October 3, 2016 - Meeting Minutes

MINUTES
BREWSTER VILLAGE COUNCIL
October 3, 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             Steven Tharp, Jr., Council Member
 
VILLAGE OFFICIALS/EMPLOYEES PRESENT:
Kris King, Clerk-Treasurer                    Keith Creter, Police Chief        
John Anthony, Village Solicitor             Nathan Taylor, Police Detective
Mike Miller, Village Administrator (VA)
 
MINUTES FROM THE SEPTEMBER 19, 2016 REGULAR COUNCIL MEETING:
Mayor Mike Schwab asked if there were any additions or deletions to the September 19, 2016 Council meeting minutes. 
 
COUNCIL MEMBER THARP 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 October 3, 2016 bills in the amount of $ 121,438.50.  The vote: All yes. 
 
AUDIENCE:
Audience in attendance: Cindy Mackey, Mary Damewood, Jay Huff, Kathy Loretto, Linda Taylor, Sarah Dugay, and Ann Margaret Lambo.
 
Jay Huff, 756 McKinley Ave, asked if the Village was still part of the Efficiency Smart program through AMP.  He thought he remembered it was a cost of 2-2 ½%.  He recently contacted them and they are not collecting refrigerators, heat pump, furnaces, washers, etc., only dryers.  He doesn’t feel the Village should be part of this because they are doing nothing for the Village.  Councilman Tharp asked the VA what the benefits of being part of the program are.  VA Miller stated the cost is ½ %.  He also stated that the high performance appliance pick-up occurs off and on.  The VA will give Mr. Huff and Council a list of the benefits of the program.  He stated the program helps reduce the peaks in power which help to reduce increases to our residents.  Mr. Huff stated he feels that Council could come up with better ways to reduce residents’ power bills.
 
CONSIDERATION OF ORDINANCES:
ORDINANCE 37-2016: An ordinance authorizing the installation of Visually Impaired Area signs on Village streets as needed was given third reading.
 
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN to pass the ordinance as read.  Councilman Hilliard asked if this would allow the VA to place signs as needed.  He also asked if this would permit handicap parking signs as needed.  Solicitor Anthony stated this would allow safety signs but signs that when enforced had a fine still needed a separate ordinance.  The vote: All yes.  Motion passes.
 
Second Reading: A Resolution setting the Amounts and Rates and instructing the Clerk to submit to the County Budget Commission.
 
First Reading: An Ordinance Authorizing the Rezoning of Parcels 70-00247 and 70-00248 from B-2 (Business General) to I-1 (Light Industrial).
 
First Reading: An Ordinance Authorizing an Employee Standby Pay Policy.
 
First Reading: An Ordinance Authorizing an Employee Call Out Pay Policy.
 
First Reading: An Ordinance Authorizing an Employee Pay Policy.
 
First Reading: A Resolution Authorizing the Participation in the ODOT Cooperative Purchasing Program.
 
First Reading: A Resolution Authorizing the Mayor to Designate Village Representatives to AMP Boards.
 
First Reading: A Resolution Authorizing the Village to Participate in the AMP Phase II Solar Project at 4MW.
 
First Reading: An Ordinance Authorizing a Ban on the Growing, Processing, Distributing, and Sale of Medical Marijuana.
 
MUNICIPAL DEPARTMENTS:
FIRE DEPARTMENT: Chief Chris Colucy (Excused)
Tanker #154 is repaired and has passed the pump test. 
 
Pumper #158 will go out this week to get seals and pump repacked.  It has been leaking for some time and is getting worse. 
 
Asst. Chief Jen Mohler has submitted a BWC Power Cot Grant application for two cots per Council’s instructions.
 
POLICE DEPARTMENT:Chief Keith Creter
The September Activity Report was submitted electronically to Council.  The Chief reported that there were 524 calls in September with a total of 3,806 year-to-date.  Councilman Tharp asked the Chief to explain the spike in calls.  Chief Creter reported that part of the spike is from increased services offered by the department and a better recording system.  He stated that crime has increased by not as much as the report portrays.
 
The State mandated continuing Police training has been increased to 20 hours per officer for 2017.  The continued professional training will cover critical topics and the charge will be $220 per officer.  Some reimbursements will be available.
 
“Fill the Cruiser” is going to be called “Fill the Safety Vehicles” so as to include the Fire Department Emergency Response Vehicle too.  Both vehicles will be parked in front of Belloni Foods on October 29th from 9 am to 5 pm to load up with groceries for the Fairless Food Cupboard.
 
Mayor Schwab provided a letter to Council requesting the approval of the appointment of Detective Nathan Taylor to the position of Captain.  The position had been advertised internally Sept. 3rd – 7th with two officers applying.  An Interview Committee comprised of VA Miller, Mayor Schwab, and Chief Creter interviewed the officers and awarded the position on merit and the ability to assist in day-to-day functions of the Police Department.  Councilman Tharp asked if Taylor would also continue working as a detective.  Chief Creter stated he will continue as Lead Investigator as well.
 
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to approve the Mayor and Chief’s recommendation that Officer Taylor be appointed Captain in the Brewster Police Department.  The vote: All yes. 
 
Mayor Schwab provided Captain Taylor with his Oath of Office.
 
Councilman Hilliard thanked the Police Department for the excellent job they are doing with traffic after the football games.
 
 
VILLAGE SOLICITOR:Attorney John Anthony
Ohio Medical Marijuana Law – Solicitor Anthony provided Council with draft legislation for the ban on the growing, the processing, the distribution, and the sale of the product within corporation limits.  He stated this will be considered a Zoning Ordinance because it has to do with land use.  It will have to go to the Planning Commission and a Public Hearing will be scheduled.
 
John Barkan has dropped off the information that Council had requested concerning the Human Resource Project he was hired to prepare.
 
Solicitor Anthony informed Council on ordinances involving land use and the process that was required for passage.
 
COMMUNICATIONS:
Stark County Commissioners: 2017 Municipal Road Fund Application due by 12/31/2016; Reminder: $20,000 allotted in 2016 was rolled over for paving Elton from SR 93 to Browndale.
 
Stark County Recorder: Meeting at Lion’s Club Theater at 10 am on 10/19 to present information             about the State of Ohio US Veterans Identification Card.  Councilman Fox already has one.
 
VILLAGE ADMINISTRATOR: Mike Miller
 Administrator’s report for period 09/17/2016 thru 10/3/2016:
The projected price of $33.81was struck based on AMP’s recommendation for our remainder purchase of electricity approved by Council at our September 19th meeting. This purchase covers the growing gap we would have to purchase via “spot” pricing, where we would be subject to rising prices could rise, affecting our rates and customers. This purchase is at a lower rate than what we paid last year for purchase of 2MW.
 
The purchase is structured differently. I will have a full report on how it is structured.
As previously reported, in response to our advertisement for Utility Technician we received 20 applications. We narrowed the number to be interviewed to 4 and completed the interviews last week. We will be doing background checks in the coming weeks.
 
I together with staff investigated the purchase of our own large self-propelled walk behind saw for road cuts. A purchase would avoid the need to rent a large self-propelled walk behind saw or hire for saw cutting large projects. I sent a detailed e-mail, that in summary states that my recommendation is to continue to explore prices and our options until we have to make a choice next Spring when we are ready to replace the second water line under the underpass on Wabash North. At that time, we can make a final decision as to whether to purchase a large self-propelled walk behind saw, rent one for our use, or again hire a contractor to cut the trench for us.
 
I have supplied a copy of a Compensatory Time Policy. It would take the place of Section 9 H Compensatory Time in the proposed Compensation and Benefits Ordinance (29-2016).
 
I am requesting that Council adopt the Compensatory Time Policy and make it a codified ordinance in Chapter 38 EMPLOYEE REGULATIONS of our Codified Ordinances on a non-emergency basis.
 
The set of proposed policies for Village cell phones has been completed, and has been distributed.
 
They are a series that interact.
  • The first (7.04) is the methodology for employees of the Village to be issued a cell phone. (also an approval form)
  • The second (7.05VI) is the methodology for an employee to be issued a Village owned phone
  • The third (7.05A) is the methodology for an employee to be paid a cell phone allowance
  • The forth (7.06) are the rules for use of either a Village issued cell phone or a cell phone that is partially paid for by a Village cell phone allowance.
 
In essence, the determination of how an employee is either issued a Village cell phone or is paid a cell phone allowance is the same. Similarly, the rules for use of a Village issued cell phone or is cell phone for which an allowance is paid is the same.
The most effective way to settle the debate about whether to continue to issue employees a Village owned cell phone or pay an allowance is to NOT choose (at least initially). By beginning to offer the option to receive a cell phone allowance, most employees will decide on their own that they would rather receive an allowance than carrying two (2) phones (Village rules on use and IRS regulations on “taxing” make personal use of a Village issued cell phone burdensome to say the least). So, at some point in the future, we may reach the point where we eliminate Village issued cell phones and/or we can require new employees to take the allowance route.
In other jurisdictions that I have worked in, this approach worked well. I am not
expecting Council to discuss or take action on these policies until the October 17th
meeting.
 
A walk through was completed on Thursday September 8th of Village facilities with Efficiency Smart to find ways to save on energy consumption/costs. They have submitted a report on their findings, which I have forwarded to the respective Departments and Council. The report is being reviewed to determine which of the recommendations make sense from a cost/pay-back stand point, and in what order we believe is the best to implement those recommendations.
 
We continue to explore the most economical methods to address the back-up generation issue at the Water Treatment Facility.
 
We recently had an inspection completed on the north water tower. The inspection company made the following finding:
 
1. There are a number of items needed to bring the tower up to safety standards to work on and access the tower (needs done PRIOR to either inside or outside painting)
2. The inside of the tank needs painting (next few years)
3. The outside of the tower needs touched up soon, and eventually painted as well
 
We will be reviewing these items and incorporating them into a capital improvement plan for water.
 
In continuing the review of the condition of Village streets what method or methods we can use to maintain them, one additional option being explored is chip-and-seal. Because of tight budgets, the City of Canton has incorporated chip-and-seal into its methods of maintaining streets so that they do not deteriorate to the point they have to completely rebuild a road which is cost prohibitive. While this method is not a normal approach to Village streets, we need to at least explore it based on our current financial status in that fund.
 
Councilman Fox had reviewed the Compensatory Time draft and asked for clarification on several matters.
 
Councilman Hilliard reported that the area of Elton that wasn’t redone is in really bad shape.  VA Miller discussed how the County had ground 1 ½ inches and then chipped and sealed the road and then asphalted farther up outside of Village limits.  He wants to see how that works out this winter and then see if that is what we want to do on our section of East Elton.
 
VILLAGE MAYOR: Mike Schwab
1.         Proposed Solar Project UPDATE:
  • Tabled “Option to Purchase Agreements” legislation                                                                 
one property owner has advised that he is not interested, and the other property owner advises that it is not necessary
  • Tabled “Exclusive Development Agreement” with American Renewable Energy legislation
VA, Councilman Mackey, and Mayor met with Dave Dwyer of ARE on 09/22 to review ARE’s proposal.   Information provided for a Solar Field and Energy Storage proposal.   A spreadsheet was provided comparing the ARE numbers to the AMP Phase II proposal (Council copy)
Dwyer advises that he is available to meet with Council at their convenience
He also advises that he requires the Development Agreement to provide costs
  • Pending legislation - AMP Solar Phase II Project must be approved prior to November 1
The language provides that Brewster has two options:
                        1.         host solar field & subscribe to up to 4 MW of solar energy          OR
                        2.         subscribe to up to 4 MW of solar energy
 
2.         Ambulance Cots: Information from Asst. Fire Chief Mohler
 
As directed by Council on 09/19, Asst. Chief Mohler has applied for a BWC Grant for two Ferno Power Cots.   She provided the following costs to clarify the Village’s share
 
Purchase of 1 Ferno cot:             Cot Price                      = $ 37,600
                                                BWC Grant breakdown = $ 37,600/4=$9,400
                                                BWC will pay ¾                       = $ 28,200         
 
                                                Village would owe ¼    = $9,400 plus $ 2000 installation fee
 
Purchase of 2 Ferno cots:          Cot Price $ 37,600 X 2  = $ 75,200
                                                BWC Grant maximum  = $ 40,000 
                                                Village share                = $ 35,200 plus $ 4000 installation fee
 
3.         Applications have been submitted to renew the Joint Waste Management Grants for Yard            Waste and Recycling Centers       
 
4.         Sidewalk Infrastructure
  • Winter Project to formulate a planned approach
  • Sidewalk Capital Improvement Fund (08/30/2016) Balance - $ 7500.00
  • Quarterly Transfer = $ 1500.00
  • Year End Fund Balance = $ 10,500.00  
 
Mayor Schwab has submitted application for the Yard Waste and Recycling Center.  Councilman Godwin stated he spoke to Bill Smith of Canton Township and he received money for paving their lot to be paved.  Mayor Schwab is looking into grants to make ours larger.
 
VILLAGE CLERK-TREASURER:Kris King
September 20th-October 3rd, 2016 Report
 
September and year-to-date financials have been provided to Council and Administration.
 
Fire Pay for September = $ 5,213.57.
 
Trick-or-Treat will be on Thursday, October 27, 2016 from 6 – 7:30pm.  The Halloween Party and judging contest that will be at the gazebo behind the Moose at 8pm.  There will be cider and donuts for everyone.
 
Arts on the Boulevard was held on Saturday, September 24th from 11:00am to 5:00pm.  We hadover 40 vendors displaying.  The weather turned out to be another beautiful fall day. The musician Danny Clark was sponsored by Brewster Cheese.  I still have t-shirts from the event available at Village Hall.  Any profits from the shirt sales will be donated to the Fire Department.
 
The Fire Department’s new vehicle title has been corrected and the assessment has been removed from the Village.
 
The Drug-Free Safety Program (DFSP) Annual Report is complete with the exception of a letter from the testing consortium.  The person in charge is on FMLA and I am waiting to hear from the doctor in charge.  We currently have one open case.
 
I have training Wednesday, October 5th through Friday, October 7th.  I will be available by cell phone or email during breaks.  Minutes from tonight’s meeting will probably not be available until next week.
 
The Village received a rebate check of $1,200 from Efficiency Smart for the recent completion of energy saving improvements.  This was from the December 2015 application for an LED Street Lighting Project.
 
Flu shots will be available at Village Hall on October 12th from 11 to noon.  Residents are welcome.  Cost is $28.00 per shot.
 
Asst. Clerk Cunningham has been working with Infinite Graphics for signage for the upcoming “Fill the Safety Vehicle” food drive that will take place on October 29th from 9am until 5pm in front of Belloni Foods.  The donations will go to the Fairless Food Cupboard.  Please remember those struggling in our community and help make this a successful event.  Donations can also be dropped off at Village Hall during business hours.
 
I recently had a meeting with PNC.  They would like to meet with members of our Finance Committee in the near future to go over a comparison of what we have with Huntington and what they can offer.  Anyone wishing to hear their presentation please let me know when would be a good time.
 
I would like to thank the F.A.T.H.E.R.S. organization for the Heroin Awareness sign.  Our citizens need to be aware of this growing epidemic.
 
Councilman Hilliard thanks Clerk King for organizing the Arts on the Boulevard event this year.
 
Councilman Tharp asked if the clerk could post on the website that the minutes would not be available until next week.
 
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. Meeting w/Dave Dwyer of American Renewable Energy (Council copy of handouts)
2. Minutes from Solar Meeting from September 19.
3. REPORT TO COUNCIL: HR Consultant John Barkan has supplied copies of the documents that he had possession of. 
 
EXPENDITURE REQUESTS from past meetings:
 
REMINDERS:
                            October 10 and 6:30 pm Council of the Whole Meeting – Finances
October 12 at 11 am – Flu Shots available at Village Hall – Cost $ 28 to non-employees          
 
PENDING PROPOSALS FROM PAST MEETINGS:
Mayor: Council consideration of Village employee wage increases
 
Legislation TABLED at Third Reading on September 19, 2016:
            Authorize an Exclusive Development Agreement with American Renewable Energy
            Authorize Option to Purchase Agreements for Property for Proposed Solar Project
 
OPEC-HC Renewal 01/01/2017:        Option 1 – 12.4% increase;
                                                            Option 2 – 6.2% increase & $ 1000/month/employee
            VA has provided Council with a spreadsheet that outlines cost for each
 
From VA: Employee Compensatory Time Policy (emailed to Council by VA)
 
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 THARP and motion carried to donate $1,000 to the Fairless Food Cupboard’s annual toy drive.  The vote: Mackey, yes; Tharp, yes; Fox, yes; Godwin, yes; Hawk, yes. Hilliard, abstain.  Motion passes.
 
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carries to pay the fire wages at a cost of $5,213.57 from the Fire Fund.  The vote: All yes.
 
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to direct the VA to apply for the 2017 Municipal Road Funds for what he deems necessary and appropriate.  The vote: All yes.
 
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to create legislation for an employee compensatory time ordinance based on the draft provided.  The vote: All yes.
 
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to send the proposed ban on medical marijuana to the Planning Commission and schedule a Public Hearing on November 7th at 6:30 pm.
 
Councilman Hilliard asked if the residents would have their flu shots submitted to the insurance company.  Clerk King stated the resident would have to file the form for themselves.
 
“VILLAGE SPEAKS”:
Councilman Tharp was asked to have someone look at the corner of East Harmon and Wabash Ave. 
 
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER Mackey and motion carried to adjourn the meeting at 8:05 p.m.
 
There were no comments from the audience.
 
Respectfully submitted,
 
____________________________________________________
Kris King, Village Clerk-Treasurer
 
____________________________________________________
Mike Schwab, Mayor