February 1, 2016 - 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.

 

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    

 

John Anthony, Village Solicitor           Rob Pauley, Village Administrator

George Radich, Electric Supt.             Kris King, Clerk-Treasurer

Ryan Swan, Electric Lineman             Ryan Henry, Electric Lineman

 

Mayor Mike Schwab asked if there were any additions or deletions to the January 18, 2016 Council meeting minutes. 

 

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

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to accept the bills for the amount of $413,394.84. 

 

No one wished to speak.

 

Audience in attendance: Cindy Mackey, John Barkan, and Ann Margaret Lambo.

 

BID OPENING on 01/20/2016 - McKinley Avenue Distribution Line Rebuild Project

Electric department - McKinley Ave. Distribution Line Rebuild project – bids were opened on January 20, 2016, 5 qualified bids were received and reviewed, bid summary as follows:

 

     Bidder                                        Cost                       Days to Complete

JW Didado Electric:                $445,500.00,                         160 days ARO

Vaughan Industries, LLC:        $348,322.00,                         145 days ARO

Thompson Electric:                 $204,000.00,                          90 days ARO

Quality Lines, Inc.:                  $260,000.00,                        144 days ARO

Hooper Corp.:                         $803,200.00,                        144 days ARO

MainLite Electric Co.:                         No Bid

 

VA Pauley concurs with GPD’s recommendation of the award of contract in the amount of $204,000.00 to Thompson Electric.  Award of contract with adoption by emergency measure would allow for construction to be done prior to the summer electric high-usage period (1CP and 5CP peaks typically occur in July during the air conditioning season).

Council Member Tharp asked if our Electric Department would be assisting Thompson Electric.  Supt. Radich stated they would only be inspecting.  Council Member Hilliard asked where the line would be starting.  Supt. Radich stated it would tie-in at the Sewer Plant and run across Needham St. and up to the Family Dollar.  The department has an extra bay in the substation and in order to use it, new poles are required to hold the heavier wire which will improve the systems reliability.

 

CONSIDERATION OF ORDINANCES:

Third Reading: An Ordinance authorizing a Power Purchase Agreement for a Behind the Meter Solar Energy Project.  Mayor Schwab suggested tabling this legislation pending additional consideration.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to table the ordinance pending additional consideration.  The vote: All yes.

 

ORDINANCE 05-2016:An Ordinance authorizing a contract for the McKinley Avenue Distribution Line Rebuild Project was given third reading.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX to bring the ordinance forward for passage.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to amend the ordinance awarding the contract to Thompson Electric at a cost of $204,000 with completion in 90 days.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL FOX and motion carried to pass the ordinance as amended.  The vote: All yes.

 

Second Reading: An Ordinance authorizing modifications to the Village Travel Reimbursement Policy. 

 

First Reading: A Resolution amending the Village Zoning Code by Adopting Chapter 506: Alternative Energy Systems.

 

RESOLUTION 06-2016: A Resolution authorizing an amended agreement with Financial Network of America for Administration of an Employee Deferred Compensation Plan and declaring an emergency.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to suspend the rule requiring three separate reading and bring the resolution forward for passage.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to pass the resolution as presented.  The vote: All yes.

 

ORDINANCE 07-2016: An Ordinance adopting Permanent Appropriations for 2016 was tabled at third reading at the last meeting.  Clerk-Treasurer King requested the ordinance be removed from the table and brought forward for passage this evening.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD to un-table the ordinance.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD to pass the ordinance as presented.  The vote: All yes.

FIRE DEPARTMENT: Chief Chris Colucy (absent)

Chief Colucy was unable to attend due to a derailment and fire at the W&LE Railway yard.

 

In Preparation for 2016 Fireman’s Festival – As requested, Council guidelines for use of Bimeler Park from 2015 (emailed and Council hard copy this evening).

 

From Chief: Standard Operating Guidelines Draft completed.  Mayor provided the Solicitor with a copy for review; then will ask the SOG Committee to review.

 

POLICE DEPARTMENT: Chief Porter (absent)

Entire department dispatched to evacuate ½ radius of the derailment and fire at the W&LE Railway yard.

 

Solicitor Anthony requested an executive session.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to go into executive session to meet with Legal Counsel to discuss disputes involving the Village that is subject to pending or imminent court action at 7:23 pm.  Council and the Mayor were invited.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to exit executive session at 7:28 pm.  The vote: All yes.  No action was taken.

 

Legal 101 – Solicitor Anthony continued his discussion on municipal liability and exceptions under section 2744 of the Ohio Revised Code. 

 

ODOT – Consent Legislation for resurfacing of SR 93 within Village in 2019; State to cover 100% of costs; requires Village legislation approval (Solicitor provided with copy to review).

 

Ohio EPA – In answer to Village’s inquiry about the pending Discharge Permit for the W&LE Railway; OEPA advises that the application is for the renewal of an existing Discharge Permit with no changes.

 

Council Member Godwin has sent three letters to the state concerning moving up the paving of SR 93.  He also emailed Senator LaRose and Representative Slaby but received no response.

 

VILLAGE ADMINISTRATOR: VA Robert Pauley

Administrator’s report for period 01/25/2016 thru 02/01/2016:

              

 

 

 

 

 

 

JW Didado Electric:                       $445,500.00,   160 days ARO

Vaughan Industries, LLC:               $348,322.00,   145 days ARO

Thompson Electric:                        $204,000.00,    90 days  ARO

Quality Lines, Inc.:                         $260,000.00,   144 days ARO

Hooper Corp.:                                $803,200.00,   144 days ARO

MainLite Electric Co.:                           No Bid

 

I concur with GPD’s recommendation of the award of contract in the amount of $204,000.00 to Thompson Electric. Award of contract with adoption by emergency measure would allow for construction to be done prior to the summer electric high-usage period (1CP and 5CP peaks typically occur in July during the air conditioning season).

 

 

Council Member Godwin asked how long it would be before Wood Electric completed the electric boxes.  VA Pauley stated they plan to start in the next couple of weeks.

 

Council Member Mackey asked VA Pauley to show Council a picture of the proposed electronic Village marque/sign.  Council Member Godwin was pleased to see this finally being done as he had proposed doing it five years ago.  Council Member Hilliard does not think this is a wise investment at this time.  He stated “we are asking for taxpayers’ money, don’t see a need for it”.  He feels it doesn’t benefit the residents.  Council Member Mackey stated it could be used right now to inform residents what was going on at the railroad.

 

VILLAGE MAYOR: Mike Schwab

May I suggest that Council use the required Public Hearing to review the proposed Alternative Energy Systems Zoning language amendment to the Zoning Code?  It will take at least 30 minutes for the VA and Planning Commission members Hawk and Schwab to cover the material and to field questions.  The third reading of the legislation is slated at the March 7^th Council Meeting which may an appropriate evening to have the Public Hearing.

Mayor Appoints an Employee Wage & Benefits Committee – Village Clerk, Village Administrator, Finance Committee Chair Hawk, Councilman Mackey, & Mayor.  This committee is to work on the 2016 Wage Structure Modification Proposal, Job Descriptions, Employee Handbook, and so forth.

Codification of Village Ordinances are now online.  They can be assessed through our website: www.brewsterohio.com or www.amlegal.com.

John Barkan’s contract lapses at the end of February; May I request that Mr. Barkan complete the EEO Training for Employees that were unable to attend the initial session?  Barkan advised that he would get this completed.

 

Village Income Tax Commissioner will be at Village Hall on Monday, Wednesday, and Friday from 9 am to 11:30 am through April 30^th.  For inquiries in between those hours Kris will answer those she can, and Steve will make return calls for the others.

 

Still working on Departmental Five Year Plan with Department Heads; will sit down with VA, Village Clerk, and each individual department head before submitting to Council for review; biggest hold up is Mayor at this time.

 

Sale of the “Green” Street Dept. 1997 Ford F-250.  Initial value was $ 19,733.00.  Ordinance 36-2013 requires, that for the disposal of any Village asset with an initial value of $1,000 or more, Council provide comment or direction.

 

State of the Village Part II (Council copy and will be on Village Web Site)

 

Proposed Solar Project:

 

 

Would Council desire that any of the Solar Project applicants attend the February 8^th Utility

Committee Meeting to answer questions about the proposed solar project?  Council canceled this meeting during old and new business section of the meeting.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to go into Executive Session for the purpose of considering the purchase of property for Village purposes since disclosure at this time would give an unfair bargaining advantage to persons whose personal or private interest is adverse to the general public at 8:03pm with the VA, Mayor, and Solicitor invited.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to exit executive session at 8:15pm.  The vote: All yes.  No action was taken.

January financial and Year-to-Date reports have been submitted to Council.

 

The final numbers have been appropriated as presented in the Certificate of Total Amount Available from All Resources draft at the last meeting.  The certificate and year-end fund balances have been submitted to the County.

 

The 1099-G forms went out last week.  This completes the year-end forms for vendors, income tax credits and refunds, and employees.

 

Soft launch of the online bill pay is scheduled for February 8^th.

 

Currently working on the Annual Financial Data Reporting.  Information from our prepared financial statement is pulled and entered into the State’s Hinkle System.  This year we are also required to prepare notes to the basic financial statements.  I am estimating about 10 – 12 pages.  Once this is prepared, it will be submitted with the full financial statement prepared with the assistance of Government Accounting Solutions.

 

The payment from FirstEnergy has not been received.  We are accumulating more reimbursable expenses.  There also has been no word on the easement assignments.

 

I have submitted the final item for the third (and hopefully the last) change order on the Sweetwater Pump Station Project.

 

 

Asst. Clerk Joyce Cunningham has been tracking employee hours to ensure we are in compliance with some of the new ADA rules.  If the Village has more than 50 Full-Time Equivalent (FTE’S) employees, we have to comply with more regulations and more reporting.  She has been tracking all employees’ hours on a monthly basis to ensure that we stay in compliance and are doing the correct paperwork in order to avoid fines. 

 

LaFlavour music performance contract needs signed.  50% down payment required.

 

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

From 01/25 Council of the Whole Committee Meeting – Employee Wages & Benefits

 

Council of the Whole - Parks & Grounds met this evening.  Council Member Godwin touched on five different topics/areas in the park that needed Council’s attention: Park rentals.

 

February 8^th at 6:30pm – Council of the Whole: RCAP Utility Rates 101.

 

Stark RPC: 2016 Stark Law Governmental Law Seminar on Saturday 2/6 from 9am to 2 pm.

 

EXPENDITURE REQUESTS from past Meetings:          

 

Mayor: Advise Council that ODNR Natureworks Grant applications deadline is May 1 each year.

 

Mayor: Should Village prepare to submit applications for the next Round of Issue II funding due to be submitted in September of 2016?

 

Mayor: Draft of Employee Cell Phone Policy for Council review. (Submitted 12/21/15 meeting).

VA: Draft of Employee Cell Phone Policy for Council review (submitted 01/18/2016 meeting).

Barkan: Draft of Employee Cell Phone Policy for Council review (submitted 01/27/2016 email).

 

Council appointment of two residents to the Village Board of Income Tax Review; Mayor to appoint one additional member of three-member Board.

 

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 cancel the Solar Project meeting scheduled at 6:30pm on February 8^th and replace it with the RCAP Utility Rate Setting 101 session.  The vote: All yes.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to prepare legislation to amend Ordinance 16-2012 to state that non-residents must put down $50 to rent a pavilion with $25 refunded if it is returned to its original state.  The resident fee will remain $25 with all refunded if it is returned to its original state.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to approve the firemen pay of $4998.20 from the Fire Equipment Fund.  The vote: All yes.

 

COUNCIL MEMBER HAWK MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to schedule a Finance Committee meeting on February 15^th at 6:00pm to start discussing additional financial resources and a possible income tax levy.  The vote: All yes.

 

 

COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to scrap the green 1997 Ford pick-up.  Council Member Hilliard asked what the blue book value would be.  Clerk King stated that it would cost upwards of $300 to advertise the truck out for bid. 

 

COUNCIL MEMBER GODWIN MOVED to schedule a Council of the Whole meeting on March 14^th at 6:30pm to finalize the requirements for the Fireman’s Association to permit alcohol in the park.  After a brief discussion, the motion was withdrawn.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP to schedule a Parks and Grounds Committee meeting on March 14^th at 6:30pm to finalize the grant application for the swings in the park.  After a brief discussion, the motion was withdrawn.

 

COUNCIL MEMBER MACKEY MOVED to schedule a Safety Committee meeting to discuss figuring a way to finance the Village’s Safety Services.  Council Member Hilliard suggested that this be a Finance Committee meeting.  Council Member Hawk stated it could be incorporated in the February 15^th meeting scheduled earlier in the meeting.  Motion was withdrawn.

 

Council Member Tharp asked if the Employee Wage and Benefit committee is replacing the committee for which he is the chair.  Mayor Schwab stated it is a separate committee comprised of a small number of people to work together to get the wage ordinance completed along with some of the other issues that have been discussed but not resolved over the last year and a half.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to schedule a Council of the Whole work session on March 21^st at 6:00pm to discuss the employee phone policy.  VA Pauley asked about an amendment to his employment agreement.  Council Member Tharp stated that it will be discussed at the work session.  The vote: All yes.

 

Council Member Tharp stated he really appreciated the work our firemen and police officers were doing on the railroad derailment and the time they are spending.

 

COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to hold a public hearing for the proposed Alternative Energy addition to the Zoning Code on March 7^th at 6:30pm.  Mayor Schwab stated this is required in the process to amend the Zoning Code.  The vote: All yes.

 

Council Member Tharp asked if an ordinance would be required to create the Assistant Superintendent’s position as proposed by VA Pauley.  Mayor Schwab feels this is putting the cart before the horse and needs to be discussed by committee before it is brought to a Council meeting.  Council Member Hawk agreed.  Council Member Tharp asked how soon this needs to be discussed.  VA Pauley stated it could be kicked down the road forever.  Council Member Tharp stated it must be important if the VA sent out a memo on January 10^th proposing it.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to schedule a Council of the Whole meeting on March 14^th at 6:00pm to discuss the January 10^th personnel realignment memo from the VA.  The vote: All yes.

 

Council Member Tharp stated he had a resident express concern over the Village spending money on the solar project to only break even.

 

Clerk King received a call from Angel McCune.  She was appreciative that some gravel had been put in the ruts by the contractor working on building a house next door to her but is concerned that the downspouts are now being expelled into the area where they access her garage.  She is worried this is going to make it a muddy mess and make it difficult to get to her garage.

 

 

Mayor Schwab stated a resident would like to see Cleveland Ave. allow only parking on one side.  He would like to see the Street committee take a look at it.  Council Member Mackey stated he would take a look at it and report back to Council.

 

"COMMENTS FROM THE AUDIENCE":

 

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to adjourn the meeting at 8:47 p.m.

 

 

Respectfully submitted,

 

 

_____________________________________

Kris King, Village Clerk-Treasurer

 

 

____________________________________

Mike Schwab, Mayor