November 2, 2015 - Meeting Minutes
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 GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to excuse Council Member Dale Fox from this evening's meeting. The vote: All yes.
MINUTES FROM THE OCTOBER 19, 2015 REGULAR COUNCIL MEETING:
Mayor Mike Schwab asked if there were any additions or deletions to the October 19, 2015 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 $ 59,649.84. 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: Ray Heitger, John Barkan, Cindy Mackey, and Ann-Margaret Lambo.
Ray Heitger, 317 E. Seventh St, wished to thank Council, the Police Department, and the Fire Department for all their help with Trick-or-Treat and the party in the park afterwards. He stated seventy to eighty children attended the party and costume judging. Mayor Schwab thanked Mr. Heitger, his wife, LaVonne and asked who the other helpers were. Mr. Heitger stated Judy Maybaugh, Toni Hess, and Mary Lou Klein also assisted. Council Member Hilliard also wished to thank the group and stated they did an awesome job.
CONSIDERATION OF ORDINANCES:
RESOLUTION 39-2015: A Resolution designating Bimeler Ball Park Field #3 as Denny Gehring, Sr. Field was given third reading.
COUNCIL MEMBER HAWK MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to pass the resolution as read. Council Member Godwin stated the family requested the name on the field be Dennis "Denny" Gehring Sr. Memorial Field. Mayor Schwab stated Denny was one of a group of people instrumental in the formation and operation of the youth sports for many years. Council Member Hawk stated that Denny had the respect of the people involved in the baseball league and when he spoke, they listened. The vote: All yes.
ORDINANCE 40-2015: An Ordinance Authorizing the Modification of Ordinance 21-2002 to provide Two Way Traffic on Pennsylvania Place (an alley off N. Wabash between 525 & 537 N. Wabash Avenue) was given third reading.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to pass Ordinance 40-2015 as read. Council Member Godwin checked with Chief Porter to make sure he was alright with this. The vote: All yes.
ORDINANCE 41-2015: An Ordinance Authorizing a One Year Contract with Attorneys Larry Chapanar & Ian Crawford for Village Prosecutor services in 2016 at $12,000 was given third reading.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to pass Ordinance 41-2015 as read. Council Member Godwin checked with Chief Porter to make sure he was alright with Ian Crawford. The vote: All yes.
First Reading: An Ordinance Authorizing the Sale of Unneeded Village Property on the Internet.
First Reading: An Ordinance Authorizing a Two Year Agreement with LOGIC/RED Center for Providing Dispatching Services for the Village Fire Department & the Village Police Department.
RESOLUTION 42-2015: A Resolution of Appreciation to Assistant Fire Chief Jen Mohler for organizing and participating in the Stark County Firefighters Memorial Service in Brewster on October 10th was given first reading.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to pass the resolution as read. The vote: All yes.
RESOLUTION 43-2015: A Resolution of Appreciation to Brewster Friends Church and Pastor Vance Weeks for providing their Church for the Stark County Firefighters Memorial Service in Brewster on October 10th was given first reading.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to pass the resolution as read. The vote: All yes.
RESOLUTION 44-2015: A Resolution of Appreciation to Fire Chief Chris Colucy for participating in and representing Brewster at the Stark County Firefighters Memorial Service in Brewster on October 10th was given first reading.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to pass the resolution as read. The vote: All yes.
RESOLUTION 45-2015:Resolution of Appreciation to Police Chief Harry Porter for participating in and representing Brewster at the Stark County Firefighters Memorial Service in Brewster on October 10th was given first reading.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to pass the resolution as read. The vote: All yes.
MUNICIPAL DEPARTMENTS:
FIRE DEPARTMENT:Chief Chris Colucy
Chief Colucy is requesting the replacement of five sets of turnout gear this year and four to five next year. The cost is $1,600 for each set of turnout gear for a total of $8,000 for the first five.
Chief Colucy reported that Tuscarawas Township is changing their Fire/Ambulance Contract from one year to three years. The Village will receive an additional $10,000 per year during those three years for a total of $50,000 per year. Council Member Godwin asked if the calls were up this year and Chief Colucy stated the calls have reached the mid 500's. Council Member Godwin commended the department for their participation at the fall sporting events.
Council Member Tharp stated he has received many positive comments from residents concerning the Police and Fire Departments and how they stepped up their involvement in the community. The vehicles driving around during trick-or-treat, being present at sporting events, the DARE program, and the School Resource Officer were mentioned specifically.
Council Member Hilliard revisited the fact that there are two hydrants in the First Street SW trailer park that are not working and haven't for years. He asked if they should be covered. Mayor Schwab stated the trailer park owns them and Solicitor Anthony stated his research to date found no way the Village could fix them and recoup the cost from the trailer park because it is private property. Chief Colucy stated that the Fire Department has to make all the Firefighters aware that the hydrants don't work and pull from the hydrant on Grant Street.
POLICE DEPARTMENT: Chief Harry Porter
Council Member Godwin is concerned about the School Resource Officer. He would like to see an officer at the school forty hours a week. Mayor Schwab stated there was an ordinance approved about the time the schools were annexed that the Village would provide an officer for fifteen hours a week. This has slowly been increased to thirty-two hours per week by the Mayors and Police Chiefs. Captain Creter would like to send Officer Benny Truman to school to be a Certified School Resource Officer (SRO). It is a thirty-eight hour course. Mayor Schwab would like to see the SRO program increased to forty hours and incorporate the DARE Program. The discussion continued with Captain Creter expressing concern with the amount of time investigations take along with the fact that the average number of calls is up one hundred per month from last year. He stated that the department has an excellent conviction rate and is well respected in the court system. This does not include traffic stops. Captain Creter expressed the need for more manpower. He stated that by adding one of our officers part-time to the Stark County Metro, a Narcotics Unit, we will in essence be able to utilize eight from that unit. Captain Creter stated the heroin problem we are having is a nationwide problem and we have already had two deaths from overdose. He commended Sergeant Denise Rossiter for the effort she put into trying to save one of the overdose victims. This has led to requiring our officers to take CPR classes and leading to the officers carrying and learning how to use the drug Narcan. Narcan reverses the effect of the heroin within the body of the overdose victim. He stated that heroin use is leading to more crimes in our neighborhoods. Mayor Schwab stated the Village may have to look into putting something on the ballot in the future to provide more funds. Brewster currently is at the lowest income tax rate, 1%, provided by the state. Mayor Schwab stated that even though the Village is in need of money for the streets, we need to put the safety and protection of our residents first.
VILLAGE SOLICITOR:Attorney John Anthony
There was an Income Tax meeting on Friday, October 30th at 1:30 p.m. with the Village Clerk-Treasurer and Mayor to review the changes, resulting from the adoption of House Bill 5. After nearly three hours of review, the legislation is close to finalization. A second ordinance adopting the changes is probably necessary before December 1, 2015.
Atty. Anthony asked Council to review a recent Open Meeting/Sunshine Law decision. It describes what happens if you are found in violation of the law. The opinion deals with emails of an information gathering nature.
COMMUNICATIONS:
From Ohio Insurance Services – The renewal of Village Employees Health Insurance through OPEC-HC is January 1, 2016 for a three year contract at a 25% increase; requires legislation.
Stark Regional Planning Newsletter: For 2040 Stark Comprehensive Plan RPC will provide each subdivision with survey of their needs; now accepting applications for next three year CDBG funding until noon on November 6th.
VILLAGE ADMINISTRATOR: VA Robert Pauley
Administrator’s report for period 10/20/2015 thru 10/30/2015:
Street Department, with assistance from the other departments continues Curbside Leaf collection and will continue as leaves and weather permits. Residents are urged to rake leaves to the treelawn to avoid blocking curbs, gutters & ditches.
Street Department be doing late-season patching as weather & leaf collection permits.
Next scheduled street sweeping is set for November 17th, weather permitting.
Water Department completed hydrant flushing on October 20 & 21 without complaint or incident.
Sweetwater project - Hazen & Sawyer compiling Change Order #2 to finalize the project. Awaiting documentation from Kenmore Construction for Substantial Completion. Legislation will be needed to approve Change Order #2 to finalize OWDA “final” repayment schedule. Council Members interested in touring the completed Sweetwater project can contact the Wastewater Superintendent directly.
Electric Department completed short outage (1 hour 31 minute) with Shearer's on Monday, Oct 26th, to allow for repairs stemming from the squirrel infiltration on the north substation that has direct service to the Shearer’s site.
Attended Ohio Municipal League Conference with sessions/presentations focusing on Ethics Commission updates, Social Media / electronic communications (emailed to Council Members for review of current policies & suggested possible revisions), Nuisance Abatement, Property Maintenance Codes (reviewing for possible updates / changes to current Property Maintenance code) and ODOT’s “RIMR” – local cooperation agreements and maintenance responsibilities.
AMP Solar Phase 2 - received correspondence indicating that project subscription invitations are expected to be sent out in the next 2 – 4 weeks. If AMP is successful with the alternative financing structure to take advantage of the Investment Tax Credits, it will require some modifications to the Power Sales Contracts (PSC) and the required Ordinances/ Resolutions. The revised PSC, Ordinances/Resolution and updates cost projections will be made available simultaneously to AMP member communities, and AMP staff will be available to present the project to council as desired.
I, with Councilmember Mackey, will be attending the AMP Focus Session – Group 9 meeting in Newton Falls on Friday.
Council Member Godwin feels that a November street sweeping is a waste of money and wants to non-perform that part of the contract. Council Member Hilliard thinks the Village should cut back on number of times it is done. Council Member Mackey doesn't think it needs done at all. He stated as soon as it is completed, people are blowing there grass out into the street. Council Member Hawk thinks it should be done two to three times a year.
Council Member Tharp asked if the numbers from AMP concerning solar power have been received yet. VA Pauley hopes to find out what they are on Friday at the AMP Focus Session.
Council Member Hilliard stated he would like to see the empty power poles removed. VA Pauley stated the Electric Department is waiting for other utilities to remove their wires before they eliminate the poles.
VILLAGE MAYOR: Mike Schwab
Zoning Board of Appeals Meeting Thursday, October 29 at 7 pm for a variance application to construct a 2000 sq ft accessory building 16.5’ in height at 384 Mohican. Variances requested were both addressed in Village Zoning Code Section 301.4(O) in which the building height is restricted to 15’ and the rear lot coverage to 30%, or in this instance 1930 sq ft. Both variances were approved by the Village Zoning Board of Appeals and Zoning Commissioner Pauley has been asked to expedite the Zoning Permit to allow construction to begin prior to unfavorable weather.
Planning Commission hearing was also held that evening to review the proposed Alternative Energy Systems Zoning language amendment to the Zoning Code. After a brief discussion it was decided to continue the hearing to another date to allow input by VA Pauley. Tentative date is set for Thursday, November 19 at 7 pm.
Documentation for NatureWorks Pavilion Project reimbursement has been submitted to the ODNR.
Asked Street Supt to contact the contractor employed to stripe parking spaces in downtown area and complete crosswalks at Schools to see when the work will be completed.
Proposed Solar Project: Atlas Power, Solar Planet, and AMP each have contacted the Village in the past two weeks. Nothing new to report from Atlas or Solar Planet, AMP promises to have appropriate cost numbers soon. Paul Mackey and I met with Mr. & Mrs. Miller this past Friday to discuss land purchase. VA has been in contact with Army Corp.
Tuscarawas Township Fire One Year Contract is up for renewal on 12/31/2015. Suggest Council have legislation created and processed for approving the renewal to be prepared upon the contracts submittal. Chief Colucy to provide contract numbers from Tuscarawas Trustees in near future.
VILLAGE CLERK-TREASURER:Kris King
Financial reports for October have been put in Councils' mailboxes.
Does Council need to address the AMP payment with an Ordinance? VA Pauley reminded everyone that this payment was covered in an ordinance passed last year.
Council Member Mackey asked if the materials have been purchased for the completion of the Village Hall renovations. Mayor Schwab stated this is a winter project and the materials have not been purchased yet.
Council Member Godwin asked about the Council table and whether there would be power hookups for laptops. Mayor Schwab stated there could be holes drilled and it could be wired for computers.
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
October 26 Council of the Whole Committee Meeting Minutes– Employee Wages & Benefits.
Council Member Godwin reported on the Council of the Whole Utility Meeting held tonight at 6 pm. Poggemeyer Design Group representative Jack Jones provided information that the Village has the capability and the capacity to provide water to Mt. Eaton and it would be in our best interest to pursue the project. He also discussed rate structure suggestions.
REMINDER: November 9 at 6:30pm - Council of the Whole - Parks and Grounds
November 16 at 6:30pm - Council of the Whole - Insurance (changed to start at 6:00 later in the meeting)
PENDING PROPOSALS FROM PAST MEETINGS:
Ohio Insurance Services Agency (Brian Savage) offers administration of COBRA program for $650 per year (Council copy on 09/21/2015).
ODNR Natureworks Grant applications deadline is May 1 each year.
Should Village prepare to submit applications for the next Round of Issue II funding due to be submitted in September of 2016 ?
Mt. Eaton Water connection proposal; Mt Eaton is looking for rate numbers.
Council appointment to Zoning Board of Appeals is needed to fill the existing vacancy; advertising for letters of interest until 3:30pm on November 13.
OLD or NEW BUSINESS: (Council Rules dictate a one meeting review period for expenditures, unless deemed an emergency)
From the Mayor: Respectfully suggest:
Create Emergency Legislation for additional modifications to the Village Municipal Income Tax ordinance.
COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to schedule a Council of the Whole meeting on November 30, 2015 at 6:30pm to discuss wages and benefits. The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to draw up an ordinance accepting the contract that provides fire and ambulance services for a certain portion of Tuscarawas Township by the Brewster Volunteer Fire Department. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to draw up an ordinance for Change Order #2 for the Sweetwater Pump Station Project. The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to draw up a resolution for the 2016 Temporary Appropriations. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to draw up an ordinance for the renewal of the employee health insurance. The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to draw up an ordinance of Supplemental Appropriations. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to draw up an emergency ordinance providing additional modifications to the Village Municipal Income Tax ordinance. The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to draw up an ordinance amending and appropriating additional funds. The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to draw up an ordinance for a General Fund transfer. Clerk King stated this was not set in concrete, but is hoping the income tax collections continue at the current rate and a transfer may be possible. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to change the Council of the Whole meeting scheduled November 16th for insurance discussions from 6:30pm to 6:00pm. The vote: All yes.
COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to schedule a Council of the Whole meeting on December 7th at 6:00pm to further discuss the Mt. Eaton waterline extension. Council Member Tharp asked if some of the discussion should be held in executive session. Solicitor Anthony stated there are certain aspects for which that would be acceptable. The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to non-perform the 5th street sweeping that was scheduled for November 17th. The vote: All yes.
There were no "Village Speaks" at this evening's meeting.
There were no COMMENTS FROM THE AUDIENCE at this evening's meeting.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to adjourn the meeting at 8:47 p.m.
Respectfully submitted,
Kris King, Village Clerk-Treasurer
Mike Schwab, Mayor