April 15, 2019 - Meeting Minutes

APRIL 15, 2019
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 April 1, 2019 Council meeting minutes.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to amend the minutes and change the date of the Utility Committee meeting from May 15 to April 15.  The vote: All yes
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to accept the minutes as amended above.  The vote: All yes
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to accept the bills in the amount of $ 37,340.25.  The vote: All yes.
Fire Chief Colucy and Ray Heitger were in attendance.
CONSIDERATION OF ORDINANCES:  Titles of each read by Solicitor John Anthony
ORDINANCE 35-2019:  An Ordinance Adopting an Employee Policy 6.18 Political Activity was given third reading.  VA Miller explained that this provides the same restrictions that cities and counties have as provided by the Ohio Revised Code.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to pass the legislation as read. 
Second Reading: An Ordinance Authorizing the Submittal of a Petition to the County Commissioners to Annex Parcel #10010433 (the Solar Field parcel).
Second Reading: An Ordinance Authorizing a Stark County and Brewster Sanitary Sewer Agreement to Accept and Treat Sanitary Sewage from Justus Avenue and Keller Avenue area. 
First Reading: An Ordinance Authorizing the Amendment of Chapter 93 with the Addition of 93.255 Duty to Install Sidewalks.
First Reading:  An Ordinance Authorizing the Amendment of Zoning Code 153.139 Maximum Building Height in a B-1 Business Zoning District to the Village Zoning Code.
Fire Department: Chief Colucy
1.       EMS revenue from ambulance runs in March is $14,804.99.
  1. There are 208 fire/ambulance calls through March.  There were 98 in Brewster, 42 in Sugar Creek Township, 55 in Tuscarawas Township, and 13 miscellaneous calls. 
  2. New tires have been installed on Pumper/Rescue #158 and Pumper #151 at just under $3,000 each vehicle.
  3. Chief Colucy provided a copy of a draft letter to be distributed to the residents providing information on the income tax issue.  Councilman Hilliard stated he agreed with most of it.
  4. The MARC’s radios will have to have a patch put in the program and then reprogrammed.  The MARC’s system will absorb that cost.
  5. Adding additional part time paramedic hours was discussed if the income tax passes.
Police Department: Chief Keith Creter(excused)
  1. Chief Creter was off today but will be back in the office tomorrow.
  2. Councilman Hilliard received a call concerning a barking dog at 853 Harriman Ave.
  3. Councilman Godwin received a complaint of a trailer full of junk sitting on Walhondling.
  4. Councilman Hilliard stated the train was extremely loud at 6am this morning.  Based on his experience with another railroad, Chief Colucy stated there is little that can be done about it.  It is a switch engine that requires a lot of power to move the rail cars in the yard.
  5. Councilman Hawk asked if the police could make a presence around the local churches around the times of their services on Saturdays, Sundays, and Wednesdays.
  6. Councilman Fox stated there has been a blue and white truck that appears to be in disrepair sitting on Huron for the last three days.
  1. Solicitor Anthony had received an email asking if it a co-operative purchasing membership in US Communities for the purchase of exercise equipment for the park was proper.  He reviewed the Ohio Revised Code (ORC) and stated Section 9.48B allows political subdivisions to participate if the organization is in compliance with competitive bidding.
  2. Solicitor Anthony reviewed donations by public entities to ensure that the Village is in compliance with the ORC.  The donation has to serve a public purpose.  It has to be supportive of the general public.  Solicitor Anthony stated that Council has a great bit of discretion.  Councilman Godwin provided a draft of a donation policy that he would like to put in place because he feels that the donations show no rhyme or reason why we give any particular amounts to organizations. 
1.    A copy of the Ohio Municipal League March/April issue of “Cities & Villages” emailed to Council by the Mayor.  Councilman Godwin recommended all of Council to sign up for the OML weekly updates to keep up-to-date with what is going on in Columbus.
Administrator’s report for period 4/2/2019 thru 4/15/2019:
  • NatureWorks Grant – Bimeler Park Exercise Area. I have obtained two (2) layouts for the NatureWorks Exercise Area from DWA, who helped lay out the exercise area for the grant application, that I believe fall within the budget set by Council.
The equipment can be purchased through US Communities/Omnia Partners Cooperative Purchasing Program, which is a nationwide cooperative purchasing program. Membership to the cooperative is free – there is no annual fee, no minimum purchase requirements.  Ohio Revised Code permits the use of cooperative agreements per section 9.48. It is referred to in the NatureWorks Grant Award, and it will help speed up the purchasing portion of the process. I have asked John Anthony for a “formal” opinion as to whether we can participate in US Communities/Omnia Partners Cooperative Purchasing Program. He indicates that it is a viable option.
I am therefore requesting that Council pass a resolution authorizing joining the US Communities/Omnia Partners Cooperative Purchasing Program.
I have previously forwarded the attachments for the Bimeler Park Exercise Area Project.
Option 1 costs more ($31,624.27), with the same number of pieces of equipment. The higher cost is because the whole surface is the poured in place “safety” surface. Option 2, which the Mayor and I think is the best way to go, is less expensive ($29,124.27), but still with four (4) pieces of equipment. That is because the surface under the chest press and lat press (dark grey in the drawing) is concrete, which is less expensive. Both those pieces are also handicapped accessible pieces. It is possible (I won’t know for sure until we get farther into it) that at $29,124.27 we might be able to get an additional piece of exercise equipment in. DEPENDS on how much work the Village has to do in addition to what DWA has quoted. For example, the Village would be responsible with Option 2 to install the concrete surface(s).
Both options can be tweaked. I would place the cardio walker facing the playground area so parents can exercise while watching their kids play. I have asked Councilman Godwin to have a Building, Parks, and Grounds Meeting to review them.
  • OPWC Grant – East Main Street Paving & Rehabilitation Project. I have negotiated an agreement with Thrasher Engineering in the estimated amount of $3,900 to complete bid plans and bid specifications, as well as make recommendation for the East Main Paving and Rehabilitation Project. This is slightly higher than the amount budgeted, but based on 7th Street Paving and Rehabilitation, I believe this is a fair cost. It also provides the Village with direct experience with three (3) engineering firms – EA Engineering, OHM Engineering, and Thrasher Engineering, so that we don’t rely too heavily on a single engineering firm. 
As Council is aware, the Village received official notification that it has received a $51,964 grant (full request) for the East Main Paving and Rehabilitation Project from OPWC Small Governments. However, the Grant Agreement (and funds) will not be released until after July 1st, 2019. The objective is still to advertise as soon as possible once the Grant Agreement is received.
I plan to proceed with Thrasher unless Council objects.
  • Efficiency Smart – LED Light Bulbs. 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.
Ø  Electric – South Water Tower Lane. LED lighting has been installed on the lane leading to the South Water Tower and the Solar Field. It is a smaller light than we have been using on the roads (i.e. Wabash or 7th Street), and as a result uses even less power than those LEDs.
  • Modem Upgrades – Electric Meters. The Village has to upgrade four (4) existing cellular meters to new 4G modems. These modems are associated with the Village’s four smart meters currently in operation at South Sub 69kV Main, Brewster Dairy, W&LE, and Shearers.  The modems on these four meters are currently 3G, which is being phased out within the next year. With the assistance of GPD, the Village received a price of $1,585 per mode, or $6,340 for all four (4).
I plan to move forward with this process in the next few weeks.
  • 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:
Rate Study: In subsequent discussions with our consultant Courtney & Associates, they have indicated that the language they provided in the ordinance (Section 1) that states the rates shall be “applied to all electric bills rendered on or after July 1, 2019” was meant to have the changes be in effect/apply to the first bills that go out in July. Their cash flow projections are based on the rates going into effect that billing. So, for clarification the bills mailed out at the end of July representing service in June (August due date) will be the first bills that reflect the new rates. As a reminder, there are no rate increases, so residents still won’t see any increase due to the earlier implementation of the rate adjustments. However, with the adjustment to the PCA that part may go down.
Project Estimate: The project estimate (including engineering and construction oversight) has been reduced to $2,612,126.
Equipment Bidding: Complete. GPD is finalizing contracts.
                Construction Bidding Plan:
  • GPD finalizing for advertisement
  • Early June or after – open bids for construction for Substation Project
  • Late July or after – Council awards contract for construction for Substation Project
Financing Plan: Based on what GPD has provided, our plan is to wait to finalize the paperwork on the Line of Credit with AMP until July or August, at the time we need to make our first drawdown.
The costs for engineering have already been encumbered, so there is no need to borrow for that expense.
In addition, AMP has to draw down in $100,000 increments, so it doesn’t make sense to borrow $100,000 in May and pay interest on that amount, even though we only need $37,000. So, we plan to pay that cost out of our capital funds and reimburse the fund at a later date (if necessary).
If you have any questions I will be glad to answer them.
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.
  • Storm Sewer – Church. The Street Department began installing new catch basins on Church Street. This work was being done ahead of paving, to address a long-time drainage issue.
There has been discussion at Council about the fact that Church Street was paved not that long ago and hasn’t held up. Having opened up the street, what we are observing indicates why portions of the street deteriorate more rapidly - there is approximately 3 inches of asphalt cross section in the area we are working in, and so far that is over regular soil. There is no base. Despite this fact, only portions of Church Street are severely alligatored with mud coming up through the pavement. Most of Church Street has held up, most likely due to lighter traffic.
Our paving budget this year won’t support a full rebuild of Church prior to paving, similar to what was done on Tuscarawas between Chestnut and Harmon last year. We have OPWC Grants for 7th Street and East Main that require a large percentage of the paving budget as a match. So, at this time we intend to continue to observe the cross sections of Church as we progress south with drainage. But rather than a complete rebuild this year, we plan to do spot full depth repairs at the worst locations, observe those repairs and the rest of Church for the next nine months, and decide how to best proceed next year. At this time, we plan to remove Church from the 2019 paving list.
I expect to discuss this and answer any questions.
  • Employee Handbook Policy. We discussed recently during a committee meeting revising the Military Leave Policy in the 2008 Employee Handbook. Some changes we discussed was going from unpaid leave for the first thirty days each year to paying the difference, as well as eliminating use of sick leave as a way to be paid for Military Leave. I have previously distributed a copy of the revised policy.
I am requesting that Council create legislation to adopt 4.08 Military Leave and make it part of the codified ordinances in Chapter 38 EMPLOYEE REGULATIONS of our Codified Ordinances and add it to our Employee Handbook. 
  • Spring Clean-Up. Miller’s has given us a price to do this year’s annual Spring clean-up of $5,050.  The dates agreed to are Saturday May 18th on the north side and Monday May 20th on the south side. That weekend falls between Mother’s Day and Memorial Day Weekends.
Any items have to be at the curb by 8:00 am the day of clean-up, with the condition that no tires, mattresses, box springs, TV’s or building materials would be acceptable.
  • Tree City and Arbor Day. The Village of Brewster will be planting a tree in Bimeler Park near Field 4 on National Arbor Day, which is Friday April 26, 2019 at 10:00am
Councilman Hilliard stated there is a valve that needs fixed on Park Drive.
Councilman Fox asked for a review of when the electric rate change goes into effect.  The change goes into effect with the bill rendered in July which is for the power used mostly in June.
Councilman Hilliard asked more about the repairing of Church Street.  VA Miller stated they will just be cutting out the bad areas where mud is coming up through the pavement, digging it out so 6 to 8 inches can be refill with 301 gravel then repaving.
PROCLAMATION:  April 26, 2019 is Arbor Day in the Village of Brewster
REMINDER: Council Chambers is no longer available for use by organizations or the general public for security reasons.
1.            Update on Fire Fund Revenue/Expenses
  • April 15th - Village Clerk advises that the balance in the Fire Fund is at $ 47,586.57 with encumbered funds totaling $ 14,628.72 which leaves available funds at $ 32,957.85
  • 2018 on this date available funds = $ 48,414.62; 2017 on this date available funds = $ 100,055.87
  • There are also an additional $ 3000 in Bills on hold
  • Semi-annual S. C. Township contract payment of about $ 30,000 is expected in 4th week of April
  • The expenditure freeze initiated on March 4th has been lifted but future expenditures will be closely monitored by all as funds will be tight throughout 2019 and beyond.  Council has a copy of a Memo provided to Chief Colucy addressing the freeze and ongoing concerns
  • Note: New tires were installed today on 1993 Fire Pumper (151) & on 2007 Rescue Truck (158)
2.            Fire & EMS – Vehicle & Equipment Maintenance
  • Council has a copy of a Memo to Chief Colucy concerning the maintenance of Fire and EMS vehicles.  He has been asked to work with FD Officers and the FD Mechanic to provide inspection and maintenance documentation for each vehicle, a priority list of needed vehicle maintenance, and the updating of each on a regular and timely basis.  I have also asked that copies be submitted to Village Hall as completed
  • This is intended to provide formal documentation in a spreadsheet form that can initially prioritize maintenance expenses and then provide periodic updates to get all concerned on the same page.   Everyone hates surprises (Emergencies).   Councilman Hilliard asked the Chief if he has a safety checklist for the vehicles.  The Chief replied that they perform safety checks on a weekly basis
3.            Update: Welty Cemetery Proposal
  • The Welty Cemetery Review Committee will meet with members of the Welty Cemetery Board on April 17th.  Councilman Godwin asked what time the meeting was scheduled to start.  Councilman Hawk replied it started at 6:30p and that anyone was welcome to attend
4.            Consumers National Bank Update
  • Senior VP Derrick Williams stopped in to advise that the work on updating the building on Wabash S will continue with roof replacement, painting, and ATM installation taking priority
  • He also stated that the staffing of the Brewster Consumer’s Bank Branch is underway and that the Branch Manager has been hired and is an area resident
  • The target is for a mid-May opening of the Brewster Consumers’ National Bank Branch
  1. The Village Zoning Board of Appeals & the Village Planning Commission
  • Meetings at 7 pm and 7:30 pm respectively on April 18th
  • Z Board will review a front yard setback variance request on Seventh E. from Brewster Cheese
  • PC will continue with their Zoning Code update project with a review of Screening and Buffering regulations and other proposals on their Agenda
  1.             Project Update - Annexation of the Solar Field Property – Parcel #10010433
  • A draft copy of surveying documentation has been submitted for Village review by Buckeye Surveying in preparation for submitting a petition of annexation to the County Commissioners 
  • Council had a Second Reading on annexation legislation this evening
7.            Village Community Development Block Grant (CDBG) Eligibility
  • VA and Mayor will meet with representatives of Stark County Regional Planning this week to review the Community Development Block Grant Program (CDBG) and the HOME Investment Partnership Program (HOME) that directly benefit low- to moderate-income families throughout Stark County.  New Program guidelines initiated by HUD on April 1st should make Brewster more eligible for one or both programs
Fire Pay for 03/17/19-03/30/19 = $ 3,426.65.
I am still spending a great deal of time working on the new payroll system.  A couple of departments have gone live and we will be submitting their pay information electronically tomorrow.  Our Paychex sales person has been contacted to look into a quick way for the fire department to clock in.  She is recommending a kiosk, but the department doesn’t think that will work.  We have a meeting tomorrow at 10am with our designated time and attendance programmer and trainer.  Then next Monday, a representative from Paychex will be in to review how everything is going. 
I met with representatives from Consumer’s National Bank.  I will be bringing a resolution to Council in the near future in order to set up an account.
I have been in contact with Massillon Cable TV (MCTV).  Seifert Tech is suggesting the Village set up static IP addresses.  If we choose to go this route, it will be $10/month per location.  We currently have 8 different locations.
Chief Colucy has asked that I look into switching our phones from Frontier to MCTV.  The department has two phone lines and a fax line. Frontier charged $391.78 and MCTV would charge $122.42.  That would be a savings of approximately $269.36/month or $ 3,232.32/year.
I have a meeting with our regional representative from Huntington on Thursday to discuss our accounts and ways they can save us money on fees.
The check register from the last meeting and this meeting are available for Council’s review and initials. 
The Village will receive an additional $ 54,000 per year from the new state gas tax starting in July 2019.
I will be attending an OAPT Hot Topic on banking relationships and cybersecurity next week.
Councilman Hilliard asked more about the kiosk for the Fire Department to record their time.
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. Tonight: Council of the Whole Committee Meeting to discuss possible modification to compensation for the 2020-24 term for the Village Clerk-Treasurer position
  2. Tonight: Utility Committee Meeting to discuss proposed agreement with Stark County      the possible extension of Village sewer services to Justus area
April 18th at 7 pm – Zoning Board of Appeals Meeting to consider a zoning variance
April 18th at 7:30 pm – Planning Commission Meeting to review the Village zoning code
April 20th – Recreation Board - Annual Easter Egg Hunt at Noon in Bimeler Park
Fairless Student Council Mothers’ Day 5K Race – May 11th at 8:30 am in cooperation w/Brewster PD
EXPENDITURE REQUESTS from past Meetings:
  1. Fire: Donation request form submitted on April 1st for $ 2500 to offset cost of Fire Festival Fireworks  
  1. Council Committee (11/05): Proposed Trash Aggregation Program; VA provided a revised Draft for review on January 22, 2019.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to create a resolution authorizing the Village to join the US Communities/Omnia Partners Cooperative Purchasing Program.  The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to create legislation to adopt 4.08 Military Leave and make it part of the codified ordinances in Chapter 38 EMPLOYEE REGULATIONS of our Codified Ordinances and add it to our Employee Handbook.  The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to pay the Fire Pay of $ 3,426.65 out of The Fire Equipment Fund.  The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to donate $2,500 to the Firemen’s Association for fireworks at this year’s festival from the Recreation Fund.  The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to amend the pending legislation to modify pay increase in the Clerk-Treasurer’s compensation for the position’s 2020 – 2024 term of 8% year one, 3% year two, 2% year three, and 2% year four.  The vote: All yes.
VA Miller announced that he will not be at the May 6th Council meeting because he will be at his daughter’s graduation for her PHD in English Literature. 
VILLAGE SPEAKS: Communications Received by Council members from Village residents
No one wished to speak.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to adjourn the meeting at 8:28 PM. The vote: All yes.
Respectfully submitted,
Kris King, Clerk-Treasurer
Mike Schwab, Mayor