September 6, 2016 - Meeting Minutes

MINUTES
BREWSTER VILLAGE COUNCIL
September 6, 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                   David 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 from this evening’s meeting.  The vote: All yes.                     
 
VILLAGE OFFICIALS/EMPLOYEES PRESENT:
Kris King, Clerk-Treasurer                     Chris Colucy, Fire Chief          
John Anthony, Village Solicitor              Keith Creter, Police Captain
Aaron Keener, Patrolman                      Jen Mohler, Asst. Chief
 
MINUTES FROM THE AUGUST 15, 2016 REGULAR COUNCIL MEETING:
Mayor Mike Schwab asked if there were any additions or deletions to the August 15, 2016 Council meeting minutes. 
 
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to accept the minutes as presented.  The vote: All yes. 
 
PRESENTATION OF BILLS:
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to accept the September 6, 2016 bills in the amount of $ 415,459.99.  Councilman Hilliard asked the VA to look into the price of purchasing an asphalt saw.  He feels that it would be cheaper than hiring someone to do it.  The vote: All yes to pay the bills. 
 
AUDIENCE:
Ray Heitger of the Recreation Board is recommending Thursday, October 27th for Trick-or-Treat this year from 6:00 to 7:30pm.  He will be presenting a budget for the judging at the next meeting.  He also stated the concert in August had a fairly decent turnout.
 
Audience in attendance: Cindy Mackey and Ann Margaret Lambo.
 
GUEST:
Tim Ailes, Dawson Insurance, provided a proposal for liability and casualty insurance through HCC Public Risk.  He reviewed a coverage summary proposal that if chosen would go into effect on September 25, 2016 for one year.
 
CONSIDERATION OF ORDINANCES:
Second Reading: An Ordinance Awarding a Contract for Village Liability Insurance.
 
Second Reading: An Ordinance Creating a Fire Capital Improvement Fund.  Councilman Hilliard asked if an amount has been set to go into this fund for capital improvements.  Clerk King replied that the amount is not needed to pass the ordinance and will not be established until funds are received from the levy passed last November.
 
Second Reading: An Ordinance authorizing an Allocation of Funds for the EMS Fund and Reduce the Allocation to the Ambulance Replacement Fund.
 
Second Reading: An Ordinance authorizing an Exclusive Development Agreement with American Renewable Energy, Inc.
 
Second Reading: An Ordinance authorizing an Option to Purchase Agreements for Property for the Proposed Solar Project.
 
First Reading: An Ordinance authorizing the Installation of Visually Impaired Area Signs on Village Streets as needed.
 
MUNICIPAL DEPARTMENTS:
FIRE DEPARTMENT: Chief Chris Colucy
Possible BWC Grant Application for motorized cots; Cost Breakdown: BWC = ¾ and Village = ¼.  Chief Colucy and Asst. Chief Jen Mohler are suggesting purchasing one Ferno cot at a cost of about $ 9,400 with $ 2,000 going to be required to install the track in the squad. This will put the squad in compliance with new regulations going into effect shortly.
 
Pump testing is complete. Two out of three trucks passed.  Chief Colucy will be getting prices for parts and service for the 16- year-old tanker truck that didn’t pass.
 
Chief Colucy discussed the Sugarcreek Township contract. 
 
Chief is recommending Madison Schwarzentraub as a probationary firefighter pending physical, drug screen, and background check.  She is an EMT.
 
Asst. Chief Jen Mohler stated the last volunteer to go for random drug testing ended up being at the testing site for 2½ hours.  The Village may want to look into paying the volunteers for their time.
 
POLICE DEPARTMENT:Chief Keith Creter
Chief Creter provided the August Departmental Report.  This is a revamped version of the old activity report.
 
The Chief reviewed the request of handicapped parking at the northern end of McKinley.  He talked to the neighbors to get their input and upon review, decided it could be a safety and legal issue backing out onto 2nd Street.  It was suggested that a space or two could be put on the northeast corner of McKinley Ave and West 2nd Street.
 
Officers Vacha and Hudy have completed their necessary tests and are now in training.
 
Chief Creter recommends the Mayor’s appointment of Officer Aaron Keener to Full Time Patrolman to bring the PD Full Time ranks back to full strength; interviews were conducted with six applicants on 08/29/16.  Chief Creter then explained the process.  Councilman Godwin asked if the department had advertised for the full time position.  Chief Creter stated that it was a promotion from within the department.  The Mayor stated that it was legal.  Councilman Godwin doubled checked it with the Solicitor and he agreed.
 
Councilman Godwin is concerned that our patrolmen are spending too much time in Beach City because they don’t have 24/7 coverage.  He feels that the Village should be reimbursed and doesn’t want the Brewster Officers tied up down there when they could be needed here.
 
Councilman Hilliard thanked Chief Creter for working with the Sheriff’s Department on the speed sign on 7th Street to help slow down traffic in the School Zone.
 
VILLAGE SOLICITOR:Attorney John Anthony
Solicitor Anthony contacted John Barkan concerning the work he performed for the Village.  Mr. Barkan assured the Solicitor he would have the information to him by September 15th.
 
The ballot language has been approved by the County for .5% Income Tax increase.  Mayor Schwab stated that the Board of Elections have designated it as Issue 2.
 
The legalization of medical marijuana will go into effect on Thursday, September 8, 2016.  He advised that immediate action is not warranted and probably not even advisable. He suggested putting a moratorium on any permits concerning medical marijuana, and that he will research such legislation.
 
COMMUNICATIONS:
AMP Memo – November 1, 2016 has been established as subscription deadline for AMP Solar Phase II.
 
Medical Marijuana Article – Impact of recent legislation approved by Ohio concerning medical Marijuana; request that Solicitor review to advise of any needed Village modifications.
 
Village Gas Aggregation Program w/Volunteer Energy Services – Program Information will be mailed by VESI in the next several weeks; packet will include Opt-out mailers for those residents not interested.
 
VILLAGE ADMINISTRATOR: Mike Miller
Administrator’s report for period 08/16/2016 thru 09/06/2016:
 
  • Updated Job Application and added Supplemental Job Application. I have e-mailed copies to give council an opportunity to review.
 
  • Placed advertisement for Utility Technician in:
o   Operator Training Committee of Ohio (OTCO) publication for licensing individuals for H2O and Wastewater (free)
o   Ohio Municipal League (free)
o   Massillon Independent
o   Canton Repository
Received 13 applications through Tuesday September 6, 2016. Application deadline is Friday September 9, 2016.
 
  • Our Village crews installed approximately 1000 feet of replacement 8 inch waterline from just north of 1st Street to north of the underpass on Wabash. They are in the process of paving over the trench. While they faced a few surprises, the installation and traffic control went very well.
 
  • Based on the waterline replacement project, I am proceeding with the purchase of a skid steer mounted breaker, which will take the place of our compressor operated jackhammer. The details of that purchase will be laid out in a separate communication.
 
  • A walk through scheduled for Thursday September 8th of Village facilities with Efficiency Smart to find ways to save on energy consumption/costs.
 
  • Met with AMP representatives regarding AMP Solar Phase II. Also present were the Mayor, Councilman Tharp, Councilman Mackey, and Dwight Niederkofler of GPD. Based on the presentation, the Village has much more flexibility than it believed, with our options being to subscribe up to 4MW (limited by our needs) total solar in the AMP Phase II solar project with:
  1. No solar array in the Village.
  2. Siting of 2MW±solar in the Village.
  3. Siting a 1MW± solar array on the Fairless School property
  4. Siting of 2MW± solar in the Village plus 1MW± solar array on the Fairless School property.
AMP is reworking their analysis to reflect adding up to 3MW solar to the Brewster Portfolio. 
Some of the advantages with going with AMP Phase II are:
o   Provides to us an ability to purchase additional capacity (up to 3MW versus capped at 1.9MW by ourselves with another vendor)
o   includes additional sites resulting in less risk (i.e. weather related reductions or catastrophe, equipment failure, etc.) with a number of sites spread out geographically
o   provides a more reliable long term commitment
o   the developer NextEra was well vetted by AMP
o   the developer NextEra is large and experienced
o   the developer NextEra has construction already underway at one of the AMP sites (Marshallville construction to begin soon)
o   the developer NextEra/AMP will provide a turnkey project from start to finish
o   the developer NextEra/AMP will operate and maintain the solar field with no effort or expense on the Village’s part
o   the developer NextEra/AMP: the cost of the Village’s distribution line build-out to the solar field will also be paid by the developer and/or AMP, eliminating that expense to the Village
o   the only apparent capital expense for the Village is land acquisition and construction of the access road.
o   AMP Solar Phase II provides a long term (25 year) fixed rate
o   AMP Solar Phase II fills in part of a future gap in our energy needs.
There has been a great deal of follow-up with our consultant – GPD with AMP and the Village.
OUR CONSULTANT WILL PRESENT A SUMMARY AND THEIR RECOMMENDATION TO THE VILLAGE.
 
  • I spoke to Council about my recommendation on the proposed Compensation and Benefits Ordinance (29-2016) when discussing “Duty Week” Pay at the August 15, 2016 meeting. I have followed that up with a separate written recommendation. In my opinion, the “Compensation and Benefit” is too broad in subject matter to be combined into 1 ordinance.
 
My recommendation, based on my experience, is rather than have an ordinance that has everything in it, we split out each individual subject for review, one subject at a time.
 
  • I have supplied a copy of the Stand-by Pay Policy. It is written so that it could be applied to any Village Department, but is targeted towards and is in accordance with Electric Department comparables. It would take the place of Section G Duty Week Employee Compensation in the proposed Compensation and Benefits Ordinance (29-2016) 
 
I am requesting that Council adopt the Standby Pay Policy and make it a codified ordinance in Chapter 38 EMPLOYEE REGULATIONS of our Codified Ordinances.
 
  • I have supplied a copy of a Call Out Policy. It is written so that it applies to any Village Department. I also have supplied comparables table for non-Electric Departments in the area regarding Call-Back Pay and Stand-by Pay. It would take the place of Section F After Hour Call Out Pay in the proposed Compensation and Benefits Ordinance (29-2016). It includes a Section F that limits its application to full-time employees only (from the proposed Compensation and Benefits Ordinance (29-2016), but it is my recommendation that that limitation be eliminated and it apply to all employees.
 
I am requesting that Council adopt the Standby Pay Policy and make it a codified ordinance in Chapter 38 EMPLOYEE REGULATIONS of our Codified Ordinances.
 
  • As reported last meeting, AMP has requested the Village update our representatives for various projects and joint ventures we are involved in – a list of current authorized representation is attached. I have sent the various documents by e-mail. I would recommend that we are consistent in our representative. I recommend every representative “slot” be the same - the Mayor be authorized the Village’s representative, with the Administrator as a designated alternate, and the Mayor’s ability to appoint an alternate in the event neither the Mayor nor Administrator can attend. I am requesting that notices be addressed to the Administrator.
 
I have supplied a separate handout regarding what projects Brewster would currently have representation on.
 
I am requesting legislation to update the representation and notice requirements for the various AMP projects we are involved in.
 
  • Together with Mayor and Clerk-Treasurer, met with representatives from two (2) entities who are planning to supply the Village with quotes for P&C Insurance (Property and Casualty), aka known as Liability insurance. Both are seeking quotes from multiple sources.
o   Wichert Insurance, with whom we currently have a relationship. They are quoting Selective, and solicits others. Brewster pays for their “broker” services via a commission of 15% on some and 10% on other insurance coverage. They advise us based on price AND coverage/limits which insurance company (or companies) are the best. When they spoke of 3 years, it is an OPTION to renew.
o   Dawson Insurance Companies, who sometimes also represents Selective (not in our case, although commissions would be identical – controlled by company) and in our case plans to get quotes from Houston Casualty and the Ohio Municipal League.
o   Both recommended against the Public Entities Pool of Ohio (PEP), as once we have entered the risk pool the cost is undetermined as to how to get out.
 
  • Met with Thomas Borck of Poggemeyer Design Group to go over previously submitted proposals for engineering of projects for our Water Treatment Facility. We are going to receive 3 proposals, which are:
o   Replace undersized back-up generator for Water Treatment Facility. Current generator cannot run all the equipment, so we are faced with not being able to supply water in an emergency, such as an outage caused by a tornado. So if the tornado also started a fire(s) we could potentially have no water at the hydrants to fight it. They are also preparing an OPWC (Ohio Public Works Commission) application for funding via grant or/zero percent interest loan. Need Council to authorize application to District 19 OPWC tonight, as the deadline for submission is September 16, 2016 – prior to our next meeting. Undertake as soon as funds for the project are identified.
 
o   Specifications to replace the panel controls, some of which date back to the 1940s. Unknown start date at this time, but becoming ever more difficult to find parts.
 
o   Specifications to replace filter media. Unknown start date at this time, but we need to be prepared so that when we determine that it needs replaced, we can act expediently.
 
  • Renewal of Efficiency Smart will be coming up next meeting. There is a presentation scheduled for Thursday September 8th 10:00 am at the Village Hall.
 
  • I continue to review material and visit departments to become familiar with Village operations.
 
VILLAGE MAYOR: Mike Schwab
Proposed Solar Project UPDATE:
  • Option to Purchase Agreements provided to Mr. & Mrs. Miller and to Fairless School Board for their review
  • AMP Reps met with Village Officials on August 25th to review their Phase II Solar Proposal. 
A printout of the AMP Powerpoint presentation and its 09/03 update is available for Council review
  • AMP’s Phase II provides the Village with up to 4 MW of Solar with an average savings at 3 MW of between $ 22,000 - $ 27,000 annually from 2017 thru 2021, with or without hosting a Solar Field
  • May I suggest to Council that legislation be created and placed in consideration for possible Council approval prior to the AMP November 1, 2016 Solar subscription deadline?    This legislation will be in contrast with the current ordinance that approves an Exclusive Development Agreement with ARE but it does provide a second option for Council to consider
  • VA Miller and Mayor have a meeting with Supt Bidlack on Friday to introduce VA Miller and talk about Solar
  • Dave Dwyer of American Renewable Energy has offered to meet with Council at their choice of time
  • GPD Engineer Dwight Niederkofler is again reviewing the ARE and AMP proposals
  • Does Council desire any additional information?
 
Village Fall Cleanup:
  • The Spring Clean Up cost the Village $ 3200 in dumpsters & tied up three employees for four days
  • Due to the cost and manpower needs in other areas I would recommend that Fall Clean Up be curtailed for 2016
Village Liability Insurance:
  • Council will have a Third Reading to consider a one-year contract for Village Liability Insurance at their September 19th meeting
  • Wichert Insurance Reps reviewed their proposal with Clerk, VA, and Mayor this afternoon
  • Council has a copy of their proposal packet
  • Tim Ailes of Dawson Insurance is here tonight
  • Rob Beglin of USI has requested the needed information and is expected to make a proposal
Part Time Officers Kyle Vacha & Steven Hudy were administered the Oath of Office on September 1st.
 
Mayor Schwab provided a letter to Council making the appointment of Aaron Keener to full-time Patrolman Level I and requested Council approval.
 
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL FOX and motion carried to approve the recommendation of Aaron Keener as a full time Patrolman Level I pending physical, drug screen, and psychological test.  The vote: All yes.
 
Mayor Schwab would like the Zoning Board to look into strengthening the manufactured home regulations and discuss the medical marijuana issue.  Councilman Hilliard suggested looking into the gambling restrictions also.
 
Councilman Godwin requested the phone numbers for the Police Officers Village issued cell phones.  He also asked the Chief to contact a resident on West 2nd Street.
 
VILLAGE CLERK-TREASURER:Kris King
August Month-to-Date and a Year-to-Date report provided to Council.
 
The Recreation Board is recommending Thursday, October 27th for Trick-or-Treat.
 
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
August 22nd Fire District Exploration Committee Meeting Minutes.  Brewster, Beach City, and Wilmot were represented.  Councilman Hilliard stated that he was not listed as being in attendance.
 
Arts on the Boulevard on Saturday, September 24th - Clerk King reported that there are about 30 vendors signed up so far.
 
Councilman Tharp Memo concerning the proposed purchase of a Power Cot for the Village Emergency Medical service.  He asked that in his absence the following letter be read into the minutes:
 
I was invited to come down to the Fire Department to witness the COT demonstration at the BVFD with some of the medics and Volunteer Fire Fighters. Not only was I able to ask questions and see it demonstrated, but was asked to utilize the old and new equipment myself. My volunteer patient, Larry Gilkerson, got on the old COT and I was asked to put him inside the ambulance, with the help of those in attendance. It was then I realized how difficult it really was to get someone safely inside an ambulance. The safety concerns each volunteer or medic has to deal with can't be overlooked. The reality of a patient tipping off the COT is very real.
 
Utilizing the new equipment helped put things into perspective. We should concern ourselves with the potential costs of workers’ compensation, disability and other forms of costs which the Village may encounter as a result of an incident involving our COTS we currently use.
 
I urge council to do the most fiscally responsible thing and purchase two of the new COTS now. Purchasing the new COTS will allow us to utilize the grant monies offered by BWC and reduce the cost on a future ambulance purchase. After looking at the costs associated with a new ambulance, the cost of these new COTS and the risks we face with a potential injury to our volunteers/medics, the only responsible avenue we have is to retro-fit our current ambulances with these COTS.
 
After the demonstration, I stayed and discussed the possibilities with all in attendance. Our Firefighter/EMS professionals should have the best equipment possible to succeed in their jobs. I believe that this equipment and the financial advantages to this investment can only enhance the care we offer to those they serve. Please consider this and make the investment Brewster residents and the patients we care for deserve.
 
Steve 
 
 
EXPENDITURE REQUESTS from past meetings:
Fire Chief: BWC Grant - EMS Power Cots – costs presented on 08/15 were two Cots at $ 87,942 with the Village share for one cot at $ 14,248.61 plus $ 2000 each for installation.
 
REMINDERS:
                            Thursday, September 15th at 7pm – Planning Commission meeting
                        Saturday, September 24th from 11am to 5pm – Arts on the Boulevard
 
PENDING PROPOSALS FROM PAST MEETINGS:
Mayor: Council consideration of Village employee wage increases.
Mayor: Council consideration of the draft of a proposed employee wage structure modification.
 
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 FOX and motion carried to purchase one Ferno cot at a cost of $9,400 and have the track system installed in the squad for an additional $ 2,000 both from the Fire Equipment Fund.  The vote: All yes.
 
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to draw up a resolution authorizing the VA to prepare and submit application to the Ohio Public Works Commission State Capital Improvement Program for a Village Water Plant Generator Improvement Project and to execute contracts as required, and declaring an emergency.  The vote: All yes.
 
RESOLUTION 32-2016: A resolution authorizing the VA to prepare and submit application to the Ohio Public Works Commission State Capital Improvement Program for a Village Water Plant Generator Improvement Project and to execute contracts as required, and declaring an emergency was given first reading.
 
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to suspend the rule requiring three separate reading and bring the resolution forward for passage.  The vote: All yes.
 
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to pass Resolution 32-2016 as presented.  The vote: All yes.
 

COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to hold a Council of the Whole meeting to discuss the Solar Project on September 19th at 6:00pm.  The vote: All yes.

 
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to hold Trick-or-Treat in the Village on October 27th from 6:00-7:30pm.  The vote: All yes.
 
Councilman Hilliard stated a street sign at Needham and Wabash that needs fixed.  He also stated that 890 McKinley has overgrown grass that needs attention.
 
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to hire Madison Schwarzentraub as a probationary firefighter/EMT pending a physical, drug screen, and background check.  The vote: All yes.
 
“VILLAGE SPEAKS”: There were none.
 
"COMMENTS FROM THE AUDIENCE”: There were none.
 
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to adjourn the meeting at 8:37 p.m.
 
 
Respectfully submitted,
 
_____________________________________
Kris King, Village Clerk-Treasurer
 
___________________________________
Mike Schwab, Mayor