August 1, 2016 - Meeting Minutes

MINUTES
BREWSTER VILLAGE COUNCIL
August 1, 2016
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
Dale Fox, Council Member                   Chuck Hawk, Council Member            
Tom Hilliard, Council Member             Paul Mackey, Council Member
Steve Tharp, Jr., Council Member                    
 
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to excuse Councilman Godwin.  Councilman Mackey asked the clerk to look up how many meetings Councilman Godwin has missed.  The vote: All yes. 
 
VILLAGE OFFICIALS/EMPLOYEES PRESENT:
Kris King, Clerk-Treasurer                    Chris Colucy, Fire Chief          
John Anthony, Village Solicitor             Keith Creter, Police Captain
Ryan Swan, Electric Lineman
 
MINUTES FROM THE JULY 18, 2016 REGULAR COUNCIL MEETING:
Mayor Mike Schwab asked if there were any additions or deletions to the July 18, 2016 Council meeting minutes. 
 
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to accept the minutes as presented.  The vote: All yes. 
 
MINUTES FROM THE JULY 22, 2016 SPECIAL COUNCIL MEETING:
Mayor Mike Schwab asked if there were any additions or deletions to the July 22, 2016 Special Council meeting minutes. 
 
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to accept the minutes as presented.  The vote: All yes.  
 
PRESENTATION OF BILLS:
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to accept the August 1, 2016 bills in the amount of $ 89,434.63.  The vote: All yes.
 
AUDIENCE:
Ray Heitger, 317 E. Seventh St, asked that Council start to consider when to hold trick-or-treat.  He would like someone to check with other communities to see when they are holding their Halloween events.  He stated that Halloween falls on a Monday this year.
 
Audience in attendance: Ray Heitger, Matthew Fowler, Kathy Fowler, and Cindy Mackey.
 
CONSIDERATION OF ORDINANCES:
Ordinance 25-2016: An ordinance authorizing three change orders for the McKinley Avenue Electric Distribution Line Project.  The change orders amount to $ 12,653 with a total of $ 6,200 for weekend work to accommodate two local business’s schedule.
 
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to pass the ordinance as read.  The vote: All yes.
 
Second Reading:  An ordinance authorizing the modification of water usage fees and charges.
 
Second Reading: An ordinance authorizing a Gas Aggregation Program Agreement with Volunteer Energy Services, Inc. (October 1, 2016 – September 30, 2017) (7% less than Columbia Gas SCO Adder).
 
Second Reading: An ordinance authorizing the restricted parking on McKinley Avenue from West Second to Bimeler Park entrance.
 
Ordinance 25-2016: An Ordinance adopting the 2016 Supplement of the Village Code of Ordinances and declaring an emergency was given first reading.
 
COUNCIL MEMBER FOX 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.
 
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to pass the ordinance as presented.  The vote: All yes.
 
MUNICIPAL DEPARTMENTS:
FIRE DEPARTMENT: Chief Chris Colucy
Chief Colucy is requesting Scott Borojevich complete the Fire Inspector training with him.  It is a six-week online course followed by five days at Bowling Green to complete the course.  The cost is $525.00 for the class, the cost of a book, and a five-day hotel stay.  The registration fee is due on August 19th with class starting on August 29th.  Councilman Tharp stated that once this is completed, it should be publicized.  Councilman Mackey asked how many calls the department received this year for a fire inspector.  Chief Colucy said there are anywhere between 10 and fifteen.  He then will contact someone from another department to contact the requestor and schedule the inspection.  Councilman Hilliard stated that if we don’t have one now and it doesn’t cost anything to have them done, why would we want to pay for two people to go to the training.  Councilman Hawk felt it would be good public relations and would help our department know the structures where they could be fighting a fire.
 
Brewster Fire Department did not receive the state grant of $100,000 to be used for a new ambulance.  As part of their contract, Gatchell Grant Writing will write another grant for the ambulance next year.  The Chief stated that over 800 departments applied for a $100,000 grant.
 
The department has starting hose testing and will be requesting new hose once the testing is complete.  They have discovered some hose damage that will not be able to be repaired.
 
POLICE DEPARTMENT:(Chief Harry Porter on Leave)-Captain Keith Creter
Recently appointed Part Time Officer Candidate Joey Lorenzo completed successful physical/drug tests and was sworn in on July 22, 2016.  He has already started his training phase.
 
The Police Department is currently vetting two additional part time officer candidates and should have recommendations for Council at the next meeting.  The PD recently lost 2 PT officers to full time positions with area PDs.
 
Recent Body Camera presentation by a vendor (Watch Guard); $ 900 to $ 1200 each; 2017 Budget.  Captain Creter stated the camera resolution is great and they will be worn at all times when an officer is on duty. They hold their charge for nine hours.  They will need three of them.  The department will be applying for a grant for three new car cameras.
 
July Activity Report - 502 calls.  2016 total call to date – 3279.
 
GUESTS:
Matthew Fowler attended this evening’s meeting to receive his Resolution of Appreciation for his attendance at Boy’s State.  Mayor Schwab presented the resolution to Matthew.
 
VILLAGE SOLICITOR:Attorney John Anthony
Solicitor Anthony discussed John Barkan’s correspondence concerning HR Consultation.
 
Solicitor Anthony reviewed the rules concerning Council’s participation in the promotion of the Income Tax Levy.  No Village funds can be expended.  Council members cannot operate as a promotional body but as individuals only.  This promotional body is a private organization and cannot use Village facilities.  It was also recommended not to operate during normal business hours.  There is an extensive section in the Ohio Revised Code covering this topic.  He also stated that Police Officers cannot wear their uniforms or go door to door during their shifts.  Councilman Tharp stated that no materials should be placed in residents’ mailboxes. 
 
COMMUNICATIONS:
Tim Ailes of Dawson Insurance has asked to be placed on Meeting Agenda on August 15th.
 
Stark RPC: CDBG Application Workshop on 08/31; VA Miller asked to attend.
 
Mercy Medical to open a StatCare facility in former Moose Building on Lincoln Way West; it is 6.6 miles from Brewster.
 
Stark County Sheriff: National Drive Sober or Get Pulled Over Campaign – 08/19 thru 09/05.
 
AMP 2015 Annual Reports for Council review.
 
Fairless Midget Football Association: Donation Request of $ 500.
 
Brewster Cheese has made application for the rezoning of parcels #7000247 & 7000248 on E. 7th; This requires Council referral to Village Planning Commission for their recommendation.
 
VILLAGE ADMINISTRATOR: Mike Miller
Day one in and he came back from lunch.
 
VA Miller spent most of day one reviewing over 500 emails to familiarize himself with what is going on in our Village.  He is reviewing the projects and looking over the utilities.  Mayor Schwab stated he has already gotten his feet wet with zoning.
 
VILLAGE MAYOR: Mike Schwab
  1.          Chip and Sealing of W. Elton Street
  • Village Street Department with the assistance of Sewer personnel have completed preparation for the chip and sealing by Melway Paving
  • County Engineer: Melway is slated to begin adjacent County work in next couple of weeks
           
  1.         Draft of Fire & EMS Five Year Plan – 2016 Edition (Council copy)
  • Provided by Fire Chief & Mayor
  • Request Council to please review and provide input for any desired modifications
Councilman Tharp asked about a figure on the plan which was the value of the current building - $971,782.  He stated that the upgrades were something that needed serious looking into.  The process needs to get started.  He wants to know what Chief Colucy wants, what is going to be needed to be in compliance, what safety equipment is needed, etc.  He wants to start the process of creating a fund to set money aside.  Chief Colucy stated if Council is serious then he can have the construction company sit down and go over all the “nuts and bolts”.  They can discuss doing it in phases and what is included in each phase.  Colucy also stated that $1.3 million dollars includes a contingency. 
 
  1.          Draft of Wastewater Five Year Plan – 2016 Edition (Council copy)
  • Provided by Supt. Maybaugh, Interim VA Klein, & Mayor        
  • Request Council to please review and provide input for any desired modifications
  • Quote & Plans from a local contractor for a 36’ x 56’ Storage Building is in the works
 
  1.         Employee Wage Structure Legislation Draft
  • Clemans & Nelson Attorney Drew Esposito reviewed the proposed Employee Wage Structure Draft and made several changes.   Council has a hard copy of Atty. Esposito’s modified draft
  • Does Council desire any additional information?
  • Electric Utility employees have requested a meeting with Council to review the Duty Week proposal contained in the proposed Employee Wage Structure legislation
Councilman Mackey asked if anything had been planned in response to the Electric Utility employees request.  Mayor Schwab stated he only received one response from Council Members.  Councilman Tharp stated he no problem with it.
 
  1.         Mayor’s July 18th Memo -  Employee Wage Adjustment
Intended to bridge the gap until the proposed wage process is approved. Cost of Living is at 2%.  VA Miller stated the 2% isn’t actually a cost of living but is based on location and the jobs being performed.  Council Hilliard stated he is “all for” the 2% but wants to know how much insurance is going to increase.  The insurance costs for 2017 will not be known until probably December.          
            
6.         Mayor’s July 18th Memo - Employment of a Fourth Village Technician
Intended to position the Water Department for near future licensed manpower needs.
         Does Council desire any additional information?  No comments were made.
 
7.         North Water Tower
A maintenance agreement with a local contractor is currently being reviewed by Poggemeyer engineering, Village Solicitor, Water Supt. Pepper, and Village administration.  If it proves to be a viable approach we will present it to Council for their review. It is a 10-year maintenance agreement.  Councilman Hilliard asked about the diver for the north tower that was discussed at an earlier meeting.  Mayor Schwab stated that was the original plan until this local contractor came into the picture.  Councilman Hilliard would like to have the tower looked at so the work can be done to the tower in the spring.
 
8.         Proposed Solar Project UPDATE:
  • Solicitor Anthony and Dwight Niederkofler have modified and prepared an Exclusive Development Agreement with American Renewable Energy for submittal
This agreement will provide concrete financial numbers from ARE for the Village to evaluate as to the benefits vs. costs of the proposed solar field.
 
  • Solicitor Anthony prepared an Option to Purchase Agreement that may be used to secure the two property purchases
These agreements will secure the Village rights to purchase the two properties during the ARE evaluation; without these agreements either or both property owners could back out & make any agreement with ARE worthless. 
Fairless Supt advised that BOE agreed to sale terms on 01/15/2016; Millers prior to that date
  • Does Council desire any additional information?
  • Would Council desire to take any action on these agreements?
Councilman Tharp got the discussion started. Mayor Schwab stated that everything is at a standstill until Council makes a motion concerning one or both of agreements.
 
  1.         Yard Waste & Gazebo Security Camera Projects (copy of site plan)
  • Staley reviewed the sites as well as a potential upgrade at the PD Building
  • For the $ 7500.00 allotted by Council, Staley Technologies can provide:
            a. Four security cameras at Yard Waste/Recycling
            b. One at the Park Gazebo,
            c. Staley can include six additional upgraded cameras in the Police Building
 
10.       The Mayor is asking one or two volunteers from Council to sit on a Committee to review Fire/Ambulance District creation procedures, to prepare an approach to involve area government entities, and to make a presentation to area government entities.  Solicitor Anthony & VA Miller will be in mix.
Councilmen Tharp, Mackey, and Hawk volunteered.
 
11.        AMP representatives will be at Village Hall on Wednesday, August 3 at 1:30 pm to review the Village Power Supply for 2017 and beyond.   Council is invited to attend.
 
12.       Police Chief Harry Porter has given the Mayor a letter advising that he will be retiring effective August 15, 2016.  Mayor Schwab stated “Harry started in 1990 as a Patrolman and proved to be an asset and through talent and hard work he became a Sergeant, a Captain, and then a Chief.  Harry was always the PD’s go to guy for the last twenty-five years and he will be missed.  The Brewster Police Department you see today is in large part due to the leadership of Harry Porter.  I enjoyed working with Harry as I found him frank and upfront in dealing with him.  He leaves the Police Department in excellent shape.”  The Mayor will have a recommendation of replacement for the Police Chief position at the next meeting.
 
VILLAGE CLERK-TREASURER:Kris King
The July and Year-to-Date Financials have been provided to Council.
 
July fire pay is $ 4,551.69.
 
I am working on the 2017 Alternative Tax Budget.  It is due August 20th.
 
UPCOMING VILLAGE EVENTS:
 
  • Meet the Team will be August 6th in Bimeler park at 6pm.
  • Village Garage Sales will be August 12th and 13th.
  • The Last Stand will be playing in the park on August 20th.
  • Street Sweeping will be August 30th – weather permitting.
  • Arts on the Boulevard will be held on September 24th.  Applications are available in the clerk’s office for anyone wanting to set up a table.  There is no cost for vendor tables. 
 
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. Minutes of July 25th Council of the Whole – Village Finances
 
REMINDERS:
                            August 20th at 7pm - “The Last Stand” Concert in Bimeler Park  
 
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 THARP and motion carried to approve the July fire pay of $ 4,551.69 from the Fire Equipment Fund.  The vote: All yes.
 
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to refer the application from Brewster Cheese for the rezoning of parcels #7000247 & 7000248 on E. 7th.  The vote: All yes.
 
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL FOX and motion carried to allow Scott Borojevich to take the Fire Inspector’s class with Chief Colucy at a cost of $ 525.00 plus books and room and board for one week at Bowling Green from the Fire Equipment Fund.  The vote: Fox, yes; Hawk, yes; Hilliard, no; Mackey, yes; Tharp, yes.
 
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to draw up an ordinance awarding the Village’s liability insurance for September 24, 2016 through September 23, 2017.  The vote: All yes.
 
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HAWK and motion carried to advertise the Village employees’ health insurance out for bid.  The vote: All yes.
 
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to draw up an ordinance establishing a Fire Equipment Capital Improvement Fund.  Council member Hilliard stated that this is creating a fund for a wish list with no money available to put in it.  Council Member Hawk wanted to verify that it could be used for buildings and trucks.  Clerk King stated purchases would be restricted to items that have a 10 year or greater life expectancy.  The vote: All yes.
 
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to accept Police Chief Porter’s resignation per his letter.  The vote: All yes.
 
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to have a Resolution of Appreciation for Chief Harry Porter.  The vote: All yes.
 
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to accept the recommendations of the Finance Committee draw up an ordinance to pay all ambulance and fire dispatch from the Fire Equipment Fund, reduce the Ambulance Replacement Fund allocation from 17.5% to 5% of ambulance call revenues, and allot $ 15,000 of levy dollars to the EMS Fund.  The vote: All yes.
 
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to schedule an Employee Committee meeting on Monday, August 15th at 6:00pm with Electric Utility Dept. employees to discuss duty pay.  Councilman Hilliard would like all interested parties to be invited.  The vote: All yes.
 
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to create legislation submitting the Exclusive Development Agreement.  Councilman Tharp amended the motion to also include the Option to Purchase Agreement.  Councilman Hawk clarified that the Option to Purchase Agreement only restricted the property owners from selling the property to someone else for one year.  It does not obligate the Village to purchase the property.  The vote: All yes.
 
“VILLAGE SPEAKS”
Council Member Hilliard stated that MCTV needs to be notified that there are wires hanging down by the road at McKinley and Needham.
 
"COMMENTS FROM THE AUDIENCE”
Ray Heitger stated that “The Last Stand” is a classic country band.
 
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to adjourn the meeting at 8:30 p.m.
 
 
Respectfully submitted,
 
 
_____________________________________
Kris King, Village Clerk-Treasurer
 
 
____________________________________
Mike Schwab, Mayor