August 7, 2017 - Meeting Minutes

MINUTES
BREWSTER VILLAGE COUNCIL
AUGUST 7, 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
Steven Tharp, Jr., Council Member           Dale Fox, Council Member                          
Dave Godwin, Council Member                Chuck Hawk, Council Member                   
Tom Hilliard, Council Member                  Paul Mackey, Council Member                  
 
VILLAGE OFFICIALS:
John Anthony, Solicitor                            Kris King, Clerk-Treasurer
Mike Miller, Village Administrator
 
MINUTES FROM THE JULY 17, 2017 REGULAR COUNCIL MEETING:
Mayor Mike Schwab asked if there were any additions or deletions to the July 17, 2017 Council meeting minutes. 
 
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to accept the minutes as presented.  Councilman Tharp asked about the $6,152.00 invoice for the new cruiser.  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 $ 505,045.07.  The vote: All yes.
 
AUDIENCE:
Brewster Cheese Director of Operations-Jim Barnard, Fire Chief Chris Colucy, Andrew Hess,
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
First Reading: An Ordinance Authorizing the Submittal of an OPWC Application for a North Water Tower Rehab Project.
 
First Reading: An Ordinance Authorizing the Submittal of an OPWC Application for a Seventh Street E. Improvement Project.
 
First Reading: An Ordinance Authorizing the Creation of an Employee Prior Public Service Policy.
 
First Reading: An Ordinance Authorizing a Contract for a Village Employee Health Plan with Stark County Schools Council of Governments.  Councilman Tharp asked if this was put through the bidding process.  VA Miller explained that health insurance does not have to be bid out and went on to discuss the Stark County Schools Council of Governments.  Both Sugarcreek and Tuscarawas Townships are part of this consortium.
 
First Reading: An Ordinance Authorizing a Contract for Village Liability Insurance.
 
ORDINANCE 47-2017: First Reading/Emergency: Authorize the Sale of Village Share of AMP OMEGA JV1.
 
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: All yes.
 
VA Miller explained how AMP is getting away from diesel fuel generators and this one is located in Cuyahoga Falls and the Cuyahoga Falls Electric Department there will more than likely purchase it.
 
COUNCIL MEMBER FOX MOVED, SECONDED COUNCIL MEMBER THARP and motion carried to pass the ordinance as presented.  The vote: All yes.
 
RESOLUTION 48-2017: A Resolution of Tribute to Congressman Ralph Regula who passed away on July 19th, 2017.
 
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to pass the resolution as presented.  The vote: All yes.  Councilman Tharp asked who the resolution was being sent to.  Mayor Schwab stated it was being sent to his wife, Mary and family.  Councilman Tharp requested to take it to a dedication at Mount Union University and present it personally.  Mayor Schwab agreed.
 
MUNICIPAL DEPARTMENTS:
Fire Department: Chief Chris Colucy
Chief is requesting the appointment of Jake Luckring to the VFD as probationary fireman pending a physical, drug screen, and background check.  Mr. Luckring is fulltime at the Perry Township Fire Department and is a paramedic.
 
Chief Martin of the Perry Township Fire Department is requesting the Village go in with their department for a FEMA regional grant for radios along with other departments.  It would require a 5% match.   The Village would receive a $1,000 credit for the old radios.
 
There have been 419 calls so far this year, 8 of which were on Friday.
 
Chief would like to see the siren on the south side raised instead of not being used.  There was a discussion on the tornado siren being 15 minutes late.  RED Center controls the siren, the Fire Department has no control over it.  The Chief is in contact with RED Center concerning this issue.
 
Chief is looking into BWC grants.  He is having a contractor come down and give a quote for a diesel removal system in the fire vehicle bays and is also getting a quote for a special washing machine for the turnout gear.
 
At the last Firemen’s Association meeting, the association decided to make a one-time offer of paying one-half of the cost for a diesel motor towards a new ambulance.  Councilman Hilliard asked the cost of the diesel engine - $28,000.
 
The Association is using the money they collected in the gun raffle to purchase a thermal imager.  The cost is between $4,000 and $10,000.
 
The Association is also going to send a letter and a smoke detector home with every third grader when school starts.  There was a discussion on having them available for residents.
 
MSA and Scott air packs are being considered. Grants are only available that correspond to the number of seats in the fire vehicles and not the number of firemen on the department.
 
Councilman Tharp told about his discussions with the salesman from Horton.  He discussed the variety of items and what can be added and deleted to customize an ambulance.  Tharp stated it would be irresponsible to remount an old box on a new ambulance due to the new safety features.
 
Councilman Godwin would like to see the address signs the Fire Department sells advertised.  Painting the numbers on the curbs was also discussed.
 
Police Department: Chief Keith Creter
The 2017 Ford Explorer Cruiser is in service, the body cams are being utilized, and a new Firearms range is nearing completion.
 
Officer Paul Hanner’s Oath of Office administered on August 3rd, 2017.  His family attended.
 
VILLAGE SOLICITOR:Attorney John Anthony
Solicitor Anthony requested an executive session to discuss a pending court action.
 
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to go into executive session to meet with Legal Counsel to discuss disputes involving the Village that are subject to pending or imminent court action.  The vote: All yes.
 
All of Council, the Mayor, the Village Administrator, and the Solicitor exited the room at 7:52pm.
 
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to exit executive session at 8:38 pm.  The vote: All yes.
 
No action was taken at this time.
 
The American Society for the Prevention of Cruelty to Animals has notified the Village that our Chapter 955 needs to be updated.  Solicitor Anthony will be getting a template from the ASPCA to amend our ordinance.
 
COMMUNICATIONS:
Stark County Safe Communities: “National Drive Sober or Get Pulled Over Campaign” from 08/16 thru 09/04; Stark County OVI Task Force will participate w/OSHP and other agencies.  In 2016, 44% of all fatalities involved alcohol or drugs.
 
Congratulations are in order for Village residents on the Dean’s List at Kent State Stark – Rachel Childs, Zachary Childs, Gabrielle Russo, and Allexis Stotzer.  Also Lauren Fowler graduated Summa
Cum Laude from Mt. Union after achieving the Dean’s List every Semester in her four years at Mount.  There will be more for the next meeting.
     Letters of Congratulations to each have been prepared for Council’s signatures.
                                    Council members signed each letter.                                                                                                                                                     
VILLAGE ADMINISTRATOR: Mike Miller
Administrator’s report for period 7/18/2017 thru 8/7/2017:
  • Electric Purchases.  Council authorized two (2) separate purchases of electric through AMP at the July 17th meeting. The first was 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 was 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).
AMP is in the process of getting prices for the both the fixed block and the requirements block.  AMP plans on having the prices to us on August 8.  Once the prices are received, AMP will consult with the Village, and a final decision and purchases will be made.
 
  • Electric – AMP. I received a letter from AMP inquiring about Brewster’s interest in purchasing other AMP members “project resource shares” in various projects. (previously provided to Council).  Council recently authorized block and remainder purchases through AMP at a cost not to exceed $35 per MWh.
 
In contrast, the four (4) “project resource shares” are for:
               

 

Type of Generation

2017 adjusted rate per MWh

2021 projected)adjusted rate per MWh

Fremont

Natural Gas

58.77

60.80

Hydro

Hydroelectric

140.23

140.23

Prairie State

Coal

About 63

About 63

Meldahl

Hydroelectric

About 73

About 73

 
Unless Council tells me otherwise at Monday’s meeting, I intend to respond that the Village of Brewster is not interested in purchasing other AMP members “project resource shares” for the listed projects.
 
  • Electric – AMP Sale of JV1. We have received a communication from AMP regarding the sale of JV1. JV1 is nine megawatts of diesel generation installed at Cuyahoga Falls. Project “participants” consist of 21 communities in the Northeast AMP Inc. Service Group: Amherst, Beach City, Brewster, Columbiana, Cuyahoga Falls, Galion, Grafton, Hubbard, Hudson, Lodi, Lucas, Milan, Monroeville, Newton Falls, Niles, Oberlin, Prospect, Seville, South Vienna, Wadsworth and Wellington.
 
During the July 19, 2017 meeting of the JV1 “participants”, the quorum of “participants” present, unanimously passed a resolution approving the sale of OMEGA JV1 assets.  The full resolution has been forwarded to Council, but in summary:
 
  • JV1 is unable to beneficially operate, due to licensing, operating conditions, or other causes beyond its control, the generating units and related facilities described in the attached Exhibit (collectively, the “Assets”).
  • Pursuant to Section 16 of the OMEGA JV1 Agreement, the operation of the Assets are to  be discontinued and offered for sale by American Municipal Power, Inc. (“AMP”), as agent for OMEGA JV1.
  • OMEGA JV1 may be sold to a Participant at an amount not less than $180,000; provided, however, that if the assets are sold to a Participant that purchases the Assets on an AS-IS, WHERE-IS basis and assumes all asset retirement obligations for the Assets.
Although a quorum of “participants” was present at the July 19, 2017 meeting of the JV1 “participants”, the Joint Venture Agreement requires that the sale of assets be approved by each “participant”.
 
So that the actions previously authorized by the majority of OMEGA JV1 “participants” can move forward timely, I am requesting that Council authorize me to agree to the sale on an emergency basis.
 
  • Electric Department. The heavy-duty crew cab pick-up with snow plow for the Electric Department that was discussed at the May 1, 2017 Council meeting has been delivered to Chuck Nicholson in Millersburg and picked-up August 3, 2017. It is being scheduled to be lettered.
The domino effect will be the current electric Department pick-up will be turned over to the Water Department, and the 1977 former Fire Department Rescue Vehicle will be disposed of. As the 1977 former Fire Department Rescue Vehicle original purchase price exceeded $1000, Council will have to approve its disposal.
 
  • Columbia Gas. After attempts to make repairs to their gas main, Columbia gas made the determination to replace their gas main on North Wabash from Barber to Huron. It will also entail new house services for the entire length, meaning they will have to dig across North Wabash. That’s the bad news. The good news is that it happened BEFORE ODOT repaved North Wabash, so they aren’t digging up newly laid asphalt.
  • Water Department Back-Up Generator. Wood Electric has marked out and coordinating with OUPS for the move of the back-up generator to the Water Treatment Plant. We have met with Wood Electric. Work should begin this week.
  • 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. There is just a short section to complete.
  • 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).
  • Striping. The Village contractor painted the crosswalks and stop bars at intersections of Wabash and 7th, Wabash and Main, Wabash and 2nd, and Wabash and Chestnut. A no parking zone was also painted in at Bimeler Park along 1st Street.
  • Street Department. Job interviews were conducted for the position of Village Technician – Street. The hiring fills the vacancy left by Jim Spivey when he moved to the Water Department, and will bring the Street Department back to 2 full-time employees. The candidate’s references have been checked. This candidate will be assigned primarily to the Street Department.
The preferred candidate has prior street maintenance experience. Once given the authorization to proceed by Council, a conditional offer would be made – the conditions including but not limited to passing a criminal background check and a physical.
I am therefore requesting authority to hire a Village Technician – Street at the entry rate of $17.95 per hour subject to the candidate meeting all required conditions.
 
  • Sabo Park Disc Golf Course. On Monday July 31st the Village contractor installed the concrete “tee boxes”, which included some modifications to the course layout. To recap, some of the modifications made to improve the playability of the course and security of Village facilities were:
  • Move the tee box for hole #2 to the east (towards the road)
  • Move hole #3 basket west to get more distance
  • Move the tee box for hole #7 to the north west (uphill) to allow for the hole 9 basket to be moved north
  • Move the tee box for hole #9 to the south to help take “shot” over the Electric Building roofs out of play.
  • Move the hole #9 basket to the north, also to realign the hole to get discs away from Village facilities.
 
In addition, other changes still to be made are:
  • Plant some trees along road on hole #2 to reduce possibility of discs entering street
  • Add a bench near the tee box for hole #1
  • Add a bench at the tee boxes for holes #3, #6, and #8
  • Add signs to indicate “Employees Only” “No Public Entry” to fence/gates
  • Add parking stops along north side of parking lot to show where parking should occur.
  • Placing “No Parking in Front of Doors” signs, to allow our vehicles to get in/out during outages
 
  • Mosquito Spraying. We have begun mosquito spraying. We will continue to do so on Wednesdays or Thursdays, weather permitting.
 
  • Employee Handbook Policy. As Council is aware, I am still reviewing our Employee Handbook.
 
An issue that has come up where we have some past practices, but no written policy in place as to how we deal with Training and Education and Training and Education Reimbursement. So, with Kris’s input, in additional to opening up for input from Department Heads and Employees, I have written two new policies, 5.15 Training and Education and 5.16 Training and Education Reimbursement. They outline and follow our current practices, but expand on them to satisfy issues that we feel are relevant and likely could be raised by the Auditor of State. Some areas Council will have to complete, such as amounts, annual caps (if any). They are open for amendment.
 
I am requesting that Council adopt 5.15 Training and Education and 5.16 Training and Education Reimbursement Policies 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. As Council is aware, I am still reviewing our Employee Handbook.
 
Councilman Hilliard requested that a policy be drafted to provide rewards/incentives to Village employees to recognize and/or provide incentives to employees to improve Village operations in a number of ways, which are established in the policy. I have written the new policy, 3.16 Employee Recognition. Some areas Council may wish to amend, such as amounts and caps (if any). It is open for amendment.
 
I am requesting that Council adopt 3.16 Employee Recognition Policy 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. As Council is aware, I am still reviewing our Employee Handbook.
 
One of the portions of our Employee Handbook that we haven’t addressed is the Introductory Chapter. An important policy is a declaration of what the objectives of the Employee Handbook are. Towards that end, I have written a new policy 1.06 Employee Handbook Objectives.
 
I am requesting that Council adopt 1.06 Employee Handbook Objectives 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. As Council is aware, I am still reviewing our Employee Handbook.
 
One of the portions of our Employee Handbook that we haven’t addressed is the Introductory Chapter. In keeping with not reinventing policies unnecessarily, I have taken 1.1 Welcome to The Village of Brewster, 1.2 Introductory Statement, and 1.3 Public Relations and combined them into 1.1 Welcome and Introduction formatted for our revised Employee Handbook.
 
VA Miller provided general information on the health insurance and will get a formal resolution provided by SCSCOG.
 
Councilman Hilliard:
  • thanked VA Miller for contacting the Stark County Golf Association concerning the disc golf course
  • yellow tape needs to be put up around new concrete-there are bike tire tracks on one of the disc golf pads along with footprints
  • the stop light at the dairy has a bulb out
  • the storm drains need cleaned off
 
Councilman Fox asked about the lid being off the manhole on Wabash.  VA Miller explained that was to release the escaping gas from the gas leaks.  Otherwise it would be going into residents’ basements. 
 
Councilman Fox asked about section D in 3.16 - Employee recognition.  Does the “not to exceed $500” mean annually or per event?  VA Miller stated that is Council’s determination to make.
 
VILLAGE MAYOR: Mike Schwab
From Planning Commission July 20, 2017 Hearing and reflected in PC Minutes provided to Council:
  • Recommendation to Village Council that Parcels rezone parcels 7000474, 7000033, 7001219, 7001631, 7001209, 7001614, 7000719, 7000070, 7000868, 7000654, 7001828, 7001829, and 7000067 located in the area between 7th to Needham and between McKinley and Harriman in from R-3 (single, two, & multiple family) to I-1 (light industrial)
  • By statute Council is required to set a Public Hearing to review the rezoning providing a minimum of a thirty-day notice to the Public by Legal Ad (Suggest September 18th at 6:45 pm)
  • By statute Council is required to have legislation created reflecting the Planning Commission’s recommendation
  • Recommendation to Village Council to approve the Vacation of the portion of this 40-foot-wide Harriman Street that abuts the previously vacated portion of Harriman Street at the south property line of parcel 7000070 and runs 186 feet to the north property line of parcel 7001206 which in turn is 72 feet from the Right-of-Way of Needham Street SW.
  • By statute Council is required to have legislation created reflecting the Planning Commission’s recommendation
  • Recommendation to Village Council that Section 150.01 be modified to increase the non-refundable deposit to an amount that reflects the true costs in processing the Petition subject to modification by Village Council from time to time by motion of Council, and that the remaining language for the vacation process be modified to provide that the Petitioner will be responsible for providing the surveying, deed preparation, recording, and all legal matters as well as all expenses incurred in the event the petition is approved by Village Council and the Alley, Street, or Right of Way is vacated.
  • By statute Council is required to have legislation created reflecting the Planning Commission’s recommendation
Fire/EMS Committee Meeting scheduled for Monday, August 28th at 6:30 pm; Committee members: Councilmen Hawk & Hilliard and Chief Colucy, Paramedic Coordinator Mohler, Clerk King, VA Miller, & Mayor
 
Recommend that Council reappoint Ray Heitger to the Village Zoning Board of Appeals for three 
years effective on September 15, 2017
 
Handout & Planning Commission July 20, 2017 Hearing Minutes
 
VILLAGE CLERK-TREASURER: Kris King  
July 18 – August 7, 2017:
  1. The July Financials were given to Council.
  2. Income Tax: Income tax collections are down 10% as of July 31st compared to last year.  We are right in line with 2015 so I’m not concerned at this time.
  3. The Village is in compliance with the Payment Card Industry.  We are required to be scanned quarterly to ensure we stay in compliance.
  4. Ohio Business Gateway had not changed our tax rate on their website.  After numerous attempts to correct I finally was able to get it changed to the 1.5%.  There are still companies withholding at the old rate so I have started calling those companies to correct it in their systems.
  5. The Village received a check for $580.00 from Superior Paving for the use of the cruiser for traffic control on State Route 21.
  6. “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.
  7. Can non-residents use the old Sturm’s parking lot to set up garage sales? Council stated no.
  8. I have completed the 2018 Alternative Tax Budget.  The total budget is $8,561,300.  Copies are on the Council table if anyone wants to review.
Councilman Hilliard asked how the cops were being paid when working for other entities.  Clerk King stated the entities that hired them are paying the officers.  The Village has nothing to do with it.
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. Employee Wage Compensation Committee met on July 18th and again on July 25th; K. King has
     provided Minutes of both for Council review; next meeting on August 8th at 6 pm
2. Councilman Hawk, Employee Ryan Swan, VA Miller, & Mayor met with Stark Schools Council of
Government’s Employee Healthcare representatives on July 20th to review their Employee Health Plan
3. Council have any interest in manning a Booth at the Arts on the Boulevard?  Several Council Members expressed interest
 
REMINDER:      August 11 and 12: Village Wide Garage Sales
                         August 11 and 12: W&L Company Picnic
                         August 14 at 6:30 pm: Safety Chair – Possible Animal Legislation Review
                         August 19th at 7 to 9:30 pm: Concert in the Park – Last Call (Country Western)
                         August 28th at 6:30 pm: Fire/EMS Committee Meeting   
                         September 23rd – Arts on the Boulevard              
 
EXPENDITURE REQUESTS from past Meetings:
1. Fairless Midget Football Association Donation Request ($ 500 in each of previous four years)  
 
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 HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to draw up legislation adopting3.16 Employee Recognition Policy on a non-emergency basis, make it a codified ordinance in Chapter 38 EMPLOYEE REGULATIONS of our Codified Ordinances, and adding it to our Employee Handbook with the not to exceed $500 on an annual basis.  The vote: All yes.
 
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to donate $500 to the Fairless Midget Football Association.  The vote: All yes.
 
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to reappoint Ray Heitger to the Planning Commission Board of Appeals for a three-year term.  Mayor Schwab stated that Mr. Heitger does a great job.  The vote: All yes.
 
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to approve the appointment of Jake Luckring as a probationary firefighter pending a physical, background check, and drug screen.  The vote: All yes.
 
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to draw up legislation adopting 5.15 Training and Education and 5.16 Training and Education Reimbursement Policies 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. The vote: All yes
 
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to provide the Village Administrator the authority to fill a vacant Village Technician position.  The vote: All yes.
 
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to draw up legislation adopting 1.06 Employee Handbook Objectives 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.  The vote: All yes.
 
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to for clarification of a previous motion that the funds provided by Sugarcreek Township for Fire and Ambulance Service be placed in the Ambulance Replacement Fund.  The vote: All yes.
 
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to sign an agreement with the Isaac Wiles Law Firm to engage in the intervention in State of Ohio ex rel. The Board of Stark County Combined General Health District, et al v. Ohio Public Entity Consortium Healthcare Cooperative, et al.  Stark County Common Pleas Case No. 2017-CV-01438.  The vote: All yes.
 
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD to refer to the Planning Commission a requirement that in order to have a parcel rezoned that a plan for the use of the rezoned parcel must be provided by the applicant.  Councilman Hawk doesn’t believe that information is any of Council’s business.  Solicitor Anthony isn’t sure that the applicant, or any future property owner once the rezoning is approved, could be held to the plan that is provided.  The vote: Fox, no; Godwin, no; Hawk, no; Hilliard, yes; Mackey, no; Tharp, yes.  Motion fails.
 
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to create legislation to approve the Planning Commission’s recommendation to Village Council that Parcels rezone parcels 7000474, 7000033, 7001219, 7001631, 7001209, 7001614, 7000719, 7000070, 7000868, 7000654, 7001828, 7001829, and 7000067 located in the area between 7th to Needham and between McKinley and Harriman in from R-3 (single, two, & multiple family) to I-1 (light industrial) and to schedule a Public Hearing to review the rezoning on September 18, 2017 at 6:45 pm.  The vote: Fox, yes; Godwin, yes; Hawk, yes; Hilliard, no; Mackey, yes; Tharp, yes.  Motion passes.
 
COUNCIL MEMBER THARP MOVED, SECONDED COUNCIL MEMBER FOX and motion carried to create legislation to approve the recommendation of the Planning Commission to Village Council to approve the Vacation of the portion of this 40-foot-wide Harriman Street that abuts the previously vacated portion of Harriman Street at the south property line of parcel 7000070 and runs 186 feet to the north property line of parcel 7001206 which in turn is 72 feet from the Right-of-Way of Needham Street SW.  The vote: Fox, yes; Godwin, yes; Hawk, yes; Hilliard, no; Mackey, yes; Tharp, yes.  Motion passes.
 
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to draw up legislation approving the Planning Commission’s recommendation to Village Council that Section 150.01 be modified to increase the non-refundable deposit to an amount that reflects the true costs in processing the Petition subject to modification by Village Council from time to time by motion of Council, and that the remaining language for the vacation process be modified to provide that the Petitioner will be responsible for providing the surveying, deed preparation, recording, and all legal matters as well as all expenses incurred in the event the petition is approved by Village Council and the Alley, Street, or Right of Way is vacated.  The vote: All yes.
 
Councilman Tharp asked audience member and resident Andrew Hess if he would be interested in serving on the Village Income Tax Review Board.  Mr. Hess agreed to serve.
 
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to appoint Andrew Hess to the Income Tax Review Board.  The vote: All yes.
 
COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to go into executive session for the purpose of considering the purchase of property for Village purposes since the disclosure at this time, would give an unfair competitive or bargaining advantage to person(s) whose personal, private interest is adverse to the general public interest.  The vote: All yes.
 
All of Council, the Mayor, the Village Administrator, and the Solicitor exited the room at 9:24 pm.
 
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to exit executive session at 9:43.  The vote: All yes.
 
Councilman Hilliard stated that he is still receiving complaints about the fire siren.  VA Miller stated he is in contact with state bid Federal Signal to come in and tell us how high the signal needs to be.  The Village’s bucket truck can only put in a 60’-65’ pole.  He wants to make sure that is high enough before it’s done so it doesn’t have to take that out and put in a higher one.  Councilman Fox stated the north side fire siren didn’t go off for a call on Saturday when the south side siren went off.
 
Councilman Tharp would like more information about going in with Perry for a radio grant.  He wants to know if this is separate from the grant with Sheriff Maier.
 
VILLAGE SPEAKS:
Councilman Fox was approached with the following:
  • Sidewalks on Huron-VA has a list of problem areas and is checking to see if they can be ground down or need to be replaced
  • Trees need trimmed on several streets the Northside over the sidewalks
  • The tree in front of Bratcher’s needs to be looked at-VA has looked at it but the funds are running low in the tree budget
  • There is a pole at 2nd and Washington that has a couple of wires on it that needs removed.  VA stated we cannot remove it until Frontier removes their wires.
  • There was a resident requesting the curbs be painted yellow for no parking areas.
  • Road Apples – Can we require the Amish to put baskets or bags on their horses?
  • Why do we have the siren?  Councilman Hawk stated for tornado warnings.
 
Councilman Godwin asked about the film on the water when it is boiled.  VA Miller stated it is the minerals in the water.
 
AUDIENCE TIME:
Ray Heitger feels that the siren is needed, it may be inconvenient at times but he agrees with Chief Colucy in keeping it.  Councilman Godwin wanted to know why it is not on 24 hours then.
 
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to adjourn the meeting at 9:55 p.m.
 
 
Respectfully submitted,
 
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Kris King, Clerk-Treasurer
 
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Mike Schwab, Mayor