February 1, 2021 - Meeting Minutes

 

Due to COVID-19, this meeting was permitted by Sub.H.B.197 to be held through a conference call.  Notification was sent to the Massillon Independent, posted on the front doors, and posted on the BrewsterOhio.com website.

 

Brewster Village Council met in regular session with Mayor Chuck Hawk 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 to the flag.

 

Charles Hawk, Mayor

Dale Fox, Council Member                           Andrew Hess, Council Member                 

Thomas Hilliard, Council Member             Brett Long, Council Member                      

Sydney Radich, Council Member                               Mike Schwab, Council Member

 

John Anthony, Solicitor                                  Kris King, Clerk-Treasurer

Michael L Miller, Village Administrator

 

Mayor Chuck Hawk asked if there were any additions or deletions to the January 19, 2021 Council meeting minutes.

 

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to approve the minutes as read.  The Vote: all yes.

 

COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to accept the bills in the amount of $ 617,120.62.  The vote: Hilliard, no; Long, yes; Radich, yes; Schwab, yes; Hess, no. Motion carries. 

 

Fire Chief Chris Colucy and Police Chief Keith Creter were also present on the call.

 

There were no guests.

ORDINANCE 05-2021: An Ordinance Authorizing the Village Administrator to Contract with Engineering Associates for Services to Prepare Specifications and Required Bid Documents for a Brewster Electric Department Garage and a Street Department Garage was given third reading.

 

COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to pass the legislation as presented.  The vote: Hilliard, no; Long, yes; Radich, yes; Schwab, yes; Hess, no. Motion carries. 

 

Second Reading:  An Ordinance Authorizing the Village Administrator to Contract with Wood Electric to Install a Back-up Generator for the Police Department.

 

Second Reading:  A Resolution Granting Falcon Baseball Priority Use of the Village of Brewster Baseball and Softball Fields for the 2021 Practices and Games.

 

Second Reading:  An Ordinance Authorizing Entering into an Operations and Maintenance Agreement with AMP Transmission, LLC (AMPT) for AMPT 69KV Transmission Line and Electric Substation Assets.

 

Second Reading:  An Ordinance Reestablishing Quarterly Transfers from the General Fund and Quarterly Transfers from the 1% for Municipal Income Tax.

 

First Reading:  An Ordinance Authorizing the Purchase of a V-Box for the Street Department.

 

First Reading:  An Ordinance Establishing Permanent Appropriation for the Fiscal Year 2021.

 

First Reading:  An Ordinance Authoring and Consenting to ODOT to Maintain Markings, Plow and Salt, and Maintain and Repair State Highways within the Corporation Limits.

 

ORDINANCE 06-2021:  An Ordinance Authorizing a Contract for Legal Services between the Village of Brewster and the Massillon Law Department and declaring an emergency was given first reading.

 

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

 

COUNCIL MEMER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to pass the legislation as presented.  The vote: All yes.

 

RESOLUTION 07-2021: A Resolution Honoring the Memory of Andy Codispoti was given first reading.

 

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

 

This resolution is attached at the end of the minutes.

 

MUNICIPAL DEPARTMENT REPORTS:  

 

 

Last meeting Councilman Schwab asked whether the Village has liability exposure for its involvement in the meter replacement project under consideration.  The answer was yes it does and that opinion is based upon the following legal authority. Municipal corporations such as the Village of Brewster along with other governmental entities have long been given the benefit of immunity from civil liability.  I have advised Council on such governmental immunity in the past along with exceptions and exceptions to the exceptions.  Whether governmental immunity is available in a particular situation depends on the nature of the activity.  The Ohio Constitution gives the right to Ohio Municipal Corporations to assemble and conduct its own electric supply facility for its residents and if it chooses to do so it engages in  a proprietary function which traditionally provides no immunity and therefore is subject to civil liability much in the same way a private company is liable for negligence and the harm caused to others as a result of its operations.  That is the basis for the general statement that the Village does have exposure in this instance ie the operation of its electric supply facility.

 

The VA has provided details of the proposed meter replacement process and the Village’s involvement in that process and looking at those facts we can say that the Village has exposure to the outside of the residential facility ie. to the electrical box and has no responsibilities on the other side of the box and has minimal exposure.  I say minimal exposure because if the Village allows power to be utilized by a totally inadequate system on the inside for which it has knowledge or reason to know that it is inadequate, and proceeds anyway causing calamity then it’s likely the Village would be a defendant in a case with exposure money damage judgment.

 

Council Member Schwab asked if it would be prudent to send letters notifying residents of potential hazards.  Solicitor Anthony stated it is the residents’ responsibility but informing them of the safety risks is advisable.

COMMUNICATIONS: 

Tim Stith provided a letter with suggestions on how to keep the Village beautiful without hiring “Another Tim”.  VA Miller stated that the position has already been advertised and responses are coming in.

VILLAGE ADMINISTRATOR: Mike Miller

Council received the Village Administrator’s report last week to review.

 

COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to accept the VA’s February 1, 2021 report as written and emailed to Council and to enter it into the record of tonight’s Council meeting.  The vote: All yes.

 

Administrator’s report for period 1/20/2021 thru 2/1/2021:

 

• Fire Station Addition

 

• Fire Station Addition – Phones. Phones have been installed. 

• Fire Station Addition – Changes Orders & Overall Budget. No changes since last meeting. At this point, the overall cost status is essentially the same as last meeting. Theoverall perspective of where we stand with the Fire Addition Budget:

 

• Original contracts for General, Electric, and Plumbing/HVAC amounted to $1,479,348.
• General change orders to date amount to $131,603.92.
• Plumbing/HVAC change orders to date amount to $3,023.00.
• Electric change orders to date amount to $21,723.89 with the additional $6,158.39.
• Total cost including change orders to this point brings us to $1,635,698.81 with the additional $6,158.39. We are 10.6% over the original award.

 

As the final bills are paid, Kris will be able to provide the final cost for construction.

 

• Jefferson Ave Sanitary Sewer Replacement Project. Construction activities continue for the Jefferson Ave Sanitary Sewer Rehabilitation Project.

A meeting was held on site with the Contractor, Village representatives, and Thrasher to review the next phase of work, which is the water line. As a result, 7th Street will be closed again for two days on Wednesday February 3^rd and Thursday February 4^th to allow for water line installation to begin on 7^th Street. Once the new water line (loop) has been cut-in, the line will continue north on Jefferson and then east on 5^th Street to Cleveland. At some point there will be work in the intersection of 5^th and Cleveland to tie the new line in.

Work on the new sanitary main is nearly complete.

 

• Generator for Police Department. I now have two (2) quotes for installing the Police Department Back-up Generator (old Village Hall/FD Generator). The low bid is Wood Electric at $23,500. I requested a bid from another contractor but received no response.

 

Installation of the back-up generator will assure continued operations of the Police Department in the event of a power failure. It can only serve the Police Department. The current configuration is two meters/panels – one at the PD and one at Street. Code and safety considerations don’t allow us to mix.

The plan LONG TERM is to if/when a new Street Department Building is constructed, to feed the last 3 Street bays from that structure/service, and then split the PD bays portion back over to the PD/Generator. My thought is rather than full blown additional back-up generator for the new Street Department get battery back-up garage door openers so we can get equipment out, with something much smaller for lights etc. (like a home Generac). Much less expensive.

• Electric Substation – SCADA (Supervisory Control and Data Acquisition System).  Council passed the ordinance authorizing entering into a contract with GPD to complete the SCADA work for the new control house at the Substation on January 19^th. Preliminary work is being completed so that when a contract can be formally entered into on February 19^th the Village and GPD are ready to move forward. We must wait 30 days after passage before the ordinance is effective.

• 2021 Paving Program. Council passed the ordinance authorizing advertising for bids on January 4^th, so I am working on finalizing the specifications with Thrasher, our engineer, to firm up the specifications and to provide an engineer’s estimate – we must have engineer’s estimate to bid. On February 5^th, 30 days after passage when the ordinance is effective, I will be able to place the advertisements in the newspaper. Planning to advertise 89^th and 16^th and open bids on March 2^nd.

 

• AMPT – Operation and Maintenance Contract. Last summer when we sold Brewster’s transmission line and 69Kv assets, we discussed Brewster Electric Department personnel continuing to perform maintenance on the transmission line and 69Kv assets and being reimbursed by AMPT. While a draft O & M Agreement was presented, Council didn’t authorize entering into it at that time. We have been negotiating an O & M Agreement with AMPT. In additional to Maysel, both Electric Superintendent Ryan Swan and Law Director Anthony have been involved in the negotiations. On a conference call Friday January 15^th, an agreement was reached, that establishes responsibilities and how Brewster will be reimbursed for its operational and maintenance efforts on the transmission line and 69Kv assets.

 

• SRTS – Right-of-Way Acquisition. We have received authorization from ODOT to proceed with right-of-way acquisition. OR Colan has begun contacting property owners on the Village’s behalf.

 

• Advanced Meter Infrastructure (AMI). The AMI Project continues to move forward. The base station has been delivered and installation has begun. Core and Main, the company that was awarded the Village’s AMI Meter Project, indicated that within a couple of weeks the antenna/receiver and other infrastructure necessary to support the AMI Meters will be in place. The Electric Department can soon begin installation. Letters are going out to all customers to inform them of the AMI upgrade. The contract amendment (“change order”) for water meters was executed on January 20^th, 2021, the first day past the thirty (30) day waiting period after the legislation was passed, so we will start getting delivery of the water meter attachments.

 

Ø  Decorative Lighting – Boulevard. The Electric Department completed switching out the heads on the Boulevard lights to new LED Heads/Lights. They will be brighter and use less electricity. We also will receive a small rebate/incentive from Efficiency Smart for the project.

 

• Decorative Lighting – East Main between Wabash & Cleveland. The Electric Department began work installing the new decorative lighting on East Main between Wabash and Cleveland this week. The bases are installed.

 

• AMP – JV5. On Wednesday January 20^th I participated in a JV5 Membership Meeting on behalf of Brewster. JV5 is 42-megawatt of hydroelectric plants on the Ohio River with some back-up power. The plant has two generating units with a FERC rated capacity of 21 MW per unit.

 

The main subject of the meeting was “Approval of Financing Plan”.  In simplest terms, a borrowing for JV5 that was done in 2015 has to be refinanced by February 15^th, 2021. The refinancing would take the project through 2029, when it would be paid off and rates would (projected) drop. There were 3 basic options discussed, the first 2 that evened out rate increases. The third had a drastic spike up and then back down. The first 2 options were discussed the most, and the difference between the 2 (in simplest terms) was that Option 1 borrowed approximately $2.9 million more than Option 2 to delay the rate increase by a year.

 

Ultimately, Option 2 was chosen. In my opinion it would be foolish to borrow an extra $2.9 million to “artificially” lower rates – it has to be paid for in the end. The borrowing is projected to be $9.4 million but will be done through AMP’s Line of Credit rather than going to the market. AMP’s LOC rate is .97%.

 

This refinancing, similar to the AMP – Hydro Phase I refinancing last Spring, is being done with a majority vote of a quorum of the subscribing municipalities who virtually attended the meeting January 21^st. No subsequent legislation from the subscribing municipalities was required then, and no legislation “needs” to be passed now. Timewise, with the refinancing having to occur prior to February 15^th and the meeting being held January 21^st, there wouldn’t be time practically to get legislation from a majority of the 42 subscribing municipalities.

 

• AMP – Hydro 1. On Friday January 22nd I participated in a joint meeting of the Hydro Phase I, Meldahl, and Prairie State Project Participants (Hydro Phase I only for Brewster). AMP Hydro is eight (8) hydro generating units with a combined capacity of 208 MW. Brewster owns .58%.

 

The primary subject was redeeming and refinancing current debt of $99.530 million. There is an option to redeem the current debt on or after February 15th, 2021, with a mandatory redemption on August 15th, 2021. The proposal is/was to redeem on February 15th, issue bonds in April or May to cover the debt and use AMP’s Line of Credit short term (2-3 months gap). Using the LOC will save $200,000 to $300,000 (.97% interest rate). The proposal was approved by the members present.

 

There was also discussion of potential litigation held in executive session that if Council wishes me to, I can update them in executive session at some future Council Meeting.

 

• AMP – AFEC. On Tuesday January 26^th I participated in an AFEC Membership Meeting on behalf of Brewster. 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.  AMP share is 5.16%. Brewster’s share is 0.61%.

 

The primary subject was pre-payment of a portion of its natural gas requirements to hedge its position, protecting it to a degree from upward fluctuations in natural gas prices yet still remaining flexible enough to befit from current low prices. If it sounds familiar, it is because they were previous authorized to do so, but the market never presented an opportunity to do so. I informed Council about that in December in 2019.

 

At the most recent AFEC Fuel Subcommittee and Participants Meeting, both bodies unanimously approved to proceed with natural gas prepayment transactions (multiple) totaling 35,000 MMBTu/day (same as before). This prepayment [purchase(s)] would be for a term no greater than 15 years with appropriate opt-out language, to be closed this time no later than December 31, 2021.

 

Under the prepayment arrangement, AMP gets a discount from the seller based on the seller’s cost of money, which is typically higher than AMP’s cost of money.  The result is that AMP pays less for the gas (debt service payments) than they would have paid under a typical pay as you go contract.

 

Brewster has been provided with an option to opt-out of the prepayment arrangement. AMP requests that the Village respond in writing by Friday, February 19, 2021 at 5:00 PM. It is my understanding that if we opt-out, AMP will just purchase what would have been our portion of the prepayment arrangement from the short-term market and those costs will be passed on directly to the Village, unless we instruct AMP otherwise. I am discussing the proposal with Courtney & Associates, who is researching the issue further and will make a recommendation in time for the Village to act on February 16^th, prior to the date we have been asked to response.

 

• Community Reinvestment Area (CRA) – Residential. It is that time of year for the CRA Housing Council to meet so that the Village’s annual report can be submitted to the State of Ohio.

One of the requirements for residential tax abatements granted in a CRA is that housing council be appointed. The CRA Housing Council is tasked with making an annual inspection of the properties within the community reinvestment area for which an exemption has been granted. We have two (2) properties that an exemption has been granted for:

• 771 McKinley Ave SW

 

305 2^nd St SE had a CRA tax exemption that expired last year.

 

The annual inspection is to ascertain that the improvements for which the abatement has been granted have been constructed (they have) and are still in use (haven’t burned down etc.)

Ohio Revised code establishes that the CRA Housing Council is comprised of seven (7) total members. Our CRA Housing Council is comprised of:

 

• two members appointed by the Mayor

 Mayor Charles Hawk (3-year term effective January 1, 2020 expiring December 31, 2022)

 Sydney Radich (3-year term effective January 1, 2020 expiring December 31, 2022)

• two members appointed by Council

Jerry Layne (2-year term effective January 1, 2020 expiring December 31, 2021)

Ken Damewood (2-year term effective January 1, 2020 expiring December 31, 2021)

• one member appointed by the Planning Commission

VACANT

• two members appointed by a majority of the foregoing members, who shall be residents of the political subdivision

Ray Heitger (3-year term effective January 1, 2020 expiring December 31, 2022)

Andrew Hess (3-year term effective January 1, 2020 expiring December 31, 2022)

We will need to schedule a meeting of the Brewster CRA Housing Council in March before a Council meeting. The agenda will be for the Housing Council to verify the properties have been inspected and that the abatement should continue or be terminated.

 

• Community Reinvestment Area (CRA) – Brewster Dairy. The process for submitting the Village’s annual report for commercial abatements (Brewster Dairy only active commercial abatement) is different than that for residential CRA abatements.

The Tax Incentive Review Council (TIRC) is established by Ohio Revised Code 5709.85 and Brewster’s enabling legislation to be made up of:

 

• Three representatives appointed by the Board of County Commissioners
• Two appointed by the Mayor with the concurrence of Council
• The County Auditor (or their designee)
• A representative from the affected Board of Education in the CRA (Fairless)

 

The TIRC meeting will be set for March.

 

• Tree Program – 2021. I informed Council last October that we had an emergency removal on 6^th Street SW of a pear (Bradford, Chanticleer, or Cleveland Select) tree on that fell over onto a pick-up truck. In examining the base, the root structure was extensively rooted away. I also at that time informed Council that there were ten (10) other pear trees planted at the same time that could have the same issue as the one that fell. Six (6) more pear trees on the south side of 6^th SW between McKinley and Washington were removed at the time. The budget did not allow the other four (4) on the north side of 6^th SW between McKinley and Wabash to be taken down at that time. With the 2021 Tree Budget, those four (4) are scheduled for removal as well.

 

In addition, Councilman Fox pointed out that six (6) Maples on the north side of Huron between the first alley east of Wabash and the next alley west of Jackson had raised sidewalk panels extensively, making the sidewalk hazardous. Those trees are also scheduled for removal, and in addition the raised/hazardous sidewalk panels are scheduled for replacement as well.

 

Finally, in the 300 block of Wabash South there are three (3) Sweetgum trees that have raised sidewalk panels extensively, making the sidewalk hazardous. Those trees are scheduled for removal, and in addition the raised/hazardous sidewalk panels are scheduled for replacement as well.

 

• Eagle Scout Project. Cole Tucker, for his Eagle Scout Project, built three (3) bat houses for the Village. They will be erected at the west side of the of the Solar Field. That location has features that will maximize the potential use and is not in a direct contact with the mosquito spraying program, which might negatively affect the bats. They will be mounted on old utility poles. Bats may be the best form of natural mosquito control available, as they can eat up to 1,200 insects per hour.

 

• Efficiency Smart – Rebates. Heating and cooling make up the largest portion of the average household’s energy bill. Efficiency Smart offers rebates on products that can help you save on these costs, including a $750 rebate on cold climate air source heat pumps and a $100 rebate on air source heat pumps. Visit www.efficiencysmart.org/brewster-ohio and select “Home Energy Rebates” or call 877-889-3777 for more information on available rebates.

 

• Efficiency Smart – “Buy Local” Program. The “Buy Local” program has been extended.  Brochures are available.

 

• Efficiency Smart - Advanced Thermostat.  Save up to an additional $70 off the purchase of an Advanced Thermostat! Visit Efficiency Smart’s Online Savings store at www.efi.org/efficiencysmart for special Black Friday pricing and free shipping on advanced thermostats. Call Efficiency Smart at 877-889-3777 for more information.

• Efficiency Smart – “Trivia Tuesdays”. Efficiency Smart is running called “Trivia Tuesdays”.  Each Tuesday in November, Efficiency Smart will post a new energy efficiency trivia question on its Facebook page. https://www.facebook.com/EfficiencySmart . Those who answer correctly will be entered to win a $25 promo code redeemable on our Online Savings store. https://www.efficiencysmart.org/online-savings   Efficiency Smart will randomly select one winner each week, so residents can participate each week for more chances to win. Efficiency Smart is asking for our help increasing awareness of the contest by sharing Trivia Tuesday information.

Council Member Hilliard stated the current weather has provided a great opportunity to put the brine out.  He stated our streets had been salted then plowed.  He stated that he is not a professional but shouldn’t it have been the other way around.  He asked if we needed more salt ordered.  VA Miller stated we have a bin and a half, and we are in the process of ordering more.  He stated that the bins should be emptied before putting more in or it turns into large rocks and becomes unable to be spread.

 

Council Member Schwab asked if the streets had been pretreated.  VA Miller stated that he would have to check but they probably did not with the forecast of so much snow.  He also stated that all the roads were bad this morning between here and North Canton.

 

 

1.       January Financials are in Council’s mailbox.

 

No one reported any.

 

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

Solicitor John Anthony reported that there was a Council of the Whole meeting at which he explained the committee formation and responsibilities.

 

The second meeting in February will be on Tuesday, February 16^th in honor of Presidents’ Day.

 

COUNCIL MEMBER HESS MOVED, SECONDED BY COUNCIL MEMBER SCHWAB and motion carried to approve the fire pay of $2,140.66 from the Fire Operations Fund.  The vote: All yes.

 

COUNCIL MEMBER HESS MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to hire Jason Robinson as a part-time paramedic pending a physical, drug screen, and background check.  The vote: All yes.

 

COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to amend the Quarterly General Fund Transfer Ordinance to include $400 for the DARE Program.  The vote: All yes.

 

COUNCIL MEMBER RADICH MOVED, SECONDED BY COUNCIL MEMBER SCHWAB and motion carried

to give a $250 bonus to the 8 Police Officers that worked the most shifts during the pandemic from March through December of 2020 including both fulltime and part-time Police Officers from the CARES Act money.  The vote: Hilliard, no; Long, yes; Radich, yes; Schwab, yes; Hess, no. Motion carries. 

 

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to adjourn the meeting at 7:57 pm. The vote: All yes.

 

 

Respectfully submitted,

 

 

____________________________________________________

Kris King, Clerk-Treasurer

 

 

____________________________________________________

Charles Hawk, Mayor