November 19, 2018 - Council Meeting Minutes
MINUTES
NOVEMBER 19, 2018
7:00 P.M.
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.
MEMBERS PRESENT:
Mike Schwab, Mayor
Dale Fox, Council Member
Chuck Hawk, Council Member Andrew Hess, Council Member
Thomas Hilliard, Council Member Sydney Radich, Council Member
VILLAGE OFFICIALS:
John Anthony, Solicitor Kris King, Clerk-Treasurer
Michael Miller, Village Administrator
MINUTES FROM THE NOVEMBER 5, 2018 REGULAR COUNCIL MEETING:
Mayor Mike Schwab asked if there were any additions or deletions to the November 5, 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 HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to excuse Councilman Godwin from the meeting. The vote: All yes.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to go into executive session for the purpose of considering the compensation of employees of the Village of Brewster. The vote: All yes. All of Council, the Mayor, the Solicitor, the Village Administrator, and the Clerk-Treasurer exited council chambers at 7:02 PM.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to exit executive session at 7:18 PM. The vote: All yes.
PRESENTATION OF BILLS:
COUNCIL MEMBER HAWK MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to accept the bills in the amount of $ 502,199.95. Councilman Hilliard questioned the $1,800 crosswalk bill. VA Miller explained that this is a plastic material that can only be applied to new pavement. It is rated to last four to five years vs. the one to two years for paint. The vote: All yes.
AUDIENCE:
Anna Crawford of the Independent Newspaper, Fire Chief Colucy, and Ray Heitger were in attendance.
CONSIDERATION OF ORDINANCES: Titles of each read by Solicitor John Anthony
The first four pieces of legislation were not advertised as required, Mayor Schwab requested Council table until the legal advertisement requirements are met.
Third Reading: An Ordinance to Amend Village Zoning Code Chapter 153.120 R-5 Mobile Home Park Residential District.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to table the legislation. The vote: All yes.
Third Reading: An Ordinance to Amend Village Zoning Code Chapter 153.250 Modular, Manufacture, Mobile Homes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to table the legislation. The vote: All yes.
Third Reading: An Ordinance to Amend Village Zoning Code Chapter 153.019O Accessory Buildings – Carports.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to table the legislation. The vote: All yes.
Third Reading: An Ordinance to Amend Village Zoning Code Chapter 153.002 Definitions – Foundations.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to table the legislation. The vote: All yes.
RESOLUTION 50-2018: An Ordinance to Authorize the Termination of OMEGA JVI & the Distribution of Funds.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNIL MEMBER FOX and motion carried to pass the legislation as read. VA Miller explained that the diesel units in OMEGA JV1 have been sold and as soon as all the participants pass legislation approving the dissolution of the joint venture, checks will be distributed. The vote: All yes.
RESOLUTION 51-2018: An Ordinance Authorize Renewal of ODOT Cooperative Purchasing Agreement was given third reading.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to pass the legislation as read. The vote: All yes.
Second Reading: Approve Compensation for Village Clerk-Treasurer Effective April 1, 2020.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to table the legislation until Council can consider spreading the increase over four years. The vote: All yes.
Second Reading: Amend Chapter 92.08 of the Codified Ordinances to Restrict Smoking, Tobacco Use, and Vaping in Village Parks.
First Reading: Amend Village Zoning Code Chapter 153.138 Yard Requirement in a B-1 Zoning District.
First Reading: Authorize the Addition of Employee Policy 1.02 – Nature of Employment.
First Reading: Authorize the Addition of Employee Policy 1.03 – Management Rights.
First Reading: Authorize the Addition of Employee Policy 1.04 – Right to Add, Change or Delete.
First Reading: Authorize the Addition of Employee Policy 8.01 – Standards for Discipline.
First Reading: Authorize the Addition of Employee Policy 8.02 – Progressive Discipline.
First Reading: Authorize the Addition of Employee Policy 8.07 – Determination of Appropriate Discipline.
RESOLUTION 52-2018: A Resolution in Support of the Fairless Local Schools Safe Routes to Schools Plan and declaring an Emergency was 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 FOX MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to pass the legislation as presented. The vote: All yes.
MUNICIPAL DEPARTMENTS:
Fire Department: Chief Colucy
There are 718 calls to date.
Training approved: Jen Mohler and Roger Carpenter will attend a Paramedic Refresher Course January 31st through March 6th; the cost is $300 each with a possible grant to cover the cost; 4-hour classes are one day a week for six weeks.
MARCs radios: Radios are being prepared to go live on January 5th. The first four years of monthly fees for each radio will be covered by the Commissioners.
Nothing to report.
VILLAGE SOLICITOR: John Anthony
Solicitor Anthony reported on the OPEC Litigation and the Receivership.
Solicitor Anthony reviewed HB 228-Gun Law. The Ohio Municipal League is against it because once again the State is taking away a Municipalities right to govern itself. It undermines safety measures enacted by municipalities. It also gives citizens a direct line to file a lawsuit against municipalities for damages and fees.
COMMUNICATIONS:
Ohio Liquor Control: Council has until 02/01/2019 to object to the Renewal of any CURRENT Liquor Permit; all CURRENT Permits in the Village are due for Renewal.
AMP Notice: Applications for two different $2500 Scholarships received until 12/07/2018; one is for high school student that lives in an AMP community; the other is for the high school child of an employee of an AMP municipal electric system; info forwarded to Fairless Supt.
County Commissioners: Municipal Road Fund applications accepted until March 15, 2019.
VILLAGE ADMINISTRATOR: Mike Miller
Administrator’s report for period 11/6/2018 thru 11/19/2018:
- Electric –Substation Upgrade/Expansion. The Mayor, Electric Department, and I met with GPD to review the 90% drawings and specifications for the Substation Upgrade/Expansion on Thursday November 15th. We were joined for a time by the Wastewater Treatment Department, to assure we had addressed any conflicts between the utilities.
I would like to reiterate why there is a reason the upgrade/expansion is necessary. The Village has been in close contact with Brewster Cheese regarding their expansion, which will require additional electrical demand requiring alterations to the substation and wiring. The problem with addressing their demand, or even regular maintenance at the substation, is that both would require lengthy periods that electric is shut off to the entire Village – outages not only for Brewster Cheese but Shearer’s, W&LE, and all our residents. As a comparison, if work needs to be done at your house to change out circuit breakers, the main power is shut down to do so. With a substation that concept is “supersized”, especially in time to safely complete the task. The proposed upgrade/expansion would add a second 69kV feeder exit, a new 12kV feeder exit, a more versatile 12kV transfer bus with two (2) dedicated station reclosers, and an alternate path (in essence following the house comparison a second main feed and circuit breaker panel) so that the Village can work on one side of the substation while maintaining power to all Village businesses and residents. This redundancy is important for both our residents and our business customers.
When we entered into contract with GPD to prepare the specifications in April, the construction estimate for the equipment and construction was $2,335,900. The current total estimate is $2,620,300 but based on the review that number will probably increase by $150,000 +/-.
As I pointed out in April, some additional considerations for a project of this magnitude include:
- Financing. Based on the timeline and application requirements, one of the options for financing, the USDA, is out. Now that we have a firmer estimate, I am exploring other options. We paid for GPD engineering out of the current Electric Department budget.
- Effect on Rates. The cost of the Substation Upgrade/Expansion must be figured into the Electric Rate Study. We met with Courtney and Associates Tuesday November 20th to go over the rate study and how the update/expansion of the substation will affect the rates. That study still should be completed before Council has to decide on awarding a contract and going forward with construction.
So, from a timing standpoint, the approach I am recommending is that equipment be bid first, as the time to manufacture the equipment that is 24 to 30 weeks. If we bid out equipment, we wouldn’t be opening those bids until February at the earliest, or April at the latest. When the bids for equipment are opened, Council should have all the information it needs on financing, the effect on rates, and at that point a firmer idea of cost to make the “final” decision to proceed with the project. Council would still need to authorize bidding out and awarding construction, but at the point the Village orders the equipment, in my opinion we are committed to completing the project.
Councilman Hilliard asked if this will be constructed by the old substation. VA Miller stated it will be just north of the existing substation.
- Solar Project. The Brewster Solar Project continues to move forward. The solar panels continue to be interconnected and fed back into the conduit system. The solar facility will be tested in December prior to going “commercial”, still targeted for January 2019. I will keep Council informed as we move forward.
- Electric – AMP Dissolution of JV1. Again, we have received a follow-up communication from AMP regarding JV1. The JV1 Joint Venture cannot be closed out until all entities authorize termination of OMEGA JV1, at which time checks to all entities can be issued.
I am requesting that Council authorize the termination of OMEGA JV1.
- Efficiency Smart – Smart Thermostats. Efficiency Smart will be offering special discounts on advanced thermostats through the online product store from November 15-28. Residents can get big savings on a smart thermostat and save up to $95 on a smart thermostat between November 15-28 through Efficiency Smart’s online product store. Residents can visit http://www.efficiencysmart.org/brewster-ohio or call Efficiency Smart at 877-889-3777 for full details.
- Sanitary Sewer – Jefferson Ave Project. A 90% design review was held with Hazen & Sawyer on November 6th at 10:00 am. An issue that was addressed was the potential conflict between the new sanitary sewer alignment and the electric poles. The sanitary line was moved west starting at the north side of Jefferson and 7th Street to the manhole near the substation, which was also moved west. This project will cost between $800,000 and $1,000,000. I will keep Council informed.
- Safety Training. This past Tuesday, Village employees received in-house safety training for trenching. The training should improve our employees’ ability to operate safely when trenching within the Village.
- Leaf Pick-up. The leaf pick-up began the week of October 22nd, slowly as there were not many leaves down and raked to curbside. That has changed, as most leaves have fallen at this point.
A reminder of some of the issues that came up last year:
- the leaf crew picks up ONLY leaves that have been raked into piles, so there are many times when the crew will be in the truck driving from one location to another without attempting to pick up leaves that have not been raked into piles.
- leaves should be raked out to curbs/edge of streets.
- leaves should be raked away from trees or other obstructions to allow the vacuum hose to get to the leaves unimpeded.
We intend to pick-up leaves through Friday December 7th … WEATHER PERMITTING!!!
- Credit Card Policy. As I informed Council in September, newly passed HB 312 has a new requirement that each legislature of any political subdivision that has credit cards adopt a policy. I previously forwarded to Council an Auditor of State’s outline that was presented at the Local Government Officials Conference that the Clerk-Treasurer and I attended for background. I also previously forwarded the Auditor of State’s summary of best practices for use of credit cards.
I am forwarding a copy of the new law. Virtually all the “credit card accounts” that the Village uses are what is referred to in the law as policy “store-issued credit card accounts”, such as Lowes, Menards, etc. We use “store-issued credit card accounts” because how the world now does business, versus opening a “blanket purchase order” and taking it with a tax-exempt certificate into a business to make a purchase. “Blanket purchase orders” are no longer accepted at a number of businesses. Many larger businesses would not (are not able) to keep a “blanket purchase order” “on file” with a copy of the tax-exempt form and track multiple transactions. The legislature by passing the new legislation recognizes the need for “credit card accounts”, as well as the need because of past abuses to have a policy and process in place that protects the public’s money.
I have provided a DRAFT of a credit card policy that in my opinion meets all the requirements of Ohio Revised Code Section 9.21. I have also provided a copy of Ohio Revised Code Section 9.21. Council needs to adopt a credit card policy not later than three months after the effective date of ORC 9.21; that means Council must adopt a credit card policy by January 1st, 2019.
I suggest that Council provide me with feedback on the attached draft within the next week. Council can then have a first reading of the legislation adopting a credit card policy at its first meeting on December 3rd, 2018, with an updated draft. That gives time for three (3) readings before adopting a credit card policy.
- FYI: May 7, 2019 Primary Election
- Local questions and issues for May 7 primary election, including local option petitions, must be certified to or filed with boards of elections by 4 p.m. (90 days before primary election)
- 90 days before primary election in 2019 = February 6, 2019
- It is recommended that any Ballot issue legislation be submitted to BOE several weeks before the deadline to allow language review by the BOE and any needed correction by Council
- On November 7, 2018 Council of the Whole Meeting was conducted to discuss a Fire Department Plan. Per the apparent consensus of those in attendance a Draft of Legislation has been created that would increase the Village Income Tax from the current 1.5% to 2% for a period of five years for providing additional funding for the operation of the Fire Department
- If Council wishes to proceed with legislation to provide additional funding through a May Ballot Income Tax Issue, Council would be required to direct that legislation be created and specify the percentage amount, the term of the tax, and the use of the additional funds
- Council would also be required to approve legislation that would submit the above legislation to the Stark County Board of Elections. This legislation would include the specific language that would be shown on the May Ballot. A draft of this legislation has also been prepared
- Before approving any legislation to submit an increase in the Village Income Tax to the Village residents, I would urge that Council prepare a plan that specifies the use of each dollar of the expected new revenue
2. Huntington Brewster Branch – Building
- Village Clerk, VA, and Mayor have been in contact with Huntington’s Regional President, Government Liaison, and Real Estate Division
- We have also talked with two area Banks about a Branch Office in Brewster; one has expressed an enthusiastic interest
- Huntington Real Estate advises that three parties have contacted them about purchase of the building; Huntington advises that they have appraisals of the property the week of November 19th and will be setting an asking price shortly thereafter.
- The Huntington Brewster Branch will close January 8, 2019
- Require Public Hearing for Zoning Amendments
In preparing for Monday’s Public Hearing for the four Zoning Amendmentsrecommended bythe Village Planning Commission, I found the required Public Hearing was not advertised. The ORC and Village Codified Ordinances require that a Public Hearing be advertised in a local newspaper a minimum of thirty days prior to that hearing. The required legal notice in the local newspaper in this instance was inadvertently overlooked. This postponed Monday’s Public Hearing for review of the amendments
- This also translates into Council tabling the four amendment ordinances
- And scheduling and advertising the Public Hearing a minimum of thirty days from November 19th to January 7th
- I would suggest that the January 7th Public Hearing begin at 6:30 pm
- Request that the December 3rd Utility Committee meeting include a review and discussion of the proposed South Substation Expansion Project
VILLAGE CLERK-TREASURER: Kris King
November 6 – November 19, 2018:
November 6 – November 19, 2018:
I asked Council to please take the time to review and sign the check register on the table.
I am working on an Amended Certificate to send to the Budget Commission. This will allow the Village to spend additional funds that were not expected.
I will have the final numbers for the 2019 Temporary Appropriations next meeting.
I have the last demonstration of the payroll systems we have been considering on Tuesday. Our goal is to have it in place by the first payroll of the year.
The Local Government Elected Officials Conference will be March 6 – 8 with the first day being Public Records training. Anyone wishing to go please let me know so I can get the hotel rooms booked. Councilwoman Radich stated she will be attending the training.
I asked Councilman Hilliard for a copy of the Fire Planning Committee meeting. He stated the VA took the minutes for him.
I canceled the November 20th street sweeping.
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
Council of the Whole Meeting minutes: 11/05 review Proposal for a Solid Waste Opt-Out Program
Fire Planning Committee Meeting minutes: 11/07 review of funding of finances and projects
_______________________________________________________________________________
NOTICES:
Public Utilities Committee Meeting to review Electric Department Mutual Aid Policy
Public Hearing on 12/07 at 6:45 pm to review a Zoning Code Amendment
_______________________________________________________________________________
EXPENDITURE REQUESTS from past Meetings:
PENDING PROPOSALS FROM PAST MEETINGS:
OLD or NEW BUSINESS:
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to add the review and discussion of the proposed South Substation Expansion Project to the December 3rd Utility Committee meeting. The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to schedule a Public Hearing on January 7th at 6:30 pm to discuss the four pending Zoning Amendments. The vote: All yes.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to draft legislation for a Credit Card Policy. The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HAWK and motion carried to create legislation for a .5% increase in local income tax for five years to be placed on the May ballot for the operations of the Fire Department. The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to create legislation to allow for the submission to the Board of Elections a .5% increase in local income tax for five years to be placed on the May ballot for the operations of the Fire Department. The vote: All yes.
Mayor Schwab had prepared drafts of the legislation.
First Reading: An Ordinance increasing the local income tax from 1.5% to 2% with 5/10 of 1% being for the operations of the Fire Department for five years.
First Reading: A Resolution providing for the Submission to Electors the question of a temporary increase in the Village Income Tax in excess 1.5% to 2% to Provide for the Operations of the Fire Department for Five Years.
VILLAGE SPEAKS: Communications Received by Council members from Village residents
AUDIENCE TIME:
Anna Crawford asked if the ODOT Agreement was a renewal. Mayor Schwab stated it is a renewal that designated the agreement as permanent instead of renewing every two years.
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