January 22, 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 7, 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 FOX MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to accept the bills in the amount of $ 477,056.02.  The vote: All yes.

 

Ray Heitger, Fire Chief Colucy, and Anna Crawford of the Independent Newspaper were also in attendance.

ORDINANCE 09-2019:  An Ordinance Authorizing the Addition of Village Credit Card Policy to the Employee Handbook was given three reading.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to approve the legislation as read.  The vote: All yes.

 

ORDINANCE 10-2019: An Ordinance Authorizing the Addition of Employee Work Rules Policy was given third reading.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HAWK and motion carried to approve the legislation as read.  The vote: All yes.

 

ORDINANCE 11-2019: An Ordinance Authorizing the Addition of Employee Work Rule – Gross Misconduct Policy was given third reading.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to approve the legislation as read.  The vote: All yes.

 

ORDINANCE 12-2019: An Ordinance Authorizing the Addition of Employee Work Rule – Serious or Gross Misconduct was given third reading.

COUNCIL MEMBER HAWK MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to approve the legislation as read.  The vote: All yes.

 

ORDINANCE 13-2019:  An Ordinance Authorizing the Addition of Employee Work Rule – Serious Misconduct Policy was given third reading.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to approve the legislation as read.  The vote: All yes.

 

ORDINANCE 14-2019:  An OrdinanceAuthorizing Additional Compensation for Fire/Ambulance Calls between 11 pm & 6 am was given third reading.

 

COUNCIL MEMBER HAWK MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to approve the legislation as read.  The vote: All yes.

 

ORDINANCE 15-2019: An Ordinance Authorizing a Fire & Ambulance Contract for Sugarcreek Township was given second reading.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to amend the ordinance to provide that it is a 2-year agreement with an estimated amount of $77,080 per year.  The vote:  All yes.

 

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

 

Councilman Hilliard asked if the amount would go down as time passes and the Mayor stated that he was advised the depreciation on the gas lines was about 3% per year so yes, it will decrease over time. 

 

Councilman Godwin asked where the 55.9% for Brewster came from and if this was the percentage of calls that Brewster covers.  Chief Colucy stated this was figured out by the Fire Chiefs involved years ago and refers to the percentage of the property in the township covered by each of the three fire departments not the number of calls.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to approve the legislation as amended.  The vote: All yes.

 

ORDINANCE 16-2019: An Ordinance Authorizing the Modification of the ODNR Natureworks Project was given second reading.

 

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.

 

VA Miller stated we needed to move on this quickly, so no other Ohio municipality can claim our award money due to Village inaction.  Councilman Hilliard asked the VA to review the figures.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to approve the legislation as presented.  The vote: All yes.

 

Intro by Mayor: First Reading - Authorize the Modification of the Village Electric Utility Rates

 

Intro by Mayor: First Reading – Authorize the Awarding of Contracts for Major Equipment for the

Southside Substation Upgrade Project (Bid Openings for 8 Items slated for 02/14/2019)

 

Intro by Mayor: First Reading – Authorize Village Officials as BX Federal Credit Union Signatories

 

Intro by Mayor: First Reading – Authorize the Execution of AMP Hydro Project Certificates by VA

 

Intro by Mayor: First Reading – Authorize the Execution of AMP Fremont Energy Project Certificates by Mayor.

 

RESOLUTION 17-2019: A Resolution of Appreciation for George Radich upon his retirement was given first reading.

 

COUNCIL MEMBER HAWK MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to pass the resolution as presented.  The vote: All yes.  Council signed two copies, one for Village records and one for George Radich.

 

Fire Department: Chief Colucy

Scott and Ellen Borojevich were approved to attend a Paramedic refresher course in Wooster Township at a cost of $200 each.

 

There have been 37 calls in 2019 to date.

 

The Chief reminded Council of his 01/07/19 request that Firefighter Jay Bucher to be sent to Firefighter I Training at a cost of $2,125.

 

The MARC’s radio system will go live on Monday, January 28^th at noon but Brewster Fire Department has not yet received their allotted MARC’s radios.

Nothing to report.

 

Status of side lot application by a Brewster business under the Stark County Reutilization Corporation (Land Bank).  The property must be truly tax delinquent and truly abandoned.  The lot in question is not abandoned so it does not qualify.  Solicitor Anthony discussed the acquisition of property through a foreclosure procedure called interested purchaser through the Stark County Auditor.

 

Pending Litigation:

• Jefferson/OPEC HC Litigation: Both sides are asking to be judged in favor of
• AMP Hydro Phase I Case in West Virginia in courts: Briefs are being prepared for an appeal

 

RCAP Free Training Webinar Series for municipal leaders concerning Water and Wastewater Utilities.

VILLAGE ADMINISTRATOR: Mike Miller

Administrator’s report for period 1/8/2019 thru 1/22/2019:

 

• 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 February agenda at the earliest.

 

     Equipment Bidding Plan:

 

• Advertising complete. Bid opening moved to February 14^th for equipment for Substation Project
• April 1^st – 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 April 1st 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:

• January 14^th – Presentation of Rate Study to Council by Courtney and Associates
• January 17^th - First Reading Electric Rate Ordinance
• February 4^th – Second Reading Electric Rate Ordinance
• February 19th - Third Reading Electric Rate Ordinance
• Early as possible – move to new PCA calculation
• June or July 1^st – new rate structure for 2019 into effect

 

• ODNR NatureWorks Grant. As I previously informed Council, the Village was awarded round 25 NatureWorks grant from the Ohio Department of Natural Resources (ODNR).
  

The Village requested a grant of $36,979 but was awarded a grant of $19,602 - $17,377 less than its request. I have contacted ODNR, and since the award was for less than the amount requested, the Village can proceed with the project at a reduced cost based on the difference between the request and award. That will result in a few less pieces of equipment in the completed project. However, the Village will keep its amount of cash contribution to the project the same. With a few less pieces of equipment, the Village’s labor in-kind contribution might be reduced somewhat, but our overall percentage will still be in compliance with grant requirements. 

Our new total project cost estimate would be approximately $31,929, which is $17,377 less than our original project estimated cost of $49,306, representing the difference between the grant request and award.

• Utility Billing – Meter Readers. This month we had an issue with the battery for one of our three (3) meter readers. Unfortunately, due to age, there is no sources to buy batteries or other parts for our meter readers. We had an estimated price of getting readers that would work with our system at between $3,000 and $4,000.

 

Fortunately for us, Utility Billing Clerk Tammy Fox remembered that Doylestown had meter readers that were the same as ours from an earlier visit, when she, Dorothy Holland, Joyce Cunningham, and Kris King went to Doylestown to review their operations. That visit also resulted in the subsequent installation our new cash register as well as some other changes. (I watched the Utility Office, so they could go as a group).

 

Doylestown recently replaced their meter readers, which is a radio reader, at a cost of approximately $9,000 each. They also had to replace meter heads. We decided to call to see if they still had their old meter readers, and if we could purchase them. They did still have them, and we worked out an agreement to purchase all three (3) of their old meter readers for $300. (When batteries were available, they were $150 each.)

 

The benefits to buying Doylestown’s three (3) meter readers is that:

 

• we avoided having to spend $9,000 to $12,000 now to replace our meter readers, and
• we have spares to last into the foreseeable future, and
• since we are exploring methods that could eliminate hand held meter readers, we may not have to spend between $3,000 and $4,000 each to replace our meter readers in the future.

 

• Department Goals. We are in the process of determining where we stand on the goals that were established for 2018, what additional tasks/projects were completed, and what goals to set for 2019. We should have those to Council shortly.

• Employee Handbook Policy - Nepotism. During the recent process of selecting a successor to George Radich as Electric Superintendent, some questions were raised regarding what relationships qualified as a “conflict of interest” or was “illegal” pursuant to the law. The premise of an employee not being able to hire OR INFLUENCE THE HIRE is commonly referred to as “nepotism”. There are a number of publications regarding the prohibition in State Law on nepotism, but rather than assembling all those together and distributing those, or just relying on state law, I have drafted the attached policy for Council to review, and potentially adopt.

 

One of the things that may not be as generally known is that the laws against nepotism do not stop at the hiring process but extend to subsequent employment including supervision of an employee by a specifically identified relative. That is included in the policy.

 

A difference between the minimum requirements (prohibitions) of state law and the drafted policy is individuals who are the identified relatives that would be covered by Brewster’s policy. The list of identified relatives has been expanded, essentially matching who an employee can use sick leave for. The reasoning is that if an individual is close enough to provide paid time off to care for, they are too close to be allowed to be involved in hiring and/or supervision. An example of the difference in the minimum State Law requirements versus the draft is this: State Law prohibits an employee influencing the hiring of their son or daughter but doesn’t prohibit influencing the hiring of their daughter-in-law or son-in-law. But common sense tells us that:

 

• Influencing the hire of an employee’s daughter-in-law or son-in-law will benefit the son or daughter just as much as directly hiring the son or daughter
• To the general public, hiring a daughter-in-law or son-in-law has the same appearance of “nepotism” as hiring the son or daughter.

 

Now, with all that said, one thing should be clear – the law does not prohibit or automatically exclude the hiring (or promotion) of a relative by the same entity, in this case the entity being the Village of Brewster, provided that the relative(s) are not involved in ANY manner in the hiring process (i.e. recommendation, interviewing, etc.) and are not subsequently involved in the supervision (has to be delegated to another employee).

• Employee Handbook Policy – 1.07 Scope of Coverage and Parameters and 1.08 Implementation. These two (2) policies were previously provided to Council and help tie together the opening Chapter of the Employee Handbook.

 

• Employee Handbook Policy – 7.07 Village Telephones. This policy was previously provided to Council and represents one (1) of seven (7) that still remain to be redrafted from the September 2008 Employee Handbook.

 

 

• Employee Handbook – Remaining Provisions from September 2008 Employee Handbook. The remaining Employee Handbook provisions that still need to be revised and adopted by Council are:

 

• 3.3 Employment Reference Checks 
• 2.07 Background Checks
• 4.1 Benefits Overview                          
• 5.00 Benefits Overview
• 4.6 Military                                                
• 4.08 Military Leave
• 5.3 Employment Terminations          
• 8.11 Employee Termination
• 9.05 Resignation
• 6.5 Computer, Internet, & E-mail Use
• 6.11 Internet, E-mail, and Computer Services
• 6.6 Workplace Monitoring                  
• 6.14 Workplace Monitoring and Searches

 

In addition, there are some other policies that I will recommend adding as well.

 

• MRF Funds – Elton West. As I previously informed Council, the Village was awarded MRF funds that were not spent for Elton west of Route 93 to the Village limits, in the amounts of:

 

          2012           $   9,321

          2013           $ 31,000

          2014           $ 25,000

 

I made a request that these funds be carried-over to 2019, which has been approved. Together with the 2018 MRF allocation of $17,500 that previously was authorized to be carried over, the Village now has $82,821 to pave Elton west of Route 93 to the Village limits in 2019.

 

I have already reached out to the County Engineer about using the same specifications that were used for Elton east of Route 93. I would like to bid this project out soon, so that it can be completed early in the 2019 paving season. 

 

• 2019 MRF Application. Now that it has been confirmed that Elton west of Route 93 to the Village limits has a “full” allocation of MRF funds to complete paving in 2019, the only other road in Brewster that is eligible for MRF funds within the Village limits is 7^th Street. The Village has received an OPWC Small Government Grant for 7rth Street to complete it being repaved this year.

 

Therefore, I am renewing my recommendation that the Village submit an MRF application for 2019 to enhance the Village’s existing 7^th Street Project by adding curb & gutter to 7^th Street between Amherst and Park Drive.

 

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

 

Subsequent to the Village applying (and receiving) OPWC funding for the project, the Village applied for and received a Community Planning Transportation Grant through the Stark County Regional Planning Commission to complete a Safe Routes to Schools Study. That study identified various infrastructure goals to implement the SRTS Plan, which include among other items adding curb and gutter (850 lineal feet) and handicap ramps on the north side of 7^th Street between Park Drive and Amherst so that school children could safely walk or bike to school.

 

So, rather than come back after the 7th Street Improvement and Paving Project is complete and adding curb and gutter and handicap ramps after the fact, the Village would like to make application for $36,975. That amount would cover the cost for the 850 of curb and gutter identified in the SRTS Plan. It would be at a lower than constructing them independently, avoiding an increased cost and avoiding affecting newly constructed improvements. The Village will find funding internally for the required handicap ramps. The Village has already purchased a Rapid Flashing Beacon crosswalk signals and signage, identified by the SRTS Plan for the crosswalk at Amherst that traverses 7^th Street.

• Rate Studies – Wastewater and Water. We were very satisfied with the recent electric rate study performed by Courtney and Associates. 

 

As Council is aware, we have been awaiting RCAP to complete a Wastewater Rate Study for some time. In addition, we asked for RCAP to update our Water Rate Study implemented at the end of 2016.  

 

Based on the product we received from Courtney and Associates, the Mayor and I had a discussion and agreed to seek a cost proposal to perform rate studies for Wastewater and Water. The proposals have been provided to Council.

 

I spoke with Courtney and Associates, and it was determined that it isn’t necessary to do the Cost of Service Studies for Wastewater and Water in addition to the rate studies. That would bring the cost not to exceed for each to down to $5,000 each, or $10,000 total.

 

Doing both the Wastewater and Water Studies at the same time gives the Village a savings of 20%, bringing the combined total from a not to exceed proposal of $10,000 down to a not to exceed proposal of $8,000 - $4,000 each.

 

Unless Council objects or indicates it wishes to discuss these further at tomorrow night’s Council meeting, I plan to proceed with the proposals from Courtney and Associates to complete Wastewater and Water Studies for the Village.

Councilman Hilliard had some questions concerning the rate studies for the Water and Wastewater Funds.  He asked if future projects were considered.  VA Miller stated the engineering firm would look at future projects as well as changes of our procedures and different costs associated with these changes.

 

• Residential Solid Waste. I have provided a revised draft of the residential solid waste legislation, with proposed changes in red.

• Fire Chief submitted a request for Firefighter 1 Training for VFD Firefighter Jay Bucher at the Wayne County Regional Training Facility from 02/04 thru 06/08 at a cost of $ 2125
• The Village has funded one VFD member’s Firefighter 1 training to date
• Mayor emailed State Fire Marshall for his input (Council copy of emails)
• State Fire Marshall advised that Firefighter 1 is not currently required by the State, but in his opinion the Village should make every effort to have our members work to obtain the Firefighter I training, which is the lowest level of firefighter training that is recognized nationally.  The ORC required 36-hour firefighter certification is only recognized in Ohio and does not meet any national standards. 
• The State Fire Marshall stated that there are two reimbursement grant programs for Firefighter 1 Training through his Office
• The first is a Firefighter I Training grant which is for use by locally chartered (such as BX VFD) training program.  The Grant will pay for most (if not all) of the FFI or FFI transition class through the training institution. Most VFDs are familiar with this SFM grant program.  There is normally $500,000 available starting July 1 each year, and it is available until it is used up in the State budget year.
• The second opportunity is the SFM fire training reimbursement grant program.  At the end of each year, small community fire chiefs submit for reimbursement for a number of approved fire training courses their members may have taken during the year.  The application period is typically January into February and covers the prior year.  All certified fire training is covered, and we typically pay all, if not the vast majority of these approved courses. State typically only denies payment for this grant if a department is not compliant with fire incident reporting or their Volunteer Firefighter Dependent Fund payments.  BX FD Chief has received this grant in past years and will apply for 2018 training reimbursement

2.            Council Committee assignments for 2019.  Mayor provided a handout.  

 

3.            Brewster Snow Removal Guidelines.  Mayor provided a handout.

• Thank all Village employees that plowed snow this past week and weekend

4.            2018 Village General Operations & Utility Finance Review – State of the Village #1

• Handouts and on BrewsterOhio.com website:

                1. General Fund & Village Income Tax Transfers Review

                2. Utility Funds

 

5.            Request a Personnel, Council Rules, & Insurance Committee Meeting in near future

 

Councilman Fox is worried about the roads with the weather that is forecasted for tomorrow.  Mayor Schwab stated the road crew is going to make sure all the storm sewer covers are clear, so the water can run off.

Councilman Hilliard also discussed employee bonuses.

 

VILLAGE CLERK-TREASURER: Kris King
Records Commission meeting request for March 4, 2019 at 6:45 pm

 

Resolution for signatories is required to open an account at the Brewster Federal Credit Union. 

 

Fire Pay for 01/06/19-01/19/19 = $3,043.51

 

Deadline for the submittal of the income tax issue is February 6^th at 4:00 pm.  I plan to take the paperwork up later this week.  The Board of Elections provided a general checklist to follow.

 

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

 

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

EXPENDITURE REQUESTS from past Meetings:

Fire Chief: Firefighter 1 Training for VFD member Jay Bucher at Wayne County Regional Training

Facility = $ 2125.00; possible reimbursement from a State Fire Marshall grant programs.

 

LifePak 15 purchased for the 2nd ambulance; a 4-year service agreement = $ 1499.40 per year =

$ 5997.60; after 01/31/19 the service agreement = $ 1746.00 per year = $ 7056.00.

 

COUNCIL MEMBER HILLIARD MOVED SECONDED BY COUNCIL MEMBER GODWIN and motion carried to purchase a 4-year service agreement at a cost of $1,499.40 per year for a total cost of $5,997.60.  This will go into effect after the one-year warranty expires.  The vote: All yes.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to approve Jay Bucher to attend Firefighter I Training at a cost of $2,125 with the possible reimbursement grant from the State Fire Marshall.  The vote: All yes.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCiL MEMBER GODWIN and motion carried to approve the Fire Pay of $3,043.51 from the Fire Equipment Fund.  The vote: All yes.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to draw up legislation adopting 6.19 Nepotism Policy and make it part of the codified ordinances in Chapter 38 EMPLOYEE REGULATIONS of our Codified Ordinances and add it to our Employee Handbook on a non-emergency basis.   The vote: All yes.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to draw up legislation adopting 1.07 Scope of Coverage and Parameters and 1.08 Implementation and make them part of the codified ordinances in Chapter 38 EMPLOYEE REGULATIONS of our Codified Ordinances and add them to our Employee Handbook on a non-emergency basis.  The vote: All yes.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to draw up legislation adopting 7.07 Village Telephones and make it part of the codified ordinances in Chapter 38 EMPLOYEE REGULATIONS of our Codified Ordinances and add it to our Employee Handbook on a non-emergency basis.  The vote: All yes.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to draw up legislation adopting 1.07 Scope of Coverage and Parameters and 1.08 Implementation and make them part of the codified ordinances in Chapter 38 EMPLOYEE REGULATIONS of our Codified Ordinances and add them to our Employee Handbook on a non-emergency basis.  The vote: All yes.

 

COUNCIL MEMBER HESS MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to schedule a Personnel, Council Rules, and Insurance Committee meeting on February 4^th at 6:00pm.  The vote: All yes.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion passed to give VA Miller permission to apply for a County Municipal Road Fund Grant for the installation of some curbing on E. 7^th Street as a part of the 2019 7^th Street Paving Project and in preparation for the proposed Safe Routes to School.  The vote: All yes.

 

Councilman Hilliard asked if West Elton was resurfaced just a couple of years ago.  VA Miller stated it was patched and chipped and sealed.  It was just a Band-Aid.  He stated it needs to be ground down 1 ½ inches to 3 inches.  He may let the County run the project.  The project is being paired with the County project in order to get a better price.  Councilman Fox discussed paving the berm.

 

Councilman Hilliard asked what the Village was doing in order to protect the new equipment being placed in the park.  What is stopping people from misusing the equipment and getting hurt.  VA Miller stated the equipment is sturdy and there will be cameras.  There will also be signs giving directions for the proper use of the equipment.

 

VILLAGE SPEAKS: Communications Received by Council members from Village residents

Nothing

 

Ray Heitger, 317 East 7^th Street, asked if the 7^th Street Improvement and Paving Project will be completed before the Brewster Cheese Project is completed.  He stated there are heavy trucks going back and forth on a regular basis and is concerned it will be destroyed right away.  VA Miller stated he is trying to time it, so it is not affected by the Brewster Cheese Expansion, the County culvert project, the drainage ditch on Jefferson project, and the Corp of Engineers gate project.

 

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