December 21, 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.
MEMBERS PRESENT:
VILLAGE OFFICIALS/EMPLOYEES PRESENT:
MINUTES FROM THE DECEMBER 7, 2015 REGULAR COUNCIL MEETING:
Mayor Mike Schwab asked if there were any additions or deletions to the December 7, 2015 Council meeting minutes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to accept the minutes as presented. The vote: All yes.
PRESENTATION OF BILLS:
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to accept the bills for the amount of $ 451,681.06. 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.
No Audience wished to speak.
Audience in attendance: Ray Heitger, Cindy Mackey and Ann Margaret Lambo.
GUESTS:
None
CONSIDERATION OF ORDINANCES:
ORDINANCE 50-2015: An ordinance authorizing Sweetwater Pump Station Project Change Order #2 was given third reading.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to pass the ordinance as read. The vote: All yes.
ORDINANCE 51-2015: An ordinance authorizing the transfer of funds from General Fund was given third reading.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY to bring the ordinance forward for passage. There was discussion on which funds need assistance the most and how the funds should be distributed. Council Member Mackey asked Clerk King to explain the ordinance. Clerk King discussed how she came up with the figures for the transfer.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to amend the ordinance to transfer $9,000 to the Parks and Grounds Fund and $9,000 to the Street Resurfacing Fund. The vote: All yes.
The vote to pass the ordinance as amended: All yes.
ORDINANCE 52-2015: An Ordinance amending Ordinance 11-2015 for Supplemental Transfers in 2015 was given third reading. Council Member Mackey asked Clerk King to explain the ordinance. Clerk King explained how this will true-up the line items within each fund.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to pass the ordinance as read. The vote: All yes.
RESOLUTION 53-2015: A Resolution authorizing Temporary Appropriations for 2016 was given third reading. Council Member Mackey asked Clerk King to explain the resolution. Clerk King explained this resolution allows the Village to operate until the permanent appropriations are passed.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to pass the resolution as read. The vote: All yes.
ORDINANCE 54-2015: An Ordinance authorizing the Amendment & Appropriation of $49,500 to General and Sidewalk Capital Improvement Funds was given third reading. Council Member Mackey asked Clerk King to explain the ordinance. Clerk King explained this ordinance allows additional funds received to be appropriated and expended.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to pass the ordinance as read. The vote: All yes.
ORDINANCE 55-2015: An Ordinance authorizing a Contract to Provide Fire/Ambulance service to Tuscarawas Township for 2016-2018 was given third reading.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to pass the ordinance as read. Council Member Mackey asked the amount and duration of the contract. Chief Colucy stated it was for three years and a minimum of $47,000 each year. The vote: All yes.
First Reading: An Ordinance authorizing an Application for Municipal Road Funds for Elton Street SW. Council Member Hilliard discussed the need for the passage of this ordinance under emergency. It will need to be passed under emergency in order to meet the application deadline.
First Reading: An Ordinance adopting Permanent Appropriations for 2016.
First Reading: A Resolution authorizing a Depository Agreement with PNC Capital Markets, LLC. Council Member Fox asked that the clerk’s name be removed and the resolution only include the position’s title. Solicitor Anthony explained that Clerk-Treasurer King’s name was included in the sample draft resolution from the bank. Clerk King will check with bank to see if her name is necessary on the resolution or if the position’s title is sufficient.
Requested by the Clerk:
RESOLUTION 56-2015: A Resolution to Amend and Appropriate $5.00 to the Police Car and Equipment Fund and declaring an emergency was given first reading. Mayor Schwab asked the Clerk to explain the reason for this resolution. Clerk King responded that this is in response to an oversight in the fund. The funds were available due to the change in the quarterly transfer to this fund, but the appropriations had not been adjusted.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to suspend the rule requiring three separate readings and bring the resolution forward for passage. The vote: All yes.
COUNCIL MEMBER GODWIN 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
Paramedic Scott Borojevich was in attendance to answer any questions related to his reimbursement request of $3795.50 in tuition paid for Paramedic school he completed eight years ago. He provided documentation for the bills and signed an agreement for 3 years of service with the Village. A three year repayment schedule was discussed.
From Asst. Chief Mohler – An email that provided number of Paramedic calls between 6 p.m. and 11 p.m. This was in response to a question about having a medic on duty between those hours.
Chief Colucy is requesting two Council Members volunteer to be on the Firefighters Dependency Board for 2016. Councilmen Hawk and Tharp stated they would be willing to fill the positions.
The department had applied for grants from ODNR for additional turnout gear along with grass fire protective gear. The Village grant applications fell below the funded level.
POLICE DEPARTMENT: Chief Harry Porter (on vacation)
Chief Porter will be on vacation through January 4, 2016.
Monthly Financial Statement to Council: Received $724.50 in fines and $4.50 in report fees.
VILLAGE SOLICITOR:Attorney John Anthony
Solicitor Anthony stated that the Local Board of Municipal Income Tax Review is required by code.
Solicitor Anthony reported on the vegetation management easement agreements. Negotiations are still ongoing with Shelly Industries.
HUMAN RESOURCES CONSULTANT: John Barkan
Mr. Barkan has sent out 2 different emails since the last Council of the Whole meeting on the Police Department wages. The first one crunched the numbers from that meeting and the other one showed how the structure would change if the Captain position was eliminated.
COMMUNICATIONS:
Ohio EPA: The W & LE Railway has made application for an Ohio EPA Discharge Permit for the release of pH, Oil & Grease, and Suspended Solids into Sugar Creek; EPA is inviting Public Comment.
Stark RPC: 2016 Stark Law Governmental Law Seminar on Saturday 02/06 from 9 am to 2 pm; invites all elected officials; $25.00 includes lunch; A very worthwhile seminar. Council was given copy of the flyer.
Massillon Cable TV: Rate increase in February & negotiations with AMC Networks.
Recreation Board Report/2015 Christmas for Village Children - $ 398.80; includes a new Santa suit purchased at $50 that will be used for future events.
VILLAGE ADMINISTRATOR: VA Robert Pauley
Administrator’s report for period 12/08/2015 thru 12/21/2015:
- Street Department, with assistance from other departments, completed another round of street patching 1st week of December.
- Following on Councilmember Fox’s suggestion, the Street Superintendent indicates that to accomplish snow removal on the walking path in Bimeler Park a snow-blower attachment would be needed for the department’s Ventrac at a cost of $3,751.00
- Water and Wastewater departments, with assistance from other departments completed the water & sanitary sewer taps for the new home on Cleveland Ave SE.
- Electric department working with Brewster Cheese for placement of pole & transformer for the sludge storage building at Brewster Cheese.
- Electric Department - McKinley backbone circuit rebuild set to advertise December 22 and 29, bid opening January 20, 2016, recommendation to council on February 1, 2016. Mobilization of contractor beginning February 8, 2016 and construction to begin February 29, 2016 and completion by July 1, 2016. For this aggressive schedule I would ask that legislation to be prepared for award of contract with adoption by emergency measure. This would allow for construction to be done prior to the summer electric high-usage period (1CP and 5CP peaks typically occur in July during the air conditioning season).
- Received notice from AMP that, on behalf of all participants in the Efficiency Smart program, the sale of capacity savings produced by Efficiency Smart projects (11.4 MW of capacity savings) were bid into the PJM capacity market. The first-year revenue from this sale totaled $391,794.53. The village’s share, $1,448.17, on this installment will be credited as an off-set on the power supply invoice.
- With Clerk-Treasurer completed necessary documents for the OMEGA JV5 project to take the Series 2004 bonds from AMP’s line of credit for a private placement for the debt remaining on the line of credit, to refund the loan. This action is estimated to save the OMEGA JV5 participants approximately $2.5 million per year in interest cost for the next 8 years.
- Sweetwater project - Hazen & Sawyer finalized Change Order #2 in the amount of $13,706.95 for Kenmore Construction, this included the 38 calendar day extension for the contract. The revised contract amount will reflect $4,268,304.93. Hazen & Sawyer is awaiting documentation from Kenmore Construction for formal Substantial Completion of the project and Change Order #3.
- A request for finalized project synopsis of the proposed solarfield development project, with draft PPA was emailed to interested parties. The project synopsis is due to the Administrator no later than December 28, 2015 for distribution to Council at the January 4, 2016 council meeting for review and consideration. It is Council’s intent to have a recommendation for selection by the Monday, January 18, 2016 council meeting to proceed with development of the project. I would request that the necessary legislation for award of this project be prepared.
- I would request an Executive session to consider the sale of village owned property at competitive bidding.
- Reminder - Curbside Christmas tree pickup will begin on Monday, December 28th and run thru Friday January 15, 2016. Residents may drop off Christmas Trees at the yard waste recycling center, and the winter Snow Parking ban is in effect when snow depth is 3” or more. No on-street parking at that time.
Council Member Godwin asked what the deposits are for water and sewer taps. VA Pauley stated they are $750 each.
Council Member Hilliard asked why the McKinley project was being bid out. VA Pauley stated the project would require 120 days of dedicated manpower. Any company that may be awarded the bid will have people that can be dedicated for the duration. They are also able to perform “hot swaps” which will eliminate the need for power outages during the project. Council Member Hilliard is concerned with what the linemen are doing. He asked about the LED light replacement. VA Pauley stated the street lights are being replaced with LED’s when the current light is failing to work properly. Council Member Hilliard thinks they should all be changed out. Council Member Tharp stated two of the guys are working down at Brewster Cheese on their current project. VA Pauley stated the department is currently working as a two man crew as employees are finishing up their vacation days.
Council Member Fox asked if Council had reviewed the pictures of the walking path in the winter that he had sent out. He was surprised at how many people walked the path and that is the reason he asked about plowing the path in the winter. Mayor Schwab asked Solicitor Anthony if plowing the walking path would create liability for accidents that occurred on the path. Solicitor Anthony stated there are laws that could make it the Village’s responsibility but there are also some defenses in the law since we are a municipality.
VILLAGE MAYOR: Mike Schwab
Planning Commission (PC) met on November 19 to review the proposed Alternative Energy Systems Zoning language amendment to the Zoning Code. Very productive meeting and using the VA’s background in alternative energy several suggestions were offered to modify the proposal draft. The draft is being modified accordingly and the PC is scheduled to meet again on January 7, 2016 to continue the review.
Proposed Solar Project:
- Minster, Ohio Solar Field info: Not an endorsement, intended as a follow up to Mr. Dwyer’s presentation on 12/07/2015.
- Owner of potential solar field site has accepted Council’s monetary offer to purchase 12 acres pending a Village contract with a solar investor/contractor. We need to work out some of the details as to who pays fees and taxes and so forth.
- Some additional costs to prepare for purchase – surveying of property, split and re-plat for recording with County, and possible cost of providing the purchase/sale documents.
- Some additional costs of preparing the solar field site – rehabilitation of current access road as well increasing the length of the access road to the solar field site; a rough estimate by Supt Patterson is $ 16,000 for up to two weeks work; In addition, a gate will need to be installed at Army Corp property line to limit access – cost unknown.
- Village will need to involve Fairless BOE before proceeding with access road.
- VA has asked API, Solar Planet, AMP, and American Renewable to provide their individual proposals (kW charges, PPAs, and so forth) by December 28 for Council’s review on January 4th.
- Suggest that Council include property purchase costs, related costs for that purchase, and solar site access preparation costs in their 2016 Budget.
The Mayor has asked VA to explore the purchase of Water Dept.’s 2002 Dodge 2500 4WD pick-up by the Street Dept., and the purchase of the Fire Association’s 2014 Dodge 2500 Ram Quad Cab 4WD pick-up by the Water Dept. He believes the purchase of the Water Dept. Dodge by the Street Dept. will save precious Street Equipment Fund dollars and provide Water with a newer pick-up a year earlier than planned. He is asking Council to budget for such a transaction in 2016.
Advised Mt. Eaton Mayor Rod Constable about Council’s proposal for Brewster to supply bulk water to Mt. Eaton. Mayor Constable will meet with his Council in the near future to review the proposal and advise Brewster further.
VA Pauley has provided Citywide Telemessaging with a revised Emergency Call-Out List. Thank you!
Proposal for Council Review: An employee cell phone allowance. Intended to initiate a discussion to get the Village out of the cell phone business.
For Council Review: Use of new pavilion and review of park fees. With the new pavilion and expected request for its use Council may want to consider reviewing current park fees and the use of Park facilities.
From Stark RPC - Community Transportation Planning Grants:
Past Village Councils have considered making application for a federally funded, State administered grant for the “Safe Routes to Schools Program” to construct sidewalks, curbing, and other pedestrian and/or cyclist access improvements at Fairless Schools. The major obstacle has always been the required School Travel Plan (engineer: $ 15,000 - $ 25,000 – RPC estimate) which is required in the grant application Planning -
- Grant applications can be made to Stark RPC to fund an ODOT approved School Travel Plan study which is key to making a Safe Route to Schools application.
- Deadline is 01/22/2016 and the RPC has set aside $ 60,000 to fund two or three studies in Stark County in 2016.
- Mayor has asked Jack Jones of PDG to provide a cost to make an application for a Community Transportation Planning Grant for the ODOT approved “School Travel Plan” study. PDG’s cost to make an application is $ 1,500.00.
- If successful in receiving funding thru RPC for the School Travel Plan study, the Village would be responsible for 10% of the study which will cost $ 10,000 - $ 20,000 (PDG estimate).
- The Second Part: I assume the cost of preparing the Safe Routes to Schools Program grant application is at least $ 20,000 possibly more.
- The Third Part is the actual construction that can possibly be funded at 100%, but a local match would enhance chances of receiving funding considerably.
- The cost of the project may be prohibitive.
Council Member Mackey asked that as a business owner, would you buy a 14 year-old vehicle that was going to nickel and dime you to death? Mayor Schwab stated this was not going to be their primary vehicle. The truck was only going to be used to run errands and spray for mosquitoes. He did not feel that a new truck was a necessary expense and the Village should work within its means. Council Member Hawk stated it is nice to drive a new truck and have a nice image but you have to work with what you have. Council Member Tharp asked what the 2002 Dodge was worth. Mayor Schwab stated it had a bluebook value of $4,500. Council Member Hawk stated if the truck was serviced correctly it could be worth more than a new truck. Council Member Mackey stated this is just another example of the Brewster existing as a third world village. The engine in the 2012 Ford Explorer was then briefly discussed.
VILLAGE CLERK-TREASURER:Kris King
Final numbers for our self-insurance portion of the health insurance: Of the $121,500 of exposure the Village only used 34.78%. The estimate of usage from the insurance company was 75%.
Lighting contest: 1st Place – Chris Weaver
2nd Place – Ed Harris family
3rd Place – Mike Compan family
Santa in the Village: The Heitgers and the Witting sisters did a great job. Santa was a hit!
Merry Christmas!
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
Council of the Whole Meeting was held 12/07/15 to discuss the proposed sale of bulk water to Mt. Eaton.
EXPENDITURE REQUESTS from past Meetings:
From FD: Reimbursement request from Paramedic Scott Borojevich of $ 3795.50 for Medic Training completed in fall of 2008.
REMINDERS:
January 4th at 6:55pm – Administer Oaths of Office
January 11th at 6:30pm – Council of the Whole meeting with RCAP Utility Rates 101
January 25th at 6:30pm – Council of the Whole meeting: Employee wages and benefits
PENDING PROPOSALS FROM PAST MEETINGS:
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?
From FD: Reimbursement request from Paramedic Scott Borojevich of $3,795.50 for Paramedic training completed in the fall of 2008.
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 HAWK and motion carried to reimburse Paramedic Scott Borojevich $3,795.50 for his paramedic training he completed in the fall of 2008. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to have a resolution drawn up opposing the issuance of a discharge permit allowing the release of pH, oil and grease, suspended solids into Sugar Creek by W&LE Railway. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to include in the 2016 Electric Dept. budget the costs associated with the development of a Solarfield. The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to schedule a Parks and Grounds committee meeting on February 1, 2016 at 6:00 p.m. to discuss the pavilion rentals and other park related issues. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to put aside $25,000 of the Water Dept. budget for the purpose of purchasing the 2014 Ram Quad Cab 4WD pickup from the Fire Association and $4,500 of the Street Equipment Fund budget for the purpose of purchasing the 2002 Dodge 2500 4WD. The vote: All yes. Council Member Godwin stated there needs to be clarification of what equipment on the 2014 Ram will remain on the vehicle at the time of purchase.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to appoint David Wright as a probationary firefighter pending completion of a physical, drug screen, and background check. The vote: All yes.
COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carries to draw up an emergency ordinance for the award of the McKinley Avenue electric distribution circuit upgrade. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to prepare the necessary legislation for the award of the Solar Project. The vote: Hilliard, no; Mackey, yes; Tharp, yes: Fox, yes; Godwin, yes; Hawk, yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to go into executive session for the purpose of considering the sale of property at competitive bidding since disclosure at this time, would give an unfair advantage to person(s) whose personal, private interest is adverse to the general public interest at 9:00 p.m. with the Solicitor, Mayor, and VA invited to attend. The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to exit executive session at 9:11 p.m. The vote: All yes. No action was taken.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to go into executive session for the purpose of considering the purchase of property for Village purposes since disclosure at this time, would give an unfair advantage to person(s) whose personal, private interest is adverse to the general public interest at 9:12 p.m. with the Solicitor, Mayor, and VA invited to attend. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to exit executive session at 9:28 p.m. The vote: All yes. No action was taken.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCI L MEMBER MACKEY and motion carried to include cell phone discussion to the January 25th, 2016 Council of the Whole meeting regarding employee wages and benefits. Council Member Tharp stated with all the discussions already concerning employee wages with no decisions being made, he felt that a separate meeting was needed for the cell phone policy. Council Member Mackey suggested that the VA propose a cell phone policy for Council’s review since the policy was within the Village Administrators responsibility to make such rules. The vote: All yes.
"Village Speaks":
An email was received from Ken Shook of Superior Street asking what could be done about a junk car parked by the pizza shop. The Mayor will have Captain Creter contact Mr. Shook.
"COMMENTS FROM THE AUDIENCE":
Scott Borojevich thanked Council for their consideration of his request for reimbursement and understanding of the situation.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to adjourn the meeting at 9:32 p.m.
Respectfully submitted,
Kris King, Village Clerk-Treasurer
Mike Schwab, Mayor