February 5, 2018 - Meeting Minutes

MINUTES
BREWSTER VILLAGE COUNCIL
FEBRUARY 5, 2018
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                  Andrew Hess, Council Member
Tom Hilliard, Council Member                   Sydney Radich, Council Member                              
 
VILLAGE OFFICIALS:
John Anthony, Solicitor                           Kris King, Clerk-Treasurer
Michael L. Miller, Village Administrator 
 
MINUTES FROM THE JANUARY 16, 2018 REGULAR COUNCIL MEETING:
Mayor Mike Schwab asked if there were any additions or deletions to the January 16, 2018 Council meeting minutes. 
 
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to accept the minutes as presented.  Clerk King asked that two changes be made.  Affinity is no longer admitting patients after February 21st, not Aultman.  The motion to adjourn the meeting were made by Council Member Hilliard and seconded by Council Member Radich.  Councilmen Godwin and Fox stated they both received a complaint from Mr. Tharp that the minutes from the last meeting did not contain all of the audience comments at the end of the meeting.  Clerk King stated Mr. Tharp’s five points and Mr. Heitger’s question were included on the last page.
 
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to make the changes requested by the Clerk.  The vote: All yes.
 
The vote to accept the minutes as amended: All yes.
 
PRESENTATION OF BILLS:
COUNCIL MEMBER GOWIN MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to accept the bills in the amount of $ 437,734.12.  The vote: All yes.
 
AUDIENCE:
Police Chief Keith Creter and Ray Heitger.
 
CONSIDERATION OF ORDINANCES:  Titles of each read by Solicitor John Anthony
ORDINANCE 04-2018: An Ordinance authorizing a contract with Massillon for Transportation of Prisoners and declaring an emergency was given second reading.
 
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to suspend the rule requiring three separate reading and bring the legislation forward for passage.  The vote: All yes.
 
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to pass the legislation as presented.  The vote: All yes.  Mayor Schwab stated that it costs the Village $125 to have a prisoner transported, $20 to issue a summons, and a minimum of two hours for a guard if the prisoner is taken to the Emergency Room.
 
First Reading: An Ordinance Authorizing the Adoption of an Employee Weapons & Dangerous Ordnance Policy and adding it to our Employee Handbook.
 
First Reading: An Ordinance Authorizing the Adoption of an Employee Workplace Violence Prevention Policy and adding it to our Employee Handbook.
 
First Reading: An Ordinance Authorizing an Agreement to Participate in the Stark County Schools Council of Government Cooperative Purchasing Program (Introduced by Mayor).
 
RESOLUTION 05-2018: A Resolution Authorizing the Village Administrator to make Application to the 2018 Stark County Municipal Road Fund Program for an Elton Street SW Improvement Project and Declare an Emergency was given first reading.
 
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to suspend the rule requiring three separate readings and bring the legislation forward for passage.  The vote: All yes.
 
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to pass the legislation as presented.  The vote: All yes.   VA Miller explained that he would be applying for $25,000 this year and then apply to roll it over to put with next year’s application and have a total of $50,000 for the project in 2019.
 
MUNICIPAL DEPARTMENTS:
Fire Department: Chief Chris Colucy (excused for work)
January Emergency Medical Services deposits = $10,589.41 (reported by Asst. Chief Jen Mohler).
 
Chief Colucy: Advises that the new Ambulance is to be delivered the week of March 18th.  The old ambulance that it is replacing will be put up for auction through Kiko’s Auctioneers.  There will be a minimum bid of $12,000 plus the fee from Kiko’s.
 
Chief attended the County Meeting w/State Fire Marshall – received $ 75,000 in grants for MARCS radios.
 
73 calls in January and 85 calls to February 4th.
 
Police Department: Chief Keith Creter (excused)
January Activity Report (1024 calls).
 
Update: Work on the Police Building lobby and patrol room reconfiguration by Street personnel continues.  VA Miller touched on the $6,000 budget.  The reconfiguration makes it more public friendly and officer safe.  The Drug Take Back secure container is still available in the lobby.  Chief Creter stated the Street Department is doing a great job.
 
Chief & Mayor: On 10/02/2017 Council ok’d $ 3000 in 2018 budget for the purchase of a second Speed Sign: AC powered = $ 2570; unless current Council has objections, the sign will be ordered.
 
Officer Hanner is the Junk Vehicle Officer and will be devoting 4 hours a month to this task.
 
Councilman Hilliard would like to see two officers on duty at the same time sometimes to curb the speeding he has received complaints about on the north side of town.  Chief Creter reminded him that the semi-trucks appear to be going faster than they actually are at times.  He also stated he would do what he could within his budget.
 
VILLAGE SOLICITOR:Attorney John Anthony
Solicitor Anthony has sent out seven collection letters to delinquent accounts for ambulance transports.  He is disappointed that so far he has only received one response.
 
Solicitor Anthony continues to work on the parking regulations with input from Chief Creter.  
 
Solicitor Anthony discussed the Municipal Income Tax amendments by the State.  There is a potential for emergency legislation on 02/20 regarding municipal income tax modifications: In the event the Court does not grant the injunction in the pending lawsuit in the Franklin County Court.
 
COMMUNICATIONS:
American Legion Post 160/Andy Codispoti: Letter requesting that Village sponsor a Fairless student to participate in the 2018 Boys’ State at Miami University; sponsorship = $ 350 (Council has received a copy).
 
Via Paramedic Coordinator/Asst. Fire Chief Mohler - Safe Kids Stark County Donation Request: April 21st from 10 am until 1 pm Safe Kids event at Fairless High School for area children; to interact with & be educated by Police & Fire personnel; 1st time in W. Stark; $ 250 donation suggested; (Council has received a copy)
 
Stark County Health Department: Designate a Village representative to the District Advisory Board; Mayor requests that Council designate the VA as the Village’s representative.
 
The Recreation Board has scheduled the 2018 Easter Egg Hunt on March 31st.  The event is for children from 1 – 10 years of age and is scheduled at noon.
 
Councilman Hilliard stated that the Brewster-Sugarcreek Historical Society is holding a Quarter Auction on March 10th.  The doors open at 11:00 am and the auction will begin between 12:30 and 1:00 pm.  Donations of items to be auctioned are currently being accepted.
 
VILLAGE ADMINISTRATOR: Mike Miller
Administrator’s report for period 1/17/2018 thru 2/5/2018:
Stark County Schools Council of Governments Cooperative Purchasing.A potential benefit of being a member of the Stark County Schools Council of Governments is participation in their cooperative purchasing program. Participating in the Stark County Schools Council of Governments Cooperative Purchasing Program would allow Brewster to purchase goods and services that have been competitively bid or otherwise meet Ohio Revised Code purchasing processes.
 
In addition, participating in the Stark County Schools Council of Governments Cooperative Purchasing Program would allow Brewster to purchase nationally bid products and services through the Association of Educational Purchasing Agencies (AEPA).
 
There is no cost, and the Village is not required to use any of the vendors.
 
While I cannot identify what (if any) goods and services might be purchased through the Stark County Schools Council of Governments Cooperative Purchasing Program at this time, having additional options to purchase goods and services where they have already been competitively bid and/or at lower costs is a good option to have for the benefit of our residents.
 
MCTV & Fiber Optics.The Village has been approached by MCTV about obtaining an easement to locate fiber optics telecommunications unit on Village property. The purpose is to allow MCTV to begin the process to run fiber optics throughout the Village. Village residents and businesses would both benefit from the increased speed and “bandwidth” that fiber optic system would bring. The location identified is at the “North Fire Station”, to the west of the existing drive. The easement would be 25 feet by 25 feet. The Village of Navarre recently entered into a similar arrangement.
 
I am requesting Council authorize the Village Administrator to proceed with negotiations with MCTV regarding the proposed easement to locate fiber optics telecommunications unit on Village property, and to then bring the proposed easement back to Council for their approval.
 
Proposed Solar Field.I was contacted by Willey Sandel of AMP and provided an update on the proposed Solar Field Project. Changes from the last update are that a purchase agreement for the Miller property continues to be negotiated by attorneys for AMP and the Miller’s, but that there are some new demands from the Miller’s that would fall on the Village, which are:
 
  • Cutting the outside of the facility a minimum of five (5) times per year. I feel that this demand can be fulfilled
  • Allowing the Miller’s to continue to use their ATV around the outside of the property. I feel that this is reasonable, and in fact the Village benefits from the Miller’s keeping an eye on the facility. I would extend it just to the Millers.
 
Note: The purchase continues to be negotiated and funded by AMP, but the property will be in the name of the Village of Brewster, as will the lease agreement with NextEra if the purchase is successful.
 
Paving and Pavement Preservation.In response to an invitation from Strawser Construction, Street Superintendent Rick Patterson, Mayor Schwab, and I will be attending a session on pavement maintenance on Tuesday, February 13th. I have provided Council with a copy of the agenda.
 
As I reported to Council last year, ODOT has made a shift to road preservation, which we saw on Route 30 recently. Both ODOT and Stark County Engineer’s Offices have indicated they will be making use of micro-resurfacing this year, one of the pavement preservation methods to be addressed. It is in the best interest of Brewster to explore different alternatives to maintaining our roadways, and since they will be in Stark County it is possible that the Village could get lower costs because they are already mobilized.
 
2017 Community Transportation Planning Grant - School Travel Plan.We have been informed that we have received a 2017 Community Transportation Planning Grant. We will be coordinating with Stark County Regional Planning on the details of the grant and study. RPC will be handling the RFQ (or RFP) for the engineering study, with Village input. We called the project that the Brewster Downtown to Fairless Schools Connector. Our request for funding was to complete a study to connect the downtown to Fairless Schools (High School, Middle School, and Elementary School). We have not been informed yet of the amount we will receive. The grant requires a 10% match from the Village - $1500 to $2500 to obtain the $15,000 to $25,000 grant.
 
The primary purpose is to develop a School Travel Plan to qualify for ODOT funding. However, the Connector project has many concurrent purposes. The Connector would become a corridor, with the route not only being a path for students to safely walk to school but also be an initial phase to connect Village Parks by creating a Village wide connector loop. The Connector would also be constructed in a manner compatible with the Stark County Parks conceptual trail from Navarre through Brewster. The concept would be for the Connector project to incorporate a ten (10) foot wide pathway, curb and gutters, wide tree lawns with trees, and street improvements that could include realignment for safety and possibly narrowing width of pavement at various points to help traffic calming.
 
A meeting has already been set up between the Village and Stark County Parks to begin coordinating on the study and on the future projects.
 
Low Water Pressure Concerns.On Thursday February 1st Village personnel met with Grabill Plumbing to go over a Checklist and process for checking low water pressure concerns, so that we are consistent in what we check for and so that residents know what we are checking and looking for.
 
After reviewing the draft checklist, an additional item was added – substituting the faucet aerator if is low flow to a higher flow aerator to illustrate the difference. What this entails is that the plumber will be removing the resident’s aerator, if it is low flow, and replacing it with a higher flow aerator to illustrate the difference. After the demonstration, the resident’s aerator will be placed back. I recommend that IF the resident wants to keep the higher flow in place, we do so for that location ONLY.
 
The date of February 13 has been set to begin the process. The first day while we initiate the process we will schedule three (3) addresses in the area previously studied for low water pressure. We estimate that each location will take about 2 to 3 hours to complete (time may be reduced after becoming accustomed to the process). After the first three (3) we will review the process/checklist and then continue with additional addresses.
 
Employee Handbook.I previously forwarded a draft of 5.14 Travel Policy. The draft of 5.14 Travel Policy amends our current policy passed in September of 2008. I also forwarded for background:
  • our current policy passed in September of 2008
  • amendments passed in Ordinance 08-2016
  • what had been drafted up as amendments before I got here
 
While the draft of 5.14 Travel Policy is considerably longer than our current policy, it covers every issue that I am aware of that has come up with State Audits. It is very similar to what Stark County has in place. The draft of 5.14 Travel Policy includes what we have, what is in the ordinance amending our current policy (8-2016), what had been drafted up as amendments before I got here, and a LOT of things the Auditor of State requires.
 
I left it up to Council to choose regarding gratuities or tips. It isn’t in current policy (we do not reimburse tips); it was in at a max 18% in Suggested Changes; I have both the current (none) and a max 20%, which can be adjusted as well. Council’s call.
 
In addition, I have updated the Village’s Travel Pay Policy (numbered now 3.21). I have forwarded a marked up draft with new language in red so you can see what has been changed (original language in black.), as well as a “clean” copy.
 
I am requesting that Council create legislation and begin the process to adopt both 5.14 Travel Policy and the 3.21 Travel Pay Policy policies on a non-emergency basis, make it a codified ordinance in Chapter 38 EMPLOYEE REGULATIONS of our Codified Ordinances, and add it to our Employee Handbook.
 
Agreement with Stark County Metropolitan Sewer District.Wastewater Superintendent Dan Klein, Wastewater Technician Craig Prater, and I met with Sanitary Engineer James Troike of the Stark Metropolitan Sewer District regarding future extension of sanitary sewer lines outside the Village corporate limits. The impetus behind the meeting goes back to something that I had in my March 6, 2017 VA Report. In my March 6, 2017 VA Report I discussed the possibility of reaching an agreement with the Stark County Metropolitan Sewer District to establish the terms for any future connections of residences outside the Village now, so that that issue is resolved before an “emergency” or funding becomes available to avoid a rushed process.
 
While an emergency hasn’t occurred, there is currently a home located outside the corporate limits on Route 62 that is for sale and has no access to sewer (possible failed septic?). Homes in that area have septic systems and wells, on smaller lots, and were identified in the NEFCO (Northeast Ohio Four County Regional Planning and Development Organization) for future sanitary sewers.
 
There is a downside to the Village extending sewer outside its corporate limits, including that the cost, which could be higher due to potential pump stations and/or pipe size, would have to be at least partially absorbed by our current Village residents. Adding those costs to our residents to serve property outside the Village in my opinion does not serve our residents well, and should not be done if it increases their rates with no reasonable return on investment. An agreement with the Stark Metropolitan Sewer District would allow property outside the Village to be served, while making sure the costs to do so remained with those served and not shifted to our residents. An agreement with the Stark Metropolitan Sewer District would also allow for property outside the Village limits to flow to our treatment plant, at a cost that would cover the Village’s cost to treat. An agreement would/could be similar to that the Stark County Metropolitan Sewer District already has in place with Navarre, Canton, Massillon, and Alliance. This would allow us to have an established process to deal with individuals that approach the Village with failing septic systems that avoids current Village residents from potentially subsidizing new customers.
The Stark County Metropolitan Sewer District will provide the Village with a draft agreement for us to review. Once we have reached what we feel is a fair agreement, it will be forwarded to Council for you to consider.
 
Councilman Godwin asked the VA to report on the Village’s paving plans for 2018.  VA Miller stated that he and the Street Superintendent have been reviewing the rankings obtained by an outside source to make that decision.  Thus far, 7th Street is definitely on the list since the Village has OPWC Grant to cover 49% of the cost of this project.  West Main Street was discussed.
 
Councilman Hilliard asked how the low water pressure issue was being looked into.  VA Miller has six residents that are willing to allow an outside contractor and Village workers enter their homes and perform some tests.  If the process appears to be successful, it will be offered to other residents that wish to have the process completed in their homes.  Flow vs. volume was discussed.
 
Councilman Hilliard was concerned about the agreement with the Miller’s concerning their use of ATV’s near the Solar field.  Mayor Schwab stated that waivers would be drawn up and that this would only apply to Mr. and Mrs. Miller.  It was part of the original agreement. 
 
Councilman Hilliard questioned where the property was located that could not get a sewer system according to the County.  Extending Village services was discussed. 
 
VILLAGE MAYOR: Mike Schwab
Mayor Schwab continued his Annual State of the Village Report by providing two pages for each utility of information on the Water, Sewer, and Electric Utilities.  He provided 2017 accomplishments and 2018 goals for each utility.  He also provided his conclusions and recommendations for the coming year.  Consistent among the three departments were: An Asset Management Plan, a rate study, and updating regulations.   Education and cross training were also noted in the Water and Sewer Utilities.
 
VILLAGE CLERK-TREASURER: Kris King  
January 17- February 5, 2018:
December fire pay: $ 5,824.41 and January fire pay: $ 6,355.82.
 
January Month-to-Date and Year-to-Date financial reports.
 
The Recreation Board is requesting a budget of $800 for the Easter Egg Hunt.  This is the same amount as last year.  The Board only ended up using $581.17 out of last year’s Easter Egg Hunt budget.
 
Year End procedures:
  • Financial Report – complete
  • Hinkle Report – not started
  • Notes to the Financial – in process
  • Certificate of Total Amount Available – complete and submitted to County
  • Temporary Appropriations – complete and submitted to County
  • Year End Fund report – complete and submitted to County
  • Appropriation Ordinance – in process
  • Departmental meetings – in process
  • Ohio Checkbook – not started
 
2017-2016 Audit:  This year our audit will be performed by Charles E. Harris and Associates.  They will be contacting us in the next couple of weeks to start pulling information.  They will probably be in our office for two to three weeks performing the audit.
 
Council was asked to review and sign three separate check registers.
Clerk King was contacted by the Beach City American Legion Auxiliary concerning Girls’ State as the Brewster Chapter has disbanded. 
 
Income Tax hours were discussed.
 
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 Members Hawk, Hess, Hilliard, & Radich commented on their Goals for 2018 on 01/16/2018
 
Council Member Godwin stated that he has been working with the VA on some upgrades to the park.
 
Council Member Fox also has some upgrades he would to see at the park.  He is also looking at some standing water issues.  The last item he discussed was short term and long-term disability for the employees.  VA Miller stated this was something that he is currently creating policies for.
_______________________________________________________________________________
REMINDER:         Next meeting is on Tuesday, February 20th at 7:00 pm
 
Stark RPC: Governmental Law Seminar will be on Saturday, February 24, 2018 for Municipal Officials. Those members of Council interested may want to register.
_______________________________________________________________________________
 
PENDING PROPOSALS FROM PAST MEETINGS:
2018 Municipal Road Fund Applications are being accepted until 02/15/2018.  Covered earlier in the meeting.
 
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 HILLIARD and motion carried to appoint VA Miller as the Village Representative to the District Advisory Council of the Stark County Combined General Health District.  The vote: All yes.
 
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to authorize VA Miller to negotiate with MCTV for an easement to locate a fiber optics communications unit on Village property.  The vote: All yes.
 
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to create legislation adopting a 5.14 Village Travel Policy and adopting a 3.21 Village Travel Pay Policy and adding it to the Village Employee Handbook.  The vote: All yes.
 
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to approve the December fire pay at a cost of $ 5,824.41 from the Fire Equipment Fund.  The vote: All yes.
 
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to approve the January fire pay at a cost of $ 6,355.82 from the Fire Equipment Fund.  The vote: All yes.
 
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried approve the Recreation Board’s $800 budget for the Easter Egg Hunt.  The vote: All yes.
 
Village Speaks:
 
Audience Remarks:
Ray Heitger, 317 7th St. SE, asked Council if a dance floor could be created in front of the Gazebo for the summer concerts.  He went on to discuss the four concerts that are planned for 2018.  Spicy Rhyme and The Last Call will be returning this year and two new bands will be playing.  Mr. Heitger also thanked Council for approving the Recreation Board’s budget for the Easter Egg Hunt. 
 
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to instruct the Village Clerk to order 7 new chairs for around the Council table at a cost not to exceed $1,000.  The vote: All yes.
 
Councilman Hilliard discussed the crack in the new Council table.  He will be contacting Tom Berringer to fix it.
 
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to adjourn the meeting at 8:26 PM. The vote: All yes.
 
 
Respectfully submitted,
 
Kris King, Clerk-Treasurer
 
Mike Schwab, Mayor