June 18, 2018 - Meeting Minutes

 

Brewster Village Council met in regular session with Mayor Mike Schwab presiding.

 

7:00 P.M. – CALL TO ORDER

 

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER HAWK and motion carried to excuse Council Member Godwin from this evenings meeting.  Mayor Schwab stated that Councilman Godwin was in Columbus renewing his Counselling License.  Councilman Godwin had provided an email last week but several council members stated they had not received the email.  Mayor Schwab provided a copy for them to read.  Councilman Hilliard stated that Councilman Godwin needs to realize that we have meeting every first and third Monday of the month and get paid to attend these meetings.  The vote: Radich, yes; Fox, yes; Hawk, yes; Hess, yes; Hilliard, no.

 

Council Members bowed their heads for the invocation provided by Clerk-Treasurer

Kris King followed by the Pledge of Allegiance.

 

Mike Schwab, Mayor

Dale Fox, Council Member                           Chuck Hawk, Council Member                   

Andrew Hess, Council Member                  Tom Hilliard, Council Member                   

Sydney Radich, Council Member                              

 

John Anthony, Solicitor                                  Kris King, Clerk-Treasurer

Michael Miller, Village Administrator

 

Mayor Mike Schwab asked if there were any additions or deletions to the June 4, 2018 Council meeting minutes. 

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to accept the minutes as presented.  The vote: All yes

 

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER HAWK and motion carried to accept the bills in the amount of $ 90,166.17.  Councilman Hilliard asked about the Generator Systems bill of over $ 2,700.  The Mayor stated it was the generator for the Fire Department and Village Hall and is over twenty years old.  Councilman Hilliard asked if it needed to be replaced and what was the maintenance schedule.  Fire Chief Colucy stated the generator is tested every Tuesday and maintenance is performed annually.  The generator didn’t fire up on a recent Tuesday so the maintenance company was called in.  Councilman Hilliard suggested considering whether it needed replaced.  The vote: All yes.

 

Ray Heitger, Fire Chief Chris Colucy, Police Chief Creter, and Chris Pekarek were in attendance.  No one wished to speak at this time.

ORDINANCE 27-2018:An Ordinance Authorizing the Purchase of a 2019 International Model 7400 SFA 4X2 Truck was given third reading. 

 

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to pass the legislation as read.  Councilman Hilliard stated he looked at the estimates to fix the old one and we have it budgeted for this year.  He asked the VA what we would do with the old one.  VA Miller replied that it would probably be auctioned off.  The vote: All yes.

 

ORDINANCE 28-2018: An Ordinance Authorizing a Contract with American Road Machinery for the Addition of Equipment to the 2019 International Model 7400 SFA 4X2 Truck was given third reading.  Councilman Hilliard asked if there were going to be any surprise expenses.  VA Miller stated everything needed was in the quote. 

 

COUNCIL MEMBER HAWK MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to pass the legislation as read.  The vote: All yes.

 

Second Reading: An Ordinance Authorizing the Repeal & Replacement of Chapter 97 of Village Codified Ordinances.

Second Reading: An Ordinance Authorizing the Modification of Village Codified Ordinance’s Chapter 97- Small Cell Wireless Facility Right of Way Use (First Draft of Exhibit A is available for review).

ORDINANCE 29-2018: An Ordinance Awarding a Contract for a 2018 Village Paving & Street Improvement Project was given second reading and declared an emergency in order to get the project under way during paving season.  Councilman Hilliard asked Solicitor Anthony if it was alright for him to vote on this since one of the streets to be paved is adjacent to his property.  Solicitor Anthony stated it would be permissible.  Councilman Fox asked why the last block of Needham was not being repaved.  VA Miller stated there were other streets in worse shape that needed attention and that funding is limited.

 

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to suspend the rule requiring three separate readings and bring the legislation forward for passage.  The vote: All yes.

 

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to pass the legislation as read.  The vote: All yes.

 

ORDINANCE 30-2018: An Ordinance Awarding a Contract for the Curb & Gutter portion of the 2018 Village Paving & Street Improvement Project was given second reading and declared an emergency.

 

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER HESS to suspend the rule requiring three separate reading and bring the legislation forward for passage.  The vote: all yes.

 

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to pass the legislation as read.  The vote: all yes.

 

First Reading: A Resolution Authorizing the Adoption of 2018 Supplemental Appropriations.

 

RESOLUTION 31-2018: A Resolution of Appreciation to Debbie Cline upon her retirement.  Mayor Schwab stated that Debbie Cline provided 20 years of professional service to the Village as the Utility Clerk and that she will be missed.

 

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

 

Councilman Hilliard asked who was awarded the paving and curbing projects.  VA Miller stated that Central Allied was awarded both projects.  Councilman Hilliard stated that in the past he was not always impressed by the curb work and hopes they do a good job. 

 

Councilman Fox asked if the VA needed authorization in order to bill Spidell Funeral Home for the curbing down the south side of their property towards the old substation.  VA Miller stated he would like authorization from Council.

 

Fire Department: Chief Chris Colucy

The Chief is working with NextEra for safety training specific to solar fields.

 

The festival receipts were average compared to other years.

 

The MARC’S radio system will go live Jan. 1^st.

 

RED Center May Report through May 30^th: 316 calls compared to 268 last year through May 2017.  363 calls through today.  Chief Colucy left during the meeting for call #364.

 

Audience Member Chris Pekarek was attending as a proposed probationary firefighter candidate.  Chief Colucy had left so it was decided to wait until next meeting for a letter of recommendation from the Chief and Mayor.

 

RED Center May Report through May 30^th: 936 calls compared to 1099 last year through May 2017.  There are 1,027 as of this week.

 

Councilmen Hilliard asked if there was a bell when someone enters the lobby of the Police Department.  He stated he scared Captain Taylor when he came in to look around.  Chief Creter stated there is a buzzer.  Councilman Hilliard stated he likes the new remodeled lobby.

 

Councilman Hilliard stated recently he was passed by a four-wheeler coming out of Family Dollar and headed downtown.

 

Solicitor Anthony stated that last meeting a question was brought up about restricting truck traffic on certain streets.  The Village has broad powers under Home Rule but it also includes an obligation to keep streets open.  The Village has a right to restrict traffic due to destruction of the roads and prevent congestion.  Municipalities do have the power to restrict truck traffic for a reasonable reason.  Using weight as a restriction can be an issue if the Village doesn’t have a way to weigh trucks.  The Clerk asked if we put a weight limit on the streets, could there be a problem with snow plows and salt trucks.  Solicitor Anthony answered that those trucks would need to be addressed with an ordinance.

 

Solicitor Anthony stated that last meeting there was a question concerning changes in compensation for an elected official during the middle of a term.  ORC 731.13 states that compensation for ensuing officials must be set five days before the cutoff date to run.  Compensation cannot be increased or diminished during a term.

 

Exhibit A of the ordinance authorizing the modification of Village Codified Ordinance’s Chapter 97- Small Cell Wireless Facility Right of Way Use draft has been prepared but the Solicitor wants to meet with the Mayor and Solicitor before going any further.

 

Property for the solar field closing was last week.  The parcel numbers have been assigned.  CAUV (recoupment tax for agricultural use) needs to be calculated.

 

OML Bulletin: HB 175 has been introduced in House Committee that would preempt a municipal’s jurisdiction over small barnyard animals – chickens, goats, or rabbits; OML suggests that municipals educate Ohio legislators.

 

Wayne County Regional Training Facility has a course available to elected officials to participate in fire rescue activities on October 13^th in Apple Creek; breakfast & lunch provided.

 

VILLAGE ADMINISTRATOR: Mike Miller (on vacation)

Administrator’s report for period 6/5/2018 thru 6/18/2018:

Wastewater – Collection System. As a reminder, the Village plans to undertake a testing/training and smoke test our sanitary sewer system this coming Thursday June 21^st.  This will help to identify and prioritize areas in our collection system that need attention. We will use proper and safe smoke testing equipment, establish a testing layout, and document any potential violations and incidents. We have sent notices to our residents in the utility bills, and placed notices in the Far Corner to make our residents aware prior to the test date.

 

A copy of the notice we have sent out has been provided to Council.

 

Efficiency Smart. For a limited time, Efficiency Smart is making appliance recycling even more rewarding for Brewster Municipal Electric residential customers. Schedule a FREE pick-up of a working refrigerator or freezer between July 1 and August 31, and you’ll receive $60 for recycling your unit!  You can also save up to $150 a year by not running your old appliance.  Call 844-260-3487 or visit efficiencysmart.org/brewster-ohio to schedule.

 

Stark Metropolitan Sanitary Sewer District. As part of ongoing efforts to bring sanitary sewer to    Navarre Road, as we have previously discussed, the Stark Metropolitan Sanitary Sewer District has requested OUPS markings for 7^th Street at Navarre Road 700 feet to the west, to determine the feasibility of tying into the sanitary manhole at that location.

Electric – Elm. Elm has been OUP’sed in preparation for relocating power supply, to include;

 

• installing new poles on the north side of Elm
• run the power for the Elm apartments overhead from Wabash to feed the transformers for the apartments
• move the street lights to the new poles on the north side of Elm
• remove the existing street light poles on the south side of Elm
• this project will minimize the possibility of future outages of a similar nature

Electric –Substation Upgrade/Expansion. The “kick-off meeting between the Village and GPD is scheduled for Thursday June 21^st, 2018 at 9:30 am at Village Hall.

 

The total estimated amount for both contracts to Central Allied Enterprises, Inc. based on the estimated quantities for the two (2) contracts would be $167,224.12.

Electric – Rate Study. We continue to work with Courtney & Associates for the Electric Rate Study.

 

Property Maintenance. I am still sending letters out for high grass and weeds. If any Councilpersons notice a location that they feel is in violation, please let me know.

Water Department - Asset Management Plan. Work continues on the Village’s Asset Management Plan for the Water Department, which is required to be completed by October 1^st, 2018.

 

Community Planning Grant - Safe Routes to School.  A meeting was held with the Safe Routes to School committee members on Wednesday June 13^th. One of the tasks completed was to develop/assign members to subcommittees necessary to complete the study.

 

Bimeler Park Gazebo. We have a price to install a 20 X 20-foot dance floor north of the gazebo in Bimeler Park for use with the Villages summer concerts. It would have a wood planking finish (stamping). The price is $2,750. Does Council wish to proceed?

 

Stark County Schools Council of Governments. Attended semi-annual meeting of the Stark County Schools Council of Governments on Thursday June 14, 2018.

 

School Speed Limit Sign with Flashers. Last month I outlined some steps I felt the Village could take regarding 7th Street SE by the High School to address both speed concerns and safety concerns. During yesterday’s Safe Routes to School (SRTS) Committee meeting, the subject of the current placement of the School Speed Limit Sign with Flashers for westbound traffic on 7th Street SE by the High School was discussed.

 

Based on that discussion, I am requesting that Council authorize the Village to participate in moving the School Speed Limit Sign with Flashers on north side of 7th (facing westbound traffic) east towards Baymere Street. This would be coordinated with ODOT and Fairless Local Schools. The cost to the Village would be:

 

• Cost to place a utility pole at the new location to mount the School Speed Limit Sign with Flashers (once the sign is moved to the new location, the current pole it is mounted on would be removed)
• Cost to run electric from an existing Village pole on the south side of 7th to the new pole
• Ongoing cost of electric to run the School Zone Flashers
• Potential upgrade of the existing School Zone Flashers/Sign

Tax Exempt Applications. I have been assembling and filling out applications to exempt thirteen parcels owned by the Village of Brewster from property tax. It was discovered that an error was made in 1981+/- that changed the ownership of the majority of Bimeler Park from the Village of Brewster to the United States of America. That problem has been resolved, and the Stark County Auditor’s Office records again reflect proper ownership in the name of the Village of Brewster. However, to prevent the Village having to pay property tax, it has to make application(s) for tax exemption, requiring documentation such as copies of deeds and/or plats showing when ownership was acquired.

 

Solar Project. The Brewster Solar Project continues to move forward. The recording of the deed(s) is scheduled to occur on June 15^th.

 

Work continues on items such as the lay-down area agreement and construction details.

 

Jefferson Ave SE Sanitary Sewer Main Replacement Project. Work is still being done on the required easements for this project, which must be done in a specific manner because we potentially could be using federal funds to construct this project.

Street – Storm Sewer. In preparation for paving/reconstruction of Tuscarawas and new curb and gutter on Chestnut, the Street Department has begun relocating and/or installing new catch basins.

 

Mayor Schwab asked if anyone knew of anyone that wants to mow.  The Village has a position open.

 

Councilman Fox asked what was involved in getting the easement for the Jefferson Ave. Project.  VA Miiler replied that the easements have to be drawn up and appraised.  Then the property owners are contacted for the purchase or taken by eminent domain, which is another process. The whole process is required in order to qualify for Federal money through USDA.

 

Councilman Fox asked if the dance floor by the gazebo would be permanent.  VA Miller stated it was a concrete slab.

 

Councilman Fox reported that a storm sewer may be collapsing at the corner of Barber and Mohican Streets.  VA to look into it.

 

Councilman Hilliard asked about the annexing of the north side of Seventh St. towards Baymere.  VA Miller stated it was discussed to annex the right-of-way which would allow the Village to slow traffic in front of the school and before entering the Village limits.

 

Councilman Hilliard asked if legislation needed passed at this meeting for the Jefferson sewer line.  VA will be asking for Council’s approval at the next Council Meeting.

 

Councilman Hilliard asked when the Elm Street electric project will be starting.  VA Miller stated that OUPs has already been called and it has to be started within ten days or they have to re-OUPs it.

 

Councilman Hilliard would rather see swings in the park instead of the dance floor.  He is going to talk to Ziggy.

 

Councilman Hess asked when the culvert pipe on 7th would be fixed by the County.  They said it would be done by the time schools starts.  The Village has decided to put off the paving of 7^th Street until next year.

 

VILLAGE MAYOR: Mike Schwab
Current two-year Gas Aggregation Agreement lapses on September 30, 2018; Council is required to renew the contract of its natural gas broker & its natural gas supplier; since 2002 Village has used Buckeye Energy as its Broker; VA & Mayor met with an alternative Broker (Independent Energy Consultants - IEC) this morning; the recommendation is to contract with IEC to act as the Village Broker; requires Council approval of legislation awarding a contract; Solicitor will be asked to review the agreement & legislation.

 

Planning Commission will meet on July 19^th at 7 pm to begin review of Village Zoning Code.

 

VILLAGE CLERK-TREASURER: Kris King

May Fire Pay = $ 7,330.66.

 

Mayor Schwab, VA Miller, and everyone in the office participated in a web demo with Kronos Time Systems on May 24^th.  I will be providing a comparison of two different versions of the application and the costs for you to review at the next meeting.  Councilman Hilliard requested the comparison be emailed to him before the next meeting.

 

The 2017-2016 Audit is complete except the footnotes needed from AMP on our joint ventures. 

They have been notified and are working to get them prepared for the auditors.

 

We received a check for a premium refund from the BWC in the amount of $1,786.00.  We have since been called and mailed a letter stating we were sent this in error and the BWC is requiring the payment returned.

 

Applications are coming in for the part time position in the office.  We are performing more cross training with the purpose of combining and/or redistributing responsibilities and having all employees able to perform most duties.

 

Arts on the Boulevard applications for vendors have been sent out to those that participated in the past.  I will have applications for new vendors available in the office for anyone that would like to participate in this free community event.  We are looking for an artist to provide the music, Danny Clark from past years is unable to perform on September 22^nd.

 

Council was asked to review and initial the check register for tonight’s bills.

 

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

Utility Committee Meeting this evening at 6 pm: Councilman Fox reported that VA Miller provided a PowerPoint on trash services.  Council is still in the infancy stage of this project.
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EXPEDITURE REQUESTS from past meetings:

 

From resident: 7^th Street speed limit modified to 25 mph (Council has been provided the info).

 

From Councilman Godwin: Restrict use of tobacco and vaping on village grounds and parks.

 

From Mayor: Adjustment of Village Clerk’s salary be considered to begin with 2020-2024 term.    Provided to Council by VA on May 7^th - Council, Clerk, & Mayor Salary Comparable Lists.

 

2018 Fire & EMS Budgets submitted to Council: suggest that Council meet to discuss future funding of Fire and EMS operations.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to approve the fire pay at a cost of $ 7,330.66 from the Fire Equipment Fund.  The Vote: All yes.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to authorize the VA to participate in moving the School Speed Limit Sign with Flashers on north side of 7th (facing westbound traffic) east towards Baymere Street.  The vote: All yes.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to authorize the Law Director to provide an agreement to writing and authorize the VA to enter into the agreement to have the Village reimbursed for the curb and gutter on Chestnut by the Spidell Funeral Home owner before the work is commenced.  The vote: All yes.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to have the Solicitor review the agreement and to have legislation awarding a contract with Independent Energy Consultants – (IEC) as the Village natural gas aggregation broker created.  The vote: All yes.

 

VILLAGE SPEAKS: Communications Received by Council members from Village residents

 

Ray Heitger, 317 East 7^th St, reminded everyone of the concert in Bimeler Park on Friday, June 22^nd at 7 pm.  Spicy Rhyme will be performing.

 

Councilman Hilliard asked if there has been any mosquito spraying.  VA Miller made note to schedule a spray before the concert.  Several Council Members stated the mosquitoes are starting to get bad.

 

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to adjourn the meeting at 8:23 PM. The vote: All yes.

 

Respectfully submitted,

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Kris King, Clerk-Treasurer

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Mike Schwab, Mayor