September 8, 2015 - Meeting Minutes

MINUTES
BREWSTER VILLAGE COUNCIL
September 8, 2015
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 Assistant Clerk
Joyce Cunningham followed by the Pledge of Allegiance.
 

MEMBERS PRESENT:

Mike Schwab, Mayor
Dale Fox, Council Member                 David 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          Joyce Cunningham, Assist. Clerk
Chris Colucy, Fire Chief                    
 

MINUTES FROM THE AUGUST 17, 2015 REGULAR COUNCIL MEETING:

Mayor Mike Schwab asked if there were any additions or deletions to the August 17, 2015 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. 

MINUTES FROM THE AUGUST 31, 2015 SPECIAL COUNCIL MEETING:

Mayor Mike Schwab asked if there were any additions or deletions to the August 31, 2015 Special Council meeting minutes. 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN 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 $ 110,002.51.  Councilman Hilliard asked about the bill for John Barkan Consulting.  He asked about the length of his contract and is not pleased with information that was provided for the Police Dept. meeting.  The vote: All yes. 

AUDIENCE:

Council Rules: Members of the audience shall rise to be recognized, state their name and address, ask their questions or make their comments in a direct manner, and receive their answer in a like manner.  Members of the audience shall only speak at audience time, and shall be ruled out of order if they attempt to join in Council’s discussions.  Courtesy shall prevail at all times.

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

The mayor asked Council if they would like John Barkan to respond to Councilman Hilliard's concerns.  Councilman Hilliard thought the information presented at the Police Dept meeting was not what he thought was beneficial.   John Barkan responded and there was a lengthy discussion.  The comparisons presented were of AMP and like communities.   John Barkan shared that this is the process that you should go thru, and it takes time.  Job descriptions were brought up and have not been presented to the Village as of yet.

Councilman Tharp said he has not seen any figures from that meeting.  He would like to have the figures given to him.  His question is - Where are the job descriptions?  Need this information to go forth with a new wage ordinance.  John Barkan says he has drafts completed.  He is trying to do this process the right way.  Councilman Tharp says he wants job descriptions in front of him, even if they are drafts.  Why is it taking so long?  Councilman Hilliard decided that another meeting needs to be set up to discuss this. 

CONSIDERATION OF ORDINANCES:

RESOLUTION 30-2015: (Read as Resolution 31-2015)  A resolution authorizing the Village Administrator to prepare and submit an application to the Ohio Public Works Commission State Capital Improvement Program and Local Transportation Improvement Program for a Park Street Improvement Project, and to execute contracts as required.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to pass the ordinance as presented.   Councilman Hilliard asked the mayor to explain this.  This authorizes the VA to have an engineer draw up an application for a grant or 0% loan for the Park St. improvement project.  The vote: All yes.

RESOLUTION 31-2015: (Read as Resolution 32-2015) A resolution authorizing the Village Administrator to prepare and submit an application to the Ohio Public Works Commission State Capital Improvement Program and for a Water Treatment Plant Improvements Project, and to execute contracts as required.

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

RESOLUTION 32-2015: (Read as Resolution 33-2015) A resolution authorizing the Village Administrator to prepare and submit an application to the Ohio Public Works Commission State Capital Improvement Program and for a Wabash Underpass Water Line Project, and to execute contracts as required.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to pass the ordinance as presented.  Councilman Hilliard asked if this will not delay what will be done in the spring.  Mayor indicated this is for the 4" line replacement. The vote: All yes.

Second Reading: An Ordinance Awarding a Contract for Casualty and Liability Insurance to Wichert Insurance Agency.

First Reading: An Ordinance adopting an Employee Stand By program and modifying employee call out pay and adding both to the employee handbook.  The mayor explained the ordinance draft, and that this can be modified any way Council wants to.  Mayor indicated that council has a couple of meetings to decide on this matter.

MUNICIPAL DEPARTMENTS:

FIRE DEPARTMENT:Chief Chris Colucy

Councilman Hilliard asked if there was enough personnel.  The chief reported the department has answered about 500 calls so far this year.

The 3 area chiefs will sit down with Tuscarawas Twp. to go over the contracts and hope to get a 3 year contract instead of a 1 year contract.

Councilman Hilliard asked about the Fire Levy.  Chief Colucy stated that when Kris gets back from vacation, he will get with her for figures for the FEMA Grant application. That needs to be taken care of first.  He wants to get a flyer printed up to hand out at the Arts in the Blvd.  He wants to have a Town Hall mtg. and pass out the flyers at Halloween at the fire station.  Councilman Hilliard suggested to get some signs made up to support the levy.

POLICE DEPARTMENT: Chief Harry Porter (on vacation)

Captain Creter has been working with Fairless schools about changing the appearance of the roadway in front of the 3 schools.  They have put cones in the street to make people more aware of the crosswalks. He is getting prices for solar powered school zone signs and solar powered signs on Elton St.  We will see what kind of money it will take.  Mayor will let council know.

Councilman Hilliard thought that the cones are a great idea, it slows the traffic.

Councilman Godwin stated that safety is not cheap.

The Mayor asked Council if there was any communication to pass on to the chief.  There was none.

VILLAGE SOLICITOR:Attorney John Anthony

Solicitor Anthony commented on the memo in review of the legality on the stand by pay, every case is different.  It is a case by case decision when viewed by the Code of Federal Regulation and Fair Labor Standards Act.  The rates of compensation is the customary practice in the community. 

Income Tax templates by the Ohio Municipal League. - I have not gotten thru them.  Changes in the law go into effect Jan 1.  It is a lengthy process.  

Councilman Hilliard, from what I am understanding - a lot of the employees don't want a on-call policy.  The Mayor indicated it will be up to the VA to designate who will be on-call.  Will the employees have to sign some kind of agreement that they are going to be on call?  

Councilman Tharp asked about if the employees will receive the changes to the employee handbook and if they will have to sign for the changes.  Mayor indicated yes all employees will get any changes and will sign receiving the changes.

COMMUNICATIONS:

Sherie Brown from Massillon Public Library will attend the September 21 Council Meeting.

Fairless High School Yearbook donation request – Four Blocks of Ads in Yearbook= $ 125.00.

Schedule for the 64th Annual OML Conference & Workshops 10/21 – 10/23 - $ 75 per day or $ 175 for the 3 days.

ODOT Repair of State Routes within Corporation Limits – SR 93 Crack Sealing in 2016;  

Legislation required for an agreement with ODOT (sample provided by ODOT is
Emergency measure).  This free of charge.  Will have to pass legislation.
Fairless Food Cupboard Toy Distribution scheduled for November 19 – Donations suggested.

Stark-Wayne-Tusc Waste Management District has extended the Yard Waste & Recycling

Drop Off Host Community Cleanup Grant agreements for one year through Dec. 31, 2016. 

Councilman Hilliard brought up that the Historical Society is having a Dinner & Show at the Wandle House on Oct. 10th. $20.00 per person for the show and dinner.  The show is "How I Survived the Sinking of the Titanic" by Chris Hart.  Please call the Historical Society for tickets.

VILLAGE ADMINISTRATOR: VA Robert Pauley (on vacation)

Administrator’s Report:  No report

Councilman Tharp was approached about the trees along Main St. by the Post Office. Residents have requested that those trees come down, 244 Huron St. has requested the tree there be removed, and directly across from there is a dead tree.  Councilman Tharp stated that the trees along Main St. are big trees - maybe they can be taken down in sections.

VILLAGE MAYOR: Mike Schwab

Pavilion construction is complete; electricity installed; Recreation Board held a Ribbon Cutting Ceremony on 08/29, was a great night;  ODNR have not submitted invoice yet, will get a 75% reimbursement.  Concrete pads at steps & handicapped ramp and walking path restoration needs to be completed.  Estimate  from Ziegler Concrete to replace the portion of the Walking Path affected by Pavilion with concrete (100’ X 5’) = $ 3500 front steps & handicap ramp = $ 650 total for both pads.  

Draft of legislation for an AMP short term contract for purchase of a block of 1 MW electric for 2016 & 2017 and another block of 1 MW power for 2016 – 2021; the cost is not to exceed $ 39 per MW; Current costs are $ 69 per MW and up; recommended by AMP, VA, and Mayor; urge Council to Suggest - Have legislation created and start readings w/possibility of emergency consideration.  There were questions asked by Councilmen, the Mayor and Councilman Mackey answered them.

Discussions continue with Atlas Power about a Solar Field installation; we are attempting to nail down the best financial/logistical deal for Village; Village has also been contacted by another solar company as well as AMP, both of whom we will meet in next several weeks.

Zoning addition proposal: Alternative Energy Systems & Wind Energy Systems; Will email rough draft to Council for your review; Procedure for Zoning changes – Council sends to the Village Planning Commission for review & recommendation;  the future demands us to protect  and provide power to the Village, and will ask Council to set up some legislation.

Zoning Board meets on Thursday, September 17th  to review a variance requested by James & Judy Cowling of 383 N. Wabash for the construction of a 16’ X 23’9” car port adjacent to their home.

Does Council desire to have Fall Clean Up?   If so curbside or drop off, or both. Discussion. 

A contract from DJL Material & Supply for the Crack Sealant Program – Request approval of up to $ 9,000 to sign this contract.

WWT Supt: Request to replace fencing & gate.  Kenmore Construction is replacing a new pump station gate and fencing and would like to replace 40 ft. fence of old fencing to match the new fence that is being replaced.  $4,500 for a gate & fence and $11,000  for gate & fence with a automatic closure.  Councilman Tharp is requesting to see a breakdown of costs.  Discussion on which fund it should be taken from. The Sewer Fund or Capital Project Fund.

Councilman Mackey asked which fall clean-up process we should use.  Discussion.  A trash hauler could be brought in to do a one day clean-up.  Need to get 3 quotes for comparisons.

VILLAGE CLERK-TREASURER:Kris King (on vacation)

Check register for tonight's meeting provided for Council's signatures.

August financials and Year-To-Date reports.

Letter from Ohio Insurance Services:  COBRA TPA for $650/year.

Fire Pay for August is $ 7,404.97.

Ohio Municipal League's Annual Conference will be held Oct. 21st-23rd in Columbus.

Reminder: Applications for the 2015 Arts on the Blvd. are available in the Clerk's Office.  The event is Sept. 26th, 2015 from 11am-5pm on West Main St.  This is a free event for vendors and visitors.

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

Time to think about Halloween observation; Sat. October 31st 6:00 to 7:30 pm has been suggested.

REMINDER:              Arts on the Boulevard: September 26th, 2015 - 11am to 5pm

EXPENDITURE REQUESTS from past Meetings:

Fairless Midget Football Association requested a $ 500 donation for equipment.

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 MACKEY to create an ordinance to purchase power for our Brewster Energy portfolio and to do the ordinance as emergency.  The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY to draw up an ordinance for a municipal Income Tax to meet HB 5 requirements.  The vote: All yes.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD  to draw up a contract for the approval for up to the $9,000 for the street sealing.  The vote: All yes.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX to approve $500 donation to the Fairless Football Assoc. to be taken from the Recreation Fund.  The vote:  All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY to approve the Firemen's Pay of  $7,404.97 from the Firemen's Fund.   The vote: All yes.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX to observe Halloween on Sat. Oct 31st, Trick or Treat from 6:00 PM to 7:30 PM, the Rec. Board   will have judging at the Fire Dept. after Trick or Treat. Rain date is Sun. Nov. 1st, 6:00 PM to 7:30 PM.  The vote: All yes.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN to create an ordinance to authorize repairs on SR. 93 within the corporation limits by ODOT, and to do the ordinance as emergency.  The vote: All yes.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP to approve the sidewalk for the pavilion and 2 pads at the pavilion.  It will be cement.  Project to be taken from the Parks & Ground Fund.  The vote: All yes.

VILLAGE SPEAKS:

Rick Breden of 525 N. Wabash Ave. is requesting that the alley adjacent to his home be returned to two-way traffic.  Ordinance 21-2002 designated Pennsylvania Place as one-way.

Audience comments on agenda item:

Ray Heitger brought up the use of the pavilion for Halloween.  Lighting is an issue.  Council decided to use the Fire Dept. again this year.

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

Respectfully submitted,

Joyce Cunningham, Assistant Village Clerk-Treasurer

Mike Schwab, Mayor