May 16, 2016 - Meeting Minutes

MINUTES
BREWSTER VILLAGE COUNCIL
May 16, 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                        Steven Tharp, Jr., Council Member     
 
VILLAGE OFFICIALS/EMPLOYEES PRESENT:
Kris King, Clerk-Treasurer                               Dan Klein, Interim Village Administrator
Police Capt. Keith Creter                                Fire Chief Chris Colucy
Paramedic Scott Borojevich                
 
MINUTES FROM THE MAY 2, 2016 REGULAR COUNCIL MEETING:
Mayor Mike Schwab asked if there were any additions or deletions to the May 2, 2016 Council meeting minutes. 
 
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD 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 bills for the amount of $ 239,546.34.  The vote: All yes.
 
AUDIENCE:
Dave Caldwell, 326 Park Drive SE, attended the meeting to introduce himself as a new resident of Brewster.  Council and the Mayor welcomed him.
 
Jay Huff, 756 McKinley SW, requested a copy of the presentation that was made earlier in the evening by GDP Engineering on the Solar Field Project.
 
Audience in attendance: Ray Heitger, Louie Carroll, Cindy Mackey, Bryan and Stacey Jewell, Dave and Tracy Smith, Amy Daniels, Keith Stroud, Darrell Appleby, and Ann-Margaret Lambo.
 
GUESTS:
Kaycee Jewell of Boy Scout Troop 301 out of Beach City presented his plan for his Eagle Project.  He would like to construct three sets of roofs over baseball dugouts.  The materials required are treated wood and metal for the roofs at a cost of approximately $650 per field.  Beach City Village is sponsoring the field in Beach City.  Kaycee is requesting Brewster Village to cover the cost of the dugouts at the Denny Gehring Memorial Field.  Kaycee is a lifelong resident of the Village of Brewster and a student at Fairless High School.
 
CONSIDERATION OF ORDINANCES:
Second Reading: An ordinance authorizing a November 2016 ballot issue to increase the Village Income Tax to 1.5%.
 
Second Reading: A resolution authorizing the submittal of a November 2016 ballot issue to the electors to increase the Village income tax to 1.5%.
 
Second Reading: Authorize Change Order #3 for Sweetwater Pump Station Project in the amount of
$ 2439.84.
 
First Reading: Authorize the rezoning of Brewster Cheese parcels on E. Seventh Street.
RESOLUTION 15-2016: A resolution authorizing participation in ODOT Contract for Winter Road Salt and declaring an emergency.
 
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to suspend the rule requiring three separate readings and bring the legislation forward for passage.  The vote: All yes.
 
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to pass the resolution as read.  The vote: All yes.
 
Tabled At Third Reading:
An Ordinance authorizing a Power Purchase Agreement for a Behind the Meter Solar Energy Project. 
 
MUNICIPAL DEPARTMENTS:
FIRE DEPARTMENT: Chief Chris Colucy
Chief Colucy gave a review of the middle school fire.  He and Paramedic Borojevich stated that if the lightning had struck at a different time that they probably would have lost the school to the fire.  As it was, the fire was contained and exterminated in the roof with limited damage.  The department was even able to cover the new computers that were located in the room below saving thousands of dollars.  Mayor Schwab thanked the department for their quick response.  Councilman Godwin stated he appreciates the responders.
 
The department is looking at a future purchase of 12 new airpacks.  The airpacks have a life expectancy of fifteen years and are ten years in.  They recently had testing on their air bottles and four did not pass.  The cost of 12 new airpacks is between 60 and 100 thousand dollars.  The air bottles range from $5,100 to $7,200 per bottle.  The three big trucks are going to be taken for DOT inspection and having their fluids changed.  They will be pump tested after the festival.
 
The insurance for the festival has been purchased.  The Certificate of Coverage listing the village will be turned into the Village Clerk once received.  The Firemen’s Association is requesting a $2,500 donation for fireworks again this year.
 
Paramedic/Firefighter Scott Borojevich passed his Fire Training Instructor course.  Soon he will be able to teach.
 
POLICE DEPARTMENT:Captain Creter (Chief Harry Porter on Leave)
Senate Bill 301: This would affect our part time and auxiliary officers.  Capt. Creter will have more information at the next meeting.
 
Would like to send Officer Benny Truman to School Resource Officer (SRO) training in Columbus for a week.  The cost for the class is $390 plus lodging and meals for the week.  Capt. Creter would like to set up a meeting with the Mayor and Supt. Bidlock over funding an SRO five days a week.
 
VILLAGE SOLICITOR:Attorney John Anthony
Brief discussion on a recent case regarding email correspondence decided by the Ohio Supreme Court.  It states that when a majority of a governing board are involved in emails that lead to legislation, the emails are public record.
 
The revised purchase agreement involving the improvement of the drainage with the Fairless School Board will not be taken before the board until the June meeting.
 
The Fifth District Court of Appeals has ruled in favor of the Village in the Walker Litigation and the companion case had been stayed pending this case.
 
John Barkan has received the letter that Council had requested Solicitor Anthony prepare and send concerning the 18 months of work for which Mr. Barkan had received payment.  Mr. Barkan told Solicitor Anthony that he is preparing his response.
 
COMMUNICATIONS:
Brewster Cheese Letter: requesting that Council consider their Rezoning proposal as emergency legislation on June 20th.
 
From AMP (info emailed to Council on May 4): through a Third Party (IGS Energy Home Services) AMP is offering its members the ability to offer to its utility customers utility protection services for gas, water, electric, and sewer lines.
 
Stark County Sheriff: National Click It or Ticket Campaign from May 23 to June 6.
 
INTERIM VILLAGE ADMINISTRATOR: Dan Klein
Streets:
  • Continuing crack sealing – weather permitting
  • Provided quotes for fixing/replacing the lights on Field #3
Water:
  • Working with the Sewer Department during Supt. Pepper’s sick leave.
Sewer:
  • Working with the Water Department during Village Technician Klein’s light duty work schedule.
  • Looking into having a pole building for storage.  Have a quote for $22,000 for construction and materials for a building with steel siding and roof.  Also have a quote for $10,500 for the concrete work.  It could be used to store equipment for all the departments.
Electric:
  • Overseeing the McKinley Line Project along with some pole line maintenance.
  • Requesting Council move on the quote of $8,000 from Beren’s for the stump removal of 41 stumps from trees removed that are considered too close to the power lines.  The quote also includes 9 Village trees that were removed and charged to the General Fund.
 
Please provide the VA with any properties that are overgrown.
 
Council Member Hilliard wanted to know why the Electric Department couldn’t fix the ball field lights.  VA Klein stated they are linemen not electricians.  Councilman Hilliard asked who had the keys to the light boxes and if the lights were a safety issue.  Councilman Godwin stated the coaches that use the field have keys and the lights were currently not a safety issue.  Councilman Hilliard asked if the removal of poles was being looked into on McKinley and other areas.  VA Klein stated they cannot move pole until Frontier and MCTV get all their lines transferred off the poles.
 
VA Klein is trying to contact owners of overgrown properties before sending out the weed letters.
 
VILLAGE MAYOR: Mike Schwab
  1.        Proposed Solar Project UPDATE:
  • GPD made a presentation to Council tonight.
  • Dave Dwyer of American Renewable Energy and Power LLC solar field proposal will be here at 6:30 on May 23rd to make a review of their proposal at a Council of the Whole Meeting.
  • Surveyor’s plat drawing and legal descriptions have been provided to the Millers and Fairless 
  • Millers have been advised to farm their 12 acres in 2016, if they so desire.
  • I am working with Eric Downing of the US Army Corp to acquire an access easement across Corp property.
  • The legislation for a Power Purchase Agreement was tabled at Third Reading on 02/01/2016
  • Does Council desire any additional information?
2.         McKinley Street Electric Line Project UPDATE:
  • Work is progressing.  The contracted completion date is June 13
  • As mentioned on May 2nd the project includes the crossing of the W & LE tracks from South to North.   This line is the main feed to Shearers and the backshop, and to make the crossing safely an outage of approximately four hours will be required for those two customers.
  • The outage has been coordinated with the W & LE and Shearers for Sunday, May 22 from 10 am to 2 pm              I expect that this Sunday work will result in a Change order from contractor.
  • Does Council desire any additional information?
3.         W. Elton Street Chip & Sealing Proposal UPDATE:
  • Stark County Engineer will chip & seal this roadway outside of the Village limits in July.  County Engineer advises that Melway Paving Company has been contracted by the County for the work. 
  • Melway Paving Company has provided a quote of $ 14,786.60 for chipping and sealing W. Elton within the Village corporation limits.  Village crews will need to prepare surface by patching cracks and potholes.
  • Chipping and sealing is only a stop gap measure to slow road degradation.  It is not intended to replace grinding and repaving which is preferred.   Council was advised at last meeting that aquote would be available on May 16th for consideration (Council copy).
  • Does Council desire any additional information?
  1. ODOT Grinding of 200, 300, & 400 blocks of N. Wabash Avenue:
  • Contacted Joe DeFuria of ODOT District 4 who coordinated the grinding of a buildup of asphalt patches in the southbound lane of 200, 300, & 400 blocks of N. Wabash Avenue.
  • ODOT Crews coordinated with Supt. Patterson to grind down to the initial trench repair surface – concrete.
  • VA Dan Klein worked with Supt. Maybaugh to purchase an attachment for the Village Bobcat excavator to repair the newly created trench; repair will be made after crack sealing is completed
  • Does Council desire any additional information?
5.   Suggested Near Date Water Projects: Contacted Jack Jones of Poggemeyer Design Group and Supt. Pepper in last week about water projects
  • 2016 - Underpass 8” Waterline Project – Pep will begin ordering materials when he returns to work; Project = approx. $ 40,000 funded through Water Replacement Fund.
  • 2017 (?) Filter Media Replacement (4 filters) – Jack Jones has suggested doing 2 filters and then another 2; this will also allow settling of new media & the inspection and repair (?) of interior; media replacement for the 4 alone is estimated at $ 300,000; Urge Engineering in 2016 - PDG to provide a cost for next meeting.           (Project & Engineering will require a Loan).
  • 2016 or 2017 – North Water Tower: Epoxy Inside & Paint Outside; PDG estimate $ 100,000 to
$ 250,000; Pep to have the Tower inspected using Water Fund; Inspection Report will be used to engineer the project.       (Project & Engineering will require a Loan).
  • Two of the five Water Wells are cleaned and acidized every two years at a cost of $ 7500 per Wellhead; Funding at this time is being analyzed.
  • Does Council desire any additional information?
6.         The RCAP Water Analysis/Village Water Rate Study presented to Council on April 25th.
  • RCAP recommended a change in the manner in which the Water Utility is budgeted to better prepare that Village Utility for the future.   RCAP’s approach emphasizes allotting revenue received for specific purposes: operations account, maintenance, emergency fund, debt service fund, and capital improvements.  
  • RCAP has suggested rate increases to address potential infrastructure upgrades.  Council handout – two other rate scenarios for review.
  • Does Council desire any additional information?
  • Recommend that Council have legislation created to modify Water Rates and include a Tap Fee and Bulk Purchase increase.
7.         Single Trash Hauler Proposal:
  • Numbers from Poll on May Utility Bills covered later under Council Committees.
  • David Held, Executive Director of the Stark Tuscarawas Wayne Joint Waste Management District has offered to provide transportation to any Village Official or resident that may want to visit the Kimble Recycling facility in Twinsburg.
  • Does Council desire any additional information?
8.         Employee Health Insurance Coop:
  • OPEC Healthcare Cooperative quarterly report shows: 
  • Due to Expenses outpacing Income 2015 ended with a Reserve Balance of minus $ 10,832,581
  • For January thru March 2016 Income outpaced Expenses by $ 4,821,070 which leaves the current reserve balance at minus $ 6,011,511 within the expected deficit range.
  1. Council Ordinances under Discussion recently
  • 16-2005: Shade Tree Ordinance
  • 02-2013: Opening of Platted Street & Alleys
  • 15-2004: Vacation of Alleys, Streets, and Right of Ways
  1.       Request Council’s assistance in identifying overgrown properties that will need to notified and possibly mowed.  If you recall each Season the Village needs to notify the property owner one initial time.
 
Proclamation: Poppy Days in Brewster on May 20th and 21st.  It is sponsored by the Ladies of the American Legion Auxiliary under the guidance of Leota Codispoti.
 
COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to enter into executive session for the purpose of considering the employment of an employee of the Village of Brewster at 8:11pm.  The vote: All yes.  All of Council, the Solicitor, and the Mayor exited to the community room.
 
COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to exit executive session at 8:39pm.  The vote: All yes.  No action taken.
 
VILLAGE CLERK-TREASURER:Kris King
 Fire pay for the month of April = $6,057.60.
 
Copy machine quotes:
  • Graphic Enterprises    -           $139.00/60 months
  • CopeCo                      -           $124.50/63 months
  • ComDoc                     -           $194.26/63 months
 
Fairless Soccer Association would like to use Village Hall for a meeting on Saturday, June 25th from 9:00 to 11:00am.
 
Council Member Hilliard asked the clerk if she had a preference as to which company to contract with.  Clerk King stated that the Village has had very good service with Graphic Enterprises and would like to use their services.
 
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
Council of the Whole Meeting on May 9th to review the RCAP Water Utility Analysis and their suggested Water Rates modifications.  Those in attendance agreed with the rate structure and a small annual increase.
 
Minutes from a May 2nd Council of the Whole Meeting – Streets, Trees, and Sidewalks.
 
RCAP Geographic Information Systems (GIS) training on May 5th at RG Drage was attended by Councilman Mackey, VA Klein, and Mayor Schwab.
 
The Single Hauler Poll is on the latest utility bills; numbers as of May 16th - 865 residential bills mailed:       FOR = 87     AGAINST = 242                      (38% participated)
 
EXPENDITURE REQUESTS from past Meetings:
From Fire Chief & Mayor: employ Sol Harris Day Architects to make a Design Study for a proposed repurposing of and an addition to the current Fire Building = $ 3,500.00.
 
From Mayor: employ Melway Paving Company to Chip & Seal W. Elton Street within corporation limits at a cost of $ 14,786.60 (from Street Resurfacing Fund) Work to be performed in conjunction with Stark County chip and sealing of W. Elton by Melway Paving.
 
REMINDERS:
May 23rd at 6:30 pm - Dave Dwyer of American Renewable Energy to review their solar proposal.
 
May 31st at 8:00 am – Employee Safety Meeting: Slips, trips, ladders, & falls.
 
PENDING PROPOSALS FROM PAST MEETINGS:
REMINDER: Council appointment of two Village Board of Income Tax Review members
 
From Mayor: Council review of Clemans & Nelson HR consultation proposal requested
 
Councilman Godwin: Schedule One Council Meeting in July; suggests July 18th
 
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 allow the Fairless Soccer Association to hold a meeting in Village Hall on Saturday, June 25th from 9:00 to 11:00 am.  The vote: All yes.
 
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to suspend the rules requiring Council to wait one meeting before approving expenditures and grant Kaycee Jewell permission to build dugouts on Fields #1 and #3 and approve a budget of $650 of Parks and Grounds Funds for the materials for Field #3.  The vote: All yes.
 
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to employ Sol Harris Day Architects to make a design study for a proposed repurposing of and an addition to the current fire building at a cost of $3,500 from the Fire Equipment Fund.  The vote: All yes.
 
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to employ Melway Paving Company to chip and seal W. Elton Street within the Village corporation limits at a cost of $14,786.00 from the Street Resurfacing Fund.  The vote: All yes.
 
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to approve the quote from Beren’s Tree Service for the grinding, cleanup, and seeding of 50 stumps areas at a cost of $8,000 from the appropriate funds.  The vote: All yes.
 
COUNCIL MEMBER GODWIN, SECONDED BY COUNCIL MEMBER THARP and motion carried to donate $2,500 to the Brewster Firemen’s Association to be used towards the fireworks display from the General Fund.  The vote: All yes.
 
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to draw up an ordinance establishing water rates, capital charges, and tap fees based on the RCAP recommendation with an annual usage increase of 2.75% and to create a Water Emergency Fund, Water Debt Fund, and Water Capital Improvement Fund.  The vote: Godwin, yes; Hawk, yes; Hilliard, no; Mackey, yes: Tharp, yes; Fox, yes.  Motion carried.
 
"COMMENTS FROM THE AUDIENCE”
Jay Huff, 756 McKinley Ave SW, is ashamed of Council.  He asked Council if they had read the report.  He stated the increases amount to 199% through 2021 and that nowhere does it state a 2.75% annual increase.  He stated that after this increase is approved that the first thing Council wants to do is hire a third person in the Water Department.  Then Council has the audacity to put a 1.5% tax increase on the ballot.  Councilman Hilliard stated he had missed the meeting but knows the rates need to be raised.  He feels the capital charge needs raised first then a percentage increase.  Councilman Hilliard stated that nothing is set on what needs to be done.  Mayor Schwab advised that Council has been given a list of needed maintenance projects of over $500,000.  Councilman Fox stated that the last ordinance ran out in 2013 and that nothing has been done with rates since.  Councilman Tharp and Mr. Huff then had a heated discussion on the math.
 
Louie Carroll, 830 Seventh St. SE, asked why the Village’s electric guys could fix the ball field lights.  VA Klein stated the Village employees are lineman, not electricians.
 
Fire Chief Chris Colucy stated that if the Sewer Department constructs the proposed building that the water rescue boat will be stored there.
 
Dave Smith of Meta Waste Trash stated it hurts a little that the Village would consider a single trash hauler.  He would like to see the small haulers continue in the community.  His company just did a scholarship at the school and hopes to be able to continue his community involvement.  He wished to apologize for all the “internet stuff” going on.  He also stated that his company may be able to help with spring cleanup next year.
 
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to adjourn the meeting at 9:13 p.m.
 
Respectfully submitted,
 
_____________________________________
Kris King, Village Clerk-Treasurer
 
____________________________________
Mike Schwab, Mayor