March 6, 2017 - Meeting Minutes
Brewster Village Council met in regular session with Mayor Mike Schwab presiding.
7:00 P.M. – CALL TO ORDER
Council Members bowed their heads for the invocation provided by Clerk-Treasurer
Kris King followed by the Pledge of Allegiance.
MEMBERS PRESENT:
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
VILLAGE OFFICIALS/EMPLOYEES PRESENT:
Kris King, Clerk-Treasurer Mike Miller, Village Administrator (VA)
Jim Spivey, Village Technician Chris Colucy, Fire Chief (Arrived at 8:13pm)
MINUTES FROM THE FEBRUARY 21, 2017 REGULAR COUNCIL MEETING:
Mayor Mike Schwab asked if there were any additions or deletions to the February 21, 2017 Council meeting minutes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY 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 $ 50,886.01. The vote: All yes.
AUDIENCE:
Ray Heitger, Jenny Spivey, Cindy Mackey, a man identifying himself as John Q. Public, and Louie Carroll (7:25pm).
CONSIDERATION OF ORDINANCES: Titles of each read by Solicitor John Anthony
ORDINANCE 07-2017: An Ordinance Authorizing the Adoption of an Employee 4.10 Administrative Leave with Pay Policy and Its Addition to the Employee Handbook was given a third reading.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to pass the ordinance as presented. The vote: All yes.
ORDINANCE 08-2017: An Ordinance Authorizing the Adoption of an Employee 6.03 Drug Free Workplace Policy and Its Addition to the Employee Handbook was given a third reading.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to pass the ordinance as presented. The vote: All yes.
ORDINANCE 09-2017: An Ordinance Authorizing the Adoption of an Employee 6.06 Sexual Harassment & Harassment Policy and Its Addition to the Employee Handbook was given a third reading.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to pass the ordinance as presented. The vote: All yes.
ORDINANCE 10-2017: An Ordinance Authorizing the Adoption of an Employee 6.07 ADA Employment Policy and Its Addition to the Employee Handbook was given a third reading.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to pass the ordinance as presented. The vote: All yes.
ORDINANCE 11-2017: An Ordinance Authorizing the Adoption of an Employee 7.15 Fitness for Duty Policy and Its Addition to the Employee Handbook was given a third reading.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HIILIARD and motion carried to pass the ordinance as presented. The vote: All yes.
ORDINANCE 12-2017: An Ordinance Authorizing the Adoption of an Employee 9.08 Voluntary Disability Separation and Its Addition to the Employee Handbook was given third reading.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to pass the ordinance as presented. The vote: All yes.
ORDINANCE 13-2017: An Ordinance Authorizing the Adoption of an Employee 9.09 Involuntary Disability Separation Policy and Its Addition to the Employee Handbook was given a third reading.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to pass the ordinance as presented. The vote: All yes.
Second Reading: An Ordinance Adopting the 2017 Permanent Appropriations.
Second Reading: An Ordinance Authorizing the Vacation of Wandle Court Alley.
Second Reading: An Ordinance Authorizing the Prohibition of Medical Marijuana in the Village of Brewster.
Second Reading: An Ordinance Authorizing the Purchase of a 2017 Ford Explorer Police Interceptor for the Village Police Department.
First Reading: An Ordinance Authorizing the Adoption of an Employee Jury Duty and Witness Leave Policy and Its Addition to the Employee Handbook.
First Reading: An Ordinance Authorizing the Adoption of an Employee Voting and Precinct Election Official Leave Policy and Its Addition to the Employee Handbook.
First Reading: An Ordinance Authorizing the Adoption of an Employee Bereavement Pay Policy and Its Addition to the Employee Handbook.
First Reading: An Ordinance Authorizing the Adoption of an Employee Employment Categories Policy and Its Addition to the Employee Handbook. Councilman Godwin asked VA Miller to explain this policy further. VA Miller stated it defined the different employee categories such as fulltime, part-time, seasonal, exempt vs. non-exempt.
MUNICIPAL DEPARTMENTS:
Fire Department: Chief Chris Colucy
Chief Colucy had contacted Clerk King via text during the meeting to say he would not be arriving until 7:30pm.
Police Department: Chief Keith Creter (excused)
The Chief had provided the Council Members with an electronic version of the February Activity Report.
Councilman Tharp asked the Clerk if the Police Department was using any of the income tax money yet. Clerk King stated that about $ 5,000 had been collected so far and she suggests waiting until there was about $ 25,000 before drawing out of the Police Income Tax Fund.
VILLAGE SOLICITOR:Attorney John Anthony
Solicitor Anthony provided an electronic draft of the Wireless Communication/Right of Way ordinance specific to the Village of Brewster to the VA, Clerk, and Mayor for comment.
Solicitor Anthony discussed the school property agreement briefly.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried that Council, Solicitor, and Mayor 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. Those listed left the room at 7:14pm.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to exit Executive Session at 7:22pm. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried that Council reject the most recent proposal from Attorney Conley on behalf of the Walkers and we direct Attorney Beck to continue with Council’s previously stated position. The vote: All yes.
COMMUNICATIONS:
No Cost RCAP Training available: Utility Management & Sustainable Infrastructure (Council copy)
Letters from OWDA congratulating Brewster on the repayment of two loan from 1997. The loans of $ 503,606 & $ 85,610 were for the construction of an Eastside Sanitary line and Pump Station Improvements. The loans’ annual payment totaled $ 44,258.62.
Letter from AMP concerning a $ 21,067.29 settlement from the AMPGS project. VA needs permission to either accept it as a credit, have AMP hold it for future projects, or to have a check sent to the Village. VA Miller recommends having a check sent to the Village.
VILLAGE ADMINISTRATOR: Mike Miller
Administrator’s report for period 2/22/2017 thru 3/6/2017:
- I spoke to Todd Paulus, Unit Manager & Public Health Sanitarian for the Stark County Health Department and James Troike, Sanitary Engineer for the Stark County Engineering Department regarding the NEFCO Report on failing septic systems, including those in Justus and Harmon. I confirmed that the while the NEFCO Report proposed connecting the homes in Justus and Harmon to the Village of Brewster’s WWTP in the future, absent an “emergency” or funding coming available sooner, connection is not anticipated for some time.
However, I discussed the possibility of reaching an agreement with the Stark County Metropolitan Sewer District to establish the terms for any future connections of residences outside the Village now, so that that issue is resolved before an “emergency” or funding becomes available to avoid a rushed process. An agreement could be similar to that the Stark County Metropolitan Sewer District already has in place with Navarre, Canton, Massillon, and Alliance. This would allow us to have an established process to deal with individuals that approach the Village with failing septic systems that avoids current Village residents from potentially subsidizing new customers.
The Stark County Metropolitan Sewer District has forwarded a copy of their agreement with the Village of Navarre for us to review. Once it has been reviewed, we will get a draft together to present to Council for you to consider in the next month or so.
- I met with MCTV regarding establishing free Wi-Fi hotspots in the Village. Hotspots have been established at: Village Hall – Council Chambers and in the Fire Department Meeting Room. We anticipate within the next week or so that hotspots will be established in Bimeler Park behind the Police Station and Sabo Park next to the Electric Department. MCTV will be delivering information we can put out at Village Hall letting residents know how to access the hotspots.
- I represented the Village of Brewster at the annual meeting of Stark County Health Department District Advisory Council Thursday March 2, 2017. A copy of their annual report is in the front lobby. I have additional information in my office if any Council member wishes to review it.
- The Village has been presented with a draft agreement by the Stark County Engineer for the paving of Elton Street this summer. It also includes an agreement for long term maintenance after Elton is paved. I recommend that Council begin the legislative process. We have received ½ of the Village’s share in the form of an MRF grant last year. We applied for the other half in the form of another MRF grant this year. So, we can address our funding “gap” by either confirming that we have received the Village’s request for MRF funding for the rest of the Village’s share before it is passed or adding a contingency that our signing the agreement is contingent upon getting a 2017 MRF grant.
- I have a few items that no longer needed for Municipal use that I need Council authority to dispose of. The first are the street lights we are taking down on Wabash and replacing with LEDs. The old sodium lights we are taking down that have no value to us, have no reusable parts, and are only worth $1.30 to $1.70 each as scrap. We have approximately 30 lights now, and the $51 we could get is not worth the salary and fuel it would cost to load them and take them to be scrapped. Based on that assessment, we would normally put the used lights in our dumpster. We have contacted Beach City, which could use the lights. They are willing to pay $2 per light.
The second items that no longer needed for Municipal use are cell phones that have no value, most of which I inherited in a cabinet when I arrived.
Pursuant to the authority of Ohio Revised Code Section (C)
If the legislative authority of the municipal corporation determines that municipal personal property is not needed for public use, or is obsolete or unfit for the use for which it was acquired, and that the property has no value, the legislative authority may discard or salvage that property.
It is my recommendation that rather than sell the lights to Beach City for $60 (where otherwise they would be discarded) that we donate them.
Similarly, the cell phones that have no value I would like Council’s authorize be donated to a battered women’s shelter.
I have been talking with Law Director Anthony, and it is my opinion that the Village adopt a more comprehensive policy on disposal of Village items that are no longer needed for Municipal use. We have been working on a draft. Unless Council’s objects, I would like to finish the draft and present it to Council.
- We have advertised for a Village Technician to work in the Street Department, taking the place of Jim Spivey, who is moving to the Water Department. Deadline for submission of applications is March 17, 2017.
- We have advertised for a seasonal part-time Grounds Maintenance Technician to replace Tim Stith, who retired. Deadline for submission of applications is March 17, 2017.
- Our Electric Department continues with replacing existing high pressure sodium lighting street lights on Wabash from First Street north to the corporation limits with LED lighting.
- We have completed the drainage improvement project on 7th Street SE from Dartmouth to the east, adding additional catch basins and lowering the storm line. We will restore the landscaping when weather permits.
- Wood Electric is progressing to move the WWTP back-up generator to the Water Treatment Plant. A Notice of Commencement was filed Wednesday March 1, 2017. GPD is assisting in the oversight of the work. I will keep Council informed as to the progress.
- Based on the memo I sent Council, I would like authorization to purchase a Kobelco 80CS excavator with a dozer blade, a 24-inch excavating bucket, and a 48-inch bucket for $46,000.
VA Miller stated there was a sewer backup in the Village’s line. The Village has sovereign immunity but does moral obligation override that? There was $230 in personal property damage, $800 carpet, and a $2,000 sanitation bill. Councilman Hilliard said we need to consider the line and the VA stated the line will camera this area along with other lines as part of our capital plan. Councilman Godwin stated that Holderbaum jetted the line out from below where the problem occurred.
Councilman Tharp asked if the job descriptions are finished being as we are advertising for two positions. VA Miller stated that some are complete and they all will be by the time the annual evaluations are complete. Mayor stated the evaluations are due by May 15th.
Councilman Tharp asked how much longer we were renting the excavator and what projects we planned to use it for. VA Miller stated the lane to the south water tower and solar field, hydrant on East 5th Street, more stump removals, and it will be needed when the hydrant exercising program begins. He also stated that the Village has paid just under $15,000 in excavator rentals in the last 4 years. It is rented by the month at a cost of $4,100 and our rental fees paid up to when we return it can be credited to the purchase price if we choose to buy it. Councilman Tharp then asked about the age of the min-excavator. It is a 2010 with about 5000 hours on it. Jim Spivey stated they are good for about 10,000 hours but Councilman Godwin stated that it could then be refurbished.
Councilman Fox asked if our sewer plant had the capacity to handle Justus and Harmon being added. VA Miller stated he felt it could but would be investigating it further. He also stated that we are looking 15 to 20 years down the road for this to happen.
Councilman Fox asked if the LED street lights were going to be placed in the neighborhoods after Wabash Ave was completed. VA Miller stated that since the technology changes so quickly, we would be doing it gradually so as not to get to the point too quickly that we have problems getting replacement parts.
Councilman Tharp asked what the annual maintenance would be on the excavator. Jim Spivey stated it would cost about $500 a year.
VILLAGE MAYOR: Mike Schwab
1. AMP SOLAR PROJECT
- VA and Mayor met with three representatives of NextEra, an AMP engineer, three representatives of the Army Corp, and Supt. Bidlack on Tuesday of last week to review the logistics of the proposed Solar Field installation and land acquisition.
- Discussed sequence:
1. Village purchases the Fairless 1.52 acres and records an easement for Fairless with County
2. Village secures two easements from Army Corp - One for the access lane and the other for electric line across Army Corp Levee
3. AMP buys Miller property in Brewster’s name & adjoins it to the Fairless 1.52 acres and the new access lane/solar field property w/County as one parcel
4. Brewster leases the solar field site to NextEra
5. Village rebuilds the Access Road on Water Tower Lane and Army Corp Easement
6. NextEra builds Solar Field, secures the field w/fencing, and maintains the installation
7. Village connects Solar Field to AMP Grid via Brewster grid
8. Brewster subscribes to up to 4 MW of Solar power from AMP
- To accomplish the above:
1. Solicitor Anthony has submitted a redrafted Fairless Purchase Agreement to Fairless’s Attorney for review. Current Agreement language concerning purchase cost =
PAYMENT: The consideration for this agreement is as follows: After the closing of this transaction the Purchaser, at Purchaser’s expense, shall make improvements to the lane which provides access to the Fairless softball field and the Village Water Tower, shall install certain drainage piping and catch basins adjacent to the lane, and complete related work. Superintendent Patterson estimates around $24,000. Mayor Schwab stated there may also be other incidentals but doesn’t expect it to go over $30,000.
2. The Surveyor used for the initial survey will be employed to provide a separate plat and legal description for the Fairless property purchase, drawing and legal description for an easement for Fairless on the purchased Access Lane property and a drawing and legal description for and easement to provide access across the Army Corp property
3. Legislation for the finalized Fairless agreement and easement approved by Council will be needed
4. Village Council to approve legislation accepting the Army Corp easement agreement(s)
5. NextEra/AMP will complete purchase of Miller property in Brewster’s name
6. Village Council to approve legislation accepting that property from NextEra/AMP
7. Village Council to approve legislation approving a lease agreement with NextEra for the solar Field
8. Village crews rebuild access lane including that on Army Corp Easement and install drainage piping and catch basins. Two Electric conduits installed during construction for current and future use
9. And so forth
Timeline:
1. Complete Surveying - As soon as possible
2. Complete purchase of properties - this Spring
3. Rebuild Fairless Access Lane/Drainage & Build Access Lane across Corp property – Early Summer (4 weeks)
4. Install Solar Field (NextEra) - Late Summer, Early Fall (4 to 6 weeks)
2. After review of the proposed rental of the former Sturm’s property owned by the Village to Greg Ziegler for a private function, it is recommended that the Village not rent this property in 2017. Starting this could open the Village for other rentals that the Village would not want to be involved with.
Councilman Hilliard asked who would do the maintenance on the Solar Field. VA Miller stated that NextEra through AMP would perform maintenance for 25 years then the field would be evaluated and it would be either upgraded or dismantled.
Councilman Tharp asked if the Village employees would be trained on the maintenance of the Solar Field and it was stated NextEra would do all maintenance.
VILLAGE CLERK-TREASURER:Kris King
February Financial and Year-to-Date Reports.
State Reports are complete.
Councilman Tharp asked about the timeline for Ohio Checkbook and offered to help in any way he could. Clerk King said to come in Wednesday at 10am.
REMINDERS:
March 16th at 7 pm - Planning Commission Hearing
March 20th at 6:45 pm - Brewster Council Hearing: Prohibit Medical Marijuana
March 28th at 7 pm – Crime Watch meeting at FHS conducted by County Prosecutor Office
March 30th at 8 pm – Rover Pipe Line Reps will make a presentation at FD
PENDING PROPOSALS FROM PAST MEETINGS:
Council appointment of two members of the Village Board of Income Tax Review:
Joseph Voyk of 166 Fifth Street W has volunteered to serve
The City of Canton has provided a Sample of a Resolution that they have adopted that opposes the Ohio Governor’s proposedcentralized collection for municipal Business Tax filings. The State would accept the tax returns, audit the returns, collect any due taxes, and distribute the taxes, all for a 1% administrative fee.
OLD or NEW BUSINESS: (Council Rules dictate a one meeting review period for expenditures, unless deemed an emergency)
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to draw up an ordinance to create a handicap parking space in front of 771 McKinley Avenue. The vote: Hawk, yes; Hilliard, abstain; Mackey, yes; Tharp, yes; Fox, yes; Godwin, yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to donate the old sodium street lights to Beach City. Council Member Godwin asked if they were going to use them or scrap them. VA Miller stated he understood they wanted to use them. He also stated it would cost more in gas and manpower to scrap them than it would profit them. Scrap worth is only about $60. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to authorize the VA to sign the AMPGS agreement designating that the money be sent back to the Village. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to donate old cell phones to the Battered Women’s Shelter. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to create legislation for the pavement of East Elton contingent on the Village being awarded for the Municipal Road Fund grant. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to appoint Joseph Voyt to the Village Board of Income Tax Review for a two-year term. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX to rent the mini-excavator for an additional month for street and utility projects. There was a lengthy discussion on the differences between the mini-excavator and a backhoe. COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to amend the initial motion to allow the VA to purchase the excavator if he chooses during this rental period. The vote: All yes. The vote on the motion as amended: All yes.
Fire Department:
Chief Colucy reported that the cancer legislation has passed and certain types of cancer contracted by firefighters will now be covered by worker’s compensation.
There have been 99 calls so far in 2017.
“VILLAGE SPEAKS”:
AUDIENCE COMMENTS:
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to adjourn the meeting at 8:18 p.m.
Respectfully submitted,
Kris King, Village Clerk-Treasurer
Mike Schwab, Mayor