September 5, 2017 - Meeting Minutes

Brewster Village Council met in regular session with Mayor Mike Schwab presiding.

7:00 P.M. – CALL TO ORDER

COUNCIL MEMBER HILLIARD, SECONDED BY COUNCIL MEMBER THARP and motion carried to excuse Councilman Dale Fox from tonight’s meeting.  The vote: All yes.

Council Members bowed their heads for the invocation provided by Clerk-Treasurer

Kris King followed by the Pledge of Allegiance.

MEMBERS PRESENT:

VILLAGE OFFICIALS:

John Anthony, Solicitor                          Kris King, Clerk-Treasurer

MINUTES FROM THE AUGUST 21, 2017 REGULAR COUNCIL MEETING:

Mayor Mike Schwab asked if there were any additions or deletions to the August 21, 2017 Council meeting minutes. 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to accept the minutes as presented.  The vote: All yes.

PRESENTATION OF BILLS:

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to accept the bills in the amount of $ 42,292.16.  The vote: All yes.

AUDIENCE:

Patrick Quilter, 2930 West Dell Road NW, Canton, President of the Hall of Fame Racing Pigeon Club, presented literature on raising homing pigeons.  He feels that once Council has more the information on the sport, they will make a reasonable decision concerning the ordinance being proposed limiting the number of pigeons a resident can own to 6.  A sample ordinance is provided in the literature.  Councilman Hilliard stated he felt the ordinance should grandfather those owning birds to slowly reduce their numbers year by year but the solicitor stated that would not work.  Councilman Hilliard stated he will schedule another committee meeting to discuss it further after everyone has the opportunity to review the material.  Councilman Tharp stated the sample ordinance does not contain a limit on the number of birds.

Herbert Rearick, of Cleveland Ave stated that someone turned him into the Stark County Health Department for his pigeons.  The Health Department gave him a permit because he passed with flying colors.  He has talked with his neighbors and no one says they have a problem with his birds.  Mr. Rearick uses his pigeons for therapy and can get a letter from his doctor if Council wishes.  He stated his birds are out very little.  He only exercises them for 10 minutes a day.  Mr. Quilter stated that the pigeons are not like normal birds.  His group is planning to take some birds to Columbus next week and release them to fly to their Stark County homes.

Other residents in the audience: Ray Heitger and Andrew Hess.

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

ORDINANCE 49-2017: An Ordinance Authorizing the Submittal of an OPWC Application for a North Water Tower Rehab Project was given third reading.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP to bring the legislation forward for passage.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to amend the name of the project in the ordinance title to “Brewster North Water Tower Safety Improvements and Rehabilitation Project”.  The vote: All yes.

The engineer’s estimated cost is $ 213,543; OPWC application breakdown 51% Village/49% Grant.

The vote on the Legislation as amended: All yes.

ORDINANCE 50-2017: An Ordinance Authorizing the Submittal of an OPWC Application for a Seventh Street E. Improvement Project was given third reading.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD to bring the legislation forward for passage.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to amend the name of the project in the ordinance title to “Brewster Seventh Street Improvement and Paving Project”.  The vote: All yes.

The engineer’s estimated cost is $ 209,000; OPWC application breakdown 51% Village/49% Grant.

The vote on the Legislation as amended: All yes.

ORDINANCE 51-2017:  An Ordinance Authorizing the Creation of an Employee Prior Public Service Policy was given third reading.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to pass the legislation as presented.  Councilman Hilliard had some questions and asked for some clarifications.  The Mayor and Solicitor provided answers. The vote: All yes.

Third Reading: An Ordinance Authorizing a Contract for a Village Employee Health Plan with Stark County Schools Council of Governments.  Mayor Schwab asked that this be tabled until more information is received.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to table the legislation.  Councilman Tharp asked if this would impede the Village’s future changes of the employee’s health insurance coverage and the Mayor stated it would not.  The vote: All yes.

Third Reading: An Ordinance Authorizing a Contract for Village Liability Insurance.  Mayor Schwab asked that this be tabled to allow Council to schedule a review the quotes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to table the legislation.  Councilman Tharp asked the Solicitor if this would be a substantial change and would require the legislation to be to first reading.  Solicitor Anthony stated the change would be fine and it would remain at third reading with the change.  The vote: All yes.

Second Reading: An Ordinance Authorizing Employee 5.15 Training and Education Policy.

Second Reading: An Ordinance Authorizing Employee 5.16 Training and Education Reimbursement Policy.

Second Reading: A Resolution Authorizing the Village to become a Member of the Stark County Schools COG and to Participate in their Employee Healthcare Programs. 

Second Reading: An Ordinance Authorizing the Vacation of Harriman Street between Parcels 7000070 & 70001206.

Second Reading: An Ordinance Authorizing the Rezoning of Thirteen Parcels on the 700 Block of Harriman & McKinley.

Second Reading: An Ordinance Authorizing the Adoption of an Employee Recognition Policy.

Second Reading: An Ordinance Authorizing the Adoption of an Employee Handbook Objectives.

Second Reading: An Ordinance Authorizing the Modification of Codified Section 150.01 Pertaining to the Vacation of Village Streets, Alleys, and Right-of-Ways.

First Reading: An Ordinance Amending Chapter 90 Concerning the Keeping of Chickens and Other Fowl.

First Reading: An Ordinance Amending Chapter 90.16 Concerning Vicious Dogs & Repeal Chapter 90.18.

First Reading: An Ordinance Authorizing a Contract w/Attorney G. Ian Crawford for Village Prosecutor Services.

MUNICIPAL DEPARTMENTS:

Fire Department: Chief Chris Colucy

There have been 481 calls so far this year.

There will be a meeting on September 27^th for the Marc’s System.  Departments with coverage of under 25,000 people are eligible for a grant up to $50,000.  Brewster Fire Department will then apply with Perry for a joint FMA grant.

The junk car parked in the old Sturm’s lot with be used for training this Saturday.  The police were not aware of the training and ticketed the car.  The ticket was canceled.

Lifeline will have another demo ambulance here on Tuesday at 6:00pm.  The salesman stated the quote will go up $1,500 at the end of the month.  Councilman Hilliard asked if we order the ambulance, when do we have to pay for it.  Chief Colucy stated you put some down and pay the rest when it is delivered.  Councilman Hilliard asked if there has been any discussion about the township getting money from the pipeline.  No one knows for sure anything about the pipeline.  Councilman Hawk asked if the Fire Department could live with a Dodge chassis.  They have a Cummins engine that is a far superior engine.  Chief Colucy stated the department prefers an Allison transmission with a Cummins Diesel and doesn’t know if a Dodge would have that transmission.   

Police Department: Chief Keith Creter

There have been 695 calls so far this year.  The security checks for vacations are down but the other calls are up.

Receiving quotes for a Proposal for the purchase of Officers’ weapons by Police Department.  They are looking at Glock 9mil’s.  This will eliminate the need to purchase all the different kinds of ammo and everything would be interchangeable.  The Chief wants to start with the five fulltime officers with the understanding that Brewster owns the guns.

PD updates on training: Use of Force training was added to the state’s training requirement this year.  It included 1 hour of classroom and 3 hours of hands-on training.  Next year it will be increased to a total of 8 hours.  The department received $1,980 in grant money towards the training this year and expects it to increase next year.    The state is encouraging using dialog and hands on instead of Tasers.  Councilman Mackey stated he heard that the state was reducing the hours required to obtain a CCW.  Councilman would like to see an increase in the civilian training increased.

Monthly Financial Statement to Council - $ 100.00 in Court Fines received.

Brewster will be part of the OVI Task Force.  Our officers will be assisting in different locations and their wages are then reimbursed on a monthly basis.

The firing range has been completed and the officers have been through their first qualification.  The second qualification will be soon.  Chief Creter stated the nice part about having your own range is you can set up different scenarios for the qualifications.  The department will also be using one of Brewster Cheese’s vacant houses to train.

Officer Truman and Captain Taylor each received a Life Saving Award for saving a resident’s life while on duty.  They will have a red and white pin on their uniforms.

The department has a Safety Zone sign in front of the station.  This is a safe place for residents to make safe exchanges such as Craig’s List purchases and other similar exchanges.

“Fill the Safety Vehicle” will be October 7^th from 10am – 2pm.  The safety vehicles will be parked in front of Belloni Foods to except donation of food and other non-perishables for the Fairless Food Cupboard.  Those that miss this donation drive may also drop off goods at Village Hall.

Councilman Hilliard stated the department was doing a great job with the warnings and citations for speeding along with directing the traffic after the football games.  Chief Creter stated that an officer was almost struck after the last game and is asking people to be aware that they are out there with the flashing lights and to be vigilant of their surroundings.   Councilman Hilliard offered to see that an announcement is made during the game.

“Take Back Drug Day” will be September 23^rd from 10am – 2pm.  Bring your leftover prescriptions and dispose of them properly.  Councilman Tharp asked that the pills be removed from the bottles and that the bottles be recycled.  Most of the weight of the turned in materials is the containers and they get to be heavy.

VILLAGE SOLICITOR:Attorney John Anthony

Ohio Public Employees Consortium-HC: There was mediation on August 31^st that was continued until December 19^th.  The parties are still far apart.  Solicitor Anthony expects things to be stable until the end of the year then there will be 12-18 months of heavy litigation.

Solicitor Anthony discussed the ordinance limiting farm animals in the Village.  He wished to reiterate that it is based on police powers for nuisance and health issues and are limited by “grandfathering”.  The sample ordinance as he has written, states there is a limit of six animals per category.

COMMUNICATIONS:

Ohio Division of Liquor Control: Review of application for C1 & C2 Liquor Permit by Family Dollar at 267 Wabash N; Chief Creter has reviewed and found no concerns: C1 for Beer carryout & C2 for Wine & mixed beverages carryout.

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

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to go into executive session discuss economic development specifically for an application for economic development assistance and information related to the applicant’s marketing plans, specific business strategy, production techniques, trade secrets, or personal financial statements at 8:41pm.  The vote: All yes.  The Mayor, Solicitor, and all Councilmen left the room.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to exit executive session at 8:48pm.  The vote: All yes.  No action was taken.                                                                              

VILLAGE ADMINISTRATOR: Mike Miller (on vacation)

Administrator’s report for period 8/22/2017 thru 9/5/2017:

• Paving. After reviewing the fund balance in the Street Improvement Fund, including what has been spent for crack sealing and patching, Street Superintendent Rick Patterson and I have reviewed the street inventory (pavement condition ratings) and determined that we will attempt to do some paving this year. We are still getting prices for paving. Based on the prices we receive, we will be able to determine how much we can address yet this year, but we plan to pave Needham from Wabash to McKinley, Tuscarawas from Harmon to Chestnut (to include intersections) and Jackson from Barber to Harmon.
• Sidewalks – Trip Hazards. We have a quote from SafeSidewalks, who has done work in the Village previously. The proposal eliminates trip hazards on Wabash from 7th to the underpass, as well as on 2nd Street by Bimeler Park, and the sidewalks at the Police Station. There are a total of 66 locations addressed. The quote is for $5,859, which fits within our budget. It leaves funds to address some of our sidewalks that have been lifted by Village trees and need to be replaced as well.
• Sidewalks – Replacement. We are still in the process of obtaining quotes to replace various sections of sidewalk that were “displaced” or broken by trees planted between the sidewalk and curb and that cannot be addressed by “offset” grinding. Once the quotes are received, we will proceed to address the worst first within the current budget.
• Trees. We have awarded a contract for the removal of thirteen (13) additional trees that are hazardous to the low bidder, Haymaker Tree and Lawn. I have sent out courtesy notifications to the adjoining property owners (unless they initiated the process), and expect that actual removal will begin in early September.
• Columbia Gas. Columbia Gas is STILL working on their gas main and connections on North Wabash. The good news is that an OUPS request just came through for sidewalk repair – hopefully the sidewalks that have been torn up during this process will be replaced in the near future.
• Water Department Back-Up Generator. Wood Electric has moved the back-up generator to the Water Treatment Plant. Wood Electric continues to work on conduit, wiring, and other work to get it tied in and operational.
• Water. The Water Department, along with the WWTP and Street Department personnel replaced the water line on 7^th Street SE between Dartmouth and Amherst. This is the last section of water line on 7^th that needed replaced/updated.
• South Water Tower (and potentially Solar Field) Access. Work continues as our scheduling allows to complete the improvement of the access lane to the South Water Tower (and proposed solar facility).
• OPWC Applications. Work continues to be done to assemble and/or create all documentation needed for OPWC applications.

I have project names on the applications. They are:

• Brewster North Water Tower Safety Improvements and Rehabilitation
• 7^th Street Improvement and Paving

The names are a way to emphasize elements of the projects, to attempt to garner more points and hopefully be successful in obtaining funding.

I would like Council to amend the ordinances authorizing submission of the projects to match the foregoing names.

I am requesting 49% funding for each project, with the Village share at 51%. This maximizes our point total in the category (10 points).

The 7th Street Improvement and Paving Project will include all of 7th Street, from Navarre Rd (east end of project) to the Stark County Bridge at the west corporate limits of the Village, approximately 5000 lineal feet total. The cost estimate is $205,000. There is a contingency of $20,500 (10%). The Village share is $116,025 (51%), and the OPWC request is for $111,475 (49%). The 7th Street Improvement and Paving project will minimize grinding, limiting it to those portions that must match or have existing curbing. This will build up the road to allow for a thicker profile, which will better support more traffic and heavier loads.

The North Water Tower Safety Improvements and Rehabilitation Project will be a total projected cost of $213,543, of which the Village’s share is $108,913 (51%) and the OPWC request is for $104,630 (49%). This includes a contingency of $15,000, and construction inspection of $16,143.

• Electric Purchases.  We are awaiting the remainder purchase for 2022-2024 to be finalized. This would extend what we did last year with a remainder purchase from BP Remaining Requirements (2017-2021) at a net for the remainder of $32.91 / MWh. We had a price which was approved, but the company is delaying final approval on their end.
• Muskingum/Harmon area Water Pressure. The Village has received some complaints about low water pressure in the Muskingum/Harmon area. As you are also all aware, the Village had a study done in 2013 by Hazen and Sawyer to address the same complaints about low water pressure. Hazen and Sawyer’s conclusions at that time were:

Based on the data collected at the three locations between August 27^th and September 6^th, the Village of Brewster met all the requirements for meeting minimum pressures on the public water mains within the distribution system.

We do not believe that the Village of Brewster should modify the operation of the existing distribution system to achieve higher pressures in the area of Muskingum Avenue.

The concerns and complaints continue to persist. So, I have been looking for ways to further document what is happening and what ways the residents and/or Village might be able to address the problem.

One option I propose is to hire a plumber to accompany our Water Department employees to houses with complaints of low water pressure, as an “independent” third party to take pressure readings and examine the resident’s internal distribution system. 

Some things that I have found out in talking to plumbers are:

• That what is being referred to as a “pressure” issue is in many cases a “flow” issue, based on observations. In one residence, the plumbing coming to and out of the water meter was ¾ inch, but branched off (and up into the house) by ½ inch piping. That reduces flow (think about filling a gallon jug with a ½ inch hose and a ¾ inch hose at the same pressure – the ½ inch takes longer because there is less flow. In addition, one of the newer houses in the area (at one of the highest points) which has ALL ¾ inch piping has no issues with “pressure” or flow.
• Gate or globe valves that are installed in homes for water turn off could be restricting flow and/or pressure.
• Plumbing through fixtures, such as a water softener (even when properly plumbed) can reduce pressure by a couple of pounds (psi), and could reduce flow.
• Plumbing through hot water tank could also reduce pressure and/or flow, especially if there is sediment build up.
• New shower heads and faucets have restrictor devices in them to reduce water use, but also reduce water pressure and/or flow.

I have a plumber that is willing to go into residents’ homes that are concerned with low water pressure (could be flow) to help further diagnose the issues that can affect water pressure and/or flow. The steps would be:

• Have the plumber go into the home with personnel from the Water Department
• Remove water meter and test pressure and flow at the meter (restriction in residents’ supply line and control for residence)
• Check gate or globe valves that are installed in homes for water turn off to see if they could be restricting flow and/or pressure
• Bypass water softeners and/or hot water tanks to see if pressure/flow is affected
• Check for pressure and flow out of the hot water tank (i.e. sediment, etc.)
• Assess the distribution system to see if other items could reduce pressure or flow, such as downsized water lines, mineral deposits from softening, or mineral deposits from water heaters, or others items

The cost would be $130 for the plumber for the first hour, and an addition $70 for each hour beyond the first. There would also be a “cost” for Village personnel.

So, if we take the foregoing approach to help address low water pressure concerns, there are some issues Council needs to provide direction on.

• Cost Sharing? - I would recommend that we have no charge for Village personnel, but that we charge some portion of our out-of-pocket cost for the plumber. While I believe that it is the Village’s duty to address customer complaints, in this instance I also feel that in deference to our other customers the Village paying the full amount isn’t fair to them.
• Limit “testing” to an area and/or number of customers? – does the Village restrict this approach to just the area of Muskingum/Harmon (and the neighboring streets of Scioto and Tuscarawas), or does it open up the “service” Village wide?
• Limit “testing” to a specific preliminary PSI? - Similarly, does the Village restrict the service to a pre-set PSI? 40 PSI or below? 50 PSI or below?
• What to do with results? – Because we know that the hydrant pressures exceed 35 psi, we assume that every residence will also exceed 35 psi, the level at which EPA requires the Village water system to function. So the questions also need to be answered:

1. What if all the resident’s internal pressures exceed 35 psi (and they still aren’t satisfied)?
2. What if one (1) or some of the resident’s internal pressures do NOT exceed 35 psi?

Hazen & Sawyer noted in their report that there is no ready system fix. Increasing the pressure system wide could raise pressures for the neighborhood, but would also raise pressure system wide, so that in other areas we could break other resident’s plumbing and we would likely have more water main breaks. And, as previously noted, a rise in pressure will not solve the problems where residents have internal flow issues. 

     I would respectfully request that Council provide direction on how it wishes to

     proceed, and in doing so address the above questions.

• Mosquito Spraying. We will continue spraying for mosquitos on Wednesdays or Thursdays, weather permitting.

Councilman Hilliard stated there are 4 poles on McKinley with no wires that need to be removed.  He brought up the pole installed on South Wabash to put the speed reader sign on.  He stated it would be better to put on a secured trailer.  Chief Creter stated that he has spoken to Supt Patterson and he is going to make a trailer for the speed reader sign as a winter project.

Councilman Tharp stated that the VA was looking for an answer concerning the water pressure issues.  Councilman Mackey stated that the plans listed above sound good and to allow him to do what he proposed.  Mayor Schwab stated if anyone had any questions to contact VA Miller when he returned on Thursday from vacation.

VILLAGE MAYOR: Mike Schwab
Schedule a Fire/EMS Committee Meeting for Monday, September 11 at 6:30 pm.  Presented a proposal to replace the 2003 Ford Horton Ambulance.

Request an Insurance Committee Meeting prior to the September 18th Council Meeting to review the liability insurance proposals received from area insurance agencies.

Postmaster contact: Inquired about changing Navarre mailing addresses in corporation to Brewster.  The only changes would be the city and zip.  This would affect 4 addresses on South Wabash, 6 or 7 on Navarre Road, and 29 on Elton St.  The Mayor would like permission to contact the Address Management Specialist-Mr. Brewer.

Legislation for Kennels, Animal Shelters, and Animal Rescue facilities; suggest review of a screening component under Zoning (Handout) proposed zoning component requires review by Village Planning Commission.

Meeting scheduled with Ohio Billing to review contracting with a collection agency on Tuesday the 12^th at 10am.

VILLAGE CLERK-TREASURER: Kris King  

Met with three Insurance Agents to provide information for the renewal of Village Liability Insurance.  Two traditional agencies and a consortium endorsed by the Ohio Municipal League.

August Financial & Year to Date Report. 

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

Council consideration: Schedule trick-or-treat in Brewster.

American Legal Publishing Village Codified Updates to be inserted in Code of Ordinances Manuals. 

PENDING PROPOSALS FROM PAST MEETINGS:

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

OLD or NEW BUSINESS: (Council Rules dictate a one meeting review period for expenditures, unless deemed an emergency)            

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to instruct the Mayor to contact Mr. Brewer, the Address Management Specialist with the US Postal Service, to take steps to change the city and zip to Brewster, OH 44613 on all Village residents and businesses.  The vote: All yes.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to schedule a Fire/EMS Committee meeting and invite all of Council and interested parties on September 11^th at 6:30pm.  The vote: All yes.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to schedule an Insurance Committee meeting on September 18^th at 6:30pm.  The vote: All yes.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to schedule Trick-or-Treat on Tuesday, October 31^st from 6:00 to 7:30pm with a rain date of November 1^st same time.  The vote: All yes.

VILLAGE SPEAKS:
Councilman Godwin was asked by Principal Chambliss if the Village could put asphalt in the drive approach to the high school.

COUNCIL MEMBER THARP MOVED to approve the purchase of an ambulance and accepting the donation of half the cost of the motor and allowing the clerk to come up with a plan to pay the difference over a five-year period.  The Mayor asked that this wait until after the September 11^th meeting.  Chief Colucy stated the proposed $180,000 from the Village Funds was not enough and that he needed a minimum of $199,000.  Councilman Tharp rescinded his motion and asked the Clerk to provide an option of where the money would come from.

AUDIENCE TIME:

Ray Heitger asked to use the Firemen’s pavilion for the children’s Halloween Party after Trick-or-Treat.  Chief Colucy said yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to adjourn the meeting at 9:25 p.m.

Respectfully submitted,

Kris King, Clerk-Treasurer

Mike Schwab, Mayor