to volunteer firefighters. For all intents and purposes, the firemen are considered employees. The municipality is permitted to make all kinds of bylaws and regulations to regulate their behavior. The Village can contract with a private volunteer fire department which has its own fire equipment. The other thing the Solicitor felt he should touch on as he listened to the problems with the fire department expenditures, is that if the department chooses to pursue outside financing, the municipal Finance Officer is required to certify that the funds will be available to repay the loan. Solicitor Anthony continued by saying that this has plagued of many fire departments and many are now choosing to go with a fire district in order to afford the equipment and vehicles.

 

Councilman Mackey asked if there was an advance made between the departments, what happens if the money is not paid back? Solicitor Anthony stated he has brought up that question and was told it does not happen that often because we anticipate it will be paid back and that is put on the books as a receivable. There is no one state statute on point to handle this situation. If the debt goes beyond a year, then there are usually bigger problems. If the money is not paid back, then it may have to be taken to the Common Pleas Court to be treated as a transfer. This can sometimes be acceptable because it is treating a cash flow problem. VA Miller stated if it’s taken out of an enterprise fund and it’s not paid back, someone’s going to be in trouble with the state auditor’s office.

 

Ohio Municipal League Annual Conference: November 1 through November 3, 2017 in Columbus.  The cost of the conference is $250 plus lodging at $159 per night.

 

L.O.G.I.C. Board/RED Center: By-Law/Agreement Amendments; 2018 Dispatch Contracts -

Fire Department = $ 32,820 ($ 28,800 in 2017); Police Department = $ 24,816 ($22,320 in 2017); Legislation required for By-laws and Contracts; Solicitor Anthony to review each.

VILLAGE ADMINISTRATOR: Mike Miller

Administrator’s report for period 9/6/2017 thru 9/18/2017:

 

 

 

 

 

We are still getting prices for paving. But, at this point we have only received one quote, and based on that quote we will only be able to do one (1) of the three (3) we sought prices for: either Needham from Wabash to McKinley; Tuscarawas from Harmon to Chestnut (to include intersections); or Jackson from Barber to Harmon.

 

 

However, we were able to have the contractor for the sidewalks being replaced as part of the natural gas line replacement on Wabash replace 3 sections on Huron at no cost.

 

 

 

VA Miller passed out notebooks to all of Council.  These notebooks contained the Employee Wage Compensation Committee’s recommendations and explained how the committee came to the wages agreed upon.  He asked Council to review the information.

 

Councilman Hilliard asked if the Frisbee Golf Course signs have been ordered.  VA Miller stated that they are still being designed.  Hilliard stated that grass and trees need planted.  VA Miller stated both are being taken care of this fall.  Hilliard stated there are 6 poles on McKinley that needed removed and there is a light that goes on and off at 258 Main St SE.

 

VILLAGE MAYOR: Mike Schwab
Request a Finance Committee Meeting to review the Employee Compensation Committee

recommendations for the 2018 Village Budget.

 

Post Office contact: Advised that Address Management would review the request about changing

Navarre mailing addresses in corporation to Brewster & provide an answer in 60 day (11/08/2017).

 

Mayor Schwab, VA Miller, Clerk King, Chief Colucy, and Assistant Chief Jen Mohler met with Ohio Billing to review billing process & available modifications including contracting with a Collection Agency; Solicitor will review a contract from the Collection Agency recommended by Ohio Billing; Ohio Billing has also recommended changes to the Ambulance Fee structure. The mayor provided a handout: A Billing/Collection procedure and suggested fee modifications. Mayor Schwab asked the council to take the time to review the ambulance fees collection.

     Mayor noted: Collection Contract and Ambulance fee modifications each require legislation

 

Solar Project Update: Purchase of property for solar plant is still in process. The size of the field is down to 1 MW.

 

September 6^th – 18^th, 2017:

 

1. The Concert with Jon King on September 16^th was a success

2. Requests up to $ 500 for the Village Halloween Party

 

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

1. Fire/EMS Committee Meeting Minutes from September 11th

2. Insurance Committee Meeting prior to tonight’s Council Meeting

3. Fire Department had a Lifeline Demo Ambulance for inspection by Council and Fire Officers on

     September 12^th; Lifeline Rep to provide a quote for Village purchase of a 2017 Ambulance

 

 

EXPENDITURE REQUESTS from past Meetings:

1. Donation request - Fairless Toy Cupboard via Fairless Food Cupboard organization submitted by Darlene Reed

1. From Fire Chief: Purchase of an Ambulance to replace the 2003 Ford Horton Ambulance

2. Mayor: Legislation for Kennels, Animal Shelters, & Animal Rescue facilities (Draft provided by Solicitor)

 

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 Hilliard and motion carried to approve the request from the Recreation Board for $500 for Halloween Party from the Recreation Fund. The vote: All yes.

 

Council Member Tharp moved, seconded by Council Member Fox and motion carried to schedule a Finance Committee meeting on October 2 at 6 PM. The vote: All yes.

 

Council Member Godwin moved, seconded by Council Member Hilliard and motion carried to create a Resolution of Congratulations to Nick Shepard for the Ohio High School Player of the Week for Stark County for running 310 yards and four touchdowns with 72% of the vote. The vote: All yes.

 

Council Member Tharp moved, seconded by Council Member Mackey and motion carried to pay the firemen’s payroll at a cost of $7004.00 out of the Fire Equipment Fund. The vote: All yes.

 

Council Member Godwin moved, seconded by Council Member Fox and motion carried to create an ordinance authorizing the purchase of a 2017 Ford F450, minus the $2,800 for red paint, $1,550 for the air horn, minus the $14,000 that the Association was going to pay, which brings the total Village commitment to $180,739 that the mayor said the village could pay for the Lifeline Ambulance from the Ambulance Replacement Fund and a possible year-end transfer to take into consideration, if the old ambulance goes out for bid and more money is received, the Fire Department may add the removed items back.   The vote: All yes.

 

Council Member Tharp moved, seconded by Council Member Fox and motion carried to donate $1000 to the Fairless Food cupboard for the 2017 Toy Drive. The vote: Hilliard, abstain; Mackey, yes; Tharp, yes; Fox, yes; Godwin, yes; Hawk, yes. Motion carries.

 

Council Member Tharp moved, seconded by Council Member Godwin and motion carried to approve employee flu shots and make them available for residents at cost. The motion: All yes.

 

Council Member Tharp moved, seconded by Council Member Godwin and motion carried to create legislation accepting the changes to the bylaws\agreement with L.O.G.I.C.  The vote: All yes.

 

Council Member Tharp moved, seconded by Council Member Fox and motion carried to create legislation to enter into contract for the Fire Department dispatch at a cost of $32,820 and for the Police Department dispatch at a cost of $24,816. The vote: All yes.

 

No one wished to speak

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to adjourn the meeting at 9:54 p.m.

 

 

Respectfully submitted,

 

Kris King, Clerk-Treasurer

 

Mike Schwab, Mayor