January 18, 2016 - Meeting Minutes

 

Council Member Elect Dave Godwin was sworn in on January 14, 2016 by Clerk-Treasurer Kris King.

 

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           Kris King, Clerk-Treasurer

 

Mayor Mike Schwab asked if there were any additions or deletions to the January 4, 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. 

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to accept the bills for the amount of $ 314,949.05.  Council Member Hilliard asked if all the gravel purchased was for the sewer tap.  Clerk King stated it was.  Council Member Hilliard asked why the Village’s part-time employees don’t do the fertilizing that Down to Earth does each year.  Clerk King stated time was the issue. Council Member Tharp stated he appreciated the departments were using the local NAPA store.  The vote: All yes. 

 

Ray Heitger, 317 Seventh St. E., spoke of the Recreation Board’s intent to offer entertainment in the park during the upcoming summer.  He has two bands he would to line up.  The first one is LaFlavour and the second is The Last Stand.  He also asked if Council had an issue with vendors coming in to sell food.  He mentioned having a 50/50 drawing to help offset the cost.  Council Member Hawk is not comfortable with the 50/50.   He stated the Village has money set aside for community events for our residents but the vendors can be charged a fee to help offset the costs.  Council Member Godwin suggested part-time Police Officers be available.

 

Angel McCune, 225 Fifth St. SE, is asking help from the Village.  Her garage is off an access alley and it is so full of ruts she can’t get her vehicles through them.  There is a house being built next door and contractors installed an underground line and also have been using it for deliveries of large, heavy items.  She has tried to talk to the contractor and none of the workers will give her his contact information or name.  She has also tried to contact the owner and he has not returned her calls.  The Mayor stated he will try to contact the owner for her.

 

Audience in attendance: Ann Margaret Lambo.

 

CONSIDERATION OF ORDINANCES:

ORDINANCE 2-2016: An Ordinance authorizing an Application for Municipal Road Funds for Elton Street SW was given third reading.  (VA estimate = $189,390.00; application deadline 01/31/2016). 

 

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

 

RESOLUTION 3-2016: A Resolution authorizing a Depository Agreement with PNC Capital Markets, LLC. was given third reading.

 

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

 

An Ordinance adopting Permanent Appropriations for 2016 was given third reading.  Clerk-Treasurer King requested the ordinance be tabled until next meeting.  Council Member Tharp asked when the permanent appropriations are due to the County.  Clerk King responded March 31^st or April 1^st.

 

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

 

Second Reading: An Ordinance authorizing a Power Purchase Agreement for a Behind the Meter Solar Energy Project.  Council Member Tharp asked if this was premature.  Mayor Schwab stated it is part of the process, but at the current pace it may be necessary to table at the third reading.

 

Second Reading: An Ordinance authorizing a contract for the McKinley Avenue Distribution Line Rebuild Project. (Bid opening on 01/20/2016).

 

First Reading: An Ordinance authorizing modifications to the Village Travel Reimbursement Policy.  Council Member Hilliard stated he had concerns that some areas contradict each other.  He urges Council to review the policy before the next meeting.

 

ORDINANCE 4-2016: First Reading/Emergency: An Ordinance enacting a Code of Ordinances for the Village of Brewster (Adoption of American Legal Publishing’s recent codification of Village Ordinances).

 

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

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to pass Ordinance 4-2016 as read.  The vote: All yes.

 

Council Member Fox brought up Chapter 50 where it stated meter readers were to be paid $3.00/hour.  Clerk King stated to please make note of any items that need corrected for the next update.

 

FIRE DEPARTMENT: Chief Chris Colucy (absent)

Mayor: In preparation for the 2016 Firemen Festival, Council guidelines are needed for use of Bimeler Park.  TIPS training and insurance were discussed.  Council Member Tharp asked if the use of alcohol was done by ordinance or exception last year.

 

Council Member Tharp asked if anything had come out about the structure of the Fire Department.  Chief Colucy told the Mayor several months ago that he was working on the SOG’s. 

 

POLICE DEPARTMENT: Captain Keith Creter

Captain Creter provided Council with December 2015 Police Report via email.  There were 2,427 calls in 2015. 

Every officer will receive CPR training from Paramedic Jen Mohler in February.

 

There have been 52 security checks since the program has started.  Forms are available at Village Hall for residents that will be on vacation or out of town.

 

Council Member Godwin asked if RED Center was providing everything the department needed.  Capt. Creter stated they did a good job.

 

Council Member Hawk asked if anything came out of the case that involved Homeland Security.  He stated the apprehended individual was visiting relatives in Canton and had just gotten lost.

 

Legal 101 – Solicitor Anthony discussed municipal liability and exceptions under section 2744 of the Ohio Revised Code.  He stated there was a case in the 5^th District and will be discussing this further at the next meeting.  Council Member Mackey brought up liability and exceptions that could occur with the Firemen’s Festival.  Solicitor Anthony stated that was why it is important to be properly insured.

 

Mayor Schwab thanked Solicitor Anthony for assisting him by researching some issues over the last couple of weeks.

 

Recreation Board requests $1600 for a LaFlavour concert in the park this summer on July 16^th.  A second request for $300 for a concert by The Last Stand later in the summer was submitted this evening.

 

E. Fourth Street resident requests that Council consider restricting parking on Cleveland to one side.

 

“Cities & Villages” excellent articles of interest: Facebook, Farmers’ Markets, Ban the Box, & so forth.

 

VILLAGE ADMINISTRATOR: VA Robert Pauley

On vacation.

 

VILLAGE MAYOR: Mike Schwab

Planning Commission met on Thursday, January 7^th to continue their review of the proposed

Alternative Energy Systems Zoning language amendment to the Zoning Code.  (Over three meetings the PC made several modifications to the original proposal submitted to them, and approved the document submitted to Council this evening.)  They are recommending Council adopt it as a part of the Village Zoning Code.   

 

Proposed Solar Project:

 

 

 

The Mayor presented State of the Village Part I and gave Council a copy; Part II on February 1^st.

 

Proposal for Council Review at December 21, 2015 meeting: An Employee Cell Phone Allowance.  It is intended to initiate a discussion to get the Village out of the cell phone business; VA Pauley has also submitted an Employee Cell Phone Allowance policy which other than the amount of the allowance mirrors the Mayor’s submittal.  Since the Employee Handbook adopted by ordinance in 2008 has a Cell Phone policy, I believe Council will need to adopt any changes to the current Cell Phone Policy.  Solicitor Anthony agreed.

 

Currently, Council has introduced legislation to modify the allotted meal expenses under the Village Travel policy for employees and Village officials.  The Mayor has provided a sample travel policy that is more extensive that Council may want to review and consider.

 

Brewster Council’s concerns about the Ohio EPA Permit to discharge into Sugar Creek by the W&LE has been submitted to the Ohio EPA in Columbus and Twinsburg.  A copy was sent to the W&LE.

 

Mayor Schwab pointed out the completion of the chair rail in Village Hall.

 

Council Member Tharp asked what Council’s intent was with the cell phone policy.  Do they want to remove it from the Employee Handbook?  Council Member Mackey asked if the handbook has to be passed by ordinance.  Solicitor Anthony stated that you do not have to make the handbook an ordinance.  Since at this point it is an ordinance, changes made to it must be made by amending the ordinance to adopt the changes.  The ordinance can be rewritten to allow amendments.  He will have a recommendation at the next meeting.  Council Member Godwin stated that the handbook will be fluid forever.  Council Member Mackey stated we should be able to modify the handbook without a bunch of legislation.

 

A draft copy of the Certificate of Total Amounts Available for 2016 was provided to each Council Member.  The final draft will be sent to the County later this week.

 

Government Accounting Solutions was in on of January 11^th to help prepare the Annual Financial Report and W-2 Forms.  The 1099-Miscellaneous Forms have been mailed and the W-2’s have been distributed.  The insurance values had to be added to each individual’s W-2 Form that is enrolled on the insurance plan.  The 1099-G Forms will be prepared by the Tax Administrator.

 

The 2016 Insurance Summary of Benefits have been printed and distributed.

 

Work continues on the 2016 Permanent Appropriations.

 

Council Member Fox asked if payment had been received from FirstEnergy.  Clerk King and Solicitor Anthony discussed the progress of the easements and assignments.

 

Council Member Hilliard asked about the five Worker’s Comp claims.  Clerk King could not discuss the claims any further.

 

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

Annual reorganization: Appointment of Council Committee Chairs

Council Committees/Chair: 2015 listed next – unless there are objections, the Mayor appoints the following:

 

Appointment of Council Rep on Planning Commission & Zoning Board of Appeals;

Mayor - recommends that Chuck Hawk is retained.

 

Council appointment of two Village Income Board of Income Tax Review; Mayor to appoint one additional member of three-member Board; Solicitor explained how the legislation wasn’t clear on what position constitutes the highest administrative office.  The solicitor believes it is the Mayor and Council Member Mackey believes he read somewhere that it is the Village Administrator.

 

Councilman Mackey: Meeting with Impact Group – Marketing.  The Impact Group helps Villages/Cities/School Districts get levies passed.  They are experts in getting your message out there.  Council needs to decide what the Village needs.  Council Member Fox thinks this is something the Village needs to look into.  He stated it would be money well spent.

 

Councilman Tharp: Council of the Whole met to discuss committees and how they operate.  Council will vote on whether to change the committees back to having three or six members later in the meeting.

 

January 25^th at 6:30pm – Council of the Whole meeting: Employee wages and benefits.

February 1^st at 6:00pm – Parks and Grounds Committee meeting.

 

February 8^th at 6:30pm – Council of the Whole: RCAP Utility Rates Project review and proposed Solar Project Review.

 

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

 

EXPENDITURE REQUESTS from past Meetings:          

Recreation Board: Guidelines from Council for entertainment in Bimeler Park expenses (12/21 Meeting).

 

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).

 

OLD or NEW BUSINESS: (Council Rules dictate a one meeting review period for expenditures, unless deemed an emergency) 

COUNCIL MEMBER THARP MOVED, SECONDED TO COUNCIL MEMBER GODWIN and motion carried to approve the Recreation Board’s request for $1,600 for a LaFlavour and $300 for The Last Stand to perform concerts in the park during the summer from the Recreation Fund.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to retain Chuck Hawk as the Council Representative on the Planning Commission and Zoning Board of Appeals.  The vote: Tharp, yes; Fox, yes; Godwin, yes; Hawk, abstain; Hilliard, yes; Mackey, yes.

 

COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to purchase the Water Dept.’s 2002 Dodge 2500 4WD pick-up by the Street Dept. for $4,500 with the money being taken from the Street Equipment Fund and put in the Water Fund and the purchase of the Fire Association’s 2014 Dodge 2500 Ram Quad Cab 4WD pick-up by the Water Dept. for $25,000 from the Water Fund and placed in the Fire Equipment Fund.  The vote: All yes.   

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX to amend the Rules of Council to return to three member committees.  There was a lengthy discussion.  The vote: Tharp, yes; Fox, no; Godwin, no; Hawk, no; Hilliard, no; Mackey, no.  Motion failed.

 

Council Member Mackey asked to get a copy of the festival guidelines from 2015 and also to give one to Chief Colucy.

 

COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to draw up an ordinance for the addition of the Alternative Energy Systems Zoning language to the Village’s Zoning Code and to hold a public meeting at the third reading.  The vote: All yes. 

  

 

"COMMENTS FROM THE AUDIENCE":

 

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to adjourn the meeting at 9:13 p.m.

 

 

Respectfully submitted,

 

 

_____________________________________

Kris King, Village Clerk-Treasurer

 

 

____________________________________

Mike Schwab, Mayor