January 4, 2016 - Meeting Minutes

6:55 P.M. – OATH OF OFFICE

Solicitor John Anthony administered the Oaths of Office and swore in Mayor Mike Schwab and Council Member Chuck Hawk.  Council Member Elect Dave Godwin to be sworn in later as available.

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.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to excuse Council Member Godwin due to health issues.  The vote: All yes.

MINUTES FROM THE DECEMBER 21, 2015 REGULAR COUNCIL MEETING:

Mayor Mike Schwab asked if there were any additions or deletions to the December 21, 2015 Council meeting minutes. 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to accept the minutes as presented.  The vote: All yes. 

PRESENTATION OF BILLS:

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to accept the bills for the amount of $ 88,982.51.  The vote: All yes. 

AUDIENCE:

Ray Heitger, 317 Seventh St. E., spoke of the Recreation Board’s intent to offer entertainment in the park during the upcoming summer.  He asked Council what restrictions the board had on the cost for the events.  The Board is interested in hosting bands on the fourth Saturday of each month.  Mayor Schwab suggested that Council set up some guidelines.  Council Member Tharp suggested getting a couple bands that are well known and only have a couple of events.

Audience in attendance: John Barkan, Cindy Mackey and Ann Margaret Lambo.

GUESTS:

Mayor Schwab opened the floor for nominations for President Pro Temp.  Council Member Tharp nominated Council Member Mackey.  Council Member Mackey accepted the nomination.  There were no other nominations and the Mayor closed nominations.  The vote: All yes.

CONSIDERATION OF ORDINANCES:

Second Reading: An Ordinance authorizing an Application for Municipal Road Funds for Elton Street SW.  (VA estimate = $189,390.00; application deadline 01/31/2016).  Council Member Fox asked if the VA had everything ready since he was going to be out of the country for a couple of weeks.  VA Pauley stated he has provided the Mayor with a packet to be mailed.

Second Reading: An Ordinance adopting Permanent Appropriations for 2016.

Second Reading: A Resolution authorizing a Depository Agreement with PNC Capital Markets, LLC. 

First Reading: An Ordinance authorizing a Power Purchase Agreement for a Behind the Meter Solar Energy Project.

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

RESOLUTION 01-2016: A Resolution voicing Brewster Council’s opposition to a NPDES Permit to discharge to state waters for the W&LE Railway to discharge pH, oil and grease, and suspended solid into Sugar Creek was given first reading.

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

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to pass the resolution as read.  Mayor Schwab advised that he had contacted J. Chastek at the W&LE Railway for comment but received no reply.  The vote: All yes.

MUNICIPAL DEPARTMENTS:

FIRE DEPARTMENT: Chief Chris Colucy

The State Fire Marshal grant has opened up.  The grants do not require a match from the Village.

The Firemen’s Festival will be June 1^st through June 4^th this year.  Council Member Tharp asked when the Chief will be asking permission for an exception to have alcohol in the park.  Chief Colucy stated he will probably bring it up in February.

The Tuscarawas Township Fire/Ambulance Contract has been signed by their Trustees.

Chief Colucy asked if Council was going to act on transferring the 2012 Dodge Ram to the Water Department.  No comments were made.

POLICE DEPARTMENT: Chief Harry Porter (excused)

Captain Creter provided Council with December 2015 Police Report via email.

VILLAGE SOLICITOR:Attorney John Anthony

Legal 101 – Municipal Income Tax: Solicitor Anthony discussed the recent HB5 and the required changes to the Village Income Tax Code.  The intent of the bill was to make municipal income tax uniform across the state.  It makes municipal income tax more business friendly but is more than likely going to cause a loss of revenues for municipalities.  The Ohio Municipal League feels the state has over reached and is violating the home rule provisions of the Ohio Constitution.

COMMUNICATIONS:

AMP Power Connections - Winter Issue: Articles comparing LED/CFL/Incandescent light bulbs and an explanation of the SCADA control system (Council copy and on Village Web site).

VILLAGE ADMINISTRATOR: VA Robert Pauley

Administrator’s report for period 12/22/2015 thru 01/03/2016:            

Council Member Hilliard asked if the generator that the Internet Sales Ordinance was prepared for has been advertised yet.  VA Pauley stated the waiting period is not up yet.

VILLAGE MAYOR: Mike Schwab

Planning Commission will meet on Thursday, January 7^th to continue their review of the proposed Alternative Energy Systems Zoning language amendment to the Zoning Code.

Proposed Solar Project:

• Solicitor has prepared a Purchase Agreement to purchase 12 acres of land adjacent to the Village corporation limit pending a Village PPA (Power Purchase Agreement) with a solar investor/contractor.  As drafted the fees and taxes and so forth are divided between the Seller and the Village.  Mayor Schwab asked if Council wished to review the document.  Solicitor Anthony suggested that Council read the PPA because contains several contingencies.  Mayor Schwab stated the seller will be taking the PPA document to his attorney.
• We will meet with a surveyor on Tuesday to discuss the surveying of property, split and replat for recording with County, and so forth.
• We will meet with Fairless Supt Bidlack also on Tuesday to bring Fairless up to speed on the Solar Project and to talk about the access road easement to the South Water Tower.
• VA has asked API, Solar Planet, AMP, and American Renewable to provide their individual proposals (kw charges, PPAs, and so forth) by December 28^th, 2015 for Council’s review on January 4^th , 2016.
• Suggest that Council schedule an undistracted evening to discuss and consider the Solar PPA proposals, the purchase of the land for the proposed solar field, and other aspects of the proposed project to get everyone on the same page.   

Council Member Mackey asked if the Village owned the land the south water tower sits on?  Mayor Schwab stated the Village only has an easement for the property.  Council Member Hilliard is concerned about whether the Village can purchase property that has no frontage and is landlocked.

Proposal for Council Review at December 21, 2015 meeting: A Employee Cell Phone Allowance.  Intended to initiate a discussion to get the Village out of the cell phone business.

Working with Department Heads on Five Year Plan Updates in all Departments.   Will provide each to Council as completed.

With Clerk-Treasurer King working on State of the Village Financial Reports.  Will provide each to Council as completed.

Comment – 2016:  In the past the State of the Village has mostly revolved around facts and figures for each department.  This year the Mayor spoke on his philosophy.  He feels everyone was put on this Earth for a reason.  As public officials, we can make a difference and make our community a better place to live.  One of the most important things we can do is spend our money wisely.  Each department has their wants and needs.  He has a three part litmus test he uses for spending money: What is the cost?, What are the benefits of the purchase?, and lastly Who does it Benefit?.  The last question should always be the residents of Brewster.  He also stressed how he prefers to stay out of debt.  There are times when it can’t be helped but as leaders of our community, he feels this is important to not put future leaders on the hook for our expenses.  The Mayor emphasized that the employees are the Villages greatest assets.  They are our experts.  They can make us look good or they can make us look bad.  He stated the residents and businesses should always be treated with respect.  Each dollar should be spent wisely, but unfortunately the General Fund needs may require placing a 0.5% income tax on the fall ballot.  The Mayor stated that if the Village intends to ask residents for a half percent income tax increase then the residents need to know what the plan is for the use of the money.  It is their money and they can’t be expected to pass the levy based on the Village just saying we need it.

Council Member Mackey asked what criteria is used for the five-year plan.  Mayor Schwab explained that he has a list of departmental inventories with the age and cost.  He sits down with the department heads and reviews this along with additional items that they may need or want in the near future.  Council Member Mackey went on to say that in order to get funding, all entities need actual facts and figures.  He stated RCAP gave ways to create an Asset Management Plan.  That way we have the tools needed to prove our case.  He stated sometimes we need to borrow money and we need to start being more 21^st century.

Council Member Tharp appreciates the fact that a five year plan is being worked on but would like to see more details on where the figures are coming from.  He stated at the County a portion of the budget is for future expenditures.

Council Member Mackey returned to the Asset Management Plan.  Mayor Schwab stated the project cost estimates are made by the Superintendents calling vendors to get current costs on materials and use past experience to estimate the cost of each project based on the scope of the project. 

Council Member Hilliard stated he knows the Water Fund needs help but thinks the Mt. Eaton water project should help the fund and keep rates reasonable.  He also thinks the solar field should do the same for the residents’ electric bills.

Council Member Mackey has invited The Impact Group, an advisory and marketing consultant firm, on Thursday to meet and discuss exploring an increase to the Village income tax.  He stated we can’t do it on our own.

The Mayor also provided Council with the latest census information.

VILLAGE CLERK-TREASURER:Kris King

Financial reports for 2015 have been put in Councils' mailboxes.  I feel we had a good year and look forward to another successful year. 

FirstEnergy invoice for the work the Village performed on their behalf on the easements on the 69kV line in the amount of nearly $160,000 has not been paid as of today.

The first edition of the recodification for the Brewster Code of Ordinances will be shipped from American Legal in the near future.

First step in preparing the budget is the Certificate of Total Amounts Available.  This report is prepared by taking our carryover amounts and adding the estimated revenue for the year. This report is due to the county by January 31, 2016.  After this report is complete, each fund can have each line item appropriated with its amount for 2016.  Note: The 2016 Local Government estimate from the county remains close to $50K.

Brian Bankert from Government Accounting Solutions will be here during the week of January 11^th to help prepare the Annual Financial Report and W-2’s.  I am currently working on gathering the information required by the ACA to be reported on the W-2’s.

Charles E. Harris Accounting has started gathering our information for the audit.  I have submitted all the information they requested up to this point.  I am waiting for the date of when they will be starting the on-site audit.  

PNC Capital Markets has been contacted about removing my name from the resolution for investing with them.  They stated they require my actual name and not just the title of the position.

Held a conference call with Government Accounting Solutions and F&E Payment Pros in order to move forward with the online bill pay.  Very close to a soft launch.

Worker’s Comp: 2015 has not been a very good year for the Village and the employees.  We had five claims this year compared to two in 2014 and one in 2013.  I will be completing Form PERRP 300AP – the Summary of Work-Related Injuries and Illnesses for 2015 in order to stay in the Public Employment Risk Reduction Program along with the Safety Management Self-Assessment for the Drug Free Safety Program.  I also plan to attend the 2016 Ohio Safety Congress and Expo.  These all help to keep our rates down and qualify the Village for rebates.  We are also participating in the Stark County Safety Council.

Council Member Hilliard asked if the Village provides safety classes for the employees.  Clerk-Treasurer King stated there are safety classes every other month as part of AMP’s safety program.

Council Member Mackey asked if the Clerk-Treasurer had gotten quotes for the Village Hall message board sign.  Clerk-Treasurer King stated she considered this his project and is waiting for a quote from him. 

Council Member Tharp asked the clerk-treasurer for a list of projects that Council has asked to be budgeted for in 2016.

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

REMINDER - Stark RPC: 2016 Stark Law Governmental Law Seminar on Saturday 02/06 from 9am to 2pm; invites All elected officials; $ 25.00 includes lunch (Council copy of Flyer provided 12/21).  Council Members Fox and Mackey and Mayor Schwab expressed intent to attend.  Council Members Tharp and Hawk will let the Clerk-Treasurer know tomorrow.

EXPENDITURE REQUESTS from past Meetings:          

REMINDERS:         

January 11^th at 6:30pm – Council of the Whole meeting with RCAP Utility Rates 101

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

PENDING PROPOSALS FROM PAST MEETINGS:

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.

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

Council Member Mackey brought up a travel reimbursement policy that was passed in 2001.  He stated it needed to be updated.  Solicitor Anthony stated it would be a good idea to tie it to a government table so it meets the IRS guidelines and draw up a resolution.

COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to draw up a resolution to cover per diem and meals in accordance with Government Services Administration guidelines.  Mayor Schwab asked if the intent was to include the other language included in the current travel reimbursement policy.  Council Members Mackey and Tharp agreed to include it.  The vote: All yes.

Mayor Schwab asked if Council wished to reapprove last year’s Rules of Council.  Council Member Tharp expressed his concern with all committees including all six member of Council.  He feels a smaller group would be more efficient.  Council Member Mackey stated this topic needs to go to committee.

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to re-adopt the Rules of Council as presented last fall.  The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to schedule a Council of the Whole meeting on January 18^th, 2016 at 6:30 pm to discuss Council Committees.  The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to schedule a Council of the Whole meeting on February 8^th, 2016 at 6:30 pm to discuss the Solar Project.  The vote: All yes.

"Village Speaks": None

"COMMENTS FROM THE AUDIENCE": None

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to adjourn the meeting at 8:36 p.m.

Respectfully submitted,

Kris King, Village Clerk-Treasurer

Mike Schwab, Mayor