January 7, 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 Councilman Godwin from this evening’s meeting.  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

Dale Fox, 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 December 17, 2018 Council meeting minutes. 

 

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

 

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to accept the bills in the amount of $ 68,042.78.  The vote: All yes.

 

Ray Heitger, Police Chief Creter, and Anna Crawford of the Independent Newspaper was also in attendance.

Mayor Schwab opened nominations for the position: Council Member Hilliard nominated Council Member Fox.  Council Member Fox thanked Council Member Hilliard but declined the nomination.  Council Member Fox nominated Council Member Hawk. Council Member Hawk accepted the nomination. Mayor Schwab closed nominations. Voice vote: All yes.

 

Mayor Schwab provided Council copies of the 2018 Council Rules on December 17, 2018 for review.  COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER RADICH to adopt the 2018 Council Rules as the 2019 Council Rules.  The vote: All yes.

 

RESOLUTION 01-2019:  A Resolution of Appreciation to LaVonne and Ray Heitger for their work in the Brewster Community was given first reading.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to approve the legislation as presented.  The vote: All yes.  Councilman Hilliard told Mr. Heitger how much he appreciated the work of the Recreation Board.

ORDINANCE 02-2019:  An Ordinance Authorizing the Execution of a Loan Agreement with American Municipal Power, Inc. for a Substation Upgrade and Expansion Project was given third reading.  Councilman Hilliard asked if this could be approved without taking the loan.  The Mayor and VA stated the passing of this legislation will not obligate the Village to acquire the loan.

 

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

 

Second Reading: An Ordinance Authorizing the Addition of Village Credit Card Policy to the Employee Handbook.

 

Second Reading: An Ordinance Authorizing the Addition of Employee Work Rules Policy.

 

Second Reading: An Ordinance Authorizing the Addition of Employee Work Rule – Gross Misconduct Policy.

 

Second Reading: An Ordinance Authorizing the Addition of Employee Work Rule – Serious or Gross Misconduct.

 

Second Reading: An Ordinance Authorizing the Addition of Employee Work Rule – Serious Misconduct Policy.

 

Second Reading: An Ordinance Authorizing Additional Compensation for Fire/Ambulance Calls between 11 pm & 6 am.

 

ORDINANCE 03-2019: An Ordinance Authorizing a 2019 Contract w/City of Massillon for Prisoner Transport and Declaring an Emergency was given third reading.

 

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

 

Intro by Mayor - First Reading: Authorize a Fire & Ambulance Contract for Sugar Creek Township

 

Intro by Mayor - First Reading: Authorize Modification of the ODNR Natureworks Project

 

ORDINANCE 04-2019: An Ordinance Authorizing the Addition of Employee Direct Deposit Policy and Declaring an Emergency was introduced by the Mayor and given First Reading.

 

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

 

An Ordinance Authorizing a Fire & Ambulance Contract for Tuscarawas Township. (Tuscarawas Township Trustees have submitted a contract to expand the Brewster FD coverage area & the current compensation from $47,926/year to $ 69,907.50/year for 3 years).

 

COUNCIL MEMBER FOX, SECONDED BY COUNCIL MEMBER HESS and motion carried to un-table the ordinance.  The vote: All yes.  Councilman Hilliard asked if the department can take on this additional area.  Mayor Schwab had spoken to Fire Chief Colucy and the chief stated he has the manpower.

 

ORDINANCE 05-2018:An Ordinance Authorizing a Fire & Ambulance Contract for Tuscarawas Township was reread.

 

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

 

• Amend Village Zoning Code Chapter 153.120 R-5 Mobile Home Park Residential District  
• Amend Village Zoning Code Chapter 153.250 Modular Homes, Manufactured Homes, Mobile Homes
• Amend Village Zoning Code Chapter 153.019O Accessory Buildings - Carports
• Amend Village Zoning Code Chapter 153.002 Definitions - Foundations

 

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to un-table the four tabled ordinances listed above.  The vote: All yes.

 

ORDINANCE 06-2019: An Ordinance Amending Village Zoning Code Chapter 153.120 R-5 Mobile Home Park Residential District was given third reading again.

 

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

 

ORDINANCE 07-2019: An Ordinance Amending Village Zoning Code Chapter 153.250 Modular Homes, Manufactured Homes, Mobile Homes was given third reading again.

 

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

 

An Ordinance Amending Village Zoning Code Chapter 153.019O Accessory Buildings – Carports was given third reading again.

 

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER HAWK to approve the legislation as read.  The vote: Fox, yes; Hawk, yes; Hess, no; Hilliard, no, Radich, no.  Motion fails.

 

ORDINANCE 08-2019: An Ordinance Amending Village Zoning Code Chapter 153.002 Definitions – Foundations was given third reading again.

 

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

 

Police Department December/Annual Activity Report.  There were 866 calls for the month of December 2018.  The department averaged 6.8 calls per day which is down from 7.0 in 2017.

 

Chief Creter gave a brief description concerning the PD joining the Ohio Small Police Department Association (OSPDA).  The OSPDA was formed by Katherine Bobick to enable departments with 25 or less full-time Officers better opportunities to receive grants that are generally only given to the large departments.  The Chief stated that of the 876 Police Departments in Ohio, ¾ of the departments staffed with are 25 or less full-time Officers.

 

The Chief is requesting that Captain Taylor be recognized/compensated under Policy 3.16 for the vest grant he wrote & was awarded; the grant was through the Ohio Law Enforcement Body Armor Program; total cost was $ 17,735.84; Village paid $ 4,433.96 and the Vest Grant = $13,301.88.

 

Councilman Hilliard stated he appreciates what Captain Taylor has been able to accomplish and recommends a $500 bonus.  Councilman Hilliard also stated he called the department concerning a solicitor selling meat out of the back of his truck and the Officer handled it promptly.

 

Councilman Hess brought up a vehicle that had been hit on 5^th Street and pushed up over the curb and has been there since the holidays.  VA Miller told Council that the insurance company asked that the car not be moved until they were able to come and look at it.    They were out today and will be picked up shortly.

 

Fire Department: Chief Colucy

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; not an emergency as the quote is held until 01/31/19.

2018 Fire/EMS Calls: in Brewster Village = 381, in Sugar Creek Township = 183, and in Tuscarawas Township = 176.  With Mutual Aid and so forth Total Fire/EMS Calls in 2018 = 797. Six calls thus far this year.

 

Chief Colucy is requesting $2,125 to send Jay Bucher for his 120 Hour Fire Fighter Class.  It doesn’t need to be paid until Feb. 4^th.

 

OPEC-HC litigation update: Request an Executive Session to Consult w/Legal Counsel.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried togo into Executive Session to meet with Legal Counsel to discuss disputes involving the Village that are subject to pending court action.  The vote: All yes.  The Mayor, Council, and Solicitor exited the room at 7:39 pm.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to exit executive session at 7:52 pm.  No action was taken.

 

Stark County Land Reutilization Corporation Request for Review - side lot application.  The Brewster Federal Credit Union is looking at acquiring the side lot next to them.  The landbank acquires property that is tax delinquent, not being properly taken care of, and declared abandoned and gives it to someone who will.  The School and the Village would not receive the taxes due on the property.

 

No communications were reported.

VILLAGE ADMINISTRATOR: Mike Miller

Administrator’s report for period 12/18/2018 thru 1/7/2019:

 

• Electric Department – New Superintendent. On January 2, 2019 I appointed Ryan Swan as Electric Superintendent effective January 1, 2019 at 12:01 am, subject to the approval of the Mayor. The Mayor has approved his appointment as Electric Superintendent. Mr. Swan is subject to a six (6) month probationary period in accordance with Section 3.27 of the Brewster Employee Handbook. In the absence of the Electric Superintendent Swan, Michael Radich will be acting Electric Superintendent. I have forwarded a summary of the process and reasoning to Council previously.
  
• Mutual Aid. We had two (2) mutual aid events in November and December where Brewster Electric Department personnel responded to Beach City. One was November 4^th, 2018 and the other December 10^th, 2018. In accordance with the AMP mutual aid procedure in place, bills were sent to Beach City for both events.

 

• Leaf Pick-up. Even though leaf pick-up had been wrapped up, based on additional leaves that would have clogged storm sewers and/or been plowed back up in yards, the Village made one last pass for leaves on December 27^th.

• Street Sweeping. We rescheduled the street sweeping originally scheduled for November for the week following New Year’s Day.

 

• 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.

 

• 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:

 

• January 7^th - Second Reading Ordinance to get Line of Credit Financing through AMP. Based on bid opening we no longer need to pass this legislation on emergency. We are now looking at being on AMP’s February agenda at the earliest.

 

      Equipment Bidding Plan:

 

• Advertising bids January 2^nd and January 9^th for equipment for Substation Project
• Bid opening January 31^st for equipment for Substation Project
• March 18^th – Council awards contract for equipment for Substation Project (or kills Project)

 

      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 March 18^th Council decision to award contract for equipment for Substation Project (or not)
• Early May or after – open bids for construction for Substation Project
• Late June or after – Council awards contract for construction for Substation Project

 

      Electric Rate Study and Rate Adoption Plan:

 

• January – Finalize rate recommendation to Council
• 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

 

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.

 

• Employee Handbook Policy. As part of the implementation of the new payroll system, the system functions better if direct deposit is mandatory. I have previously provided a copy of 3.30 Direct Deposit policy. Most of the language in that policy comes directly from Ohio Revised Code or Ohio Administrative Code and is normally applicable to State employees.

• 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.

• Final Reads – Electric and Water. I have changed the process by which final reads are done. Previously, when final reads were done, if we didn’t have access to the inside water meter, we used the reader on the outside. Unfortunately, the older version of the outside and inside meter combinations had registers that read the flow independently. So, as a result, if they do not turn at exactly the same rate/speed, the register on the outside water reader reads a different amount than the inside register on the meter. They do not have the same readings MOST of the time. However, MOST of the time the difference isn’t too large. But, when it is, we have issues. That is why the Village began the process to switch to new meters and remote readers, where the remote reader doesn’t have an independent register, but reads the register on the inside meter.

So, the new process for final reads includes:

Whenever there is a final read, water department personnel shall be provided access to the actual meter.

The Utility Office will set an appointment. If that time conflicts with Water Department demands, then the Water Department shall inform the Utility Office and provide times they will be available, and the Utility Office will set up a new appointment.

If the meter is a model where the outside reader runs a separate register from the actual meter, the actual meter and outside reader will be replaced.

Whenever there is a final read, electric department personnel will do a final reading and shall make a determination whether the meter needs to be brought up to code (i.e. 60 AMP to 100 AMP or 200 AMP service). The new customer shall be given thirty days to bring the service up to code.

 

In addition, if electric department personnel make a determination that the service is unsafe, the electric shall be shut-off until the service is made safe.

• Question Posed at Last Meeting– Where is Solar Field Power Allocated in the event of an Outage.  I have an answer to the question posed where does the power go if the grid (i.e. Ohio Edison feed to the Village) goes down. I talked to Dwight Niederkofler from GPD. The answer is that the solar field shuts down too in an outage. If there is no power coming into Brewster’s electric system, then the code/rules on distribution shut down the solar feed as well. So, if there is no power coming in, then the solar field can’t send any out.

 

The most important reasons to have all feeds to the system shut down when the grid goes down is safety. For example, a neighboring community didn’t have their solar field set up properly, and as the employees went to repair an issue in their system, with what they thought was the power locked out, their solar field was back-feeding their system, making the system “hot” with the potential to kill an employee(s). It is similar on a larger scale to a home generator – it must be wired in such a way that it doesn’t back feed into the distribution system during an outage.

 

• Question Posed at Last Meeting – What Did We Spend Money on in Capital Fund in 2018. I am informed that the expenditure was for the ambulance.

• Question Posed at Last Meeting – Street/Security Lighting. Based on questions posed at the December 17^th Council Meeting, I did some research into street/security lighting. There are currently 33 individuals and/or companies with “private” street (security) lights. There are 34 lights (some are shared).  I have a handwritten list of who currently has “private” street (security) lights available to review in my office.

 

There currently is a scale for “private” street (security) lights based on size – we are charging the new LED lights, which use less electricity, based on equivalency to that scale. There is also a charge for poles as well, which is $2.00 per month.

 

I have surveyed some area utilities to see what they charge and put together a list for Council. They can be seen in the table below.

 

Our rates are with in “norm”. Rates for street/security lights are set low (longer time for recovery of investment) because they are seen as a service not only to the resident but for the Village at large, contributing to a safer environment. That is why the Village has street lights throughout the Village that are not billed to a resident or business, but essentially included in all residents’ electric bills.  The rates are covering the Village expense.

 

Councilman Hilliard reported that the lights are flickering on East Cleveland.  VA Miller stated that only one person called.  He stated that people were reportedly complaining on a Facebook site.  The information needs to be reported to Village Hall.

VILLAGE MAYOR: Mike Schwab
1.            Village Administrator’s Appointment of an Electric Superintendent

• After almost 43 years with Brewster Electric Supt. George Radich retired on December 31, 2018  
• George had advised VA Miller and the Mayor several months ago of his intent to retire at Year’s end.  Since that time the VA and the Mayor have had numerous discussions about George’s replacement
• The VA has advised Council of the process involved in selecting a new Electric Superintendent.   I will comment that the VA’s process was well planned and followed the proper protocol
• The VA’s appointment of Village Electric Lineman Ryan Swan as Electric Superintendent meets the Mayor’s approval

2.            Council Committee assignments for 2019            (Council copy of 2018 assignments)

• Council Rule #15 directs that the Mayor assigns a Chair for each of the six Council Committees and that all members of Council are members of each Committee.
• Members of Council were asked to review the provided copy of the 2018 Committee Chair Assignments and that prior to January 7^th contact the Mayor if they desire any Changes in assignments
• Unless someone has a desired change, the 2018 Committee assignments will continue for 2019

3.    Pending: Authorize Additional Compensation for Fire/Ambulance Calls between 11 pm & 6 am

Councilman Hilliard asked why Council approves Fire and Ambulance appointments and not the other departments.  The Mayor approves all safety service appointments with Council’s approval.  The Village Administrator replaced the Board of Public Affairs which appoints service personnel with the Mayor’s approval.  The Ohio Revised Code dictates these procedures.

 

VILLAGE CLERK-TREASURER: Kris King
December 18, 2018 – January 7, 2019:

The year-end financial fund balances and December expense statement were placed in Council’s mailboxes over the weekend. 

 

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

 

Cost of putting an issue on the May ballot:

There are several factors involved and the total will not be determined until after the election is over.  On average is cost is around $1100 per precinct which we have two.  If we are the only entity with an issue on that ballot, we shoulder the entire cost.  The more issues that are added, the lower our cost will be. 

 

January to do list:

• 2019 Certificate of Total Amount Available with estimated year-end balances
• OPERS Non-contributing list
• State/city reconciliations
• W-2 prep and distribution
• IRS 941 Annual Reconciliation
• 1099 prep and distribution
• 2018 Financial Report Preparation and review
• Begin the Hinkle Report
• Paychex onboarding

 

2018 Expense Report for the Village Children’s Christmas from the Recreation Board: $299.30.  The report is attached.  Good job!

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. 12/17 Public Hearing minutes - review an Amendment to Zoning Code Chapter 153.138

2. Public Hearing this evening at 6:30 – a review of four Amendments to Zoning Code

EXPENDITURE REQUESTS from past Meetings:

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to limit the additional $ 3.00/hour to the first two (2) hours of a call out and that the incentive not apply to any full-time Paramedic and/or Firefighter-Paramedic.  The vote: All yes.

 

VILLAGE SPEAKS: Communications Received by Council members from Village residents

Nothing

 

Anna Crawford of the Independent wished everyone Happy New Year!

 

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to adjourn the meeting at 8:40 PM. The vote: All yes.

 

 

Respectfully submitted,

 

____________________________________________________

Kris King, Clerk-Treasurer

 

____________________________________________________

Mike Schwab, Mayor