December 2, 2019 - Meeting Minutes

 

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

 

7:00 P.M. – CALL TO ORDER

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to excuse Council Member Fox.  The vote: All yes.

 

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

Kris King followed by the Pledge of Allegiance.

 

Mike Schwab, Mayor

Chuck Hawk, Council Member                    Andrew Hess, Council Member 

Tom Hilliard, Council Member                    Brett Long, Council Member                      

Sydney Radich, Council Member                              

 

John Anthony, Solicitor                                  Michael L. Miller, Village Administrator 

Kris King, Village Clerk-Treasurer

 

Mayor Mike Schwab asked if there were any additions or deletions to the November 18, 2019 Council meeting minutes. 

 

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

 

COUNCIL MEMBER HESS MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to accept the bills in the amount of $473,245.27.  The vote: All yes.

 

Ray Heitger, 317 East 7^TH Street, asked if the stump could be removed near the entrance of the substation to help the trucks make the turn into the roadway to the sub.

 

In attendance were Police Chief Keith Creter, Fire Chief Chris Colucy, Ray Heitger, and Joshua Bowen of the Massillon Independent newspaper.

 

ORDINANCE 92-2019:  An Ordinance Authorizing the Adoption of a Community Services Donation Policy was given third reading.

 

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

 

ORDINANCE 93-2019:  An Ordinance Authorizing the Preparation for and the Advertising for Proposals for Advance Metering Infrastructure for Utility Operations.

 

Council Member Hilliard asked for VA Miller to explain how the meters worked.  VA Miller is recommending a centralized system.  It would require two antennas, one on the north water tower and one at Village Hall.  The utility department could collect all the readings at one time.  This would alleviate estimating the meters and will allow a consistent number of days per month on each bill for the residents.  It can also alert Village Hall when there is a water leak if a resident has an excess of water usage in between meter readings.  The cost will be between $25,000 and $30,000 each for the antennas, $50-$100 for the electric meters, and $100-$125 for an attachment to the water meters.  Based on their experience with AMI, VA Miller will have CT Consultants prepare the specification for bids.

 

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

 

ORDINANCE 94-2019:  An Ordinance Authorizing the Preparation for and the Advertising for Proposals to Extend Credit for the Brewster Fire Building Expansion Project was given third reading.

 

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

 

RESOLUTION 95-2019:  A Resolution Authorizing Initiating the Formation of a JEDD with Tuscarawas Township was given third reading.

 

VA Miller explained the genesis of this resolution and the benefits of it.  This legislation allows the Solicitor to make contact with the Attorney for the Township and discuss the preparation of a contract.

 

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

 

Second Reading:  An Ordinance Authorizing an Agreement with Massillon Law Department for 2020 Prosecution Services.

 

Second Reading: An Ordinance Authorizing an Agreement w/Massillon Police Department for 2020 Prisoner Transport.

 

Second Reading: A Resolution Authorizing an Agreement w/LOGIC for RED Center Dispatching for 2020 Police & Fire.

 

Second Reading: A Resolution Authorizing Temporary Appropriations for 2020.

 

Second Reading: A Resolution Authorizing Amending and Appropriating Additional Funds for 2019.

 

Second Reading: An Ordinance Authorizing Supplemental Appropriations for 2019.

 

Second Reading: An Ordinance Authorizing the Transfer of Funds from the General Fund.

 

Second Reading: An Ordinance Authorizing the Adoption of Electric Utility General Rules and Regulations.

 

ORDINANCE 96-2019:An Ordinance Authorizing Preparation & Bidding of BX Fire Building Expansion Project was given second reading and declaring it an emergency.

 

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

 

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

 

RESOLUTION 97-2019:  A Resolution of Appreciation to David Godwin for his service as a member of Brewster Village Council was given first reading.

 

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

 

Fire Department: Chief Chris Colucy

 

 

The Jefferson Health litigation: We are still waiting on the final settlement agreement.

 

Solicitor Anthony reported on a recent case that may require the specific reason for an Executive Session concerning an employee of the Village be stated before entering into Executive Session.

 

Solicitor Anthony also reported on a case revolving around Government Immunity in vehicle accidents.

 

 

VILLAGE ADMINISTRATOR: Mike Miller

Administrator’s report for period 11/19/2019 thru 12/2/2019:

 

• Efficiency Smart – Smart Thermostats. Efficiency Smart will have special Black Friday deals on smart thermostats through the Online Product Store from 11/19 -12/4. A smart thermostat can help reduce heating costs this winter! Get special Black Friday deals on smart thermostats from 11/19- 12/4 through Efficiency Smart’s online product store. Residents can learn about deals on smart thermostats by visiting www.efficiencysmart.org/brewster-ohio or calling Efficiency Smart at 877-889-3777 for more information.

 

• Efficiency Smart – “Electric Bill Advice” Program. Efficiency Smart is launching a new “Electric Bill Advice” Program. Through this program, customers can contact customer support, answer some questions about their home, and receive energy saving tips and advice based on their answers. We will be adding an announcement on/with the bills as follows:

 

Does your electric bill seem higher than typical? Efficiency Smart’s free Electric Bill Advice program can help you understand the electric use in your home and provide suggestions that can help decrease high bills. Call Efficiency Smart at 877-889-3777 or visit www.efficiencysmart.org/brewster-ohio and select “Electric Bill Advice” for more information.

 

• Efficiency Smart – Rebates on Heat Pumps. Residents can learn about new rebates on air source and cold climate heat pumps.

 

There is a$100 Rebate on select air source heat pumps. Air source heat pumps work by absorbing heat from the outside air and transferring it into your home. Modern heat pumps can reduce electricity use for heating by approximately 50% compared to electric resistance heating such as furnaces and baseboard heaters.

 

There is a $750 rebate on select cold climate heat pumps. Cold climate heat pumps are designed specifically for very cold climates and can efficiently extract heat from air with temperatures far below 0°F. These heat pumps provide a very efficient way to heat homes, lower electric bills and improve comfort.

 

Residents can learn about new rebates on air source and cold climate heat pumps by visiting www.efficiencysmart.org/brewster-ohio or calling Efficiency Smart at 877-889-3777 for more information.

 

• Efficiency Smart – LED Light Bulbs. There are still 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 www.efficiencysmart.org/brewster-ohio for more information.

• Electric – Substation Upgrade/Expansion. Construction work has begun on theSubstation Upgrade and Expansion Project.As I previously indicated, the contractor (Thompson Electric) is working four (4) ten (10) hour day schedule. To make sure we have personnel available to respond and/or observe construction a minimum of two (2) of our Electric Department employees will be scheduled during those same hours. Please feel free, as always, to contact me if you have any questions or need me to obtain any additional information.

 

• MRF Funding – Carryover of 2012, 2013, 2014, and 2018 Funding. The Stark County Board of Commissioners approved the Village’s request that the allocated but unexpended funds from the Municipal Road Fund from 2012, 2013, 2014, and 2018, as set forth below, be carried forward to 2020 at their November 20, 2019 meeting.

 

                2012                     $  9,321

                2013                     $31,000

                2014                     $25,000

                2018                      $17,500

 

                Total                      $82,821

 

• Shared Use Path – North Side of 7^th Street. Construction has been completed for this year on the portion of the Shared Use Path on the north side of 7^th Street between Park Drive and Amherst. This section of Shared Use Path is one of many tasks that makes up the Safe Routes to Schools Plan, which was adopted by Council after a number of public meetings and opportunity for public input. Multiple surveys were taken at public events and through other means, which as indicated that one of the reasons parents don’t allow children to walk to school was safety (lack of sidewalks and speed of vehicles).

 

Additional ramps were installed at Park Drive and Dartmouth, and the crosswalk ramps on 7^th Street at Amherst were expanded so that they function better and more safely.

 

As I informed Council previously, the Shared Use Path has been constructed initially out of base gravel with a limestone surface. This is being done because the alignment of the SUP has initially encounter some obstacles (power/telephone poles and a cable box). Now that the SUP is established, the Village will move forward to having the poles and cable box moved to locations that do not interfere with the alignment. The construction material will serve as a base, should we upgrade the surface to asphalt of concrete. The path was located approximately 2 feet behind the curb and gutter, so as to minimize impact on the homes on the north side of 7^th Street.

 

• OPWC Grant – East Main Street Paving & Rehabilitation Project. The East Main Street Paving & Rehabilitation Project has been re-advertised in the Canton Repository on November 18^th and November 25^th.  Bids are due and will be opened at noon on December 16^th, 2019.

The Village received an OPWC Small Government Grant of $51,964 (49%) of the total $106,050 of the total estimated cost for the East Main Street Paving & Rehabilitation Project.

• Fire Station Addition – Zoning Board of Appeals Variances. A meeting of the Brewster Village Zoning Board of Appeals was held Thursday November 21, 2019 at 7:45 pm in Council Chambers at Brewster Village Hall at 302 South Wabash Avenue, Brewster to consider a request for zoning variances.

The application was for six (6) variances being requested for parcel 7080167, which is zoned R-3 and is owned by the Village of Brewster. The six (6) variances are for the purpose of adding to the Brewster Fire Station, and were:

• Front setback. 35 feet is required; proposed is less than 3 feet
• Side setback (west). 8 feet required; 0 feet proposed (existing station wall)
• Side setback (east). 8 feet required; 6 feet 3 inches proposed.
• Rear yard setback. 30 feet required; 23 feet proposed.
• Lot coverage. 25% maximum coverage limit; 65% coverage proposed.
• Useable open space. 30% required; estimated less than 5% proposed.

The Zoning Board of Appeals approved all six (6) requested variances.

• Potential Transmission Project – RFP for Sale of 69kV Assets. We advertised for proposals for the potential sale of the Village’s 69kV Assets. The advertisement appeared in the Canton Repository on November 11th and 18th, 2019. Proposals for the Purchase of Existing 69 KV Transmission Facilities and Establishment of a Second 69 KV Interconnection were to be submitted to the Village Administrator of the Village of Brewster, Ohio, prior to 3:30 p.m. ET, on December 2, 2019. Those proposals we have received will be reviewed and reported on to Council at the December 16^th Meeting.

 

• ODOT – Route 93 Paving and Drainage Issue(s). The Village had both sides of the storm sewer (the northeast corner and the northwest corner) cleaned, so that the lines can be visually inspected. It has been subsequently videoed as well. These steps should provide ODOT and the Village adequate information so we can jointly continue to investigate the possibility of completing repairs before or during the upcoming paving project.

 

• Arbor Day Tree City Application. The Village’s application for recognition as a Tree City for 2019 was submitted. If successful, we will qualify for our 27^th year as a Tree City. It will be our third year in a row after a few years we didn’t apply.

 

• 7th Street – Repair at Levee Gate. The US Army Corps of Engineers has awarded a contract to make repairs to the sill on levee gate to Brannon Contracting & Maintenance, Inc. of Duncan Falls, Ohio. The Corps has indicated that their Accident Prevention Plan has been approved by their safety office, and that their contracting folks are going to schedule the preconstruction meeting with their contractor sometime after November 12^th. The Corps has reached, and plan to meet with the Village to discuss traffic control and work limits.

 

• AMP – AFEC Natural Gas Prepayment.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%.

 

AMP is looking to purchase some of it required natural gas for AFEC under a prepayment arrangement.  At the AFEC Fuel Subcommittee and Participants Meeting held Wednesday September 25^th, 2019 both bodies unanimously approved to proceed with natural gas prepayment transactions (multiple) totaling 35,000 MMBTu/day. This prepayment [purchase(s)] would be for a term no greater than 15 years with appropriate opt-out language, to be closed no later than December 31, 2020.

 

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 the option to opt-out of the prepayment arrangement.  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 you instruct AMP otherwise. Based on my discussions with Courtney & Associates, I do not recommend opting out.

 

The Village has until December 6th to respond if we wish to opt-out. If we do not respond, we will be included in the AFEC Natural Gas Prepayment transaction(s).

 

Council Member Hilliard asked if there was a noise barrier being considered between the proposed walking path on 7^th Street and the school.  VA Miller stated the Village is not actively planning one.  VA Miller stated he can talk to the school when the Village gets to that point of the project.

 

1. A 2019 Council Committee Assignment

• Council Rule #15 dictates that:

There shall be six standing committees consisting of all members of Council. All standing Chairpersons shall be appointed by the Mayor.  The Mayor shall appoint the chairperson of each committee from the members of Council so that each member has chairpersonship over one committee.

• Mayor Appoints Brett Long to Chair the 2019 Building, Parks & Grounds Committee for remainder of 2019               

2.             2020 Council Committee Assignments

• Handout - Copy of the 2019Council Committee Assignment List
• Suggest that each member of Council consider what Committee he or she prefers to Chair in 2020 and advise new Mayor Chuck Hawk of their preference

3.            2020 Council Rules

• (O.R.C. 731.45) - The legislative authority of the Village shall determine its own rules and keep a journal of its proceedings
• Council Rule #17 states that:    

At the January organizational meeting of Council each year, the Council shall adopt by motion Rules of Council for the calendar year. The Rules of Council must be in compliance with applicable Ohio Revised Code and Ohio Attorney General Opinions

• The Solicitor shall serve as parliamentarian during Council meetings
• Handout – A copy of the 2019 Council Rules for Council’s review and consideration
• At the January 6, 2020 Council Meeting Council is required to adopt Council Rules for 2020 in the initial stages of that first Meeting of 2020
• Although Council Rules can be modified by Council at any time traditionally amendments to the Council Rules have been offered at the first Meeting of the year
• An example of a modification that Council may want to review is possible language conflict in Rule #19 – Council Vacancy and Rule #20 - Council Resignations that was pointed out recently by Solicitor Anthony

 

4. Stark County, Ohio General Election November 5, 2019 Summary Official Results

• Posted by the Stark County Board of Elections on November 21, 2019

                                                                                            Votes

• Brewster Village Mayor

                                                Dave Godwin                    197        36.28%

                                                Charles Hawk                   346        63.72%

Brewster Village Clerk-Treasurer

                                                K. Kris King                        460        100.00%

Brewster Village Council (2)

                                                Brett Long                          324          37.76%

                                                Mike Schwab                    272          31.70%

                                                Jerry Weaver                    262          30.54%

 

5. Oaths of Office – Brewster

• Traditionally Oaths of Office for the newly Elected Mayor and the newly Elected members of Council are performed at the first Council Meeting of the year
• The first scheduled Council Meeting in 2020 falls on January 6^th which leaves the Mayor’s Office and two Council seats vacant without a returnee for the first six days of 2020
• Judge Stucki will provide an Oaths of Office Ceremony for the new Mayor and two new members of Council on New Year’s Day at Village Hall
• Note: The Village Clerk-Treasurer takes Office on April 1^st

6. Planning Commission Hearing – November 21, 2019

• Council copy of Minutes
• Planning Commission recommends that Council Amend the Village Zoning Code to provide additional language for Walls & Retaining Walls
• Second page of the PC Minutes states that new language recommended by the PC
• By State statute & Village ordinances Council is required to:

(1) Direct that legislation be created to adopt the Planning Commission’s recommendation

7. 2019 Police Income Tax Report Card

• Council Handout
• Will be posted on the Village Web Site under “Financial Picture” and on the Village Facebook page

8. 2019 Street Income Tax Report Card

• Council Handout
• Will be posted on the Village Web Site under “Financial Picture” and on the Village Facebook page

9. Fire and EMS

• The Village Clerk advises that the expected year end carryover for the Fire Fund is an estimated $29,000 which could prove to be inadequate for the operations of the FD for first three plus months of 2020
• The Village Clerk advises that the expected year end carryover for the EMS Fund is adequate for the operations of the FD for first three plus months of 2020.   This fund could prove to be the fallback option for supporting Fire operations in early 2020
• With the expected carryovers in mind for both the Fire and EMS, a freeze is placed on all non-emergency and nonessential expenditures in Fire and EMS for the remainder of 2019
• As I have with the Police Chief, I’ve asked the Fire Chief to submit any expected 2020 Fire and EMS purchases and expenditures to the Village Clerk-Treasurer.  This budget should include expected operational costs for both Fire and EMS, planned maintenance costs for vehicles and equipment for both Fire and EMS, and planned vehicle and equipment purchases for both Fire and EMS.   Operational costs should include such items as personnel wages and benefits.  Maintenance costs should include such items as oil changes, tire purchases, and so forth.   A Planned equipment purchases budget speaks for itself

• Fire Pay for 11/10/2019-11/23/2019 = $3,355.11
• The Village received a $450.00 rebate check for our Phase 4 project from Efficiency Smart
• The BWC invoice came today.  It is $20,918 and will be split by department
• Please review and sign the check register on the table
• November Financial and Year to Date Report
• Contact list update-prepared by Joyce Cunningham

 

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.

 

 _______________________________________________________________________________

_______________________________________________________________________________

None pending

Welty Cemetery Proposal from Welty Cemetery Board: Council has met w/Welty Reps; a Council of the Whole was held on 09/03 to discuss the proposal; Council has requested an outline of how the Cemetery would be operated by the Village if the proposal is accepted (Councilman Hawk and Mayor Schwab will provide a draft of an outline)

 

OLD or NEW BUSINESS: (Council Rules dictate a one meeting review period for expenditures, unless deemed an emergency)            

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to approve the Fire pay of $ 3,355.11 from the Fire Fund.  The vote: All yes.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to create legislation to amend Zoning Code per the Planning Commission recommendation for walls and retaining walls.  The vote: All yes.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to schedule a Public Hearing for January 20, 2020 at 6:45 pm for public comment on the zoning

amendment for walls & retaining walls.  The Vote: All yes.

 

None

 

None

 

Mayor Schwab advised that he would be absent at the 12/16/19 Council meeting.

 

COUNCIL MEMBER HILLIARD 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