July 18, 2016 - Meeting Minutes

MINUTES

BREWSTER VILLAGE COUNCIL

July 18, 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 Dave Godwin, Council Member

Chuck Hawk, Council Member Tom Hilliard, Council Member

Paul Mackey, Council Member

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to excuse Councilman Tharp. The vote: All yes.

VILLAGE OFFICIALS/EMPLOYEES PRESENT:

Kris King, Clerk-Treasurer Chris Colucy, Fire Chief

Jim Spivey, Village Technician John Anthony, Village Solicitor

Keith Creter, Police Captain

MINUTES FROM THE JUNE 20, 2016 REGULAR COUNCIL MEETING:

Mayor Mike Schwab asked if there were any additions or deletions to the June 20, 2016 Council meeting minutes.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to amend the minutes by adding that Councilman Hilliard had asked Solicitor Anthony if he approved of passing Ordinance 20-2016 under emergency and Solicitor Anthony responded that he approved. The vote: All yes.

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to accept the minutes as amended. The vote: All yes.

PRESENTATION OF BILLS:

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to accept the July 5, 2016 bills in the amount of $ 185,018.61. The vote: All yes.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to accept the July 18, 2016 bills in the amount of $ 384,365.96. The vote: All yes.

AUDIENCE:

Bill Smith, candidate for Stark County Commissioner, introduced himself to Council and described his background. He then discussed some of his goals as County Commissioner such as economic development and shared services.

Ray Heitger, 317 E. Seventh St, wished to thank all those that helped make the LaFlavour concert in the park a success. The Mayor then thanked him and the Rec Board for all their work and time to put this together.

GUEST:

David Childs and his family attended to accept his Resolution of Appreciation for forty years of service providing senior living in our community. Mr. Childs stated it has been a great forty years and looks forward to forty more.

Audience in attendance: Ray Heitger, Jenny Spivey, Cindy Mackey, Mike Miller, Jay Huff, and Joey Lorenzo.

CONSIDERATION OF ORDINANCES:

Second Reading: An ordinance authorizing a change order for the McKinley Avenue Electric Distribution Line Project.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to add change orders 2 and 3 to the ordinance. The vote: All yes.

First Reading: An ordinance authorizing the modification of water usage fees and charges.

First 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).

First Reading: An ordinance authorizing the restricted parking on McKinley Avenue from West Second to Bimeler Park entrance.

Resolution 23-2016: A Resolution of Congratulations to Matthew Fowler on participation at Ohio Boys State.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to pass the resolution as read. The vote: All yes.

MUNICIPAL DEPARTMENTS:

FIRE DEPARTMENT:Chief Chris Colucy

Chief Colucy has the opportunity to complete heavy rescue training. 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 19^th with class starting on August 29^th.

A State of Ohio EMS Grant in the amount of $5,500 has been awarded to the department through Asst. Chief Mohler’s application.

Chief Colucy would like to send some firemen to Howell Rescue’s Extraction Class. The cost is $495.00 plus hotel rooms. Councilman Hilliard asked how many Chief Colucy would like to send and he replied three.

Chief Colucy reported that the department received an ISO rating of 5 which is in the middle of the scale. He stated that more training could raise the rating.

A proposed copier quote was provided for a new copy machine for the Fire Department. It is a Samsung at a cost of $2996.00. A muni lease can be used at a monthly cost of $62.00 plus $25.00 maintenance cost. Color copies would be 8.5 cents per copy.

Chief Colucy described his five-year plan.

POLICE DEPARTMENT:(Chief Harry Porter on Leave)-Captain Keith Creter

June had 508 calls.

Part Time Officers Manos and Momirov have resigned to take positions at Massillon PD and the Sheriff’s Office, respectively.

Introduction of Part Time Officer Candidate Joey Lorenzo; Captain Creter & Mayor request Council approval of Mr. Lorenzo’s appointment as a P.T. Officer pending successful physical/drug tests.

The Department has a new PD Facebook and a Twitter account.

Officer Taylor’s recent training in Florida has shown that Police Department’s cannot get enough training. Homeland Security stressed training, training, training. Officer Taylor brought back a lot of helpful information.

Captain Creter stated that it is our department’s responsibility to keep our community safe.

VILLAGE SOLICITOR:Attorney John Anthony

Kennels and the restriction of Animals (refresher) – A kennel is not considered proper use according to our zoning ordinance but there are some gray areas if used as an animal rescue.

Solar Proposal Documents: Exclusive Development Agreement & Option to Purchase Agreement requested. The Solicitor has provided changes to the purchase agreement and ARE has agreed to them. Contingencies are still a major issue. The Exclusive Development Agreement terms are ready for Council review. Village Representatives, a GPD representative, and ARE’s legal counsel have engaged in a phone conference to discuss these issues.

COMMUNICATIONS:

Stark Regional Planning Letter: District 19 will be accepting applications for OPWC infrastructure funding until September 16, 2016; funds available in July 2017; grant/loan program for roads, bridges, water supply, wastewater treatment, storm water collection, and solid waste (Council copy of program information).

Stark County Commissioners: Municipal Road Fund - $ 20,000 has been allocated for the paving of W. Elton Street; suggested that Council request that this $ 20,000 be rolled over into 2017 for the paving of the Village portion of E. Elton Street between SR 93 and Browndale Street in conjunction with County.

INTERIM VILLAGE ADMINISTRATOR:Dan Klein

Streets:

· Finishing up the paving on West Elton Street in preparation for chip and sealing

· Working on catch basins

· Trimming low street trees

Electric:

· The McKinley Line Project final walk through is complete

· Berens has completed the work on the tree stump removals from previous years

· Davey Tree is in working on the 69KV line clearing

· Replaced some transformers

Parks and Grounds:

· Vasco completed the resurfacing on the courts in the courts

Sewer:

· Flow is low

· One clarifier has been emptied and cleaned

Water:

· Locating water boxes throughout town

· Stock piling for waterline replacement

Councilman Hilliard stated that some of the poles on McKinley are ready to be removed.

VILLAGE MAYOR: Mike Schwab

1. Mayor’s Memo - Employee Wage Adjustment (emailed 07/12/2016) (Council copy)

· At minimum Council is several months away from adopting a new employee wage review procedure

· As drafted the new legislation under consideration places all future employee wage modifications effective on January 1

· I would recommend that Council consider a 3% pay raise for all Village employees to bridge the gap until the new legislation is approved

· In 2013 wage modifications were effective on January 1, 2013

· In 2014 wage modifications were effective on September 5, 2014, a nine-month gap

· Does Council desire any additional information? Councilman Hawk is concerned about what kind of health insurance increase is coming and wants to see that first. Councilman Hilliard agrees.

2. Mayor’s Memo - Employment of a Fourth Village Technician (emailed 07/13/2016) (copy)

· Ask Council to consider adding a temporary Fourth Village Technician employee.

· Both Dan Klein and Jim Spivey have passed the Exam portion of the Class I Water License. Both need to have the required hours worked in Water to attain the License

· The initial plan to work current employees in Water to gain Experience & Training is falling short of providing the work hours necessary

· The hiring would better prepare Village utilities and street department for possible near future retirements in Water. This employee would fill the vacant slot created when a future retirement occurs

· Would better train current personnel for the near future operation of the Water Department

· Sample employment ad on back of memo

· Does Council desire any additional information? Councilman Mackey stated that this has been discussed ad nauseam. He would feel more comfortable waiting until the new VA starts and is given time to assess the situation. He stated that this is not going to solve the problem because the Village will probably need to fill two positions. “Why not hire a person with a license?” Mayor Schwab stated this is the first step and only to take resumes. Interim VA Klein stated the people that have the licenses are going to the bigger communities. It is hard to find someone that has the credentials to come to a small town because of the pay. He also explained that this is a start and we have to start somewhere.

3. Clemans & Nelson Attorney Drew Esposito has 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? Councilman Mackey stated he is not an expert in HR and in his opinion, the Village should contract with Clemens and Nelson to write our wage ordinance and put a package together.

4. Electric Utility employees have requested a meeting with Council to review the Duty Week proposal contained in the proposed Employee Wage Structure legislation

5. Proposed Solar Project UPDATE:

· Eric Downing of the of the US Army Corp advises that an access easement across Corp property will be available. The Village needs to advise Corp that the Solar Field proposal will happen before the Corp initiates a Report of Availability (ROA)

· Solicitor Anthony and Mayor have prepared an Option to Purchase Agreement that may be used to secure the two property purchases. Suggest Council set compensation amounts & approve submittal to owners

· Solicitor Anthony and Dwight Niederkofler have modified and prepared an Exclusive Development Agreement with American Renewable Energy for submittal to ARE’s attorneys

· Talked w/Dave Dwyer of ARE- he advises that his attorneys have accepted John’s changes

· The legislation for a Power Purchase Agreement was tabled at Third Reading on 02/01/2016

· Does Council desire any additional information?

· May I ask that Council take some type of action on this project, either positive or negative?

· A significant amount of time has been expended by several individuals and agencies and the Village has incurred Engineering expenses that may not be reimbursed. Solicitor Anthony stated that Dwight Niederkofler of GPD has not been happy with the purchase power agreement. ARE appears not to be willing to agree on the terms. Solicitor Anthony stated the Council needs to ask if this is a good proposition for the Village. He stated that the Village needs to take some kind of action. Councilman Godwin stated he is ready to walk away from it.

6. Concerning June 14, 2016 John Barkan Letter:

· May I suggest that Council advise Mr. Barkan that he is no longer under consideration to provide HR consultation services to Brewster.

· Does Council desire any additional information?

7. Kennels in Village:

· I recommend that through legislation that Council place a restriction on the number of dogs permitted on each property in the Village. Copies of the Alliance, Ohio legislation which sets a limit of four has been provided recently to Council by email, as well as on previous occasions.

8. Municipal Road Fund:

· May I send the letter (Council copy of Draft) to the Stark County Commissioners requesting that the 2016 allotment of $ 20,000 be rolled-over for 2017 to be used on the Village section of E. Elton Street between SR 93 and Browndale Street?

· A motion and majority approval required

9. November Ballot:

· Example of a Flier to be distributed

· Street Review Worksheet – Sample on Council Table

· Finance Committee Meeting on 07/25: May I ask that the Ballot Issue be discussed?

· Councilman Hilliard thanked the Mayor for all the good information he provided

10. 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.

11. Appointment of a Village Administrator:

· Dan Klein has provided excellent work during the interim – Thank You

· Legislation Draft has been prepared to appoint Michael L. Miller of North Canton as Brewster Village Administrator; drafted as an emergency measure (Council copy)

· Legislation states that the position will pay $ 62,400 annually and employee benefits will be the same as all Full Time Village employees. It also waives the residency requirement in accordance with the ORC.

· Mike Miller has also requested four weeks of unpaid time off in the coming year

· If appointed tonight, Mike’s starting date will be August 1, 2016

· May I request that Council approve the Mayor’s appointment by Ordinance? The ordinance was requested to be passed under emergency. Councilman Hawk stated he is not comfortable voting. He doesn’t feel he should be involved. Solicitor Anthony stated he felt it was legal for him to vote because he withdrew. Councilman Hawk stated he did not withdraw but was told he wasn’t under consideration. Councilman Godwin stated by abstaining, it actually counted towards the majority of the votes. Councilman Hawk stated it had been five months since this started so what was the hurry now. Councilman Mackey told Councilman Hawk that it was his job on Council to vote. Councilman Hilliard asked if a special meeting could be scheduled when all six Councilmen could attend.

VILLAGE CLERK-TREASURER:Kris King

June Monthly and Year-to-Date reports.

I would like to thank Joyce for working an extra week to help us out after a very busy week and messy Village Hall. She came in to make sure everything was clean and presentable.

June fire pay = $6,406.82.

I am starting to work on the 2017 Alternative Tax Budget. It is due August 20^th.

Final payment has been made to Kenmore Construction. I’m closing my books on the project. OWDA has not published our amortization schedule to date. The total borrowed from OWDA is $5,088,877.34.

Thompson Electric will receive final payment after Change Order #3 is approved.

Online payments are up to 51 this month.

UPCOMING VILLAGE EVENTS:

Meet the Team will be August 6^th in Bimeler park at 6pm

Village Garage Sales will be August 12^th and 13^th.

The Last Stand will be playing in the park on August 20^th.

Street Sweeping will be August 30^th – weather permitting.

Arts on the Boulevard will be held on September 24^th. 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: TheGoal 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

Minutes of June 20 – Council of the Whole – Employee Wage Legislation Proposal

Minutes of June 20 - Public Hearing for Rezoning Legislation

Minutes of June 27 – Council of the Whole – Employee Wage Legislation Proposal

Tonight Parks and Grounds meeting: Reviewed Harris Day Architect Bill Griffith’s preliminary plans and estimates for the Fire Building Expansion Proposal; intent was to position Village to explore funding sources with information such as plans & costs readily available. Councilman Godwin reported that cameras in the yard waste was also discussed.

REMINDERS:

July 25 at 6 pm Council of the Whole – Village Finances

Please mark your calendars

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 HILLIARD and motion carried to purchase cameras for in the yard waste, recycling, and pavilion areas in the park not to exceed $7,500 from Parks and Grounds Fund. The vote: All yes.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to approve Chief Colucy’s request for the heavy rescue training, a six-week online course followed by five days at Bowling Green to complete the course at a cost of $525.00 for the class, the cost of a book, and a five-day hotel stay. The vote: All yes.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to approve three firemen to go to Howell Rescue Extraction Class at a cost of $1,485 plus hotel accommodations for one night from the Fire Fund. The vote: All yes.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to purchase four IPads at a total cost of $1,520 from the Fire Fund. The vote: All yes.

Councilman Mackey asked Clerk King how much of the Fire Fund was just spent. Clerk King responded that it was approximately $4,320.00.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to appoint Joey Lorenzo as a probationary police officer pending background check, physical, and drug screen. The vote: All yes.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX to create an ordinance that limits the number of dogs on a property to four. Councilman Fox asked what happens when a resident already has more than four dogs. Solicitor Anthony stated this becomes a police power instead of a zoning issue. It was stated that the Village would not go door to door counting dogs but would enforce when complaints were filed with the police. Councilman Mackey suggested having a meeting to discuss it further. Councilman Godwin stated that it has already been discussed for five years. Councilman Hawk thought there would be problems with enforcement. Solicitor Anthony thought that the Village could work with residents to get into compliance. The vote: Mackey, no; Fox, no, Godwin, yes; Hawk, no; Hilliard, yes. Motion Fails.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carries to instruct the Mayor to draft a letter to Stark County Commissioners asking to roll over $20,000 in Municipal Road Funds for 2016 into 2017 and to change the project to repaving East Elton Street. The vote: All yes.

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to advise John Barkan that he was no longer under consideration to provide HR consultation services to the Village of Brewster. Councilman Godwin suggested to “not be as nice as you can”. The vote: All yes.

COUNCIL MEMBER HILIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to amend the motion to purchase the IPads to be paid from the EMS Fund instead of the Fire Fund. The vote: All yes.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN to create an ordinance to employ Michael L. Miller, setting his compensation, and waiving his residency requirement and declaring it emergency legislation in the form of the draft provided. The vote: Mackey, yes; Fox, yes; Godwin, yes; Hawk, abstain; Hilliard, yes.

COUNCIL MEMER MACKEY MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to advertise for and have a special meeting on Friday, July 22^nd at 6:30pm. The vote: Mackey, yes; Fox, yes; Godwin, yes; Hawk, abstain; Hilliard, yes. Motion carries.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to create an ordinance adopting a supplement to the Village Code of Ordinances as prepared by American Legal Publishing. The vote: All yes.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to approve the fire pay at a cost of $ 6,406.82 from the Fire Fund. The vote: All yes.

COUNCIL MEMBER GODWIN MOVED to cancel the Solar Project. Motion failed due to lack of second.

“VILLAGE SPEAKS”

None.

"COMMENTS FROM THE AUDIENCE”

Captain Creter stated that the 15-minute barking duration for barking dogs is no longer being used by the Police Department. The Police will provide a visit to a residence to advise of possible violations based on a complaint.

Jay Huff stated that he agrees with Councilman Mackey on the hiring of a new employee. He doesn’t understand why council would purchase cameras when it should be Stark-Tuscarawas-Wayne Waste Management’s problem. Just throw the junk in the dumpster. It was stated that STW would not take the kind of garbage being dumped. The Village has to pay to dispose of the tires.

Jay Huff would like the Village to give him the HR contract. He can be paid $ 22,000 then not give the Village anything for the money next July. If John Barkan is not sued, he is going to spread the word to not pass a levy.

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to adjourn the meeting at 9:08 p.m.

Respectfully submitted,

_____________________________________

Kris King, Village Clerk-Treasurer

____________________________________

Mike Schwab, Mayor