May 15, 2017- Meeting Minutes

MAY 15, 2017
7:02 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                 Tom Hilliard, Council Member                   
Paul Mackey, Council Member                  Steven Tharp, Jr., Council Member


Kris King, Clerk-Treasurer                             Mike Miller, Village Administrator (VA)
John Anthony, Solicitor



Mayor Mike Schwab asked if there were any additions or deletions to the May 1, 2017 Council meeting minutes. 

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


COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to accept the bills in the amount of $ 84,631.69.  The vote: All yes.


No one wished to speak.

Police Chief Keith Creter, Fire Chief Chris Colucy, and Ray Heitger were present.

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

ORDINANCE 36-2017: An Ordinance Authorizing the Addition of Chapter 97 to the Village Codified Ordinances to Establish a Right-of-Way Ordinance to Address such Matters as Small Cell and Wireless Facilities was given third reading.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to pass the ordinance as presented.  The Vote: All yes.

Second Reading:  An Ordinance Authorizing an Amendment of Ordinance 59-2016 to provide a Wage Stipend and job description for a School Resource Officer was given second reading. 

VA Miller stated that if this legislation is approved with a job description then he suggests that all the job descriptions be approved by Council.  He suggested that Council amend this at third reading to not include a job description.

Second Reading: An Ordinance Authorizing the Adoption of an Employee Overtime Policy and Its Addition to the Employee Handbook was given first reading.

First Reading: An Ordinance Authorizing the Adoption of an Employee Performance Evaluation Policy and Its Addition to the Employee Handbook was given first reading.

RESOLUTION 37-2017: An informal Resolution of Appreciation to John Benson for his years of Service to the Village of Brewster was given first reading which showed that access would be maintained to any affected business.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to pass the resolution as presented.  The vote: All yes.


Police Department: Chief Keith Creter

Plans were provided to block off 2nd Street SW and Bimeler Park Alley during the Firemen’s Festival.  The Chief provided a drawing and a narrative. 

The yard waste and recycling centers will be closed from May 29th through June 5th.

The Chief provided two quotes for a portable radar speed sign and accessories:

  • Elan City               -              $2,476.00
  • Path Master           -              $3,350.00

There have been complaints about trucks running the traffic light at Wabash and Second Street.  Chief Creter monitored the intersection and stated that the trucks are across the stop bar and only appear to be breaking the law.  He also monitored the speed and stated that because of the size and loudness of the trucks, they appear to be going faster than they actually are.

Councilman Fox asked if it is legal to park a car across the sidewalk.  Chief Creter stated this is a citable offense.  Councilman Fox mentioned a possible violation that the Chief may want to check.

Chief Creter discussed possible legislation that could increase the parking tickets to $20 and permit the Village to tow vehicles at the owners’ expense for unpaid parking tickets.

Fire Department: Chief Chris Colucy

The insurance and liquor liability rider for the Firemen’s Festival has been purchased through JMV Insurance for $1,147.65.  The paperwork will be forwarded to the clerk upon receipt.

The MARC’s radio system was reviewed again.  The chief estimates the following equipment will be needed by the department:

  • Eight (8) bases for the vehicles and the station at $3,000 each
  • Seven (7) dual ban portables for the Officers at $5,000 each
  • Twenty-eight (28) portables at $3,000 each

There will be a monthly fee for each radio and base of $20 per month at an annual cost of $10,320.

VILLAGE SOLICITOR:Attorney John Anthony

Solicitor Anthony is working with the VA on lot splits for water and sewer services.

The Attorney General has issued an opinion on HB331 which deals with micro wireless facilities in a municipal right-of-way. 

Councilman Tharp has received complaints from multiple property owners of a resident that is raising pigeons and releasing them daily.  The birds are leaving a mess around the neighborhood.  Solicitor Anthony stated this sounds like an issue for the Stark County Health Department.  VA Miller advised he would check on the complaint.


Sheriff Maier: Stark County Safe Communities initiative: National Click It or Ticket Campaign May 15th through June 4th; Seat Belt Challenge at HOF on Saturday, May 20th at 10 am High School students.

Sheriff Maier: Justice System Sales Tax Renewal – Questionnaire for each political subdivision to

Complete to provide the number of radios needed.   Police and Fire Chiefs have been asked to provide numbers to allow completion of the questionnaire.

Stark-Wayne-Tuscarawas Joint Waste Management District: Start Up Grant Application has been partially funded - $ 10,220 toward a 65’ X 30’ concrete pad in front of the recycling bins.


Administrator’s report for period 5/2/2017 thru 5/15/2017:

Brewster received its $500 annual fee related to the Community Reinvestment Area Agreement from Brewster Cheese.

Bimeler Park. The Street Department has removed the fence topper for field #3 and installed a new fence topper in accordance with the plan discussed at the Building, Parks, and Grounds Committee meeting earlier this year.  Field #5 will probably be getting its topper replaced next when the fence gets extended.

Filter Media at Water Treatment Facility. Dixon Engineering Inc. out of Medina, Ohio has performed an inspection of the Filter Media Vessels at the Water Treatment Facility. We are awaiting their report before proceeding with having specifications prepared to replace the filter media.

Crack Sealing. As an important part of our street maintenance program, we have been aggressively crack sealing the past few weeks, when the weather cooperated.

Street Sweeping.  I have executed a sweeping agreement for 2017. The first sweeping will be the week Spring clean-up finishes and before the Brewster Fireman’s Festival. The first sweeping is scheduled for one day, Tuesday May 23rd.  The contractor is not able to spread the sweeping over two (2) days, so we will make a general announcement to residents to please not park on the street that day.

Equipment – Electric Department: A crew cab heavy duty pick-up snow plow package and a plow with for the Electric Department with plow in the total amount of $47,705.10 from Chuck Nicholson, Inc. from Millersburg Delivery is expected mid-June.

“Employee Compensation Committee”

3.17 Job Assignment Compensation. As Council is aware, I am reviewing and revising individual policies contained in the proposed Compensation and Benefits Ordinance (29-2016), as well as our Employee Handbook. In preparation for the first meeting of the “Employee Compensation Committee”, I have written a policy, 3.17 Job Assignment Compensation, and forwarded it to the “Employee Compensation Committee”, as well as distributed it to Council.

3.18 OEPA Certification Incentives. As Council is aware, I am reviewing and revising individual policies contained in the proposed Compensation and Benefits Ordinance (29-2016), as well as our Employee Handbook. In preparation for the first meeting of the “Employee Compensation Committee”, I have written a policy, 3.18 OEPA Certification Incentives. It has beenforwarded to the “Employee Compensation Committee”, as well as distributed it to Council.

Job Descriptions. Job Descriptions are complete for Village positions. In preparation for the first meeting of the “Employee Compensation Committee”, I have forwarded them to the “Employee Compensation Committee”, as well as distributed copies to Council. I will be updating our Police Department job descriptions as well.

Comparable Wages. I am in the process of gathering comparable wages and “incentives” from surrounding political subdivisions.

As Council is aware, I am reviewing our Employee Handbook.

I have written a new policy 3.13 Meal Periods and Breaks, which outlines meal periods that follows our current practices. It also incorporates specific breaks that are established by Federal Law. It has been administratively adopted and added to our revised Employee Handbook.

The truck being purchased for the Electric Department will have GPS equipment installed.  This will track the speed and location and enable administration to reply to resident complaints such as speeding when plowing.  VA Miller stated that the perceived speed is frequently higher than what the vehicle is actually travelling in his experience.  Councilman Fox asked if there is a minimum speed for plowing.

Councilman Hilliard asked when the water generator was going to be installed.  VA Miller stated the holdup is the drawing for the Building Dept. but expects the installation to be in the next couple of weeks.  Councilman Hilliard then asked about the filters.  VA Miller stated an inspection has been done and he will get the results in the next couple of weeks.  The inspector did state that they appear to be in good shape.  Councilman Hilliard stated that his water smelled bad.

Councilman Fox stated that the paint on the poles in the downtown area are starting to peel.  Mayor Schwab stated that it is probably time to paint them.

Councilman Tharp wished to relay to the Electric Department that the LED lights on the north side poles look nice.  VA Miller stated they will be installing LED’s south of Fourth Street next and that the light poles will all be moved to the west side of the street to allow tree growth on the east side of the street.

Councilman Godwin asked that the sidewalk in front of “Just Ice Cream” be looked at as it is raising and could become a walking hazard.

Councilman Tharp asked how many trees were on the list to be removed and when the removal would be scheduled.  VA Miller stated there were eight trees on the list and may be adding a few more shortly.  He plans to send out requests for proposals in the next three to four weeks.



  • VA Miller working with Army Corp to secure an easement across Corp property for the connection between the Solar Field and Village Grid
  • VA & Mayor had a conference call with AMP and NextEra today at 2 pm
  • NextEra advises that:

     o   Nextera’s current schedule shows construction starting in January of 2018 with the completion in May of 2018.             Need to work around Heron nesting season

     o   Due to tree shading and floodplain easements the size of the Solar field has been modified to 1.1 MW

  • AMP continues to work with Millers on purchase of their property
  1. Ohio AG/Ohio EPA Consent Decree Case vs. Walkers/Hillview
  • Awaiting Ruling from Judge Farmer

3.            Ohio Insurance Services OPEC – HC Update

  • Brain Savage has emailed a spreadsheet that provides insurance options for Self Insurance through Medical Mutual COSE, Anthem SOCA, as well as insurance plans through Anthem, AETNA, a Medical Mutual ACA, and United Healthcare.   Spreadsheets emailed to Council
  • Ohio Insurance has been asked:

     o   If the Village were to reup in 2018 for the OPEC-HC, will the OPEC-HC rates presented on the spreadsheets as “Current OPEC-HC” continue in 2018 ?     

     o   If not, can you provide estimates for the OPEC-HC rates for 2018 ? 

     o   If Brewster decided to walk away from the OPEC-HC at the end of the current contract period (December 31, 2017), what financial obligation would the Village have to sever its relationship with the OPEC-HC ?

  • We have received no answers to these questions
  • The City Manager of Steubenville has asked all OPEC-HC members to attend the first OPEC-HC membership meeting on May 24th in Grove City citing the lack of transparency and the need for contract changes as concerns
  • Steubenville City Manager suggests:

     o   that the OPEC Board consist of OPEC-HC members rather than consultants, marketing agents, and service providers

     o   that OPEC-HC financial statements show how all tax payer dollars are expended   These statements have not shown that 30₵ of every dollar go for fees & commissions

     o   that a Reserve Fund be created to avoid continued deficits

4.            Zoning Map, Village Map, & Area Business Map – Information for Council

  • Engineering Associates from Wooster provided the most recent Zoning Map in 2007
  • The Zoning Map was digitized by EA in 2007 which lends itself to an easier efficient update
  • EA was contacted and they sat down with VA & Mayor to discuss options in producing a Zoning Map, a Village Map, & an Area Business Map
  • Cost for EA to provide Maps: Zoning Map = $ 700, a Village Map = $ 600, & an Area Business Map = $ 600
  • VA has reached out to RCAP about providing a Village map based on their GIS maps

Councilman Hilliard asked that a sign be put up stating the yard waste and recycling center would be closed May 29th through June 5th.

Mayor Schwab proclaimed May 19th and 20th as “Poppy Day”.  He asked that everyone support the Ladies’ Auxiliary #160.

Councilman Hawk suggested having the Solicitor review the contract with Ohio Insurance Services to see if they misrepresented themselves which could void our contract.


Fire pay = $5,687.58.

There were questions posed concerning the Fire and EMS Funds.  I explained the expenses have outpaced the revenues for several years and the carry over balances have been dropping in the funds.  The additional money from the levy replacement and the fire truck payoff will offset these overages.  Several councilmen and the VA discussed diesel ambulances versus gasoline ambulances and the possibility of demo models.

Councilman Tharp thanked me for creating Wage Committee binders with information for the next meeting.


Letter of Appreciation to Dave & Abby Garber prepared for Council’s signatures: Council Members signed the letter for submittal to Mr. and Mrs. Garber

Minutes from May I, 2017 Public Hearing: rezoning of Parcels 7001556 & 7001558 prepared by Clerk Kris King

REMINDER:                  May 18th at 7 pm Planning Commission Hearing - Vacation of a portion of Harriman St.

                                     Curb-side Spring Clean-up: May 20th and May 22nd – Miller’s Waste will pick-up    


Council appointment of one member to the Village Board of Income Tax Review.

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

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to suspend the rule requiring a waiting period of one meeting and approve the purchase of an electronic speed sign and accessories for up to $3,000 from the General Fund.  The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to pay the Firemen’s pay at a cost of $5,687.58.  The vote: All yes.

Councilman Godwin asked if the VA was planning on making sure the stop bars are repainted on the streets to make them more visible to drivers.   VA Miller will be getting prices later this week.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to close Bimeler Alley during the festival.  The vote: All yes.


Ray Heitger discussed his dealings Smith Ambulance when he worked for NAPA and repairs to their squads and how much longer the NAPA parts lasted compared to the Fords parts.

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to adjourn the meeting at 8:46 p.m.

Respectfully submitted,

Kris King, Village Clerk-Treasurer

Mike Schwab, Mayor