February 4, 2019 - Meeting Minutes

 

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.

 

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 January 22, 2018 Council meeting minutes. 

 

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER GODWIN 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 $ 79,166.29.  The vote: All yes.

 

Ray Heitger, Fire Chief Colucy came in late, Police Chief Creter, SRO Officer Truman, Officer Lewis, Officer Keener, and Anna Crawford of the Independent Newspaper were also in attendance.

Ray Heitger was presented with a plaque containing a Resolution of Appreciation for he and his wife’s dedication and hard work on the Recreation Board for the Village of Brewster.  The Mayor thanked him for the work they did on the children’s Christmas party, the children’s Halloween Party, the Easter Egg hunt, and the summer concert series.

Second Reading: An Ordinance Authorizing the Modification of the Village Electric Utility Rates

 

Second Reading: An Ordinance Authorizing the Awarding of Contracts for Major Equipment for the Southside Substation Upgrade Project (Bid Openings for 8 Items slated for 02/14/2019)

 

Second Reading: An Ordinance Authorizing Village Officials as BX Federal Credit Union Signatories

 

ORDINANCE 18-2019: An Ordinance Amending 46-2016 to Designate the Execution of AMP Documents and Certificates was given first reading.  This would combine two other ordinances that authorize the execution of tax certificates.

 

COUNCIL MEMBER GODWIN 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 MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to pass the legislation as presented.  It was asked why this was an emergency.  VA Miller stated AMP wanted it months ago and everything coming from AMP is an emergency.  Solicitor Anthony stated that the material was the same as the two previously read pieces of legislation.  The vote: All yes. 

 

(With the passage of the above ordinance, it was suggested to table the following two measures which duplicate the intent of Ordinance 18-2019)

 

COUNCIL MEMBER HAWK MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to table the legislation Authorizing the Execution of AMP Hydro Project Certificates by VA.  The vote: all yes.

 

COUNCIL MEMBER HAWK MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to table the legislation Authorizing the Execution of AMP Fremont Energy Project Certificates by Mayor. The vote: all yes.

 

First Reading: An Ordinance Authorizing the Adoption of an Employee 6.19 Nepotism Policy.

 

First Reading: An Ordinance Authorizing the Adoption of an Employee 1.07 Scope of Coverage & Parameters Policy.

 

First Reading: An Ordinance Authorizing the Adoption of an Employee 1.08 Implementation Policy.

 

First Reading: An Ordinance Authorizing the Adoption of an Employee 7.07 Village Telephones Policy.

 

Fire Department: Chief Colucy

The MARC’s radios have been installed in vehicles and portables provided to the Department.  The system went live on January 31^st at 1:00.  The monthly charge is currently being picked up by the County.  Councilman Godwin stated that after the four-years is up, we don’t know how much they will be charging.

 

Asst Chief Jen Mohler call report: January calls: 60 with 31 in Brewster, 10 in Sugar Creek Township, 15 in Tuscarawas Township, and 4 miscellaneous.

 

The Chief attended Sugar Creek Township meeting earlier this evening.  He asked that road closed signs and gates be put up for the high water when there is flooding.

 

The Department is holding a water rescue class this Saturday.

 

The Firemen’s Festival is be May 29^th – June 1^st.  The Chief is requesting to put a beer tent in Bimeler Park again this year.

Monthly Activity Report.  There have been 857 calls.

 

Department Award:  Officer Benny Truman is the Brewster Police Department’s Police Officer of the Year for 2018.  Chief Creter read a letter as to the accomplishments of Officer Truman.

 

MARCS Radios installed in vehicles and portables provided to PD; System went live on 01/31 at 1:00 pm.  No issues so far.

 

The Chief outlined a Police Department computer system replacement and server upgrade project.

 

Negotiations on the OPEC-HC litigation continues.

 

The Solicitor asked to be excused from the 02-19-2019 Council Meeting.

 

There was a discussion on text messaging and emails outside the perimeters of open meeting and public records.  Solicitor Anthony advised the importance of not utilizing these forms of communication except as a form of dispersing information.  The discussion of agenda items is improper.  These forms of communication are public record under Ohio Law. 

 

Councilman Godwin asked what probable cause anyone would have to ask for texts and emails.  Probable cause is not required for public records. 

 

Councilman Hilliard wants a cell phone reimbursement of $50 per month since that is how he gets all his emails.  VA Miller stated Council can’t get an increase in compensation mid-term.  An ordinance would have to be prepared and approved to go into effect for the next set of elected Councilpersons.

 

Councilman Godwin wants to know why the VA, Mayor, and Clerk get bonded and Council doesn’t.  Clerk King explained that Council is bonded.  The bonds that are purchased by the Village on the elected officials and employees are to protect the Village, not to protect the elected officials and employees.

 

Donation Request Application from Safe Kids Stark County; Village donated $ 250 in 2018 (Council copy)

VILLAGE ADMINISTRATOR: Mike Miller

Administrator’s report for period 1/23/2019 thru 2/4/2019:

• Electric –Substation Upgrade/Expansion. To keep our steps in perspective, the following is a listing/timeline for our remaining actions needed to keep the Substation Upgrade/Expansion Project on schedule:
  

Financing Plan: We are now looking at being on AMP’s March agenda.

     Equipment Bidding Plan:

• Advertising complete. Bid opening moved to February 14^th for equipment for Substation Project
• April 1^st or earlier – Council awards contract forequipment for Substation Project (or kills Project) at third reading.

 

      Construction Bidding Plan:

• Finalizing Substation Upgrade/Expansion Project Plans and Coordinating with GPD to advertise and receive bids for construction of Substation Project. First advertisement AFTER Council decision to award contract for equipment for Substation Project (or not)
• Early June or after – open bids for construction for Substation Project
• Late July or after – Council awards contract for construction for Substation Project

 

      Electric Rate Study and Rate Adoption Plan:

• February 4^th – Second Reading Electric Rate Ordinance
• February 19th - Third Reading Electric Rate Ordinance
• Early as possible – move to new PSCA calculation
• June or July 1^st – new rate structure for 2019 into effect

 

I will continue to keep Council informed as to developments. Please feel free, as always, to contact me if you have any questions or need me to obtain any additional information.

 

Councilman Godwin asked how we know we need the redundancy.  VA Miller stated the Village has been working with GPD for years on this.  The rate study shows that we can do the project with our current rates.  This will protect the Village from suits for loss of product in the future by providing a separate source of power should the Village have an outage.

 

• Electric Remainder Purchase.  In reviewing our electric rates with Courtney and Associates, it was noted that the market MAY still be favorable to locking in Brewster’s remainder needs beyond 2024 at an attractive price.

 

To recap, Brewster has locked in two (2) remainder contracts in the past couple of years: the first remainder contract was from 2017 – 2021 from BP for a net price of $32.91 / MWh. The second remainder contract was from 2022-2024 from Excelon for a net price of $29.47/MWh.

 

I will keep Council informed.

 

• ODNR NatureWorks Grant. Sent in executed documents for the Exercise Area Project Grant for Round 25 NatureWorks from the Ohio Department of Natural Resources (ODNR).
  
• Employee Handbook Policy – Investigating Employee Conduct.

I have provided Council with a draft of 8.07 Investigation of Employee Conduct. It outlines the process that employee conduct is to be investigated. It is to be part of the Work Rules and Discipline Chapter, which is shown below - both what HAS BEEN adopted and what is remaining to be adopted.

 

Chapter 8         WORK RULES AND DISCIPLINE 

 8.01     Standards for Discipline                                 passed 12/17/2018

 8.09     Imposition of Discipline

 8.10     Appeal of Discipline   

As I previously informed Council, I have given a lot of thought over the years, and have drafted and redrafted, a lot of approaches to the disciplinary process. Where I have ended up is with essentially two (2) layers of Policies:

 

 

• OPWC Small Government Grant - 7th Street Improvement & Paving Project. Bids were opened at 12:00 Noon on Friday February 1^st for the 7th Street Improvement & Paving Project. We received five (5) bids. The apparent low bidder is Superior Paving at $180,405. The construction estimate was $205,000.

 

The current total project estimate, including construction, is $225,500. Our local match to the 7th Street Improvement and Paving Project is $116,025. The OPWC Small Government Grant is $111,475.

As I informed Council, we bid alternates for Curb & gutter, sidewalk, and handicapped ramps with the 7th Street Improvement and Paving Project. Superior was NOT low on those items, and we cannot bundle those items with the base project to determine low bidder because of the OPWC Grant.

The absolute low bidder on the two (2) most costly items was Central Allied, at:

• $35,700                     curb & gutter
• $30,637.50               sidewalk

As Council may remember, those items were added to the bid specifications as alternates because:

• 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 it. 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 choose 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.

Our engineering firm, Engineering Associates, is reviewing the bids while I am reviewing our funding to determine what recommendation(s) will be made to Council.

Councilman Hilliard asked if the snow could be brushed off the solar panels.  Mayor Schwab stated the field is not the Village’s and NextEra would frown on anyone inside their fence.  We lease the land and purchase the power through AMP.

 

Councilman Hilliard brought up needing the Substation Upgrade for local businesses, other growth, and maintenance needs.  He asked if Brewster Cheese would be metered properly with their expansion and he is worried about the residents adjacent to the company.  Councilman Hawk stated in the Planning Commission meetings they have been discussing buffers for just this type of expansion.

 

Councilman Godwin asked what the current substation is rated at, how much power?  VA Miller stated we can take what comes through the 69 line, we have peaked at 9½ MW.  The issue becomes how much the wires can transmit.  We would need to upgrade wires to handle the power going through them to avoid burning them up.  VA Miller stated he would go into greater detail in an email.

VILLAGE MAYOR: Mike Schwab
1.            From Utility Office

• Utility Data sheet for 2018 (Council copy of Tammy Fox’s tabulations)

2.            Village Planning Commission’s January 24, 2019 Meeting (Council copy of PC Minutes)

• The Planning Commission adopted Planning Commission Bylaws and Procedures
• For 2019 the Planning Commission membership elected Chuck Hawk as Chairperson and Mike Schwab as Secretary
• Topics currently under review by the PC are adopting an Agricultural Zoning District, Screening & Buffering Regulations, sidewalk regulations, review of Accessory Buildings, the review of the language in B-1 and B-2 zoning districts, and other topics that may arise
• The next meeting will be March 21^st at 7:00 pm

3.            May Ballot Issue – 0.5% Village Income Tax Increase for Village Fire Department

• Village cannot expend any Village funds to promote the approval of this Ballot Issue        
• In 2016 a Ballot Issue Committee was formed to support the 0.5% Village Income Tax Issue
• To underwrite expenses such as advertising, contributions for expenses were solicited and received from and by the Committee
• A Ballot Issue Committee can be formed to support or oppose a ballot issue
• A Ballot Issue Committee must file a Form 30-D designating a Treasurer prior to accepting any contributions or making any expenditures
• Form 30-D must contain names & addresses of the Ballot Issue Committee members and is considered the registration of the committee with the State
• Four financial reports are required: pre-election, post-election, semi-annual, and annual
• A 10-page Ballot Issue Committee handbook is available on County Board of Election web site

Councilman Hilliard stated the last time the Fire Department had a levy on the ballot, they handled all the promotion of that levy.  Chief Colucy stated the department will handle it themselves.

4.            Mayoral Citation for Citizenship to Eagle Scout Ben C. Bravis

• Ben C. Bravis is a member of Scout Troop 301 and on December 16, 2018 earned an Eagle Scout Award  
• Ben’s Project was the construction and installation of new sign structures – Village provided signs, sign holders, and posts at the Brewster Frisbee Golf Course at Sabo Park on West Main.
• The Citation has been provided to Ben in recognition of accomplishing the Eagle Scout Award for completing this Project

5.            Approve Compensation for Village Clerk-Treasurer Effective April 1, 2020

• On November 19, 2018 Council Tabled this legislation at Second Reading citing a proposal to spread the proposed increases over four years & possibly including other Village officials
• If Council desires to address the compensation for the Village Clerk-Treasurer position ithas until August 19, 2018
• I would recommend that the wage proposal for Village Clerk stand-alone from other Officials

6.            Annual Meetings with Village Businesses

• In the coming weeks Village Officials will meet with Brewster Cheese, Shearers Foods, W & LE, and Fairless Schools to touch bases on topics of mutual interest

7.            Thank you Letters Sent to each Sugarcreek Township Trustees

• To recognize their decision to provide additional Fire/EMS Contract funds from the increase in revenue they receive from their Township Fire Levy

8.            Report Card 2019 – Village Police Department 0.2% Income Tax (Copies given to Council and posted on the website)

 

VILLAGE CLERK-TREASURER: Kris King
February 4, 2019:

January Financial and 2019 Year-to-date Report.

 

Records Commission meeting request for February 19, 2019 at 6:45 pm.

 

Fire Pay for 01/20/19-02/02/19 = $ 5,007.60.

 

The Fire Department’s income tax issue has been filed with the Stark County Board of Elections.

 

The Certificate of Total Amount from all Sources Available has been filed with the County.  This provides the figures used to build our 2019 budget.

 

Please take the time to review and sign the check register on the table.

 

Currently undergoing the onboarding of the new payroll system.  PayChex is going to walk us through the process this payroll cycle and then train us to move forward.  We still have a couple employees that have not turned in their direct deposit information.

 

Working with the programmer for the time and attendance portion of the payroll program.  We have to create policies and rules.  This is expected to take six to eight weeks to complete.

 

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. Public Hearing Minutes from 01/07 – a review of four Amendments to Zoning Code

2. Personnel Committee met this evening-Councilman Hess reported that we discussed handbook policies

EXPENDITURE REQUESTS from past Meetings:

Council Committee (11/05): Proposed Trash Aggregation Program; VA provided a Draft for review.

 

Tabled at Second Reading: Approve Compensation for Village Clerk-Treasurer Effect. April 1, 2020.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCL MEMBER HESS and motion carried to approve the Fire Pay of $5,007.60 from the Fire Equipment Fund.  The vote: All yes.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to schedule an Employee Finance Committee meeting on April 15^th at 6:00 pm to discuss the Clerk-Treasurer salary effective April 1, 2020.  Councilman Hilliard would also like to discuss the Council and Mayor’s salaries whose terms start January 1, 2020 and Council receiving a cell phone allowance. The vote: All yes.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to permit the Brewster Firemen’s Association to have a Beer Tent at the festival from May 29^th - June 1^st, 2019 as long as the servers have TIPS Certification and the proper insurance.  The vote: All yes.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to draw up legislation adopting 8.07 Investigation of Employee Conduct Policy and make it part of the codified ordinances and add it to our Employee Handbook on a non-emergency basis.  The vote: All yes.

 

VILLAGE SPEAKS: Communications Received by Council members from Village residents

Nothing

 

Ray Heitger, 317 East 7^th Street, thanked the Council, Mayor, VA, Clerk, Police Department, and Fire Department for all their help and support of the community activities.

 

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to adjourn the meeting at 8:30 PM. The vote: All yes.

 

 

Respectfully submitted,

 

____________________________________________________

Kris King, Clerk-Treasurer

 

____________________________________________________

Mike Schwab, Mayor