November 7, 2016 - Meeting Minutes

MINUTES

BREWSTER VILLAGE COUNCIL

November 7, 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 Mike Miller, Village Administrator (VA)

John Anthony, Village Solicitor Jim Spivey, Village Technician

Ryan Swan, Lineman

MINUTES FROM THE OCTOBER 17, 2016 REGULAR COUNCIL MEETING:

Mayor Mike Schwab asked if there were any additions or deletions to the October 17, 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 HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to accept the November 7, 2016 bills in the amount of $ 57,875.83. The vote: All yes.

AUDIENCE:

Audience in attendance: Ray Heitger, Jenny Spivey, and Ann Margaret Lambo.

CONSIDERATION OF ORDINANCES:

ORDINANCE 41-2016: An Ordinance Authorizing the Rezoning of Parcels 70-00247 and 70-00248 from B-2 (Business General) to I-1 (Light Industrial) was given third reading. Councilman Tharp asked if there were any concerns from the residents or members of the Planning Commission. Mayor Schwab stated no concerns had been expressed by either parties.

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

ORDINANCE 42-2016: An Ordinance Authorizing an Employee Standby Pay Policy was given third reading.

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

ORDINANCE 43-2016:An Ordinance Authorizing an Employee Call Out Pay Policy was given third reading.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN to bring the legislation forward for passage. Councilman Hilliard asked how this would work with water breaks. VA Miller stated it would be paid at a two-hour minimum same as it would for an electric outage or snowstorm. VA Miller also stated he would like to have Section E which prohibited part time employees from receiving the two-hour minimum pay removed from the ordinance.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to amend the ordinance by removing Section E. The vote: All yes.

The vote on the ordinance as amended: All yes.

ORDINANCE 44-2016: An Ordinance Authorizing an Employee Wage Policy was given third reading.

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

ORDINANCE 45-2016: A Resolution Authorizing the Participation in the ODOT Cooperative Purchasing Program was given third reading.

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

ORDINANCE 46-2016: A Resolution Authorizing the Mayor to Designate Village Representatives to AMP Boards was given third reading.

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

Second Reading: An Ordinance Authorizing an Employee Compensatory Time Policy.

First Reading: Authorize Adoption of Employee Cell Phone Policies. Councilman Tharp does not like the cell phone reimbursement. He would rather see the employees carry Village phones that can only be used for Village business. Councilman Tharp stated that an HR Consultant had stated this was the best way to handle the cell phones. VA Miller stated this is the first time he has ever had anyone disapprove of the allowance, either way there will be issues at some point. He also stated that the Auditor of State even recommends the allowance. VA Miller is going to provide Councilman Tharp with information on this. Councilman Hilliard wants to know what happens if someone doesn’t answer their personal phone that is receiving the allowance. VA Miller stated this will be covered in the policy. Councilman Hawk stated that when an employee is on standby they are required to answer their phones otherwise face consequences.

First Reading: Authorize a Contract Renewal with Village Prosecutor Ian Crawford.

First Reading: Authorize a Contract Renewal with Village Solicitor John Anthony.

First Reading: Authorize Agreement for RCAP GIS Services.

ORDINANCE 47-2016: An Ordinance Authorizing the OPEC-HC Employee Healthcare 2017 Renewal Rates(11/18/16 renewal date) and declaring an emergency.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to suspend the rules requiring three separate readings and bring the ordinance forward for passage. The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to pass the ordinance as presented. The vote: All yes. Councilman Hilliard asked if a consultant would be used to assist in the selection of an employee health insurance plan next year. VA Miller is already looking into it.

MUNICIPAL DEPARTMENTS:

FIRE DEPARTMENT:Chief Chris Colucy (Excused)

BWC Power Grant application awards should be known this week.

Councilman Godwin discussed counseling for those emergency responders that were at the accident at the railroad. VA Miller stated our health insurance provides services and is looking into joining a group out of Summit County for any future needs.

POLICE DEPARTMENT:Chief Keith Creter (Excused)

Chief Creter provided a monthly financial statement to Council and also emailed the October Department Report to Council and the administration. Mayor Schwab commented on how Chief Creter has refreshed the forms for both of these items.

VILLAGE SOLICITOR:Attorney John Anthony

Solicitor Anthony discussed the growing concerns of drones and how the FAA has authority over them.

There are two pieces of legislation that are once again threatening Home Rule. Senate Bill 180 forbids geographic based hiring of contractors and Senate Bill 235 inhibits the Village on local tax abatements.

COMMUNICATIONS:

AMP Scholarships: Lyle B. Wright 2017 Scholarship – Four $2,500 scholarship for seniors whose family is provided electricity from an AMP community; and Richard H. Gorsuch 2017 Scholarship – Four $2,500 for seniors whose parent works for an AMP community electric utility; information will be provided to Fairless Schools.

VILLAGE ADMINISTRATOR:Mike Miller

Administrator’s report for period 09/17/2016 thru 10/3/2016:

Leaf pick-up in the Village has begun.

The Electric Department has removed the old power poles on McKinley that other entities have removed their wires from. We are working on getting the applicable utility(s) off the remaining poles so those can be removed as well.

We continue to work with RCAP to set up training on the GIS Inventory use and upkeep, which will be finalized once Council approves legislation to participate in the GIS Cooperative, and to get more current information on both projected maintenance/upkeep costs as well as a capital improvement plan to them before they can finalize their Wastewater Rate Study.

I distributed a new informational sheet regarding Fences, Walls, and Hedges to Council. As Council is aware, I plan to develop informational sheets for the common issues for which residents apply for zoning certificates. As I indicated previously, we plan to have informational sheets on various subjects available to our residents both in the office and online.

We have met with a number of Engineering firms in an effort to expand the number of Engineering Firms we potentially have available for future projects. One of the reasons is to foster a more competitive process, which should result in getting a lower cost.

We have moved on to the next step in the process of submitting to a number of Engineering firms a proposed scope of services for replacement of filter media at out Water Treatment Facility. Replacement of the filter media is one of the future projects that is part of the Water Department’s Capital Improvement Program (CIP). The firms are to respond to the request by December 2, 2016 and at that time we will review the responses.

As an aside, we are identifying both short term and long term projects not just in Water but also in Wastewater and Electric so that there is a CIP developed for each to allow for better budgeting.

Recently an issue came up regarding our Sick Leave Policy, specifically regarding increments of use. After some discussion of the implications of various different minimum increments of use, we are recommending that the minimum increment of use be reduced from one-half (1/2) day to one-half (1/2) hour. This minimum use increment is the same as what we have for compensatory time.

I have also made a number of other changes, most of which are to have our language match the language in the Ohio Revised Code and/or Ohio Administrative Code and/or to cover areas that not currently addressed by our policy. It does not address payment for sick leave upon retirement or resignation. That portion of the current sick leave policy will be addressed in a separate policy.

I am requesting that Council adopt the 4.01 Sick Leave Policy and make it a codified ordinance in Chapter 38 EMPLOYEE REGULATIONS of our Codified Ordinances on a non-emergency basis.

In continuing to address various policies in the proposed Compensation and Benefits Ordinance (29- 2016), I have drafted two (2) separate policies that “replace” Section 7 Instructional Period.

The first is 2.15 PROBATIONARY PERIOD – INITIAL APPOINTMENT, which I previously provided to Council. It covers probationary issues for newly hired employees.

The second is 3.27 PROBATIONARY PERIOD – PROMOTION, which I previously provided to Council as well. It covers probationary issues for current employees that are promoted to another position.

I am requesting that Council prepare legislation to adopt both 2.15 PROBATIONARY PERIOD – INITIAL APPOINTMENT and 3.27 PROBATIONARY PERIOD – PROMOTION and make them codified ordinances in Chapter 38 EMPLOYEE REGULATIONS of our Codified Ordinances on a non-emergency basis.

As I have previously informed Council, we need to replace the undersized back-up generator for Water Treatment Facility. The 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.

We received two (2) quotes from Electrical Contractors to move the decommissioned generator from the Wastewater Treatment Plant to the Water Treatment Facility. One (1) of the two (2) was quite a bit lower, so to assure that we are comparing apples to apples, we have GPD (Dwight Niederkofler) reviewing the scope of services to assure that the lowest quote is completing all the work that needs done.

We have received a request from Brewster Cheese for a zoning change from residential (R-1) to Industrial for parcels 7001558 and 7001556 located at 842 South Wabash. I am submitting it so that Council can forward the request to the Village Planning Commission.

One (1) of the two (2) contractors who have been engaged to remove dead and/or hazardous trees completed the removal of eight (8) large trees, and concurrently ground out the stumps. To save money, Village employees will remove the grindings and restore the surrounding areas as time allows this Fall. The other contractor is scheduled to come in a few weeks to remove another six (6) trees and grind those stumps. Councilman Hilliard asked the names of the tree companies: Berens and Davey Tree. VA Miller explained how he bid it out as a project and also as individual trees.

Councilman Tharp stated he had a resident express concern about what looks like an old farm tank in the back yard of a resident on Main Street West. VA Miller stated the resident intends to turn it into a play structure and that he is reviewing to see how it fits into the Village Zoning Code. He also added that if it appears that the tank had been used to store chemicals he would ask for County agencies review.

VILLAGE MAYOR: Mike Schwab

1. AMP Solar Project Phase II UPDATE:

· AMP has been advised of the Village’s desire to subscribe to up to 4 MW of solar electricity through their Solar Phase II Project

· AMP Representatives have expressed an interest in purchasing property adjacent to Brewster as a host solar site

· We will set up meetings in late November with area property owners and AMP Representatives to discuss AMP’s purchase of property for an AMP Solar Phase II site

· Details of any Village involvement will be presented to Council for their consideration

· American Renewable Energy/Dave Dwyer has been advised of Council’s decision to participate in AMP Solar Phase II. Dwyer has provided an eleventh hour proposal for a flat $ 0.065/KW fee for 25 years

2. Trees in Village

· Chapter 91 of the Village Ordinances outlines the current Village approach to trees within the Village (Council hard copy)

· Section 91.06(I)(1) requires that any tree removed by the Village shall be replaced somewhere in the Village within one year after removal. This would include diseased & hazardous trees as well as trees removed by the Village electric utility to provide line clearance

· VA Miller plans to replace trees this month at several 2016 removal sites

· Suggest that a Tree Fund be established and funded quarterly by the General Fund and the Electric Fund. The General Fund contribution is to replace diseased/hazardous Street Trees and the Electric Fund contribution would be to replant trees removed under the Electric Utility Tree Maintenance Program

3. Hillview’s Private Sewer Facility

· On 11/18/2016 a hearing in the County Common Pleas Court will be held to revisit the Consent Decree for the Hillview Sewer system established by retired Judge Brown (07/02/ 2010)

· Ohio EPA is represented by the Ohio Attorney General’s Office

· Mayor has been asked to testify, and has met with Village employed Attorney Greg Beck and will meet with AG Attorneys this week

4. Pending Prosecutor and Solicitor Contracts Renewal Legislation

· Council will be asked to consider the renewal of these measures under Emergency on November 21st to allow that legislation to be effective by January 1, 2017

5. 201 McKinley Apartment Building (northwest corner of W. Main & McKinley)

· Building that appears to be sinking and became vacant per a directive from the County Building Department

· Dave and Abby Garber, the adjacent property owners, have purchased the property and plan to have the building razed; Thank you Dave and Abby !

6. Stark County Ballot Issue 2

· I would like to thank members of the Brewster Citizens Committee that worked on presenting the Village Income Tax Issue to the Voters

· I would especially like to thank Councilman Steve Tharp that headed the Committee and organized their efforts and provided the bulk of the work on campaign signs and mailings. Councilman Tharp thanked Mike Schwab, Mike Miller, Kris King, Dave Godwin, and Paul Mackey for their assistance with in getting information out to the public.

· Please remember to vote.

VILLAGE CLERK-TREASURER:Kris King

October and year-to-date financials have been provided to Council and Administration.

The Rec Board reported they spent $ 235.27 for the Halloween Party. Thank you to NAPA Auto Parts for donating the bottled water.

The Village Children’s Christmas party is scheduled for December 14^th from 6:30 – 7:30. The Rec Board is requesting up to $700.00 for expenditures. It will be held at the Fire Station.

If Council wishes to get turkeys and hams for the employees this year, I will need to let Belloni’s know.

Year-end legislation:

Supplemental Appropriations
General Transfer
Temporary Appropriations

Notes to the Financial Statements: I would like permission to contract with Charles E Harris & Associates to complete our Notes to the Financial Statements for 2016 at a cost of $400, and for 2017 and 2018 for $375 respectively.

Open enrollment for our health insurance plan is December 1^st through December 31^st.

Councilman Fox asked the employees in the audience if they wanted a turkey for Thanksgiving and a ham for Christmas. It was stated that it was appreciated.

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

Request a Meeting of the new Fire/EMS Financial Committee – members Councilmen Hawk & Tharp, Fire Chief Colucy, and Mayor; (Handout – FYI) from Ohio Billing: EMS Billing Fee Schedule Comparison spreadsheet

EXPENDITURE REQUESTS from past meetings:

None.

REMINDERS:

November 17th at 7 pm Planning Commission Hearing – Medical Marijuana Ban

PENDING PROPOSALS FROM PAST MEETINGS:

Mayor: Council consideration of Village employee wage increases

Ban Medical Marijuana Cultivation, processing, testing, and dispensing in all Zoning Districts – Issue to be reviewed by Planning Commission on November 17^th; recommendation to Council to be made.

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 GODWIN and motion carried to forward the zoning change request from Brewster Cheese for a zoning change from residential (R-1) to Industrial for parcels 70-01558 and 70-01556 located at 842 South Wabash to the Village Planning Commission. The vote: All yes.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to create legislation for the 2016 Supplemental Appropriations. The vote: All yes.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to create legislation for a General Fund Transfer. The vote: All yes.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to create legislation for the 2017 Temporary Appropriations. The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to schedule a Fire/EMS Financial Committee meeting on Monday, December 12^th at 6:30pm. The vote: All yes.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to contract with Charles Harris and Associates for the preparation of the 2016 Notes to the Financials at a cost of $400 and the 2017 and 2018 Notes to the Financials at a cost of $375 respectively. The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to authorize the Clerk to purchase turkeys for Thanksgiving and Hams for Christmas for the employees. The vote: All yes.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to accept the budget of not to exceed $700 for the Recreation Board’s Children’s Christmas party. The vote: All yes.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to create legislation to adopt a Sick Leave Policy and a Sick Leave Pay-Out Policy as presented by the Village Administrator. The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to create legislation establishing a Tree Fund that is funded by the General Fund and the Electric Fund. The vote: All yes.

COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to create legislation to adopt a Probationary Period-Initial Appointment policy and a Probationary Period-Promotion policy. The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to create legislation for a wage increase of 2% effective January 1, 2017. Councilman Hilliard stated that the increase in health insurance is their raise. VA Miller stated that the insurance is costing the Village less this year than last year due to the elimination of the ADR with the Ohio Public Employees Consortium. Councilman Mackey would like the administration to put together a compensation plan. VA Miller discussed making it 2% retro to the beginning of the year. Councilman Mackey stated he could not make that motion because he made it once and it didn’t pass. The vote on the motion: Fox, yes; Godwin, yes; Hawk, yes; Hilliard, no; Mackey, yes; Tharp, yes. Motion passed.

“VILLAGE SPEAKS”:

None.

AUDIENCE COMMENTS:

None.

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to adjourn the meeting at 8:15 p.m.

Respectfully submitted,

____________________________________________________

Kris King, Village Clerk-Treasurer

____________________________________________________

Mike Schwab, Mayor