June 7, 2021 - Meeting Minutes

JUNE 7, 2021
7:00 P.M.
Brewster Village Council met in regular session with Mayor Chuck Hawk presiding.
Council Members bowed their heads for the invocation provided by Clerk-Treasurer Kris King followed by the Pledge of Allegiance to the flag.
COUNCIL MEMBER HESS MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to excuse Council Member Hilliard.  The vote: All yes.
Charles Hawk, Mayor
Dale Fox, Council Member                           Andrew Hess, Council Member                 
Brett Long, Council Member                       Sydney Radich, Council Member                              
Mike Schwab, Council Member
John Anthony, Solicitor                                  Kris King, Clerk-Treasurer
Michael L Miller, Village Administrator
Mayor Chuck Hawk asked if there were any additions or deletions to the May 17, 2021 Council meeting minutes.
COUNCIL MEMBER MOVED FOX, SECONDED BY COUNCIL MEMBER RADICH and motion carried to approve the minutes as read.  The vote: All yes.
COUNCIL MEMBER LONG MOVED, SECONDED BY COUNCIL MEMBER SCHWAB and motion carried to accept the bills in the amount of $590,995.51. The vote: All yes.
Ray Heitger, resident of 317 East Seventh St., asked if Council had any intention of pursuing the electric car charging station.  Council Member Fox stated it was voted down last time it was brought up, the issue was the location.  Clerk King has been contacted concerning grants available and will turn the information over to VA Miller.
Fire Chief Chris Colucy and Police Chief Keith Creter were also present.
There were no guests.
CONSIDERATION OF ORDINANCES:  Titles of each read by Solicitor John Anthony
ORDINANCE 24-2021: An Ordinance Authorizing Increasing the Number of Members of Council on the Tree Board from Two (2) to Three (3) was given third reading.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to approve the legislation as presented.  Council Member Fox asked what the total number of members would be.  VA Miller stated that it had been four and that by adding a member, tie votes would no longer be an issue.  The vote: Radich, yes; Schwab, abstain; Fox, yes; Hess, yes; Long, yes.
ORDINANCE 25-2021: An Ordinance Amending Codified Ordinance Section 91.05 (A) (7) Addressing the Planting Distances for Tree Devil Strips was given third reading.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to approve the legislation as presented.  The vote: All yes.
ORDINANCE 26-2021:An Ordinance Amending Codified Ordinance Section 91.06 “CARE OF TREES” Section (F) (2) Addressing Keeping Trees Clear of Utility Lines was given third reading.
COUNCIL MEMBER HESS MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to approve the legislation as presented.  The vote: All yes.
ORDINANCE 27-2021: An Ordinance Amending Codified Ordinance Section 91.06 “CARE OF TREES” Section (J) Addressing Tree Trimming and Removal was given third reading.
COUNCIL MEMBER HESS MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to approve the legislation as presented.  The vote: All yes.
ORDINANCE 28-2021: An Ordinance Adding to Codified Ordinance Section 91.06 “CARE OF TREES” by Adding a Section (K) Addressing Tree Trimming and Removal on Private Property was given third reading.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to approve the legislation as presented.  Council Member Schwab asked the VA under what circumstance that this section would be used.  VA Miller stated it would be similar to the weed letter process to get property owners to remove dangerous tree.  The vote: All yes.
First Reading: An Ordinance Assigning the First $22,000 of the Fire Income Tax per Month to the Fire Debt Fund.
First Reading: An Ordinance Assigning the $4,000 of the Fire Income Tax per Month to the Fire Equipment Capital Improvement Fund.
A. FIRE DEPARTMENT:  Chief Chris Colucy
  1. There have been 383 calls to date.
  2. The EFG grant will be announced next month.
  3. The department needs 6 more pieces of 4” hose.  The cost is $525 per piece for a total of $3,150.
  4. Request the appointment of probationary firefighter/paramedic Adam Haas pending physical, background check, and drug screen.
  5. The Chief has been talking to the VA about replacing the 2009 squad.  Different options were discussed.
  6. Chief Colucy commended Police Chief Keith Creter and Captain Nathan Taylor for going above and beyond during the recent fire on 2nd Street SE.  They ran into a burning building to get people out.  This was not expected of them.
  7. Council Member Fox asked what the cause of the fire was.  The Chief stated they haven’t ruled on it yet.
B. POLICE DEPARTMENT: Chief Keith Creter
  1. School Resource Officer Replacement
Officer/SRO Joe Lorenzo has accepted a position with the Canton Police Department. As we wish Officer Lorenzo the best, we have been preparing for this moment. I am recommending that Officer Danielle Nicewander is promoted to the full-time School Resource Officer position. Officer Nicewander has been interviewed and approved by Supt. B. Bidlack and has been introduced to each returning class at Fairless Middle School where she will be stationed at. Officer Nicewander will need to complete the full physical and Pradco Psychological once approved. Officer Nicewander will be a great asset to the schools, our P.D., and the community.  The Chief is asking for Council’s blessing.
  1. Generator
We have received updated quotes for the proposed generator for the P.D. I have attached the quotes which reflect natural gas hookup. I have been in contact with Dominion gas and met Friday, June 4th with a technician to figure out the specifics to get a line to the P.D. There is a service line running between the Wandle House and the P.D., I met with Dominion Tech Friday, June 4, 2021, service can be provided by tapping from the ally east of the PD and hooking the meter to the rear. This would be completed at no cost to the village, they will need to know what size generator, and all future gas needs to lay the correct size line.
  1. Camera System
We have been having constant issues with the cameras that have been installed by Staley’s, with the cameras being down more than up. it seems we have hit a dead end with the company, having Techs show up, give us a solution verbally, then nothing gets completed. With this, V.A. Miller, I.T. Lou Berlin, and I have met with Silco Fire and Security last Friday, May 28th, to go over our camera issues. As some may know, the cameras have played an important role in security already, we are currently looking to start at the P.D., Electric, and Water, get these cameras up and running smoothly, then migrate outwards. We are currently waiting for the initial quote.
  1. WatchGuard In-car and Body Camera Installation
The installation of the new WatchGuard In-Car and Bodycam system has been completed. The new system works as advertised, automatically downloading the In-Car videos as the cruiser returns to the station, automatically activating the In-Car and the Bodycam at the same time, keeping one less movement for officers, guaranteeing activation. The download time for the cameras is seconds compared to hours. We again thank you for supporting this system.
  1. Updated Hiring Process for the P.D.
We have updated our hiring process and have placed the new system in place. In the foreseeable future, this will be mandated in the state of Ohio. We had the luxury of sending our new process to state officials in the A.G.’s Office and received an “outstanding”. The only step we will not be able to insert is to hire a candidate, then pay for and send to the police academy. The state understands this is not financially possible for small agencies, most hire part-time positions. We have two candidates in our process now, both making it to the panel interview portion. I have attached a copy of our hiring process information letter, and our pre-employment questionnaire. This process has already disqualified two candidates, one dropped out after seeing what we required, solidifying the new hiring process’s worth.
  1. May Activity Report
Brewster Police Department May activity = 709.
Report was sent to Council Members.
  1. Jefferson Health Plan Lawsuit-Solicitor Anthony has been in touch with Attorney LaFayette regarding status.  A year ago, the case was close to a settlement then the receiver had questions and requested additional discovery.  It appears the Village’s debt will be reduced.  We want this wrapped up, but it appears the additional time will be beneficial to the Village.  Solicitor Anthony reported that he has been told that the State Auditor has not finished their audit yet.
  2. The remote meeting legislation will expire on July 1, 2021 and is not expected to be renewed.  Solicitor Anthony stated he was glad to be back at Village Hall.
  1. VA Miller received a thank you note from Beach City’s Mayor for recent assistance with a power line situation. 
  2. Clerk King reported that an anonymous email was received through the website (John Smith) concerning 365 Tuscarawas and the number of chickens and other animals.  The odors from the excrement of 40 chickens make neighbors unable to enjoy the outdoors or to have picnics.  The writer expressed disappointment that the Village has been notified and it has not rectified this situation.  VA Miller stated another complaint has been filed with the Stark County Health Department that includes this email.
Council received the Village Administrator’s report last week to review.
COUNCIL MEMBER LONG MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to accept the VA’s June 7, 2021, report as written and emailed to Council and to enter it into the record of tonight’s Council meeting.  The vote: All yes.
VA Miller wished to state the following items in addition to his report from Friday:
·         There has been a request for an extension for the timeline from Core & Main for the AMI Project.  We have been told there is a chip shortage.  This will not change the price.
  • The easements are getting finished up.  Fairless has donated theirs and the others will receive their checks this week.
  • We will be getting a demo renovator.  It’s a super-sized rake for the baseball fields.  We are going to use it on Field 2 since no one is currently using it.  VA would like Council Member Long to be there, and Council Member Fox asked to be notified when the demo is being done.  He would like to be there also.
  • We currently have nothing firm that requires replatting lots when a building extends onto more than one parcel.  The codified ordinances need to have this added for clarification.
  • Subdivisions-there are two classifications.  Minor and Major, the Zoning Inspector makes the call as to which is which.
  • VA Miller had a conversation with a reporter from the Repository and in the conversation a source of guidance for the ARP Funds was discussed that included the adaption of public buildings for COVID.
  • A sliding scale is being discussed for service deposits.  This will not only protect the Village but will also help the property owners.
  • We will be putting a rail up on the handicap ramp in front of Village Hall to ensure proper usage.
  • Council Member Schwab stated the skate park looks good.  The ramps have been painted.
  • Council Member Schwab asked if Core & Main had a specific period they needed to get the parts in that they needed.  VA Miller stated that they did not. 
  • Council Member Schwab asked about the timeline for getting the internet sales up and running.  VA Miller stated that he and the Clerk have to be trained.  They will make time to get it done.
Administrator’s report for period 5/18/2021 thru 6/7/2021:
  • Jefferson Ave Sanitary Sewer Replacement Project. The final tasks for the Jefferson Ave Sanitary Sewer Rehabilitation Project are for Shelly to complete milling 5th Street and its intersection at Cleveland, 7th Street at Jefferson, and then pave. Shelly is removing “excess” materials from the lay down area, as the project (hopefully) is close to finishing up.
I indicated that there should be no more change orders. There still should not be any. Currently, with all four (4) change orders, the total project contract cost is $873,144.72, which is slightly less than a 12.5% increase over the original contract amount.
HOWEVER, … the plans only call for 3 inches of asphalt on Jefferson and the “new” portion of 5th Street – 2 inches of base and 1 inch of surface. It is Thrasher’s, Superintendent Paterson, and my assessment that that amount of asphalt, even with feet of gravel beneath, is not adequate. So, to get Shelly closed out it has been determined the best approach is to have all 3 inches be base asphalt on Jefferson and the “new” portion of 5th Street, but leave a gap of 1 ½ inches from the gutter plate, so that we can have our paving contractor place 1 ½ inches of surface asphalt on top. The estimate for the amount to complete a surface coat on the new portion of 5th Street and Jefferson is $6,247.50, so rather than removing one (1) of the streets currently on the Paving Project List we can adjust the length of Chestnut to be paved to stay within budget. As milling went to 3 inches deep to remove all fabric, there may be additional paving by Superior on the milled portion as well.
  • 2021 Paving Program – McKinley north of 2nd Street. The ADA Ramps, curb, and the sidewalk on the east side of McKinley north of 2nd Street is complete.
  • 2021 Paving Program. The contracts and related documents have been completed with Superior Paving & Materials for the 2021 Paving Program. I had a preliminary meeting with Superior and their concrete sub-contractor to identify the final locations of ADA Ramps and for curb and gutter.
As a reminder, the streets included in the 2021 Paving Program are:




Chestnut NW


Drive to just before 13415 Chestnut (1630 feet)

Main Street SE



2nd Street SW



McKinley Ave SW


North Terminus

Grant Ave SW



McKinley SW


7th Street

2nd Street SE


East Terminus

Harmon Ave NE


just past Mohican

As I indicated above, we have an estimate on paving Jefferson & 5th Street, which is $6,247.50. We will monitor amounts and if necessary, reduce the length of Chestnut to be paved to make sure we do not exceed the funds available.
  • Reinstalling Retaining Wall at 2nd Street in Bimeler Park. We have also contracted to reinstall the wall where it was removed for the storm sewer at a cost of $3,750. The contractor has begun work.
As an offshoot of discussions with the resident at 187 2nd Street regarding the changes an issue was raised about the north side of 187 2nd Street, where the Village has done some damage to their fence facing north into the park, and where there has been erosion over the years. That is being addressed by installing a retaining wall between Bimeler Park and the property in question.
  • Handicapped Access – Bimeler Park from Second at SE Corner. The contract was awarded to the low bidder on the sidewalk option for handicapped access to Bimeler Park from 2nd and Wandle Court for $3,565, a significant reduction in cost from the ramp option. We are awaiting that work to be scheduled.
  • Storm Drainage Projects. The current list of storm sewer projects in their priority order, with updates on their status:
  1. NEW ADD ON – catch basin on 2nd Street SW near Wabash was installed.
  2. Yard Waste Drop-off pad – work continues.
  3. Cleveland & 7th Street Catch Basins. Material is in. Timing it up with cement contractor.
  4. 12935 Elton Catch Basin/junction Box relocation.
  5. East end of 1st Street SE
  6. East Main Street Drainage.
  7. Dartmouth/Amherst relief line
  8. Open ditch east of Mohican
  9. NEW – drainage from Harmon west of 264 Harmon.
These are not necessarily on a first come/first serve basis but based on their criticality and/or ability to fit into the schedule. We are also looking to repair deteriorated catch basins, so if any Council person is aware of any, please let me know. Also, if there are any storm drainage projects/issues not on this list please let me know.
  • Water Department – Backflow Prevention & EPA Notice of Violation. I forwarded a copy of a Notice of Violation from the Ohio EPA regarding our Backflow Prevention Program. We knew this would be an issue. As I indicated in the last VA Report, the Village was notified during the inspection/visit from Ohio EPA on May 6th that we need to address our backflow prevention program. It is an area of emphasis – the number of water treatment facilities that have been told to address backflow prevention is approximately 9 out of 10. 
Backflow prevention devicesare required by the EPA, State law (Ohio Administrative Code 3745-95), and Ohio Plumbing Code (chapter 608) to be installed where there is a potential health or contamination threat within the consumer's plumbing system. Backflow prevention devices are installed onto a pipe so that water flows in one direction. Backflow prevention devices protect potable water supplies from contamination or pollution due to backflow. In simple terms, backflow prevention devices prevent water from flowing back into the public water supply from various sources, such as irrigation systems or even toilets. More details about backflow prevention and cross-contamination were forwarded to Council in the form of an EPA brochure.
We are addressing the vast majority of the listed concerns/issues with BSI. As I indicated previously to Council in VA Reports and detailed in the Public Utilities Committee Meeting May 17th, one of the ways some other entities in the area comply with the backflow prevention requirements of Ohio EPA is to contract with Backflow Solutions, Inc. Superintendent Maybaugh and I have viewed a presentation by BSI. A summary of their program and some additional OPTIONS have been forwarded. In addition to those entities and contacts listed in their information, the City of North Canton, City of Hudson, and City of Ravenna also use BSI for backflow prevention compliance. The cost to the Village would be $495 per year. The cost to consumer’s subject to backflow prevention requirements is $14.95 fee from BSI per device, which would be charged directly by BSI through the qualified entities currently inspecting their backflow prevention devices annually. There would be an additional charge if we use BSI to conduct the 5-year inspection where the Village or its designee must physically inspect the backflow devise rather than obtaining a third-party report.
We are in the process of completing the Village’s Agreement with BSI.
  • EPA Water System Inspection - Recommendations. The Village received a letter from the Ohio EPA making a number of recommendations as a result of their recent inspection of Brewster’s water system. I suggest we schedule a Public Utilities Committee to review what steps we need to or are taking to address those recommendations.
  • AMPT – Second Transmission Line. So, last time I updated Council PJM had met May 11, 2021 to review 13 proposals submitted to address Brewster’s second transmission feed to our Substations. I had forwarded a presentation (PowerPoint) for that Transmission Expansion Advisory Committee meeting. Then, on May 14th I participated in a meeting with AMPT and their consultants to go over their proposals again and compare them, as best that could be done at that point, with the limited information PJM had provided.
AMPT submitted 3 of the 13 proposals. There are approximately/potentially 6 of the proposals (including the 3 from AMPT) that appear to be competitive. One of those 6 appears to may have low-balled and/or missed elements. AMPT was going to attempt to get additional information about the other proposals so that they can compose reasoned responses and/or updates. Also, an additional clarification that needs to be done is which (if any) of the proposals have cost containment included.
As I indicated, to a large extent AMPT sets the minimum/target requirements for both our project and for their other projects. Based on Brewster having an open window bid process, PJM then evaluates whether those minimum/target requirements have been met.  It was clear that this situation with the second feed, AMPT, and therefore Brewster, appeared to be something that PJM had not dealt with before, so for better or worse we were the Guinea pig.
Based on what was occurring, AMPT decided to change their criteria for all future projects to better accommodate others like Brewster who are looking for redundant transmission feeds. AMPT submitted their updated criteria to PJM. Much to AMPT’s (and our) surprise, based on that update, PJM “closed” the open window process and is going to cancel Brewster’s redundant transmission feed as a formal PJM project (and throw out the proposals).  PJM explained that AMPT’s criteria change removed the project from their reliability jurisdiction.  As such, AMPT will now proceed with the Brewster second transmission feed as a “supplemental” project. As a “supplemental” project AMPT is back to essentially negotiating with either AEP or First Energy/ATSI on one of the three preferred routes.
All that means the process has become an easier one to manage/predict. I will keep Council informed when new developments occur or new information arises.
  • AMP Annual Power Supply Update. The Mayor and I met with representatives from AMP on Tuesday June 1st to go over the annual Power Supply Update. A copy of the 2021 Power Supply Update was forwarded to Council. One of the areas of follow-up is looking at whether the Village should purchase another remainder contract beginning in 2025 or whether the better option would be a block of energy to replace the Exelon Remainder Contract that expires at the end of 2024. I will be updating Council on that choice in the next few months.
If you have any questions let me know and I will get them answered.
  • Electric Substation – SCADA (Supervisory Control and Data Acquisition System).  Work continues by GPD on the SCADA system at our substation. I will keep Council informed as to the progress on the project.
  • Electric Department Garage. I want to again update Council on the proposed new Electric Garage. The original plan is to build a virtually identical 3 bay garage next to the newest 3 bay garage. However, we have settled on a location for a new 7 bay Electric Garage and office. The option we are moving forward on is a new 7 bay Electric Garage and office to be located in the open area at the Substation. The pluses as Council may remember is that all electric will be together. The potential minuses were/are:
  • it will be on leased land, but so is the $2.4 million second substation the Village just completed.
  • potential issues with US Army Corps of Engineers have been addressed.
This is the option I am pursuing at this time, amending the agreement with EA Engineering. I have also reached out to AMPT to ensure that the location we pick for the building will not impede a future ring bus in front of the substation.
The plan is to have Street Department reimburse the Electric Department for the value of their two (2) facilities, but that should be much less expensive and more efficient than building new.
Ultimately, not all Street Department operations will be able to be moved to the existing Electric Buildings. Salt storage and/or brine cannot be located near wells/water supply. I will  continue to keep Council informed.
  • Advanced Meter Infrastructure (AMI). The AMI Project continues to move forward. We have begun putting AMI meters in.  But we have not received meters lately. I am forwarding an e-mail and attachments that request an extension of time from/for Core & Main on the AMI Project. They are having problems getting the AMI meters because of chip shortages. I spoke with CT Consultants, and they indicated that this is becoming more common. As it is a request for time only, with no increase in cost. After meters are installed and showing up in the RNI, we will have our RNI training scheduled, and we will also be ready to integrate Sensus Analytics into our billing software.  
I would ask Council make/pass a motion Monday June 21th to allow for the requested extension of time.
  • Paving 2022 - McKinley from 7th to 2nd. McKinley is going to be expensive to pave, as there are portions that do not have adequate base. Most of it cannot be narrowed for future savings as there are apartments and houses that use McKinley for parking, and McKinley is only 33 feet +/- wide. So, I would suggest that we start with the worst block – 7th Street to 6th Street in 2022 Paving Program. We will need to, for this block and each succeeding block, determine how much of the Street will need rebuilt due to inadequate base or other issues, so we can get the cost set for each years Paving Program.
  • Brewster Parke Hydrant Project. W.E. Quicksall continues their work to engineer a water line extension to the main driveway of Brewster Parke to allow for the installation of a fire hydrant for enhanced fire protection. The proposed location will also provide a safer location for our Fire Department employees to attach a hose in the event of a fire, as opposed to stopping at locations on Wabash and having the hose and/or fire truck partially block traffic. The extension will also provide for additional service points for Brewster Parke for water as well.
Included in W.E. Quicksall's work is the provision of plans so the project can be bid will be creation of easement documents. Bidding may be informal, provided the cost is below $50,000.
The plan is to utilize American Rescue Plan Funding the Village is slated to receive. The ARP Funding is specifically allowed to be used "To make necessary investments in water, sewer, or broadband infrastructure". This project is water infrastructure. It addresses enhanced safety of the 120 residents of Brewster Parke (and growing); it addresses enhancement for future economic development (Brewster Parke indicates they have $70,000 in payroll every 2 weeks – that is $1,400 to Brewster every 2 weeks or $36,400 annually); it also sets up adding future water “customers”.
Also, as I indicated once the water line is installed in Wabash, the Village can install a crosswalk with Rapid Flashing Beacons (like Route 62) to allow residents to safely cross to the east side to walk through the underpass to downtown, or visa versa. I have confirmed with ODOT that since the proposed crosswalk is entirely within Brewster corporate limits that we have authority to install and make the upgrades to the crosswalk.
  • 2021 Potential OPWC Project – Park Drive Rehabilitation & Paving Phase 1. To refresh, Park Drive Rehabilitation & Paving Phase 1 would be Park from Main Street to the south side of parcel 7001911 (just north of the levee). It runs approximately 510 feet, would realign slightly at the north end and widen from 20 feet wide to 22 feet wide, plus install curb and gutter. It would also include the Safe Routes to Schools (SFTS) Shared Use Path (SUP) on the east side. Council had passed an ordinance last year approving submission of the Park Drive Rehabilitation & Paving Phase 1 as an OPWC project in 2020, but later withdrew it because of the uncertainty of renewal/continuation of the Income Tax. Thrasher already prepared the specifications and can provide an updated Engineer’s estimate. If the application is successful, Thrasher has quoted an amount of $3,000 for bidding services. Even with the 10 points for plans, this project will likely not score high enough at the local (District 19) level for funding but will go to Small Governments at the State level, where we previously received funding for projects.
  • 2021 Potential OPWC Project – West Main Width Reduction, Paving and Connector Project. One of two streets that the Village needs to start addressing are West Main and McKinley. West Main potentially fits more into a OPWC Application. As I have been telling Council, the Comprehensive Plan that the Village adopted talks about connectivity of its parks. In addition, when we addressed the Safe Routes to Schools the idea was to build it in such a way that ultimately it and other Village projects would put in place in Brewster portion of the eventual Stark County Parks Trail that is planned to connect the Towpath Trail in Navarre to the Wilderness Center through Brewster. West Main between Lincoln and Washington needs paving. That portion is also 42 feet wide, much wider than it needs to be to accommodate vehicle parked on both sides (seldom happens) and two-way traffic. My suggestion is to reduce the width of West Main between Lincoln and Washington (and eventually do the same down to McKinley) by 8 feet. This will in the long term save money each time it is repaved. There is no sidewalk on this portion of West Main. I would suggest narrowing the street on the south side only, to allow space for a sidewalk (and ultimately a “path” or “Trail”) and an adequate tree lawn for midsize trees. Because of the established trees at the west end, the sidewalk for a portion of West Main between Lincoln and Washington on the south side would be against the curb, then shift back mid-block. Rather than construct a 10-foot path initially on the south side, I would suggest a “regular” 5-foot sidewalk that down the road could be expanded to 10 feet. The Village could ultimately apply for a separate “trail” grant to expand the sidewalk into a “path” or “trail”. I would also explore concurrently putting in a “regular” 5-foot sidewalk on the north side provided OPWC Funds will reimburse towards those costs.
I would like to have the Streets, Alleys, Curbs, Storm Sewers, & Sidewalks Committee Meeting be “onsite”, similar to what was done with the Safe Routes to Schools Path so that Council can get a better idea of what I am proposing.
  • Parks Mowing and Maintenance.
  • Plan A – Reminder of the 2021 Boulevard & Memorial Planting Plan. Bruce Moyer of Moyer's Nursery and Landscaping completed planting the Memorial again in 2021; the old grass was removed and the grass area in front of the Memorial was sodded. They also planted the ten (10) pots on Wabash.
  • Plan B - Seasonal Employees (SCRAPPED). As Council is aware, we advertised for seasonal employees to assist with maintaining Village property, including mowing and other maintenance. We received three (3) applications. One (1) of those individuals accepted another position. The other two (2) do not have the experience we are seeking. We also received from that same advertisement computer generated “notices of interest” instead of a completed Village Employment Application. We emailed each of the individuals who submitted the computer generated “notices of interest” a copy of the Village Employment Application to fill out and asked they return a Village Employment Application. NONE of those individuals responded.
  • Plan C – Full-time Employees. Our new full-time Technician for the Street Department began on Friday May 28th.
  • Plan D – Outside Companies/Contractors.  We anticipated SOME of the foregoing issues, so we obtained prices to have an outside company/individual contractor to mow specific “high intensity” locations (i.e., hand mowing), including the Boulevard, Village Hall, and Witting Park. We have implemented that plan and hired an outside company/individual contractor. That is going well.
  • Plan E – Assistance from other Village Departments. We are seeing the same dedication again this year with assistance from other Departments.
  • Community Room – American Rescue Plan Funding. I received a proposal from Bill Griffith of Sol/Harris/Day Architecture. They have quoted a cost of:
  • Complete Construction Drawings:                                                         $5,200.00
  • Bidding Services:                                                                                          $1,900.00
  • Construction Administration (4 months | 48 hrs.):                         $5,760.00
  • TOTAL AE Fee:                                                                                               $12,860.00
  • Recommended Reimbursable Expense Allowance separate from AE fee listed above (reproduction costs, mileage, permit applications fees, etc.) Two Thousand Dollars: $2,000.00
To recap, we believe that Brewster is slated to get $420,000 in the American Rescue Plan. We still do not have either guidance or information about how these funds can LEGALLY be spent yet. The previous funding we received under the CARES Act had specific limitations for how it could be LEGALLY spent. I have previously provided an article out of Governing magazine that addresses some ways governments plan to spend their American Rescue Plan Funding. But, again, until the rules are put in place the “what” of how those funds can be spent is up in the air.
The CARES Funds were to help with addressing needs that were related to COVID. Presumably, the American Rescue Plan Funding is tied to loss of revenue due to COVID and/or expenditures/projects that would address future pandemics.
One good suggestion that I believe COULD be a legitimate expenditure, as it ties into Council’s ability to hold in person meetings and/or partial in person with access via computer during pandemic conditions, would be to complete the “meeting room” where the Tahoe and Grass Fire Truck used to be stored as meeting space. That space can accommodate more individuals “socially distanced” than our current Council Chambers and could be done in such a way that the technology to broadcast/record/observe could be integrated into the construction. It also is needed for the FD teaching classes such as CPR and/or employee safety meetings, and/or Fire Department training or meetings, and/or PD training.
So, that is why we have a proposal for Architectural Services to complete the “meeting room” where the Tahoe and Grass Fire Truck used to be stored as meeting space. It would address the issue that Council cannot meet in person at Village Hall and properly social distance, nor is our current setup conducive to remote meetings (streaming).
The preliminary plan has been forwarded to Council – there were no comments.
My recommendation is to commence with awarding ONLY the $5,200 to complete construction drawings at this time, plus authorize a Reimbursable Expense Allowance separate from that fee (reproduction costs, mileage, permit applications fees, etc.). I am recommending ONLY commencing with completing construction drawings at this time, UNTIL we verify that American Rescue Plan Funding can be used to create the Meeting Room so that Council can meet and properly social distance AND provide remote access to their meetings. Once/IF it is verified that it is a proper use of ARP Funds, the expenditure can be taken/switched to ARP Funding.
I have consulted the Clerk-Treasurer, and she recommends encumbering this cost at this time out of the Capital Fund. The US Treasury has under the caption Information for Non-Entitlement Units of Local Government a tab with Frequently Asked Questions that states that eligible uses for the funds include “… adaptations to public buildings to implement COVID-19 mitigation tactics.” But again, Once/IF it is verified that it is a proper use of ARP Funds, all the costs can be encumbered out of ARP Funds.
  • Tree Program – 2021. Sidewalk replacement will begin as soon as we can get the contractor scheduled. I anticipate that the Tree Board will continue to have meetings in the upcoming weeks, as this time of year has a great deal of activity.
  • Generator for Police Department. Police Chief Creter has done a great job of gathering multiple prices on multiple options for back-up generation for the Police Department. He will be presenting those to Council.
  • SRTS – Right-of-Way Acquisition. We are proceeding with acquisition of right-of-way acquisition for the SRTS Project. O.R. Colan has set up meetings with property owners on the Village’s behalf. Fairless Schools DONATION has been recorded. O.R. Colan has informed me all owners have signed off, and they will be forwarding the information regarding acquisition cost.
  • Zoning Board of Appeals Meeting for June 17th. There is a June 17th Zoning Board of Appeals Meeting scheduled for 7:00 pm to review three (3) requests for variances:
  1. 175 Harmon Street NW (fence setback revisited)
The variance(s) is (are) from Brewster Codified Ordinance § 152.078 (B), which provides in relevant part:
Corner lots. All corner lots shall be designed to permit the minimum 40-foot front yard setback on each street, or other setback as required by the Zoning Code.
Variance from Brewster Codified § 153.053 YARD REQUIREMENTS which provides in relevant part “Minimum front yard depth 35 feet.”
The requested variance(s) for the setback from Tuscarawas property line is 2 feet.
  1. “554” Walhonding for six (6) individual lots that face Walhonding, Barber, and Mohican (lots to be replatted into one lot) for new house.
The variance(s) is (are) from Brewster Codified Ordinance § 152.078 (B), which provides in relevant part:
Corner lots. All corner lots shall be designed to permit the minimum 40-foot front yard setback on each street, or other setback as required by the Zoning Code.
Variance from Brewster Codified § 153.053 YARD REQUIREMENTS which provides in relevant part “Minimum front yard depth 35 feet.”
The request is for the setback from Barber to be 21 feet, requiring a variance of 14 or 19 feet from Barber.
  1. Wabash south for five (5) individual lots which collectively face Wabash and Needham (lots to be replatted into one lot) for new house.
The variance(s) is (are) from Brewster Codified Ordinance § 152.078 (B), which provides in relevant part:
Corner lots. All corner lots shall be designed to permit the minimum 40-foot front yard setback on each street, or other setback as required by the Zoning Code.
Variance from Brewster Codified § 153.053 YARD REQUIREMENTS which provides in relevant part “Minimum front yard depth 35 feet.”
The request is for the setback from Wabash to be 15 feet from the property line, requiring a variance of 20 or 25 feet from Wabash.
  • Mosquito Spraying – Stark County Health Department. The Stark County Health Department has sent the Village a proposed contract for mosquito spraying for 2021.The proposal from the Stark County Health Department is to do six (6) sprayings this summer, between the months of June and September, weather permitting. The cost will be $714.00 per spraying, the same cost as last year. The total will be $4,284.00 if none of the sprayings are cancelled due to weather conditions, again the same as last year. They will also be taking care of placing notices in advance of each spraying.
I will be proceeding with entering into this agreement unless there is an objection.
  • Internet Sales. We are progressing on being able to sell items that are no longer needed for public use on the internet, per the ordinance passed by Council. The “legal” documents associated with sales have been approved by the Law Director, and Public Surplus has uploaded them. A training will be scheduled in the near future, which will allow the Village to start posting items online for sale.
  • Field #1 Restoration. We are still exploring options to getField #1 playable.
  • Natural Gas Aggregation Program. I forwarded a copy of the quarterly update report Independent Energy Consultants prepared for your aggregation program. 
  • Efficiency Smart – Tip Jar. Efficiency Smart has launched the Tip Jar contest on its Facebook page where residents nominate a locally owned, independent restaurant to win up to $1,000 in energy efficiency improvements. Restaurants can also self-nominate.
Nominations will be open through June 30. Efficiency Smart will then select five restaurants as finalists and will hold a vote on its Facebook page between July 15 and 29. The restaurant that receives the most votes will win up to $1,000 towards energy efficiency improvements. In addition, three people will be selected to win a $50 gift card to the restaurant that they nominated.
Will you please help us increase awareness of the contest by sharing Efficiency Smart’s post on your Brewster’s social media channels?  
  • Efficiency Smart – Rebates. Heating and cooling make up the largest portion of the average household’s energy bill. Efficiency Smart offers rebates on products that can help you save on these costs, including a $750 rebate on cold climate air source heat pumps and a $100 rebate on air source heat pumps. Visit www.efficiencysmart.org/brewster-ohio and select “Home Energy Rebates” or call 877-889-3777 for more information on available rebates.
  • Efficiency Smart – “Buy Local” Program. For a limited time, Efficiency Smart is offering small businesses an increased incentive for purchasing qualifying LED products from a designated local business. Contact Bob Golden with Efficiency Smart at rgolden@efficiencysmart.org or (614) 468-4904 for a list of designated local suppliers and contractors or for more information.
  • Efficiency Smart - 2021 Retail Lighting. A participation agreement is in place with Belloni for reduced cost LED light bulbs. The inventory has been delivered.
  1. There will be a Tree Board meeting on Monday, June 14th at 10:00 am in Village Hall.
  2. The dedication for the Terry Fowler Field will be Monday, June 14th at 5:45 pm at Field 1.
  3. There is a Zoning Board of Appeals meeting on Thursday, June 17th at Village Hall.
  4. The Mayor would like to appoint Josh Hukill to the Zoning Board of Appeals for a 3-year term with Council’s blessing.
  5. The Mayor provided a letter of appointment for Danielle Nicewander as a full-time Police Officer.
  6. Request to go into Executive Session:
COUNCIL MEMBER RADICH MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to go into executive session for the purpose of considering the discipline of an employee of the Village of Brewster at 7:52pm with Council, Mayor, VA, Clerk, and Solicitor going to a private room.  The vote: All yes.
COUNCIL MEMBER LONG MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to exit Executive Session at 8:15 pm.  The vote: All yes.  No action was taken.
  1. Financial and Year-to-Date Reports were placed in Council Members mailboxes on June 2, 2021.
  2. The Invoice Report for tonight’s meeting was put in Council Members mailboxes and emailed Friday.
  3. The paperwork for creating new funds had been submitted to the State Auditors Local Government Services (LGS) for review.  I received a call from LGS to go over the specifics for the new funds and all were then approved.  We now have an ARP Fund, Cemetery Fund, Cemetery Endowment Fund, and Fire Capital Debt Fund. 
  4. First reading was given for the Fire Capital Debt Fund.  If passed, it will go into effect on August 5, 2021, and I can get the fund caught up for the first payment due in February 2022. 
  5. The Fire Equipment Capital Improvement Fund will also start growing if the legislation is passed starting with the August Fire Income Tax Collections.  A transfer is not permissible for a non-General Fund so I am setting up 4,000 per month going directly into the fund each month.
  6. The CD for the Cemetery Endowment Fund was opened on May 19th for $17,799.81 and will mature on 06/18/23.  The operating fund has not received the funds from the Welty Cemetery Association as they are waiting for a couple of checks to clear.  Buzz is contacting the recipients of those checks.
  7. I will be attending training in Public Finance Officers Training in Sandusky on June 16th – 18th
  8. So far 15 employees have provided proof of being vaccinated for the incentive bonus.
VILLAGE SPEAKS (Communications received by Council Members from Village Residents):
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.
First Summer Concert: Tim Gang on Friday, June 18th from 7-9pm at the gazebo.  Please bring your own chairs as the bleachers will not be available.
Tabled at Third Reading:  An Ordinance Authorizing the Village Administrator to Contract with Wood Electric to Install a Back-up Generator for the Police Department.  Still getting prices.  Chief Creter just received a call back for another quote.
OLD or NEW BUSINESS:Council Rules require a two-week waiting period before any expenditure of funds unless determined an emergency.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to approve Danielle Nicewander as a fulltime Police Officer and School Resource Officer for Fairless pending a background check, psychological test, drug screen, and physical.  The vote: All yes.
COUNCIL MEMBEERR FOX MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to grant Core & Main a 4-month extension for the AMI Project.  It was noted that if the parts are not available after the 4-months, Council would review again.  The vote: All yes.
COUNCIL MEMBER LONG MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to approve the purchase of 6 pieces of 4-inch hose at a cost of $3,150.  The vote: All yes.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to approve the appointment of Adam Haas as a probationary firefighter pending a physical, background check, and drug screen.  The vote: All yes.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER LONG to purchase a new flag for Village Hall.  VA Miller stated he would just take care of it.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to untable the legislation for the generator for the Police Station.  The vote: All yes.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to amend the ordinance for the Police Station generator to award the contract to Shanklin Heating and Cooling for a 22KW generator powered by natural gas and pay for it from the Police Income Tax Fund.  Gas pipes were also explained by Chief Creter.  The vote: All yes.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to appoint Josh Hukill to the Zoning Board of Appeals for a three-year term.  The vote: All yes.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to schedule Council of the Whole walk-about for the proposed electric building near the south substation off of West 7th St. on June 21st at 6:00.  The vote:  All yes.
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
Charles Hawk, Mayor