September 17, 2018 - Meeting Minutes

SEPTEMBER 17, 2018
7:00 P.M.
Brewster Village Council met in regular session with Mayor Mike Schwab presiding.
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                           Dave Godwin, Council Member                
Chuck Hawk, Council Member                    Andrew Hess, Council Member                 
Thomas 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 September 17, 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
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to accept the bills in the amount of $ 424,061.83.  The vote: All yes.
Dorothy Carroll, 482 Park Drive, wanted to know what the zoning code change did?  Mayor Schwab explained that it would allow Council to adjust the fees associated with zoning without going through the Planning Commission.  This will speed up the process. 
Police Captain Nathan Taylor, Fire Chief Chris Colucy, Dorothy Carroll, and Ray Heitger were in attendance.
CONSIDERATION OF ORDINANCES:  Titles of each read by Solicitor John Anthony
ORDINANCE 42-2018: An Ordinance to Authorize the Repeal & Replacement of Section 113 – Door to Door Solicitation of the Village Codified Ordinances was given third reading. 
COUNCIL MEMBER HAWK MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to pass the legislation as presented.  Councilman Hilliard asked if the forms to apply for the permit are ready.  VA Miller stated the forms have been prepared. Mayor Schwab stated the forms will be available at the PD, Village Hall, and online.  The vote: All yes.
ORDINANCE 43-2018: An Ordinance to Authorize Amending Village Zoning Code Chapter 153.439 Fee Schedule was given third reading.  This is per Village Planning Commission recommendation.  A Public Hearing was held on September 17th, 2018 at 6:45pm.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to pass the legislation as presented.  The vote: All yes. 
ORDINANCE 44-2018: An Ordinance to Authorize the Sale of OMEGA JV5 Renewable Energy Credits (REC’s) in 2018, 2019, and 2020 was given second reading.  September 28th is the deadline to participate in the sale of the REC’s.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER 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.  VA Miller explained that the REC’s are valuable as private companies purchase them to offset costs of their non-renewable energy installations. The vote: all yes.
Intro by Mayor: First Reading: Authorize a Memorandum of Understanding (MOU) with Fairless School District to Provide a Second School Resource Officer.  (MOU still in Draft stage).
Fire Department: Chief Chris Colucy
1.       Upcoming FD Training: Roger Carpenter – Fire Safety Inspector, Matt Bair & Tyler Carpenter Basic Pump Operation.
  1. SCOG Meeting on 09/13 outlined the MARCS radio system in Stark County; target: online 01/05/2019.  There was a discussion that after a period of time, it would cost $20/month per radio.  The Department is hoping to get 30 radios.  County and State are going to cover this $20 fee through 2022.
  2. RED Center: thru August 31st = 516 Calls; average of 2 per day (473 same period in 2017).
  3. Chief Colucy reported there have been 566 calls so far this year.
  4. There will be an open house on September 22 from 12-4 in celebration of 100-years of service for the Brewster Volunteer Fire Department.
  5. Councilman Fox asked if the paramedics have to wear seatbelts in the ambulance.  Chief Colucy said they do but are still able to work on the patients for the most part.
Police Department: Chief Keith Creter (at Training in Columbus; Capt. Taylor in attendance)
  1. Introduction of Part Time Officer candidate James West; background check complete
  2. Request okay for application through Ohio AG & BWC for a Grant for 16 vests; @ $ 16,135.84;
        Village share of a $ 4033.96 match (75/25 Grant).  Not an Emergency.  Capt. Taylor adjusted the amount requested to $ 17,735/$ 4433 to allow for a safer vest.  Councilman Hilliard asked what the difference was.  Capt. Taylor stated the increase in stopping power from a 357 to 45 caliber.
  1. Capt. Taylor – proposed Investigation training in Columbus.  May be over the $1,000 threshold that requires it be brought before Council.  Councilman Hilliard asked if it would be better to send two officers to the training.  Capt. Taylor explained that this was the type of class that he will bring the information back to train the other Police Officers.
4.    RED Center: thru August 31st = 1523 Calls; average of 6.3 per day (1678 same period in 2017)
  1. Solicitor Anthony requests an Executive Session to update Council on the AMP Hydro phase 1 litigation.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried togo into Executive Session to meet w/Legal Counsel to discuss disputes involving the Village that are subject to pending or imminent court action.  The vote: All yes.
All of Council, the Solicitor, the Village Administrator, and the Mayor exited the room at 7:26pm.
All of Council, the Solicitor, the Village Administrator, and the Mayor reentered the room at 7:36pm.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to exit Executive Session.  The vote: All yes.  No action was taken.
1.    Donation Request: Fairless Toy Distribution for Christmas for 300+ children; suggest $1000 donation.
  1. Thank you from Grass Family for Village participation in the 2018 Zachary Grass Memorial Golf Outing.
3.    Thank you from Fairless Youth Baseball Softball Association for Village’s contribution to 2018 Season.
4.    Thank you: Fairless Alumni Association for donation for Back to School event; assisted 320 students.
Administrator’s report for period 9/5/2018 thru 9/17/2018:
  • 2019 OPWC Grant Application – East Main. The application for the East Main Paving & Rehabilitation Project was filed Monday September 10th, ahead of the Friday September 14th deadline.
  • Solar Project. The Brewster Solar Project continues to move forward. Equipment and materials have been and still are being delivered, and construction is ongoing, with conduit being laid out, fencing being installed, and other work underway.
  • Sidewalk Replacement due to Street Trees – We have completed reviewing the bids we received for replacement of sidewalk panels that were damaged by trees that have been removed. The aggregate for the low bids is $10,482. Work on replacement of the approximately 40 sidewalk panels and 2 driveway sections should begin and be completed in the next few weeks.
We are beginning to assess the remaining budget and the trees/prices available to replace trees that were removed. We will 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).
  • Stark County Council of Government Meeting – MARCS Radios. There was a meeting held onThursday, September the 13th at 4:30PM in the Silk Auditorium-Mitchell Hall on the Malone University Campus, at which there was a presentation regarding the upcoming conversion to the new Stark/MARCS Radio System, which will include the financial impact/costs for all entities who will be utilizing the system. Mayor Schwab, Chief Colucy, and I attended. One of the main points of emphasis was that the Stark County Commissioners will be paying ALL Stark County Public Safety user fees to MARCS for 4 years, 2019 through 2022. 
  • Efficiency Smart. Standard and dimmable specialty LED lightbulbs are available for a limited time for $0.99 each at Belloni Foods. Discount pricing courtesy of Efficiency Smart and Brewster Municipal Electric. Questions? Call Efficiency Smart at 877-889-3777 or visit for more information.
  • JV5 REC Sale. Previously I forwarded a memo from AMP regarding sale of Brewster’s Renewable Energy Credits (RECs) from AMP for JV5.
A Renewable Energy Certificate (REC) is a market-based instrument or a tradable, non-tangible energy commodity that certifies that 1 megawatt-hour (MWh) of electricity was generated from an eligible renewable energy resource.
JV5 is 42-megawatt of hydroelectric plants on the Ohio River, with back-up generation sources located throughout Ohio. The plant has two generating units with a FERC rated capacity of 21 MW per unit. Brewster owns 0.79 % of JV5.
AMP is seeking authorization to sell JV5 REC’s and needs authorization no later than September 28th, 2018. Therefore, Council will need to pass legislation to authorize said sale at September 17th Council Meeting.
  • Water Department - Asset Management Plan. After reviewing the draft of the Village’s Asset Management Plan for the Water Department, and discussions with our EPA representative, we are beefing up our valve exercise program. We are required to have a final plan completed by October 1st, 2018.
  • OPWC - North Water Tower Safety Improvements and Rehabilitation Project.
The pre-construction meeting was held Wednesday September 5th at 1:00 pm here at Village Hall as scheduled. Work is scheduled to begin shortly, at which time the work will last, weather permitting, about 30 days. The color will be haze grey.
  • NRAC Application. The District 19 (OPWC) Natural Resource Assistance Council is accepting applications for the Clean Conservation Fund. The deadline for applications is October 5, 2018. The program awards funds for the purchase of open spaces and stream corridors in Stark County. Once acquired, virtually no development can occur on the property – active recreation such as ballfields would not be a permitted use.
I have been approached by one of the owners of the property east of the levy from where the old shooting club was located. It is comprised of approximately 28.05 acres, all of which is shown on County maps as in the flood plain. The owner has indicated a desire to include mineral rights. The value has not been established – one of the owners feels it should be “listed” at $12,000 per acre. The Stark County Auditor shows its “appraised value” at $39,500. There is a specific process to follow to establish value under the NRAC process.
Is there any interest by Council to pursue this property (or any other property) with a NRAC Application?
  • Safe Routes to School Preliminary Plan meeting will be September 25th at 7:00 in the High School Auditorium.
Councilman Fox asked if it was legal to put up electric fences in town.  There was a piece on the radio and on the news about someone that put it up to keep the kids off his lawn while waiting for the bus.
Councilman Hilliard asked if multiple bids were received for the replacement of the sidewalks due to street trees.  VA Miller stated there are two different vendors performing the work.  Councilman Hilliard asked if the Village would be planting replacement trees and if the property owners were asked if they wanted new trees.  VA Miller stated the owners will be contacted and only appropriate trees would be planted in the areas.
  1. Village Gas Aggregation Program
  • Residents should have received a letter last week with an attached Opt-Out form from the successful Village Gas Aggregation Program Bidder, Volunteer Energy.  The letter outlines the Village’s natural gas aggregation program, states the two-year Rate, and the form provides the resident an opportunity to Opt-Out, if they so desire. If the Resident does not Opt-Out the resident is automatically enrolled
  • Natural Gas Rate of $ .4053/Ccf for 10/2018 – 09/2020 – a two-year term w/no termination fee
  • PUCO Apples to Apples on 09/17 - lowest fixed 12-month = $ .4350/Ccf w/no termination fee
  • PUCO Apples to Apples on 09/17 - lowest fixed 24-month = $ .4450/Ccf w/no termination fee
2.            Fairless Schools
  • PD Chief, VA, Village Clerk, and Mayor continue to work with Fairless Supt. Bidlack to possibly place a second School Resource Officer in Fairless Schools
  • Chief, VA, and Mayor met with Supt. Bidlack on September 7th
  • A preliminary Draft of a Memorandum of Understanding (MOU) was reviewed at this meeting
  • The draft MOU provides guidelines, policies, and the cost sharing provisions involved and would require approval by both the Fairless BOE and Brewster Council
  • An updated Draft of the MOU will be submitted to Supt. Bidlack this week
  • Legislation authorizing an MOU for the SRO had a first reading this evening
3.            Request a Committee Meeting with the Chairs of Public Safety, Finance, & Personnel
  • Public Safety – Tom Hilliard, Finance – Chuck Hawk, and Personnel – Andrew Hess
  • Topic – SRO Memorandum of Understanding with Fairless School District
  • Intent to advise these Chairs with the particulars of the MOU Draft and to get their input
  • Request an evening the week of September 24th if possible.  VA Miller suggested September 25th at 5:30pm
  1. Village Planning Commission
  • The Planning Commission meets at 7 pm on Thursday
  • Topics to be reviewed and discussed for possible updates are:
                1. Modular, Manufactured, and Mobile Homes    (current 153.250 in Village Code)
                2. R-5 Mobile Home Residential District                  (current 153.120 in Village Code)
                3. Sample Carport regulations
                4. And other topics as time permits
  1. Village Prosecutor: Atty Ian Crawford submitted a Contract for 2019 renewal w/no salary increase; Salary = $ 12,300; lapses on 12/31; Drafting Legislation approving the Contract would be appropriate.
  1. Village Solicitor John Anthony’s two-year contract lapses on December 31, 2018. Drafting Legislation approving the Contract would be appropriate.
September 5th – September 17th, 2018:
  1. August Fire Pay = $ 6,688.81.
  2. I’m working with Chief Colucy on the next grant application.
  3. The Village has received Discovery Requests for the case involving OPEC.  I’ve answered the Interrogatories and gathered the Requests for Production of Documents for the Jefferson Health Plan.  The information was from 2012-2017.
  4. August and Year-to-date reports were placed in Council’s mailbox.
  5. Working on the Arts on the Boulevard.  This year we have a different performer, his name is Jon King and he will be performing from noon to 4.  I encourage residents to bring a lawn chair and enjoy the music along with visiting the vendors along the boulevard.  Friends Church will be providing a lunch for donations.
  6. Councilman Hilliard asked about Trick-or-Treat.  I recommended Sunday, October 28th from 2-3:30 with the party at the park at 4:00 after the discussions from last meeting and calling other communities.
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
1. Special Fire Planning Committee Minutes met this evening.  Councilman Hilliard reported another meeting will be scheduled soon.
2. Suggested by Village Clerk that Council set Trick or Treat Date & Time
3. OML Conference – 10/31-11/02 at Columbus Renaissance Hotel
REMINDER:        Planning Commission - Thursday, September 20th at 7 pm
                                Arts in the Boulevard – Saturday, September 22nd from 11 am to 5 pm
Safe Routes to School Committee Meeting: September 25th at 7 pm at FHS Auditorium
                                Tree Board Meeting Monday, October 1st at 6 pm
                                Council of the Whole Meeting October 15th at 6 pm                       
EXPENDITURE REQUESTS from past Meetings:
1. Mayor/PD Chief: A ThirdSpeed sign directly wired by Village Electric at a cost of $ 2,966.00
  1. From Mayor: Adjustment of Village Clerk’s salary be considered to begin with 2020-2023 term.    Provided to Council by VA on May 7th - Council, Clerk, & Mayor Salary Comparable Lists.  Committee meeting scheduled for October 15th at 6:00pm.
  2. From Mayor: 2018 Fire & EMS Budgets submitted to Council: suggest that Council meet to discuss future funding of Fire and EMS operations.  A Fire Planning Committee meeting was held this evening at 6:00pm.
  3. From VA/Mayor: Advertise for Proposals for a Village Solid Waste Opt-Out Program (06/18/18).
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to create legislation approving a Village Prosecutor’s contract with Atty. Crawford for 2019.  The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to create legislation approving a Village Solicitor’s contract with Atty. John Anthony.  The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HAWK and motion carried to authorize application through the Ohio Attorney General and the BWC for a grant for 16 vests with a 75/25 split with the total cost of the vests being $ 17,735.  The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to approve the fire pay of $ 6,688.81 from the Fire Fund.  The vote: All yes.
CUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to approve Trick-or-Treat to be held on Sunday, October 28th from 2pm to 3:30pm and having the judging and party for the children in the park afterwards at 4:00pm.  The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to appoint James West as a probationary Police Office pending a background check, physical, and drug screen.  The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to hold a Public Safety, Finance, and Personnel meeting on Tuesday, September 25th at 5:30pm.  The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to hold a Fire Planning Committee meeting on Wednesday, September 26th at 6:00pm.  The vote: All yes.
VILLAGE SPEAKS: Communications Received by Council members from Village residents
Councilwoman Radich received complaints about an excessive number of stray cats on West 6th Street.  It was stated that animal control would need to be contacted and that the Village cannot do anything in this situation.
Ray Heitger of the Recreation Board stated there were only about 40 people at the last concert.  Councilman Fox stated there were two other events in the area at the same time but to keep it up.  Councilman Godwin stated he had someone request gospel music.  The Mayor and Council Members thanked the Recreation Board for all their hard work.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to adjourn the meeting at 8:09 PM. The vote: All yes.
Respectfully submitted,
Kris King, Clerk-Treasurer
Mike Schwab, Mayor