November 5, 2018 - Meeting Minutes
MINUTES
NOVEMBER 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
Thomas Hilliard, Council Member Sydney Radich, Council Member
VILLAGE OFFICIALS:
John Anthony, Solicitor Kris King, Clerk-Treasurer
Michael Miller, Village Administrator
MINUTES FROM THE OCTOBER 15, 2018 REGULAR COUNCIL MEETING:
Mayor Mike Schwab asked if there were any additions or deletions to the October 15, 2018 Council meeting minutes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to accept the minutes as presented. The vote: All yes
PRESENTATION OF BILLS:
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to accept the bills in the amount of $ 391,222.44. The vote: All yes.
AUDIENCE:
Police Chief Creter, Fire Chief Colucy, and Ray Heitger were in attendance.
CONSIDERATION OF ORDINANCES: Titles of each read by Solicitor John Anthony
Third Reading: Authorize a Contract w/Attorney Ian Crawford as Village Prosecutor from January 1, 2019 to December 31, 2019.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to table the legislation. The vote: All yes. Motion tabled.
ORDINANCE 48-2018: An Ordinance to Authorize a Contract w/Attorney John Anthony as Village Solicitor from January 1, 2019 to December 31, 2020 was given third reading.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to pass the legislation as presented. The vote: All yes. Mayor Schwab stated that Solicitor Anthony does a lot of extra work for the Village and he appreciates all he does.
Second Reading: An Ordinance to Amend Village Zoning Code Chapter 153.120 R-5 Mobile Home Park Residential District.
Second Reading: An Ordinance to Amend Village Zoning Code Chapter 153.250 Modular, Manufacture, Mobile Homes.
Second Reading: An Ordinance to Amend Village Zoning Code Chapter 153.019O Accessory Buildings – Carports. Councilman Hilliard doesn’t want to get too nit-picky about carports. He doesn’t think this is needed. Some people can’t afford a garage. Councilman Godwin agreed with Councilman Hilliard
Second Reading: An Ordinance to Amend Village Zoning Code Chapter 153.002 Definitions – Foundations.
Second Reading: An Ordinance to Authorize the Termination of OMEGA JV1 & the Distribution of Funds.
Second Reading: An Ordinance Authorize Renewal of ODOT Cooperative Purchasing Agreement.
First Reading: Approve Compensation for Village Clerk-Treasurer Effective April 1, 2020. Councilman Hilliard stated that he would rather see an increase each year rather than a term increase. He stated some other employees didn’t get a big raise when they lost their $3,000 when the insurance changed. The increase should be the same as the employees. Councilman Hilliard also stated that Council should look at some kind of increase for the Mayor’s salary.
First Reading: Amend Chapter 92.08 of the Codified Ordinances to Restrict Smoking, Tobacco Use,
and Vaping in Village Parks.
From Mayor/First Reading: Authorize a Contract w/City of Massillon Law Department to Provide
Prosecution Services from January 1, 2109 to December 31, 2019.
From Mayor/First Reading: Authorize a Fire & Ambulance Contract for Tuscarawas Township.
ORDINANCE 49-2018: First Reading/Emergency: An Ordinance to Authorize an Amendment to the AMP Solar Project II Power Sales Contract Approved by Ordinance 39-2016.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL FOX and motion carried to suspend the rules requiring three separate readings and bring the legislation forward for passage. The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to pass the legislation as read. The vote: All yes.
MUNICIPAL DEPARTMENTS:
Fire Department: Chief Colucy
Trevor Heaton will attend 36-hour Volunteer Fire Training at East Holmes FD on 11/05 - 12/03.
Asst. Chief Jen Mohler will attend a train the trainer course as a part of the “Stop the Bleed” campaign. This will allow her to train others (schools, businesses, Council Members) how to address a bleeding emergency.
Tuscarawas Township is not putting a Fire Levy on the ballot. They will no longer be using East Wayne and will be dividing the territory between Brewster and North Lawrence Fire Departments.
The Chief is proposing a $3.00/hour increase per member for night calls from 11pm to 6am. He would like that effective immediately.
The Chief reminded everyone about the Fire Planning Committee meeting at 6:00PM on Wednesday.
Monthly PD Activity Report.
Trick or Treat went without incident. The department had 4 cars out. Councilman Hawk asked if it was easier to supervise in daytime. Chief Creter stated either way is fine. He stated the Police car lights are more visible in the dark and people are more vigilant.
Met with Massillon Prosecutors Office representatives on October 24th to provide Prosecution
Services for the Village – Recommend using Massillon Prosecutor’s Office in 2019.
Councilman Godwin stated there is a major issue with people blocking the handicap parking spaces during after school student pickup at the high school. He asked the Chief to see if he could do something about it.
VILLAGE SOLICITOR: John Anthony
Ohio Dept of Commerce/Division of Liquor Control: Hearing Date for the Station Restaurant is set for December 6, 2018 in Canton; Village objected and requested hearing; memo and ORC emailed to Council.
COMMUNICATIONS:
Jodi Taraschke of 586 Wabash N. – Letter about Trick or Treat. Council was given copy.
Councilman Hilliard wanted to thank everyone for the cards and prayers for the passing of his father.
VILLAGE ADMINISTRATOR: Mike Miller
Administrator’s report for period 10/16/2018 thru 11/5/2018:
- Solar Project. The Brewster Solar Project continues to move forward. All the solar panels are now being interconnected and fed back into the conduit system. AMP and NextEra have asked for and been given permission to operate the solar facility on the Brewster electric distribution system effective December 5th, 2018. The solar facility will be tested in December prior to going “commercial”, still targeted for January 2019.
- Solar Project – Shared Information with Fairless Schools. Part of the agreement with AMP & NextEra was that data from the production from the Solar Facility would be provided to Fairless Schools for use in their curriculum(s). NextEra has been in active discussions on how that will be achieved.In those discussions with Fairless Schools regarding integrating solar into their curriculum, which include a kiosk that will display output data for Brewster’s site, the Schools were intrigued by the ability to download data for analysis. Fairless Schools has some high school students that are dual enrolled, and Fairless thinks that this information might help to develop curriculum to support some of their dual enrollment students. Following up on that direction, AMP/NextEra has had discussions with Kent State. The desire is to make the Brewster solar data available to Kent State students (a broader audience - beyond dual enrollment students).
So, AMP/NextEra has asked whether Brewster has an issue with providing the information to both Fairless Schools and Kent State, and I let them know that Brewster had no reservations regarding the sharing of the data with Fairless and Kent State, and to work with those parties on the next steps, with an agreement in place that would indicate the data be used for educational analysis and to not be shared beyond intended use.
- Solar Project II – AMP. Amp has communicated that there is an urgent need for an amendment to the Solar Project II Power Sales Contract. In a letter from Rachel Gerrick, Executive Vice President Power Supply & Generation, AMP indicated it is imperative that they receive a signed copy of the amendment by November 15, 2018, in order to be able to move forward with the Project financing. They apologize for the quick response time needed.
- Electric – AMP Dissolution of JV1. We have received a follow-up communication from AMP regarding JV1. In August, Council passed a resolution approving the sale of OMEGA JV1 assets.
Once the assets of AMP JV1 were sold, a meeting was held September 26th of the JV1 Participants. The Participants present unanimously passed Resolution 18-09-230JV1, authorizing the termination of OMEGA JV1. Although a quorum of Participants was present at that meeting, the Joint Venture Agreement requires that certain actions, including termination of the Joint Venture, be approved by each Participant. Brewster was not present at theSeptember 26th meeting of the JV1 Participants. AMP is therefore requesting Brewster’s approval of Resolution 18-09-230JV1. AMP is unable to proceed with the termination until they receive a response from each Participant. JV1 was nine megawatts of diesel generation installed at Cuyahoga Falls. Project “participants” consist of 21 communities in the Northeast AMP Inc. Service Group: Amherst, Beach City, Brewster, Columbiana, Cuyahoga Falls, Galion, Grafton, Hubbard, Hudson, Lodi, Lucas, Milan, Monroeville, Newton Falls, Niles, Oberlin, Prospect, Seville, South Vienna, Wadsworth and Wellington.
Legislation was given its first reading on October 15th Council meeting. I am requesting that Council authorize the termination of OMEGA JV1 on an emergency basis.
- Electric Department – AFEC. Attached is a memo from AMP regarding the advance fuel purchase for AFEC. AFEC is a nominal 512 megawatt (MW) natural gas-fired generating station with 163 MW of duct-firing capacity. The AFEC site is located in the northwest corner of the City of Fremont. The Village share of AFEC is .61%.
The Village needs to respond by November 9th, 2018 ONLY IF it wishes to opt out of the long-term advance purchase (opt-out). Because of the current status of the natural gas market, long term purchases have been realizing more favorable terms than short term – the primary reason we struck an aggregation program price for our residents at two (2) years instead of one (1).
Nevertheless, because the Village has included its AFEC assets in its remaining requirement deals, IF the Village elected to sell some (or all) of our AFEC share, the Village would need to pick up a 5x16 block to fill in that resulting “deficit” until the end of the requirements contract (2024). So, my recommendation is to make no change in our AFEC position at this time.
- Efficiency Smart – Smart Thermostats. Efficiency Smart will be offering special discounts on advanced thermostats through the online product store from November 15-28. Residents can get big savings on a smart thermostat and save up to $95 on a smart thermostat between November 15-28 through Efficiency Smart’s online product store. Residents can visit http://www.efficiencysmart.org/brewster-ohio or call Efficiency Smart at 877-889-3777 for full details.
- Electric Department – Mutual Aid. As I discussed in my March 19, 2018 VA Report,Brewster is a member of AMP’s mutual aid network. To date, Brewster has only used it for others to come to our aid. In 2017, AMP has reached out to its members (Brewster included) for response to natural disasters such as hurricanes Harvey, Irma and Maria and the nor’easters that have hit the east coast. In 2018, AMP again reached out to the Village for hurricanes Florence and Michael.
As I indicated in March, a number of details need to be established. One of those details is establishing logistics on how expenses would be paid and then reimbursed. I have drafted a policy to address that issue.
I would request that a Public Utilities Committee Meeting be called so that we can review the draft policy. At that meeting, we can also discuss when we sent out personnel and equipment.
As I pointed out previously, if we send employees and equipment we would be saving our residents and businesses money, because the wages and benefits during the time of “deployment” would be paid by another entity, in addition to the Village being paid for use of its equipment (and potentially supplies).
- OPWC - North Water Tower Safety Improvements and Rehabilitation Project.
The project went well. Clean-up has been completed, and the water tower has been refilled. Dixon Engineering has been on site and prepared daily reports on the progress, which Council may examine anyone wishes. Dixon also prepared a punch list, which has been completed. All that is left is to process billing through the Village and OPWC.
- Sidewalk Replacement due to Street Trees –Work on replacement of the approximately 40 sidewalk panels and 2 driveway sections that were damaged by trees that has been completed.
- Tree Replacement – Street Trees Removed. We have assessed the remaining tree budget and the trees/prices available to replace trees that were removed. Because of budget constraints, we were not able to replace all the trees that were removed in 2018. We were able to replace the seven (7) left over from 2017 and eleven (11) more from 2018. Those remaining to be replaced will be carried over to 2019 and addressed next Spring.
We continue to be careful to plant trees that are appropriate for the location they are planted, to “replace” those removed. They are not always “replaced” in the same location (i.e. if the tree was interfering with electric lines, we wouldn’t replace the tree under the electric lines again).
- Tree Budget for 2019. Because we have had to “carry-over” the tree program each of the past two (2) years (purchase trees in the current year to replace the prior year’s tree removals), I would request that the tree budget be increased for 2019 from $20,000 to $22,250. This should allow for the 2019 Tree Program to be completed, including Fall replacement of all tree removed, in 2019.
- Trees – Removal, Pruning and Trimming. I would like to advise residents that the Village does monitor its street trees. If they present a hazard, the Village will have them removed by competent companies at Village expense. Residents should not take it upon themselves to remove trees on Village property.
Additionally, the Village does prune and/or trim back Village trees, including street trees, at the appropriate times of year. Trimming/pruning is best done early Spring, when new growth can help heal over the “scars”. But if there are problems/complaints, pruning can also be done in the Fall, provided that we wait until trees drop their leaves and are dormant—usually October or November.
Residents should not take it upon themselves to trim/prune trees on Village property, as they could damage and/or kill those trees.
If there is a concern about Village trees being a hazard and needing removed or pruned, please contact the Village and they will be addressed.
- Safe Routes to Schools Study. The Safe Routes to Schools Study has had its public input meeting, and with just a few adjustments is in its final form. I have shared a copy of the report. One of the final steps before it is submitted is to show community support for the plan.
Councilman Hilliard asked why it was moved to the north side of Seventh Street. VA Miller stated it was decided that the site distance was far better farther down by Amherst to cross the road.
I am therefore requesting that Council pass a resolution in support of the Safe Routes to Schools Plan.
- Fairless Schools – Route 62 Crosswalk. Thursday, October 25th the new flashers with rapid flashing beacons were installed at the existing crosswalk on Route 62 between the High School and the Middle School. They are solar powered, and button activated. They should greatly enhance the safety of students, staff, and other persons crossing Route 62. This was one of the many items identified in the Safe Routes to Schools study to improve safety of persons traveling to, from, and between the schools. We have been implementing items in the SRTS Plan, such as the moving of the School zone flashers for westbound traffic on 7th Street farther east near Baymere.
- OPWC - 7th Street. As I previously informed Council, the Village was awarded a Small Government Grant through the Ohio Public Works Commission. Originally, we intended to bid the project out this past summer, but because:
- The County culvert project was scheduled to be constructed – potentially in conflict with our 7th Street Project
- The Army Corps of Engineers had/has plans for repair of the levee gate – it needs the “roadway” portion repaired
- Construction of the solar facility, which has required a number of trucks for delivery of the solar equipment on 7th Street.
- Columbia Gas was replacing gas lines on 7th Street.
We determined to wait until early 2019 to put the project out to bid. As we are fast approaching 2019, I am requesting authorization to advertise and receive bids for the 7th Street Improvement and Paving Project. I plan to advertise in January, for a May start.
As a reminder, the 7th Street Improvement and Paving Project runs 3852 lineal feet from Navarre Road (east terminus) to the west corporate limits of the Village. The project will have some elements of mill and fill, and is designed to increase by 2 1/2 inches the existing profile to better support increased traffic/weight. Also included is a 1’ wide limestone berm (expansion of width), per ODOT recommendations when new pavement height is greater than 2”.
I intend to add two (2) items to the bid specifications as alternates:
- Installation of curb and gutter on the north side of 7th Street from Park Drive to Amherst, to include handicapped ramps. This portion of 7th Street is identified in the Safe Routes to Schools Plan as the new route for a “trail” or sidewalk from “downtown” to Fairless Schools. Including it as an alternate allows us to go forward with the 7th Street Improvement and Paving Project and chose to go forward with the curb and gutter, or decline to award them. The choice can be made by Council after we open bids and see the cost. It obviously would be better to install them now, rather than potentially disturb newly paved portions of 7th Street at a later date.
- Installation of sidewalk on the north side of 7th Street from Park Drive to Amherst. Again, this portion of 7th Street is identified in the Safe Routes to Schools Plan as the new route for a “trail” or sidewalk from “downtown” to Fairless Schools. Including it as an alternate allows us to go forward with the 7th Street Improvement and Paving Project and chose to go forward with the sidewalks, or decline to award them. The choice can be made on sidewalks by Council after we open bids and see the cost.
- Sanitary Sewer – Jefferson Ave Project. A 90% design documents review with Hazen & Sawyer has been set for November 6th at 10:00 am.
It has been some time since we discussed this project. The main objective of the Jefferson Ave SE Sanitary Sewer Main Replacement Project entails the replacement of approximately 1100 feet of existing sanitary main. We have serious problems with the existing sanitary main. We have gaps at the joints which is allowing not only the infiltration of water in rain events but is also causing sink holes because the gaps are also allowing dirt form above to enter the sanitary main, creating numerous sink holes along its course. This year we have had 3 separate subsidence locations – one which was very large and required the excavator to determine depth and fill in, as well as at the manhole at Jefferson and 7th Street. The sanitary main is aged, and the manholes are deteriorating. The issue beyond the obvious is that the section of sanitary main under Jefferson Ave from 5th Street to 7th and running in the right-of-way to the south towards the WWTP is 30 feet deep. Currently it is 18 inches in diameter. The agreed scope would increase the size of the sanitary main to the south of 7th Street (300 feet) to 30 inches to match what was installed in the 2015 project, and to 24 inches for 7th street north to the project termination (800 feet). We plan to eliminate a manhole as part of the project but would replace the remaining manholes.
We would also make improvements to Jefferson Ave SE from 7th Street to 5th Street to include looping the water line the additional approximate 370 feet, as well as managing the storm water that gathers coming down 5th Street and the alley between 5th Street and 7th to Jefferson and currently ponds and leaches into the sanitary main so that the issue can be prevented from reoccurring in the future. The sanitary main runs north of 5th street and Jefferson through backyard easements and/or right-of-way (paper streets and alleys) to further complicate replacement.
Councilman Hilliard asked if this would be finished before we pave 7th Street? VA Miller said no.
Agreement with Stark County Metropolitan Sewer District. In February of this year, 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 for that meeting went back to something that I brought up in March of 2017. 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 extensions or connections of residences outside the Village so that the issue is resolved before an “emergency” (or funding becomes available) to avoid a rushed process.
Councilman Hilliard asked if this would be finished before we pave 7th Street? VA Miller said no.
Agreement with Stark County Metropolitan Sewer District. In February of this year, 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 for that meeting went back to something that I brought up in March of 2017. 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 extensions or connections of residences outside the Village so that the issue is resolved before an “emergency” (or funding becomes available) to avoid a rushed process.
In February I reported that while an emergency hadn’t occurred, there was a home located outside the corporate limits on Route 62 that was sold and had no access to sewer (possible failed septic?). Homes in that area have septic systems and wells, on smaller lots, and have been identified in the NEFCO (Northeast Ohio Four County Regional Planning and Development Organization) for future sanitary sewers.
I pointed out at that time that there is a potential downside to the Village extending sewer outside its corporate limits, including that the cost, which could be higher if there are pump stations involved or due to pipe size. I expressed the sentiment that our current Village residents should not have to absorb higher costs as a result of extension of sewer lines outside the Village. It is my opinion that adding costs to our residents to serve property outside the Village does not serve our residents well. Again, it is my opinion that extension of sewer services should not be done if it increases their rates, and the cost of extension has no reasonable return on Village investment.
A draft of a proposed agreement has been forwarded by the Stark Metropolitan Sewer District. A quick summary is that the Stark Metropolitan Sewer District (County) would engineer, finance, build, and assess the affected properties for extension of sanitary sewer – no cost would be incurred by the Village. That approach 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.
Upon construction of the extension(s) of sanitary sewer, the Village would assume responsibility for billing, maintenance, and repair, and once the extension is paid for, the ownership of the sanitary sewer lines would transfer to the Village. Property owners outside the Village would pay on the same terms as our residents.
I am forwarding the draft to Council, so Council can provide feedback as to whether the forgoing would be something Council is willing to continue to pursue, and have an agreement finalized on the principles set forth above (in the draft agreement).
The draft agreement allows the County/Village to have an established process to deal with individuals failing septic systems which also avoids current Village residents from potentially subsidizing new customers.
- Leaf Pick-up. The leaf pick-up began the week of October 22nd, slowly as there are not many leaves down and raked to curbside.
A reminder of some of the issues that came up last year:
- the leaf crew picks up ONLY leaves that have been raked into piles, so there are many times when the crew will be in the truck driving from one location to another without attempting to pick up leaves that have not been raked into piles.
- leaves should be raked out to curbs/edge of streets.
- leaves should be raked away from trees or other obstructions to allow the vacuum hose to get to the leaves unimpeded.
- following Halloween, leaves that have been raked may have been scattered by trick-or-treaters, so the leaves are no longer in piles. Those leaves need to be re-raked into piles.
We intend to pick-up leaves through Friday December 7th … WEATHER PERMITTING!!!
- Property Maintenance. To date in 2018, there have been twenty (20) property maintenance complaints (same number as last year) such as high grass, weeds, debris, and obstructions. After sending notice to property owners, the Village so far has had to take action to have six (6) properties brought into compliance. The Village issued work orders (private contractor) for those six (6) properties, some more than one (1) time. The Village has certified to the Stark County Auditor’s Office those six (6) properties for collection with their property taxes.
There are still three (3) properties with which the Village is monitoring and/or working with the property owner.
- MRF Award – 2018. I have requested an extension to spend the 2018 Municipal Road Fund Award of $17,500 for Elton to 2019.
The request and award was for the purpose to micro-surface Elton from Route 93 to the west corporation limits to extend the life of the chip and seal surface by up to nine (9) years. Unfortunately, the company who does most of the micro-resurfacing for Stark County, who the Village intended to have Elton added to their list of roads in 2018, had completed work in Stark County in 2018 by the time the award was announced, and indicated they would not be in the area again until 2019.
I on behalf of the Village reached out to another contractor who was micro-resurfacing Route 21 in and around Navarre in August, believing that because they were in the area that the Village could get a competitive price, as they were already mobilized. Their best price was $48,500, $30,000 more than the MRF award (based on the original company’s estimate).
Therefore, the I on behalf of the Village requested that the deadline to expend the 2018 MRF award of $17,500 be extended until 2019, when the Village can avail itself of the original contractor and a more reasonable price for the micro-resurfacing on Elton.
- ODOT Cooperative Purchasing Program. On November 7, 2016 Council passed legislation to participate in the ODOT Cooperative Purchasing Program. The ODOT Cooperative Purchasing Program gives the Village another avenue to efficiently and effectively obtain goods and services at the lowest cost possible, by using the volume purchasing of ODOT coupled with their staff and expertise in preparing specifications and using their bidding process. The alternative would be to prepare our own specifications, advertise ourselves, and purchase based on our more limited quantities.
We have used the ODOT Cooperative Purchasing Program for road salt, and this year used it to obtain quotes for our paving program.
The ODOT Cooperative Purchasing Program requires that participants file a certified copy of a resolution or ordinance to participate every two (2) years. Ours then, needs to be “renewed”. There is a caveat that IF an ordinance is passed and it is considered permanent by the participating political subdivision.
Therefore, I recommend that the ordinance that Council pass an ordinance to participate in the ODOT Cooperative Purchasing Program, that it do so on a permanent basis, and that that fact be noted in the ordinance forwarded to ODOT.
- Employee Handbook – Disciplinary Process. One of the last areas that needs to be addressed to “finish” the revision of our Employee Handbook is the disciplinary process and work rules.
What I am providing Council initially are the introductory provisions that deal with the ability to discipline and the provisions that “outline” the disciplinary “process”.
They are:
- 1.02 Nature of Employment
- 1.03 Management Rights
- 1.04 Right to Add, Change, or Delete
- 8.01 Standards for Discipline
- 8.02 Progressive Discipline
- 8.07 Determination of Appropriate Discipline
I am requesting that Council adopt the foregoing policies on a non-emergency basis, make them codified ordinances in Chapter 38 EMPLOYEE REGULATIONS of our Codified Ordinances, and add them to our Employee Handbook.
Councilman Hilliard about the zoning on East 1st Street where the owner removed all the sod and put gravel down. He wanted to know if there was anything in the code to prevent this. VA Miller stated the owner came in and was approved for a fence permit but there is currently nothing in the code to prevent this. He stated that is one of the reasons for the carport regulations. You don’t want someone coming in and putting a 24 x 24 x 36 carport in a neighborhood where it doesn’t meet the standards of that neighborhood.
Councilman Godwin asked if we have a limit on the amount of area permitted to be covered on a parcel. VA Miller stated we do not allow more than 30% but a carport is open so it does not apply.
Councilman Godwin asked about a property on West 1st Street that has received complaints. VA Miller stated the house is secure, the taxes are paid, the grass is cut. Other than being an eyesore, there is not much more we can do.
Councilman Godwin asked the VA why the trimming of the Village trees came up. VA Miller stated there was one resident that was cutting down trees and another pruning inappropriately. Councilman Godwin asked if this continues if the Village has any recourse. VA Miller stated it would be a misdemeanor offense and destruction of public property.
- Update - Patient Lifts in Private Homes
- At the October 15th Council Meeting FD Chief suggested that for EMS Patient Lifts in private homes that the patient be charged a fee when lifts exceeded a specific number of lifts in a specific period of time. (currently a $200 fee is levied for patient lifts in extended care facilities)
- It was found that the home that has had frequent requests for a patient lift is an extended care facility for which a fee can be levied per the current Village’s EMS Fee Schedule adopted in May 2018
- The operator of the extended care facility has been advised via letter that the extended care facility will be charged for future patient lifts when appropriate.
- Paramedic Coordinator Mohler and Ohio Billing have been advised of the adjustment for future billings
- Appointment of PD Officer Lorenzo as a School Resource Officer
- Request that Council confirm the Mayor’s appointment of PD Officer Joe Lorenzo as a School Resource Officer (SRO). Council received a copy of letter of appointment
- This appointment will formally provide a second SRO to Fairless Schools
- This appointment will provide SRO Job Assignment Compensation of $ 1000 annually ($0.48/hour) to Officer Lorenzo
- Planning Commission Meeting from October 23rd – A copy of the minutes have been provided to Council
Planning Commission approved a recommendation to Council to modify the language in Village Zoning Code Chapter 153.
Section 153.138 B-1 - GENERAL RETAIL-OFFICE DISTRICT: Yard Requirements –
Add “Rear Yard” to the 153.138 Yard Requirements graph language for Front yard and side yards adjacent to residential districts in a B-1 – General Retail-Office District as shown below:
153.138 YARD REQUIREMENTS
Minimum front yard depth |
None |
Minimum rear yard depth |
None |
Minimum side yard width |
None |
Front yard and side yards adjacent to residential districts (Add Rear Yard to this description) |
Shall meet the front and side yard requirements of the adjacent residential district (Add Rear Yard to this description) |
It was noted that in the Language in the listed Zoning Districts that therear yard requirements of the adjacent residential district would be:
- In an R-1 Minimum Rear Yard Depth = 40 feet
- In an R-2 Minimum Rear Yard Depth = 35 feet
- In an R-3 Minimum Rear Yard Depth = 30 feet
- In an R-4 Minimum Rear Yard Depth = 30 feet plus 1 foot for each 2 feet of building height in excess of 2 stories above grade
- In an R-5 Minimum Rear Yard Depth = None currently
Pending R-5 Planning Commission recommended update that is before Council = 50 feet
By Village Codifieds Council is required to:
- Create legislation to approve the Planning Commission recommendation
- Schedule a Public Hearing, with a minimum of thirty days’ notice, to review the proposed amendment in open session
- Tuscarawas Township Fire Contract
- Current Three-Year Contract lapses on December 31, 2018
- Township Trustees are expected to submit a Contract for renewal in the next several weeks
- Legislation had a first reading tonight to begin the process to renew a contract for Fire/EMS services to Tuscarawas Township with the compensation amount temporarily left blank. Chief Colucy explained earlier in the meeting.
- Eagles Scouts in Brewster - Troop 301 Scoutmaster Pat Matheny advises that:
- Kaycee Jewell of 230 Sixth Street SW completed an Eagle Scout Project providing dugouts on ballfields in Brewster and Beach City (Council provided assistance by purchasing the materials for one of the dugouts that Kaycee built on Field 3.)
- Todd Tusing of 234 Second Street SE completed an Eagle Scout Project providing signage at Navarre Gully Park and Navarre Rogers Park Ball Fields
- A Mayoral Citation for Citizenship have been created and will be sent to both Eagle Scouts
- Council provided Boy Scout Kaycee Jewell with a Resolution of Appreciation for completing this Eagle Scout Project in May of 2017.
VILLAGE CLERK-TREASURER: Kris King
October16th – November 5th:
October16th – November 5th:
The October Financial and Year-to-Date Financials were put in your mailboxes last week.
Please take the time to review and sign the check register on the table.
The Mayor, Village Administrator, and I have been meeting with different banks since Huntington is leaving town. Currently I have each of the banks reviewing our fee schedules and getting quotes on their fee schedules.
The Mayor, Village Administrator, and I have been meeting and/or telephone conferencing several companies to see which is the best fit for our timekeeping and payroll needs. The companies we have been checking out are Kronos, Heartland, Paychex, and ADP. We are also comparing their pricing.
With the end of the year approaching, I’d like Council to have four end-of-the year ordinances drawn up:
- Resolution of Temporary Appropriations – This allows the Village to function until permanent appropriations are passed. Without this resolution, it is illegal for the Clerk-Treasurer to pay bills or payroll.
- Resolution Amending and Appropriating Funds – This allows the Clerk-Treasurer to spend money that was not included in the estimated revenue for the year. An example is the additional interest earned and grants received.
- Resolution of Supplemental Appropriations – This cleans up the line item balances in our chart of accounts.
- General Fund Transfer – I would like Council to start thinking of where any surplus in the General Fund could best be used if there is any available at year-end.
I have a meeting with our insurance company representative to review some of our procedures in relation to our property policy on November 15th.
I have a meeting scheduled with our representative from Stark County Schools COG to meet with the employees to discuss Health Savings Plans. This would not increase the cost for the Village.
The Local Government Elected Officials Conference will be March 6 – 8 with the first day being Public Records training. Anyone wishing to go please let me know so I can get the hotel rooms booked.
Councilman Hilliard said to put the time keeping expenses in the budget for next year.
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 minutes from 10/15 review of Elected Officials’ Compensation
2. Council of the Whole Meeting tonight to review Proposal for a Village Solid Waste Opt-Out Program-Councilman Fox reported that Council is considering scaling back and look at other options. Minutes of this meeting were provided by the Clerk-Treasurer.
3. Requested: Fire Planning Committee Meeting on Wednesday, 11/07 at 6 pm.
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NOTICES:
Fire Planning Committee Meeting on Wednesday, 11/07 at 6 pm
American Legion: Invitation to Veteran’s Day Dinner at St. Therese on 11/08 at 6 pm
Parks, Grounds, & Buildings Meeting on Monday, 11/19 at 6 pm
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EXPENDITURE REQUESTS from past Meetings:
FD Chief: “I am Responding” Cell Phone App to allow contact by responding fire personnel to a Fire or EMS Call; Cost = $ 800 – one year, or $ 2066 – three years, or $ 3087 – five years (10/15/2018).
PENDING PROPOSALS FROM PAST MEETINGS:
Mayor requests Council’s approval of his appointment of Ellen Borojevich to the FD pending
successful background, physical, and drug screening (10/15/2018).
OLD or NEW BUSINESS:
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to draw up a Resolution of Temporary Appropriations. The Vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to draw up a Resolution Amending and Appropriating Funds. The Vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to draw up a Resolution of Supplemental Appropriations. The Vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to draw up a General Fund Transfer Resolution. The Vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to approve Ellen Borojevich as a probationary member pending physical, drug screen, and background check. The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to approve the Village to pay for “I am Responding” software for the amount of time to be determined by the Village Administrator. The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to schedule an Employee meeting to discuss a mutual aid policy for our employees to participate with AMP on December 3rd at 6:00pm. The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to share data from the Solar Facility with Fairless Schools and Kent State University. The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to draw up legislation to add:
- 1.02 Nature of Employment
- 1.03 Management Rights
- 1.04 Right to Add, Change, or Delete
- 8.01 Standards for Discipline
- 8.02 Progressive Discipline
- 8.07 Determination of Appropriate Discipline
on a non-emergency basis, make them codified ordinances in Chapter 38 EMPLOYEE REGULATIONS of our Codified Ordinances, and add them to our Employee Handbook. The vote: All yes.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to confirm the Mayor’s appointment of PD Officer Joe Lorenzo as a School Resource Officer (SRO). The vote: All yes.
COUNCIL MEMBER HAWK MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to approve an $800 budget for the Recreation Board’s Annual Children’s Christmas Party. The vote: All yes.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER HAWK and motion carried to create legislation to approve the Planning Commission recommendations and schedule a Public Hearing on December 3rd, 2018 at 6:45 PM. The vote: All yes.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to create a Resolution in Support of the Safe Routes to School Plan. The vote: All yes.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to authorize the Village Administrator to advertise and receive bids for the 7th Street Improvement and Paving Project. The vote: All yes.
Councilman Hilliard asked Clerk-Treasurer King if there was enough time to get an Income Tax issue on the ballot in May. Clerk King stated the paperwork has to be in to the Board of Elections at least 90-days before the election so there is still time.
VILLAGE SPEAKS: Communications Received by Council members from Village residents
AUDIENCE TIME:
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to adjourn the meeting at 8:35 PM. The vote: All yes.
Respectfully submitted,
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Kris King, Clerk-Treasurer
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Mike Schwab, Mayor