June 20, 2016 - Meeting Minutes

MINUTES

BREWSTER VILLAGE COUNCIL

June 20, 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 Jen Mohler, Assistant Fire Chief/Paramedic

Jim Spivey, Village Technician John Anthony, Village Solicitor

Keith Creter, Police Captain

MINUTES FROM THE JUNE 6, 2016 REGULAR COUNCIL MEETING:

Mayor Mike Schwab asked if there were any additions or deletions to the June 6, 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 $ 362,588.74. The vote: All yes.

AUDIENCE:

Matthew Fowler, 215-4^th St SW, read a letter to thank Council for sponsoring him to go to Boy’s State. He discussed what he had learned about being on the Council of a mock government. Mayor Schwab congratulated him and asked if there were any other learning experiences during his week. Matthew stated he had to learn how to cooperate with seven other students in a dorm room with no air conditioning. Councilman Tharp stated he was glad Matthew had a good experience.

Jay Huff, 756 McKinley Ave., asked if there were any changes to the Water Rate Ordinance. He wants to make sure that the businesses get the same increase as the residents.

GUEST:

Atty. Ian Crawford, attended to introduce himself to Council. He has been working with Prosecutor Chapanar since 2011 and has been recommended by Atty. Chapanar to take his place as Brewster’s Village Prosecutor.

Audience in attendance: Ray Heitger, Kathy Fowler, Jenny Spivey, Terry and Nancy Fowler, Cindy Mackey, and Ann-Margaret Lambo.

CONSIDERATION OF ORDINANCES:

Ordinance 20-2016: An ordinance authorizing the rezoning of Brewster Cheese parcels on E. Seventh Street was given third reading.

COUNCILMAN THARP MOVED, SECONDED BY COUNCILMAN FOX to bring the ordinance forward for passage. The required Public Hearing was held at 6:30pm tonight. Brewster Cheese is requesting the legislation be considered under emergency. There is an issue because their current lease agreement for an offsite facility is going to lapse. They need to get their new facility built in order to stay in operation. Councilman Tharp said that this will have a positive effect on the Village. The building is a $12-15 million investment by Brewster Cheese. Councilman Godwin stated it is a good return on investment in that it will move the storage building into town creating more revenue. Councilman Hawk stated that the ordinance was given three readings and a public hearing so he had no problem with it being passed under emergency to get things moving. He also stated we need to support our local businesses. Addition: Councilman Hilliard asked Solicitor Anthony if he approved of passing this under emergency (Ordinance 20-2016). Solicitor Anthony replied yes.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to amend the ordinance to be passed under emergency. The vote: All yes.

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

Second Reading: An ordinance authorizing the modification of water usage fees and charges.

First Reading: An ordinance authorizing a change order for the McKinley Avenue Electric Distribution Line Project.

Resolution 21-2016: A Resolution of Appreciation to Attorney Larry Chapanar for his years of service as Village Prosecutor.

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

Ordinance 22-2016: An ordinance authorizing a contract with Attorney Ian Crawford to provide Village Prosecutor Services from July 1, 2016 through December 31, 2016 and declaring an emergency was given first reading.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to the rule requiring three separate readings be suspended and the ordinance be brought forward for passage. The vote: All yes.

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

Councilman Fox would like to see the non-residents receiving water pay a higher rate than the residents.

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to amend the water rate ordinance to include a 15% increase in usage and capital charges for non-resident water customers. The vote: All yes. Councilman Tharp asked that he receive the figures for the next meeting. Solicitor Anthony stated we would have to start at first reading with this change to the ordinance.

Councilman Hilliard is not in agreement with the ordinance having a 2.75% annual increase each year after 2020. He thinks it should be revisited. Councilman Mackey said it could be revisited at any time. Councilman Tharp stated that this will prevent what happened the last time an increase finished up. It was left go a couple of years and put Council behind the eight-ball again. Another rate study should be done in several years to see where the fund stands to see if an adjustment either way needs to be made.

MUNICIPAL DEPARTMENTS:

FIRE DEPARTMENT: Chief Chris Colucy (absent)-Jen Mohler (Asst. Chief/Paramedic)

Asst. Chief Mohler reported on a different software system that is available. Most of the area departments are using it and it can be used for EMS reports, fire reports, and fire prevention if we ever have a Fire Prevention Officer. The annual cost will be $1,600 billed quarterly. The dept. will need to purchase two IPads. This will reduce the annual cost of the dept.’s software service by $1,100.

A proposed copier quote was provided for a new copy machine for the Fire Department. It is a Samsung at a cost of $2996.00. A muni lease can be used at a monthly cost of $62.00 plus $25.00 maintenance cost. Color copies would be 8.5 cents per copy.

POLICE DEPARTMENT:(Chief Harry Porter on Leave)-Captain Keith Creter

The January through May activity report was provided to council. There have been 2,269 calls as of May 31, 2016.

The department has leads and have received tips on the break-ins. They have changed their phone system to allow a tip line to be created.

The department, with the assistance of Prosecutor Crawford, is changing the way non-jail time charges are being filed. It will involve changing the code under which most traffic violations are being charged. Captain Creter stressed that this doesn’t mean the department will be going out pulling everyone over. It will be business as usual only the fines from those people speeding through our Village will now stay in the Village and not go to Massillon.

There were issues during the festival and have been during events at the park where people park on McKinley Ave. north of 2^nd St. blocking the residents’ driveways. Five citations were issued during the festival this year. Jen Mohler had made a post on the Fire Departments Facebook requesting that people not park there but it didn’t help. Councilman Mackey asked if this was a new issue. Capt. Creter stated it has been an ongoing problem and is requesting about 150 ft. of McKinley be a “No Parking” area. He stated the residents on either side of the street were contacted and will not have a problem with the new restriction. Mayor Schwab asked if there were other areas that the Captain felt needed parking restrictions. Capt. Creter stated there are problems with trucks parking on 6^th St., there needs to be about 30 ft. of no parking by the Moose, and Jackson Ave. needs to only allow parking on one side of the street. Councilman Tharp asked if the no parking was just for festival time or permanent. Capt. Creter replied that it would be permanent.

Councilman Hilliard was concerned that the gate at the Electric Dept. was left open and Capt. Creter stated he would have the officer on duty lock it up.

VILLAGE SOLICITOR:Attorney John Anthony

Solicitor Anthony provided information on kennels and rescue shelters in residential areas. The area being discussed is zoned R-1 which provides for single family housing. He provided the definitions for kennels and rescue shelters. A kennel is an establishment that keeps and houses adult dogs for breeding and so forth. An animal rescue is an individual or organization that is recognized by the Department of Agriculture that keeps, houses, and maintains dogs. It is not for profit and cannot have more than 9 dogs. Accessory usage is permitted in an R-1 area. An accessary usage would include having pets. Incidental usage depends or is affiliated with personal usage and does not qualify for accessory usage. In other words, it all depends what activities are going on as to whether the dogs in question are in violation of our zoning law. The question was posed if legislation could be passed to limit the number of dogs on a property. Solicitor Anthony stated legislation could be passed that would then make it a police issue. He stated that the problem could be resolved with health and safety issues also but you need to know what you are dealing with. He also stated that if the dogs are transitory that it is not legal. Councilman Tharp would like a copy of the Police and Dog Warden Reports from the day of the incident with the Heitgers. The Police Dept. will provide both.

Village attorneys have responded to the Walker case by filing a Memorandum in Opposition with the Ohio Supreme Court.

Solicitor Anthony stated he received a letter from John Barkan saying that he is waiting until the new Village Administrator was hired before responding to the request for the work he performed and was paid for by the Village. He also sent a signed contract for the Village to sign to rehire him. Councilman Tharp stated he could not understand how he can expect the Council to sign another contract for a product for which he was already paid $ 22,000.00. Solicitor Anthony stated the Village could choose to sue for breach of contract. Councilman Tharp said that Mr. Barkan had already said he would provide what he had completed but is now withholding it.

COMMUNICATIONS:

Brewster Parke: Request to place a Christmas Tree in the Utility Office Lobby from July 1 – July 31

for the Brewster Parke’s Christmas in July event; tree will contain ornaments requesting donations to Brewster Parke residents.

INTERIM VILLAGE ADMINISTRATOR: Dan Klein

Streets:

Provided quotes for rollers. Would like to purchase the one they are currently using for $13,800. They will reduce the price by the rental being currently paid. A new one was looked into with a rent to own option. It would cost $7,000/year for a total of $35,000. Councilman Mackey stated that if the roller continues as it has provided with the patching so far, it is a good investment. Councilman Tharp wanted to double check that we were still getting the price reduced by our recent rental.

Electric:

The McKinley Line Project is complete except the final walk through.
Berens has completed the work on the tree removals. We have hired them to take care of some old stumps that were not taken care of from before and are having them come in and grind them. All of these stumps had to do with the electric lines.

Parks and Grounds:

Vasco will be in at the end of June or beginning of July to work on the skate park, tennis court, and basketball court.
Wood Electric will be in to replace two of the sets of lights at the Dennis Gehring Memorial Field soon.

VILLAGE MAYOR: Mike Schwab

1. Proposed Solar Project UPDATE:

Updated Myron Miller this morning; he and Mrs. Miller being very patient.
The legislation for a Power Purchase Agreement was tabled at Third Reading on 02/01/2016.
On June 13^th at 6:30 pm AMP Solar Proposal presentation by AMP engineer & marketing.
Dwight of GPD has provided a list of suggested negotiation points w/ARE.
Solicitor Anthony and Dwight of GPD will sit down with Dave Dwyer of American Renewable Energy and Power LLC (ARE) and his attorneys in near future to talk about the proposed PPA.
Does Council desire any additional information? None requested.

2. McKinley Street Electric Line Project UPDATE:

Work is completed. A Post-project walk through to review Punch List and Change Orders will take place in next several weeks.
Thompson proved to be very cooperative throughout the project and using Electric personnel for daily project review proved to be beneficial.
Change Orders to the Thompson contract for legislation for Council approval being read; additional change orders may be submitted.
Does Council desire any additional information? None requested.

3. W. Elton Street Chip & Sealing Proposal UPDATE:

Contract $ 14,786.60 for chipping and sealing.
Work to be completed in late July or early August.
Village crews have completed most of required Prep work by patching cracks and potholes using new asphalt box and rented roller. One last patch which will affect the painted centerline will be completed just before the chip and seal.
County engineer advises that in 2017 County will pave their portion of Elton between SR 93 and Browndale and that Village may want to pave their portion of that stretch with the $ 20,000 set aside in Municipal Road Fund and any other funds for which the Village may apply. I would suggest that Council include this portion of Elton in their 2016 Muni Road Fund application.
Council may want to take a look at the Street Roller which is for sale.
Does Council desire any additional information? None requested.

4. Suggested Near Future Water Projects:

VA, Supt Pepper, & Mayor met with Tom Borck of Poggemeyer this past Thursday to review projects:
Engineer Plant Filter Media replacement w/option to upgrade controls.
Engineer 1968 water plant electric system and add back-up generator.
Village will hire an Inspection firm to review interior and exterior of North Water Tower (1949):

a. Cost approximately $ 2500,

b. Inspection firm will provide a report concerning condition of interior and exterior,

c. Inspection firm can provide specs & bidding for rust & seam repair, epoxying of interior, & painting of exterior.

Poggemeyer can assist in securing funding thru loans or grant applications, as can RCAP.
Underpass 8” Waterline Project - on tap for late Summer early Fall in 2016; Project = approx. $ 40,000 funded through Water Replacement Fund.

Materials and supplies being ordered.

Does Council desire any additional information? None requested.

5. Mayor attended a US Army Corp Watershed Assessment on Muskingum River Basin meeting on June 14 at Sippo Lake Exploration Center. Not much to report.

6. PD Capt. Creter & Mayor met with Fairless Supt. Bidlack to explore expansion of the Brewster/Fairless Officer in School program to 40 hours per week.

Officer Truman will attend School Resource Officer training this summer to expand his training & to become an SRO.
Council copy of a financial review of 2012-2015 PD Overall expenses & personnel expenses
Supt. Bidlack was advised that based on 2015, it cost the Village $ 36.91 for each hour the officer was in the schools.
In 2015 an Officer was in the Schools from 24 – 32 hours per week. Village legislation 43-2006 provided a minimum of 15 hours per week, but PD Chief and Mayor expanded those hours when finances & manpower availability permitted.
At the above meeting, with rising PD costs Fairless is being asked to assist in the cost of the School Officer for any expansion of hours beyond twenty.
Future meetings and proposals will be made to Council.
Does Council desire any additional information? It was asked if the school was offering 50%. Mayor Schwab stated they had not offered it but it was offered by the Village as a starting point for discussion.

7. Rough Draft of a Park Infrastructure spreadsheet compiled for planning use; some blanks such a

(copy provided to Parks & Grounds Chair Godwin).

Requesting Dave’s assistance in setting future project plans.
The Mayor spoke with some of the kids using the skate park. They would like to see more equipment. Mayor Schwab stated the current equipment has held up very well.
Councilman Hilliard stated he had been down and no one was playing and there was a small amount of trash in the tennis court.

8. Worked with Industrial Appraisal to update Infrastructure Inventory Update for insurance purposes. (Cost $ 800 for 2016)

Copy in Clerk Office and Vault available for Council and public review.
Copy will be provided to Village Insurance carrier.

9. Village Gas Aggregation Program –

Village Natural Gas Broker Tom Bellish of Buckeye Energy Brokers advises the current Village Contract lapses on 09/30/2016.
Tom Bellish has reviewed the market and recommends that Brewster renew a Contract with Volunteer Energy Services Inc. (VESI) for 10/01/2016 thru 09/30/2018 – two years.
VESI Rate – A monthly variable rate equal to: guaranteed 7% off Columbia Gas’s SCO Adder per Ccf plus the monthly NYMEX month end settle. No early termination penalties.
Contract and Rates similar to the prior contract with VESI.
VESI will as before contact local accounts & offer an opt-out opportunity.
Requires legislation to approve contract.
Does Council desire any additional information? None requested.

10. Request Council’s assistance in identifying overgrown properties that will need to be notified and possibly mowed. If you recall each season the Village needs to notify the property owner one initial time.

VILLAGE CLERK-TREASURER:Kris King

Drug Free Safety Program training is scheduled for Tuesday, June 28^th at 7:00 p.m. and Wednesday, June 29^th at 9:15 a.m.

Laserfiche Avante: $ 1,694.95 – This program will allow anyone on the Village’s network to use Laserfiche to research information on Village Hall computers. Installation and training is billed separately at $ 75/hr.

2016 S-1 Supplement to the Code of Ordinances: Please follow the directions on the coversheet to update your copy of the Code of Ordinances. This brings us up to date through the new Zoning Ordinance. We will do another update after the first of the year. I have forwarded a few concerns to Solicitor Anthony that American Legal shared with me for his review.

UPCOMING VILLAGE EVENTS:

LaFlavour will be playing in the park on July 16^th. Councilman Hilliard asked if the Firemen’s Association would be offering food that evening. Asst. Chief Mohler stated there would be a limited menu.

Village Garage Sales will be August 12^th and 13^th.

Arts on the Boulevard will be held on September 24^th. Applications are available in the clerk’s office for anyone wanting to set up a table. There is no cost for vendor tables.

Councilman Hilliard asked if the custodian position had been filled. Clerk King stated that one of the part time employees was thinking about it.

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

Minutes of June 13^:AMP Solar Proposal presentation by AMP engineer & marketing.

Draft of Employee Wage/Benefit legislation proposal reviewed by that committee at 6 pm tonight.

Employee Drug Free Mandatory Meetings on 06/28 at 7 pm and on 06/29 at 8 am & 9:15 am. Council members are invited to attend.

EXPENDITURE REQUESTS from past Meetings:

Purchase of 2009 Hamm HD14 Street Roller for $ 13,800.

REMINDERS:

July 16^th in Bimeler Park – La Flavour sponsored by the Village Recreation Board

July 18 at 6 pm Council of the Whole – Parks, Grounds, & Buildings

July 25 at 6:30 pm Council of the Whole – Village Finances

Please mark your calendars

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 18^th.

Brewster Cheese Letter: requested Council consider their rezoning as emergency legislation on 06/20.

From AMP through IGS Energy Home Services: ability to offer our utility customers utility lines protection services for gas, water, electric, and sewer lines for a monthly fee.

Resident: The Single Waste Hauler Proposal; Utility Bill Poll: PRO - 87 /CON – 242 (38% participated).

Addition of Solar power to Brewster Electric Utility power source portfolio.

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 HILLIARD and motion carried to create legislation to contract with Volunteer Energy Services (VESI) for the Village’s Gas Aggregation Program as recommended by the Village Natural Gas Broker Tom Bellish of Buckeye Energy Brokers. The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to hold only one Council Meeting in July on the 18^th. Clerk King asked Solicitor if she could send out the bills. Solicitor Anthony stated that any reoccurring bills could be paid. The vote: Hilliard, no; Mackey, no; Tharp, yes; Fox, yes; Godwin, yes; Hawk, no. Mayor Schwab stated he was willing to try it once and see how it works out and voted yes. Motion passes.

Council Member Tharp brought up the proposal to hire Clemans Nelson as the Village’s HR Consultant. He stated he knows there was a discussion of waiting for the hiring of the Village Administrator (VA) and letting him have a say in who was hired but he wants to make sure it stays in the forefront. Councilman Mackey would like to know the status on the hiring the VA. Mayor Schwab stated he has been talking to someone. Councilman Hilliard wants to wait until the new VA is hired.

COUNCL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to create legislation to designate 2^nd Street north of McKinley as a “No Parking” zone. The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to approve the purchase Laserfiche Avante at a cost of $ 1,694.95 plus installation and training billed separately at $ 75/hr. The vote: All yes.

COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to purchase a 2009 Hamm 54” Smooth Drum Roller for $13,800.00 from the Street Equipment Fund. Councilman Hawk stated this will be beneficial for quality and cost control. The vote: All yes.

COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to schedule a Wage Committee meeting on Monday, June 27^th at 6:30pm to continue on the Wage Ordinance. The vote: All yes. Councilman Mackey would like to work harder on it.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to draw up a Resolution of Appreciation for Matthew Fowler for representing the Village at Boys State. The vote: All yes.

Councilman Fox asked Asst. Chief Mohler if the Firemen’s Association was planning an Octoberfest. She stated it has not been discussed as of this point.

“VILLAGE SPEAKS”

Councilman Tharp received some zoning questions. The Mayor suggested he have the person requesting the information contact Interim VA Dan Klein.

Councilman Godwin announced that “Meet the Team” will be held in Bimeler Park on August 6^th at 6:00pm.

"COMMENTS FROM THE AUDIENCE”

Ray Heitger, 317 Seventh St. SW, asked if there was anything on the books that restricts the number of dogs on a property. The Village currently does not have an ordinance controlling dog activity. There are other issues that can be used to alleviate this situation such a noise nuisance, health issues, and unsafe fencing. Mr. Heitger requesting that Council pass an ordinance restricting the number of dogs on a property. Solicitor Anthony stated it needs to be looked into to see if these dogs are transient or being kept as pets. Mayor Schwab had given Council a copy of Alliance’s ordinance restricting the number of dogs when the chicken issue was being discussed that was a good example. Councilman Tharp requested that the Mayor resent the Alliance ordinance to Council again to review. The Mayor said he and the VA will visit the resident.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to adjourn the meeting at 8:48 p.m.

Respectfully submitted,

_____________________________________

Kris King, Village Clerk-Treasurer

____________________________________

Mike Schwab, Mayor