August 21, 2017 - Meeting Minutes

AUGUST 21, 2017
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.

Mike Schwab, Mayor
Steven Tharp, Jr., Council Member           Dale Fox, Council Member                          
Dave Godwin, Council Member                 Chuck Hawk, Council Member                   
Tom Hilliard, Council Member                    Paul Mackey, Council Member                  
John Anthony, Solicitor                                  Kris King, Clerk-Treasurer
Mike Miller, Village Administrator



Mayor Mike Schwab asked if there were any additions or deletions to the August 7, 2017 Council meeting minutes. 

COUNCIL MEMBER THARP 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 $ 428,568.41.  The vote: All yes.


Brewster Cheese Director of Operations-Jim Barnard, Fire Chief Chris Colucy, Police Chief Keith Creter, and Ray Heitger were present.

No one wished to speak.

CONSIDERATION OF ORDINANCES:  Titles of each read by Solicitor John Anthony

Second Reading: An Ordinance Authorizing the Submittal of an OPWC Application for a North Water Tower Rehab Project.

Second Reading: An Ordinance Authorizing the Submittal of an OPWC Application for a Seventh Street E. Improvement Project.

Second Reading: An Ordinance Authorizing the Creation of an Employee Prior Public Service Policy.

Second Reading: An Ordinance Authorizing a Contract for a Village Employee Health Plan with Stark County Schools Council of Governments. 

Second Reading: An Ordinance Authorizing a Contract for Village Liability Insurance.

First Reading: An Ordinance Authorizing Employee 5.15 Training and Education Policy.

First Reading: An Ordinance Authorizing Employee 5.16 Training and Education Reimbursement Policy.

First Reading: A Resolution Authorizing the Village to Become a Member of the Stark County Schools COG and to Participate in their Employee Healthcare Programs.  Councilman Tharp asked if there was a cost to belong in addition to the monthly premiums.  The VA and Mayor do not believe so.

First Reading: An Ordinance Authorizing the Vacation of Harriman Street between Parcels 7000070 & 70001206.

First Reading: An Ordinance Authorizing the Rezoning of Thirteen Parcels on the 700 Block of Harriman & McKinley.

First Reading: An Ordinance Authorizing the Adoption of an Employee Recognition Policy.

First Reading: An Ordinance Authorizing the Adoption of an Employee Handbook Objectives.

First Reading: An Ordinance Authorizing the Modification of Codified Section 150.01 Pertaining to the Vacation of Village Streets, Alleys, and Right-of-Ways.


Fire Department: Chief Chris Colucy

Chief Colucy attended the LOGIC Board meeting and discussed joining with Perry Township Fire Department for a FEMA regional grant for radios along with other departments.  It would require a 5% match.   The Village would receive a $1,000 credit for the old radios.  A decision needs to be made by December 12th.  User fees will be $10-$20 per month per radio but depending on how many apply for the grant, the grant will cover the first 3-4 years.  Stark County will be the 68th out of 88 counties in Ohio to be on the MARK’s system.

There have been 462 calls so far this year, 60 more than this time last year.

The Chief showed Council the thermal imager that the Firemen’s Association purchased with festival profits.  This thermal imager’s cost is $8,000.

Chief Colucy stated that the oldest ambulance (2003) has to be replaced.  During a recent call, the medic couldn’t take a patient’s blood pressure due to the noise level and the rough ride.  He stated the Village may need to borrow $30,000 in addition to the Association paying half on the diesel motor.  The Lifeline ambulance is estimated at $ 199,000.  If necessary, the Chief stated hard billing may need to be started in order to keep up with the equipment needs of the Fire Department, at least for the patients that do not contribute by paying the property taxes that support the department.

There is a Fire/EMS meeting coming up on the 28th of August to explore and review the budget.  Councilman Godwin stated that with all the needs of the Fire Department, priorities are going to need to be set.  Councilman Tharp suggested looking at how the City of Massillon operates their Recreation Center with their resident having a reduced membership fee.

Police Department: Chief Keith Creter

Calls were down last month but with vacation season, security checks are expected to increase this month.

Chief Creter reported on the speed signs.  The sign was placed on Mohican and the average speed was 25MPH with 7,000 vehicles in one week.  There was one vehicle that recorded 53MPH.  Elton St SW is an area that is being monitored.  There have been many citations issued in that area.  The highest speed recorded was 99MPH.  Going west on West 7th Street averages in the 40’s and is being monitored and citations are being issued.  Councilman Hilliard asked that the flashing school lights be checked and Councilman Godwin would like to see the lights to be flashing during baseball games.

Detective Taylor will be applying for an ODJS grant for the MARC’s radios.  The department will need three bases for the cars and six radios for the officers.

VILLAGE SOLICITOR:Attorney John Anthony

Solicitor Anthony has been in contact with Bricker and Eckler concerning the purchase of the Fairless property.  The surveyor reviewed the easements and leases and there should be no interferences.  Conditions in the contract that were noted as concerns may also be waived.

ASCPA sent a sample ordinance for the changes to our codifieds.   Solicitor Anthony will be making some changes before presenting it to Council.

Ohio Public Employees Consortium-HC: The health insurance company and the health care plan administrator for the employees have had a falling out.  There was a lawsuit but it hasn’t gone forward.  The Village has been made a party to the suit.  The VA has met with the employees to see whether they want to stay with the OPE-HC (Benovation Health Plan) or switch back over to Jefferson Health Plan (Medical Mutual).  The employees wish to switch back to (JHP) Medical Mutual.  The two are expected to have mediation on August 31st concerning the deficit last estimated at $27 million.   VA Miller also recommends going with Jefferson as OPEC-HC will cease to exist on 01/01/2018.


Village resident and VFD FF/EMT-B Alisha Cope has achieved the rank of Air Force 2nd Lieutenant and is in the second year of Medical School. (Letter of Congratulations from Council prepared).

Ohio EPA: Public Notice - Renewal of the Brewster WWT NPDES Permit to Discharge to State Waters.

Fairless Soccer Club – Donation Request for ages 4 to 14 Youth Soccer League(in Bimeler Park).                                                                                                   


Administrator’s report for period 8/8/2017 thru 8/21/2017:

  • Street Sweeping.  Reilly Sweeping will be in to sweep the streets on August 29th and the storm sewers will be checked and cleaned off if needed afterwards.  Councilman Mackey expressed his feelings that it is a waste of money because there are so many residents that mow their grass into the streets.  He would like to see something done about that.  Mayor Schwab stated it is against our ordinance to blow the grass into the street and the Police can issue citations if Council wishes.
  • Paving. After reviewing the fund balance in the Street Improvement Fund, including what has been spent for crack sealing and patching, Street Superintendent Rick Patterson and I have reviewed the street inventory (pavement condition ratings) and determined that we will attempt to do some paving this year. We are currently getting prices for paving. Based on the prices we receive, we will be able to determine how much we can address yet this year.
  • Sidewalks – Trip Hazards. We have had SafeSidewalks, who has done work in the Village previously, come in to inspect some sidewalks that have become “offset” (change in elevation of ½ inch or more) that create trip hazards. Once we have received their quote, we will identify what we will address within this year’s budget.
  • Sidewalks – Replacement. We are in the process of obtaining quotes to replace various sections of sidewalk that were “displaced” or broken by trees planted between the sidewalk and curb and that cannot be addressed by “offset” grinding. Once the quotes are received, we will proceed to address the worst first within the current budget.
  • Trees. We are soliciting quotes to have additional trees that are hazardous to be removed.
  • Electric Purchases.  The two (2) separate purchases of electric through AMP that Council authorized at the July 17th meeting have been completed.

The first was for a fixed block of power from 2022-2027 (January 1, 2022- December 31, 2027), that in essence replaces the 1.0 MW Citi (2016-2021) at $35/MWh block. We were able to lock in a price of $30.15/MWh from Shell Energy ($4.85 less per MWh).

We are awaiting the second for a remainder purchase from 2022-2024, which would extend what we did last year with a remainder purchase from BP Remaining Requirements (2017-2021) at a net for the remainder of $32.91 / MWh.

  • Columbia Gas. Columbia Gas is STILL working on their gas main and connections on North Wabash.
  • Water Department Back-Up Generator. Wood Electric has begun work on the move of the back-up generator to the Water Treatment Plant. Some conduit has been installed and the pad has been poured.
  • Park Drive Water Line. Our crews completed the water line replacement on Park Drive, south from the intersection of Main Street and Park Drive north of the levee, and also from south of the levee to north of the creek. We have completed patching as well, and will complete landscaping in the near future. It was determined by the Water Department, after consultation with the Fire Department, not to reinstall the hydrant mid-block at this time.
  • South Water Tower (and potentially Solar Field) Access. Work continues as our scheduling allows for the improvement of the access lane to the South Water Tower (and proposed solar facility). Drainage has been completed.
  • Street Department. A conditional offer was made to an applicant. He has completed his conditions, but we are still awaiting results. We anticipate him starting work in the next couple of weeks.
  • Mosquito Spraying. We have begun mosquito spraying. We will continue to do so on Wednesdays or Thursdays, weather permitting.
  • OPWC Applications. Work is being done to assemble or create all documentation needed for OPWC applications for the North Water Tower and 7th Street Repair/Repaving. The County declined combining their culvert replacement with our repair/repaving, so the 7th Street Repair/Repaving will be Brewster only.
  • Employee Handbook Policy. As Council is aware, I am still reviewing our Employee Handbook.

 In order to more fully implement and add detail to 1.1 Welcome and Introduction,more specifically the Public Relations portion, I have written 7.01 Customer Service Policy, which I have previously distributed. As I previously related to Council, when policies are written and administratively adopted I will distribute copies so that you are aware of what is occurring, and allow for feedback, concerns, or questions. It has been added to our revised Employee Handbook.

  • VA Miller will not be attending the next Council meeting.

Councilman Fox would like the VA to investigate the natural spring running on Rt. 93 between Elton and Oak Streets and remedy the situation.  It becomes icy in the winter.

Councilman Godwin asked about the dumping at the yard waste (County Officer handled the situation), the red truck parked beside the Water building (Wood Electric), and when the new Street Technician would be hired (waiting for tests to be returned).

Councilman Tharp thanked the VA for addressing his many concerns this week.  He also noted that there are two trees that need attention in the park.  He asked about when the damaged gazebo railing would be getting fixed.  VA stated the contractor has been contacted.  The bushes on 2nd St by the park need cleaned out. 

Councilman Mackey stated a maple tree at 7th and Dartmouth needs trimmed to the west.  It is blocking visibility.

Councilman Hilliard asked if any streets were being paved this year with the new income tax money.  VA Miller stated there are three small projects: Tuscarawas Ave (Chestnut to Harmon and intersections), a short section of Jackson, and at least part of Needham.

Mayor Schwab provided a synopsis of the August 14, 2017 committee meeting listing the animal restrictions recommended by the committee.

Mayor’s Monthly Financial Report for July – Court Fines, Report Copies, and so forth = $129.00.

From Village Prosecutor Ian Crawford – 2018 Contract for Services (requires legislation to approve).  The contract included an increase of $300 for 2018.

Request an Executive Session to consider the purchase or sale of Property:

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried “to go into executive session for the purpose of considering the sale of property and the purchase of property for Village purposes, since disclosure at this time may give an unfair competitive bargaining advantage to person(s) whose personal, private interest may be adverse to the general public interest”.  The vote: All yes.  The Mayor, VA, Solicitor, and Council left the room at 8:10pm.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to exit executive session at 8:35pm.  The vote: All yes.  No action was taken.


Fire Pay for July = $5969.06.

Chief Colucy needed to leave during the executive session and asked the Clerk to request that the Fire/EMS meeting scheduled for 6:30pm on August 28th to be moved to 7:00pm.

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. Minutes from Employee Wage Compensation Committee meeting on August 8th

2. Minutes from Safety Committee on August 14 concerning Animals.  Councilman Tharp stated that whatever Council does with the animal issues, the Heitger’s issues need to be resolved.  Councilman Mackey discussed animal rescues and wants to check what all is being brought into the Village.  He is concerned that too many people are bringing animals into the Village and it is disturbing the neighbors.

3. Joyce has provided an updated Village contact sheet

REMINDER:        August 28th at 6:30 pm: Fire/EMS Committee Meeting 

                                TheNext Council Meeting is on Tuesday, September 5th (by ordinance) 

                                September 23rd – Arts on the Boulevard - a Village Officials’ Booth         



1. Fire Chief: Cooperative Radio Grant application with other FDs. 

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

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried as required by ORC to advertise that three or more Council Members may be available for questions and concerns in a booth at the “Arts on the Boulevard” on September 23rd from 11-5 on West Main Street.  The vote: All yes.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to draw up an ordinance for the 2018 contract with G. Ian Crawford to be the Village Prosecutor with an annual salary of $12,300.  The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to pay the fire pay of $5,969.06 from the Fire Equipment Fund.  The vote: All yes.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to donate $500 for the Youth Soccer Association from the Recreation Fund.  The vote: All yes.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to move the August 28th Fire/EMS meeting from 6:30pm to 7:00pm.  The vote: All yes.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to create legislation amending the Village code 90.16 to remove Pitbull’s as a vicious animal and 90.18 prohibiting the sale of such.  The vote: All yes.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to switch our employee health care administrator back to Jefferson Healthcare and to provide required notification.  The vote: All yes.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to follow the Safety Committee’s recommendation to create legislation, owing health and safety concerns, to prohibit certain farm animals, to limit others, and require permits and inspections for those in the limited category.  The vote: All yes.  It was also decided to allow current owners a specific time to find homes for their animals in excess of the permitted number.

Councilman Tharp relayed a thank you to the Street Department for filling in the pot holes in the alley behind her home.

Councilman Hilliard thanked Ray and LaVonne Heitger for the work they did to have the concerts in the park.  He and his wife enjoyed listening to “The Last Stand”.


No one wished to speak.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to adjourn the meeting at 9:08 p.m.

Respectfully submitted,

Kris King, Clerk-Treasurer

Mike Schwab, Mayor