April 18, 2016 - Meeting Minutes

MINUTES
BREWSTER VILLAGE COUNCIL
APRIL 18, 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:
John Anthony, Village Solicitor                        Kris King, Clerk-Treasurer
Keith Creter, Police Captain                 Jim Spivey, Village Tech
 
MINUTES FROM THE APRIL 4, 2016 REGULAR COUNCIL MEETING:
Mayor Mike Schwab asked if there were any additions or deletions to the April 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. 
 
PRESENTATION OF BILLS:
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to accept the bills for the amount of $ 433,801.70.  The vote: All yes.
 
AUDIENCE:
David Smith, 228 4th St, Navarre, representing Meta Waste, urged Council not to consider contracting with a single trash hauler for the Village.  He pointed out that it would affect several residents’ jobs.  He stated once the big companies run the small companies out of business they will keep raising their prices.  Council Member Fox stated Council is long away from a decision.
 
Mike Kennedy owns a property on Amherst St and is requesting gravel added to an unapproved unopened portion of Williams Street.  Council Member Godwin took his number and will look into it.
 
Audience in attendance: Jenny Spivey, Ray Heitger, Tracy and Cooper Smith, and Amy Daniels.
 
GUESTS:
There were no guests.
 
CONSIDERATION OF ORDINANCES:
Second Reading: An ordinance authorizing consent legislation for resurfacing of State Route 62 by the Ohio Department of Transportation (ODOT) within the Village limits.
 
Second Reading:  An ordinance amending Ordinance 24-2008 which adopted a Personnel Policy Manual.
 
First Reading: An ordinance authorizing a November 2016 ballot issue to increase the Village Income Tax to 1.5%.
 
First Reading: A resolution authorizing the submittal of a November 2016 ballot issue to the electors to increase the Village income tax to 1.5%.
 
ORDINANCE 12-2016:  An Ordinance to amend Village Zoning Code by adopting Chapter 506 Alternative Energy Systems.  Public hearing scheduled for April 18, 2016.
 
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to untable the ordinance.  The vote: All yes.
 
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to change the chapter number from 506 to 154 to better align with the recent adoption of a code of ordinances.  The vote: All yes.
 
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried pass the ordinance as amended.  The vote: All yes.  Council Member Godwin stated that putting this on the books protects the neighbors.
 
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 excused
Chief has suggested an April 20th at 6:00 PM meeting with the FD SOG Committee to go over FD SOG.
 
Affinity Medical Center purchased two 3G Modems for the Village Ambulances at a cost of $ 660 each.
A thank you has been sent to Affinity
 
Purchase requests: Two Motorola vehicle radios at $ 1449.80 total & two firefighter Helmets at
$ 580.00 total. Mayor would suggest helmets be purchased as an emergency for safety.
 
Council Member Hilliard asked for a listing of equipment needed over the next year.  Council Member Mackey asked how we were doing financially and Clerk King stated we have not overspent in the Fire Equipment Fund and are doing fine.
 
Mayor Schwab and Clerk King outlined the ice rescue suits and how the original suits ordered would not work.  The suits that are needed along with some carabiners could be up to an additional $750.00.
 
POLICE DEPARTMENT:Chief Harry Porter on Leave; Captain Creter
Homeland Security Training Conference, wanting to send Det. Taylor to this event.  The conference is in Orlando, Florida.  All expenses would be covered by Homeland Security except his daily wage.  Fairless School will not be in session so Officer Truman will be covering Detective Taylor’s shifts.
 
Will be sending Det. Taylor to Taser training. (June 23rd and 24th).  The training will cost $450.00.  Detective Taylor will then be able to train the rest of the department which will cut their annual training costs in half.
 
Council copies of 2016 Activity Report Worksheet (thru March).  The new format makes it much easier to read.  The Mayor is working on a way to put it on the website.
 
The department has a new vehicle maintenance program with the Street Department doing maintenance such as oil changes.  The vehicles have been installed hour meters.
 
Councilman Hilliard asked if an officer could make sure that the gate at the Water Plant and Electric Plant are closed and locked on the weekends.
 
VILLAGE SOLICITOR:Attorney John Anthony
Solicitor Anthony did some research on the income tax measure.  He gave some examples from other communities that recently had tax measures on the ballot.
 
N. Kathryn Walker v. Village of Brewster – Fifth District Court of Appeals: The Village received a favorable summary judgement.
 
COMMUNICATIONS:
Hurley & Stewart have withdrawn their application to rezone the Brewster Car Wash property from
R-3 (residential) to B-2 (General Business); this application has been removed from Planning
Commission agenda on Thursday.
 
INTERIM VILLAGE ADMINISTRATOR: Dan Klein
To wrap up the WWT Sweetwater Pump Station Project – A Change Order for Kenmore Construction in the amount of $ 2439.84 for additional bollards around the backup generator as required by State Fire Marshall.  Legislation is required to approve this Contract addition.
 
VILLAGE MAYOR: Mike Schwab
VA SEARCH UPDATE:
  • The VA Search Committee whittled the 51 applications down to 12 candidates
  • Council & the Mayor interviewed five candidates on April 16; one withdrew that morning
  • Council & the Mayor will interview the remaining six candidates on April 24th
  • Possibly the list may be pared again and a third interview session will be conducted
  • Thank you letters to the 39 unsuccessful candidates with be prepared & mailed this week
 
Sherri Loos of RCAP will meet with Council on Monday April 25th at 6:30 pm to review the RCAP Village Water Rate Study.   Council has a copy of the initial RCAP Water Analysis and RCAP has provided a second Rate structure that places more of the fixed costs on to all customers.   (Council copies of the second rate structure provided tonight for Council’s review)
 
PROPOSED SOLAR PROJECT Update:
  • American Renewable Energy and Power LLC solar field proposal is being reviewed by GPD, the Village electric engineering consultant.  GPD plans a May 16 presentation to Council???
  • AMP has provided a Solar Project Proposal (Council copy for review)
  • Alice Wolf of AMP suggests a presentation by AMP to Council – Council date?
  • GPD has been asked to review the AMP proposal
  • The surveyor has completed his work and has provided plat drawing and legal descriptions.   These are available for Council’s review.
  • Supt. Patterson and I met with Fairless Super Bidlack at the Water Tower lane to review the upgrade to the lane and the addition of drainage.  Rick has provided Broc with a material list and description of the drainage planned.  I will provide surveyor’s plat drawings & legal descriptions to Fairless.
  • Mr. & Mrs. Miller have asked if they should farm the 12 acres this year.   This would prevent access to the 12 acres from May – October.  I will visit the Millers this week to provide them with surveyor’s plat drawings & legal descriptions and to provide a progress report.
  • What should I tell the Millers about farming the 12 acres????
Councilman Mackey discussed the difference between AMP’s Solar proposal and ARE’s Solar proposal.  AMP would own the solar site whereas the Village would own it with ARE’s proposal.
 
Clerk Kris, Councilman Mackey, and I met with a Representative from Clemans & Nelson, an HR Attorney firm, to discuss the possibility of the Village retaining their services for HR issues.   
Their proposal:
  • A monthly retainer of $ 175.00 consultation of HR issues
  • For consultation that would include additional research an hourly fee of $ 95.00 to $ 160.00 would apply.
  • A separate cost for job descriptions = $ 4500 plus expenses not to exceed $ 200.00
  • A separate cost updating the Village personnel policy manual = $ 5000.00 plus expenses not to exceed $ 200.00 
  • The Solicitor has been asked to review their contract and proposals
 
The Planning Commission Meeting to review one Rezoning Application from Brewster Cheese on 
Thursday, April 21 at 7 pm in Council Chambers.      
 
Village will engage Winfield Power Equipment again in 2016 to handle the mowing and clean-up of overgrown properties in Brewster.  They provided timely and efficient service last year and their fee of $50.00/hour with a $ 75.00 minimum remains the same.  The property owners will be given an opportunity to settle up at season’s end and the cost will assessed on the property taxes for those that do not.  This frees up Village crews to handle other maintenance jobs in the good weather.
 
Several tree lawn trees have been removed due to age or hazardous conditions.  There may be others as 2016 progresses.   May I suggest to Council that they appropriate at least $ 3000 for replanting of trees appropriate to tree lawns where trees are removed in 2016 ?   Councilman Tharp would like all tree removal requests be put onto a list and prioritize the trees.  Councilman Mackey will be scheduling a tree committee meeting during the old/new business section of the meeting.
 
Continuing a project started by VA Pauley: Kris, Jenny, Debbie and I met with Edgar Van Hoose of Staley Technologies about upgrading the Village Hall and Fire Department phone system.  The current system was installed in 2004 and has had some issues.   Staley recently installed a new much more efficient system at the Village PD at a cost of $ 3500 for eight phones.  Village Hall and PD has 11 phones.   Staley has provided a proposal and a quote of $ 4982.27 to upgrade Village Hall and Fire Department phones.   The additional cost compared to the PD is for three additional phones and additional technical equipment as FD cannot be cable service based as Village Hall is.  I would suggest that Council budget for a new system in 2017.
 
Rick Patterson, Jim Spivey and I also met with Mr. Van Hoose of Staley at the Yard Waste/ Recycling area to review a security camera system in that area.  He has provided us with a quote of $ 4613.00 for the installation of four cameras and a dedicated computer for monitoring.    I requested the quote to include a security system in a possible grant application.  Councilman Godwin would like to see this done right away.  He stated it has been discussed for five years.  Councilman Hilliard stated that we need eyes down there, including at the skate park.  Councilman Tharp is not for this one bit.  He wants the Mayor and VA to research a grant before spending the money. 
 
VILLAGE CLERK-TREASURER:Kris King
FirstEnergy:  The final invoice for FirstEnergy easement transfers has been submitted in the amount of $59,931.28. I just found out that any maintenance that needs done for the easement on Elton St. will be billed at 50% to FirstEnergy.
 
The funds are available from DEFA as soon as the legislation is passed for Change Order #3 for the Sweetwater Pump Station Project.  Reimbursement is now available from the contingency fund to cover the additional costs for Hazen and Sawyer for the three change orders.  I will complete the paperwork and have Interim VA sign off as soon as he is available.
 
I attended a Region Advisory Board meeting on April 12th with Auditor of State Dave Yost.  He stated he will do his best to protect us from further Local Government Fund reductions. 
 
Please excuse the mess in Village Hall for the next month.  We will be destroying old records according to our records retention schedule.  We will need to gather and store them somewhere secure until May 25th.  We will be destroying about six years’ worth of paperwork.
 
The Drug Free Safety Program requires annual training for all employees.  This year the cost is $1,050.  Does Council wish me to schedule this training?
 
There is a free GIS training at RG Drage on Thursday, May 5th during the day.  Anyone wishing to attend, please let me know ASAP.
 
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
Asst. Clerk Joyce Cunningham prepared a Draft of Village Government contact information; any Council changes ???
 
Council of the Whole Minutes from March 14, March 29, andApril 11
 
Councilmen Mackey & Tharp met with David Held, Executive Dir. of the STWJWM District on
April 12 to discuss aspects of a single waste hauler contract for Village residents.  Councilman Mackey stated Mr. held discussed the impact of a single hauler and some of the pros and cons.  It was a general information gathering meeting and Mr. Held stated he is at our disposal as we look into this.  Councilman Tharp stated that Mr. Held pointed out that the Council sets the bid specifications.  Mayor Schwab provided Council with information that he had received from Canal Fulton when they put it out for bid.  The Village is putting a poll on the back of the utility bills.  Canal Fulton stated they usually get about 12 – 14% of their residents responding to polls.   For Council review: sample of a suggested poll on May’s utility bills (please review & advise).  Info received from Canal Fulton Admin: Bid Document – Rates & Customer Brochure/Trash Service.
 
AMP would like to provide Council with a Solar proposal presentation in May; an off Monday?  Council did not appear to be interested after the discussion during the Mayor’s section.
 
Estimates for concrete work in Bimeler Park was provided to Park & Ground Committee Chair - 04/04.
 
REMINDER: Council appointment of two Village Income Board of Income Tax Review
Tentatively, Dwight Niederkofler has requested an hour on May 16th to review solar proposal.
 
EXPENDITURE REQUESTS from past Meetings:   
Donation Request: Fairless Youth Baseball & Softball Association – $500.00 - Bryan Gregorich VP of FYBSA.
 
Donation Request: D.A.R.E. for the PD DARE program at Fairless – $1,500 - Sergeant Rossiter & Capt. Creter.
 
REMINDERS:           
April 18th at 6:30pm – Public hearing for the proposed zoning amendment to regulate Alternative Energy Systems
 
April 25th at 6:30pm – Council of the Whole meeting with RCAP
 
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 schedule a Council of the Whole meeting on May 16th at 6:00pm to review the report from GPD on the Solar Purchase Power Agreement.  The vote: All yes.
 
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to donate $1,500 to the DARE Program from the General Fund.  The vote: All yes.
 
COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to schedule a Street Committee meeting on May 2nd at 6:00pm to discuss streets, trees, and sidewalks.  The vote All yes.
 
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to create legislation to approve a change order in the amount of $2,439.84 for Kenmore Construction.  The vote: All yes.
 
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to purchase two new fire helmets at a cost of $580.00.  The vote: All yes.
 
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to approve $750.00 additional funds for the purchase of the ice rescue suits from the Fire Equipment Fund.  The vote: All yes.
 
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to approve a donation of $1,000 to the Fairless Youth Baseball/Softball Association from the Recreation Fund.  The vote: All yes.
 
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to direct the Mayor and VA to apply for a grant for cameras at the recycling facilities.  The vote: All yes.
 
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to allow Detective Taylor to attend the Homeland Security Training Conference with the only cost being his daily wages.  The vote: all yes.
 
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to send Detective Taylor to Taser Trainer School at a cost $450.00.  The vote: All yes.
 
"Village Speaks":
Councilman Godwin stated Bryan Gregorich of the FYBSA has had parents request an additional porta-pot be put close to Field #2.  VA Klein will look into it.
 
Councilman Hilliard stated that Mr. Bratcher wished to thank the Electric Department for fixing his electric connection. 
 
"COMMENTS FROM THE AUDIENCE":
Amy Daniels, 148 1st St SE, wished to express her opposition to the Village having a single trash hauler.
 
Tracy Smith, 228 4th St SE, Navarre, representing Meta Waste, spoke about the North Canton and Canal Fulton contracts for a single trash hauler.  She asked if Mr. Held had told Council how they had a five year contract, how three guys had lost their jobs, how Stephens Hauling went out of business, how there are more trucks on the road now.  She doesn’t feel the Village will even get 14% of the residents to respond to the poll on the back of the bills and it is not fair.  She thinks it’s funny that this didn’t come up until after they purchased Klein Hauling.  Mrs. Smith stated that once the small businesses are gone then prices will be jacked up.  Councilman Fox disagrees because there is more than one big hauler.  Councilman Godwin stated this has been brought to Council by several residents and Council is doing what the residents voted them in to do.  Councilman Hawk stated that in Council’s defense, they are just opening up a conversation.  It is not going anywhere yet.
 
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to amend the resolution to authorize the submittal of the November 2016 Ballot Issue to the Electors to include the statement that 3/5 of the increase go to the Streets and 2/5 of the increase go to the Police.  The vote: All yes.
 
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to amend the ordinance to authorize a November 2016 Ballot Issue to increase the Village Income Tax  to 1.5% to include the statement that 3/5 of the increase go to the Streets and 2/5 of the increase go to the Police.  The vote: All yes.
 
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to adjourn the meeting at 9:00 p.m.
 
Respectfully submitted,
 
 
_____________________________________
Kris King, Village Clerk-Treasurer
 
 
____________________________________
Mike Schwab, Mayor