August 16, 2021 - Meeting Minutes

AUGUST 16, 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.
Charles Hawk, Mayor
Dale Fox, Council Member                           Thomas Hilliard, 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 August 2, 2021 Council meeting minutes.  Clerk King requested an amendment to the minutes.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to correct the date of the Finance Committee meeting from September 7th to September 20th at 6:30 pm.  The vote: All yes.
The vote to pass the amended minutes: All yes.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to accept the bills in the amount of $120,668.91.  The vote: All yes.
Ray Heitger, 317 East 7th St., as a member of the Recreation Board, asked Council to start thinking about a date to hold trick-or-treat so they can get started on the party planning.  He also asked about the date of the school’s Christmas break.  Clerk King stated that the school calendars were coming out in the mail.
Ben Grass, 657 Muskingum Ave N., talked to the Mayor and Village Administrator about trees in his front yard that are causing a mess.  There are rocks along the roots and some of the roots are above ground and damaging his mower blades.  He also stated there are acorns all over the yard.  He is requesting that the Village remove the trees and he will replace them with trees of his choice.  The issue is being referred to the Tree Board.
Chief Creter was at the meeting.  James McLain came into the meeting after the audience time.
There were no guests.
CONSIDERATION OF ORDINANCES & RESOLUTIONS: Titles of each read by Solicitor John Anthony
RESOLUTION 37-2021:  A Resolution Authorizing the Village Administrator to Advertise and Receive Bids for a Water Main Extension and Hydrant Addition for Brewster Parke and to Fund with the American Rescue Plan Fund was given third reading.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HESS to bring the legislation forward for passage.  Council Member Schwab asked the Village Administrator to refresh Council on the details.  VA Miller stated this resolution was contingent on the Village receiving the additional bucket of ARP funds available from the state. We will not put the project out for bid until we know the money is available.  The vote: All yes.
RESOLUTION 38-2021:  A Resolution Authorizing the Village Administrator to Prepare and Submit an Application to the Ohio Public Works Commission State Capital Improvement Program for Park Drive Rehabilitation Project Phase One, and Execute the Contracts as Required was given third reading.
COUNCIL MEMBER LONG MOVED, SECONDED BY COUNCIL MEMBER RADICH to bring the legislation forward for passage.  Council Member Schwab asked what the project entailed and the cost and where the costs would be coming from.  VA Miller stated the project would go from East Main St. to just below the levy.  The costs will be covered by OPWC funds and the Street Improvement Fund.  The construction would not start until 2023 at a cost of about $230,000.  The vote: Long, yes; Radich, yes; Schwab, no; Fox, yes; Hess, yes; Hilliard, no.  Motion carries.
RESOLUTION 39-2021:  A Resolution Authorizing the Village Administrator to Prepare and Submit an Application to the Ohio Public Works Commission State Capital Improvement Program for a Tuscarawas-Locustdale-Pinewood Water Line Replacement Project, and Execute the Contracts as Required was given third reading.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER HESS to bring the legislation forward for passage.  Council Member Schwab asked the Village Administrator to refresh Council on the project.  VA Miller explained that the waterlines on Locustdale from Wabash to Tuscarawas, Pinewood from Wabash to Tuscarawas, and Tuscarawas from Chestnut to Locustdale are being replaced.  We are using the ARP Funds that we have received and a match from Water/OPWC loan and/or grant.  The estimated cost of the project is $150,00-$18,000 with the Village’s match at 51%.  The vote: All yes.
Third Reading:  A Resolution Authorizing the Village Administrator to Prepare and Submit an Application to the Ohio Public Works Commission State Capital Improvement Program for West Main Street Reduction and Rehabilitation Project, and Execute the Contracts as Required.  VA Miller asked that this resolution be tabled at this time.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to table the resolution at third reading.  The vote: All yes.
RESOLUTION 40-2021:  A Resolution Authorizing the Execution of the 2025-2028 Fixed Volume Energy Supply Schedule with American Municipal Power, Inc. (AMP) was given third reading.  VA Miller explained that this was contingent on it being less expensive to use on off-peak hours.  Natural gas prices have gone up a $1.00.  The VA stated he will only act on it if given direction to do so by Courtney and Associates and AMP. 
COUNCIL MEMBER HILLIARD MOVED, AND COULNCIL MEMBER HESS SECONDED to bring the legislation forward for passage. Council Member Schwab asked if it would be prudent to pass under emergency and the VA agreed that it would.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to suspend the rule requiring three separate reading and bring the legislation forward for passage.  The vote: All yes.
The vote on the emergency legislation: All yes.
Second Reading: A Resolution Authorizing the Village of Brewster to Prepare and Submit an Application to the stark County 2021 Municipal Road Fund Program for West and East Elton and West and East 7th Street Improvement Project, and Execute Contracts as Required.
RESOLUTION 41-2020:A Resolution Authorizing the Amendment and Appropriation of Additional Funds for 18 Various Village Funds and Declaring an Emergency was given first reading.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to suspend the rule requiring three separate readings and bring the legislation forward for passage.  The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to approve the legislation as presented.  The vote: All yes.
RESOLUTION 42-2021:An Emergency Resolution to Accept the Material Terms of the One Ohio Subdivision Settlement Pursuant to the One Ohio Memorandum of Understanding and Consistent with the Terms of the July 21, 2021 National Opioid Settlement Agreement was given first reading.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to suspend the rule requiring three separate readings and bring the legislation forward for passage.  The vote: All yes.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to approve the legislation as read.  The vote: All yes.
Solicitor Anthony explained this is part of the July 21st Multi-state opioid litigation that started 2 years ago with the Attorney General (AG).  The Village signed a Memorandum of Understanding in
March of last year.  The Ohio AG has worked out settlements with 3 distributors and Johnson and Johnson as part of the overall settlement but particularly and separately with the State of Ohio.  This legislation officially confirms the authority of the Solicitor to execute the participation agreement form on behalf of the Village so the Village may obtain a distribution.
  1. FIRE DEPARTMENT:  Chris Colucy (excused)
Chief Colucy was unable to attend the meeting but provided a list of the following items to be discussed:
  1. I will not be in attendance because I will be working again.  VA Miller is going to bring up the radios for me and we need a decision this meeting because we only have to the end of the month to order any radios for the discount.  If we do not order the radios, we will lose the $1600.00 credit for the radio trade in.  VA Miller addressed the radios and discussed the Police Department buying 5 new green radios (waterproof and larger button for using with gloves) and giving them to the Fire Department in exchange for 5 of their black radios. Chief Creter was asked if he was alright with this exchange and he stated that worked for his department. 
  2. Also, we are going to have an open house for the new addition on October 9th from noon to 3 pm.  Then we are going to have an Oktoberfest from 4 PM to whenever down at the park.  I am requesting council to approve for me to get a beer permit so we can serve beer with the food we are going to have.  I am going to try and get a band to play down there.  We are going to have food, games, blow up bounce houses for kids, and entertainment.  We have someone to donate their time to cook our food for us.  Again, I need approval to sell beer at the park so I can apply for the permit.  Council Member Hilliard wants there to be an ending time for the October Fest.  Council Member Long discussed a possible conflict with soccer.  He would like to table permission until he and the Chief can work things out.  Council Member Hess also wants to see an ending time for the event.
  3. I would also like you to mention what direction the council wants to go with an ambulance.  If we order one today, we are at least a year out from receiving it. 
  4. No news on the AFG Grants we have out there.  They have started awarding fire departments the awards.
  5. We are 100 calls ahead of last year.
  6. Tuscarawas Twp. contract is up at the end of the year.  I am preparing a list to them of what I would like to see in the next contract and will have it to them for their next meeting to review.  I have already talked to them about more money to help with cost of aging equipment and to help staff our department.
  7. The firemen’s association purchased a Kodiak rescue set for $2500.00 that helps stabilize vehicles on auto mobile accidents.  They have two to three times the lifting power than what we currently have.  I am requesting that council purchase the (LIFT EXTENDERS) for $1600.00 apiece.  I need 2 of these for a total of $3200.00.  This is an important tool to go with the Kodiak set.  These lifters are on back order, but we would like to purchase these now. If they could approve this purchase, I would appreciate it.
  8. Lastly, I talked to VA Miller about this, but Trevor Heaton is on the Stark County HAZ MAT team.  Whenever he is dispatched, he represents Brewster to an incident.  All other members of this team are paid thru their respective departments for their service on a call.  I would like council to approve his time and pay him for any calls he goes on with the HAZ MAT team.  VA Miller can talk to you more on this and brief council on this also.
Council Member Hilliard stated he was expecting a pool water policy as requested at the last meeting.
Council Member Schwab was expecting to see a 5-year priority list from the department.  VA Miller provided the list used prior to the election for the income tax increase.  It included a building addition (done), staffing (doing), turnout gear (waiting on grant), SCBA (purchased), and $240,000 for maintenance and replacement of equipment.  We are currently setting aside $4,000 per month in a fund which will amount to about $210,000.
  1. POLICE DEPARTMENT: Chief Keith Creter
Chief Creter provided the following report to Council:
  1. July 2021 Monthly Activity Report = 996
  2. Officer/SRO D. Nicewander has completed her 40-hour training and is now a certified SRO with the State of Ohio.
  3. The Fairless Schools are in session Wednesday, August 18th, we will be stepping up traffic enforcement in the school zones during the restricted times. Remember to obey all reduced speeds in school zones, watch for students at bus stops, and obey all traffic laws at bus stops.
  4. Impaired Driving/Drug-Impaired Driving National Enforcement starts August 18th, ends August 31st, 2021. We will be conducting extra OVI Saturation enforcement throughout this time frame.
  5. Council Member Schwab noticed the invoice for the vests in the bills and asked if they had been received.  The Chief stated they have been measured for and ordered.  The Village has to pay in advance and will be reimbursed 76% of the bill.
  6. Council Member Hilliard congratulated him on his anniversary.
Please refer to the Legislation Section.
Council received the Village Administrator’s report last week to review.
COUNCIL MEMBER LONG MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to accept the VA’s July 20th through August 16th, 2021 report as written and emailed to Council and to enter it into the record of tonight’s Council meeting.  The vote: All yes.
Administrator’s report for period 7/20/2021 thru 8/16/2021:
Ø  EPA Water System Inspection - Recommendations. The Village also 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 request a Public Utilities Committee meeting to review what steps we need to or are taking to address those recommendations.
Ø  Water Department & EPA Recommendations - Hydraulic Model of the Distribution System. Following an inspection, in June of this year, the Village received a report with observations and recommendation from the Ohio EPA regarding the Village’s water system. One of the items the EPA recommended was:
5. Distribution – It is recommended that you work with a third party to complete a hydraulic model of the distribution system to improve your knowledge of water flow within your system. By knowing where flow is susceptible to stagnation, modifications can be made to the system to improve water flow, reducing water age, and potentially improving water quality.
In addition to the EPA’s recommendation on a hydraulic model, the Village has another reason to pursue having a hydraulic model of the distribution system completed, the best example of which is the Tuscarawas/Locustdale/Pinewood Water Line Replacement Project. The EPA has concurrently “encouraged” the Village replace all its 4-inch distribution lines with a minimum of 6-inch lines for fire flow and to meet the “Ten States Standards”. The Tuscarawas/Locustdale/Pinewood Water Line Replacement Project is being designed with 6-inch lines, because that doesn’t require a separate more involved process for EPA approval (6-inch meets “Ten States Standards”). Our Water Department believes that increasing the size from 4 inch to 6 inch will further increase stagnation, potentially reducing chlorine residual and negatively affecting water quality. However, because of the “Ten States Standards” for Brewster to retain (replace) the 4-inch lines with new 4-inch lines we need to be able to “prove” to EPA that the water quality will be negatively affected by increasing the pipe size. That proof takes the form of a hydraulic model of the distribution system being completed by a third party.
Some of the Water Department staff believes a hydraulic model of the distribution system is a waste of funds/time. However, in addition to the “recommendation” from EPA, without hydraulic model of the distribution system the Village stands very little chance of convincing the EPA that our Water Department staff is right about water quality in the distribution system, and that the “Ten States Standards” should be waived (are wrong in our case) and that the Village needs to keep our 4 inch lines (any of them) rather than increase them all to 6 inch lines to preserve water quality.
So, to get a hydraulic model of the distribution system being completed by a third party we have to hire an engineering firm. Hiring an engineering firm, without going into the precise details I have previously provided Council, requires ranking of the firms that responded to the Village’s request for statement of qualifications, then beginning with the top ranked firm attempting to negotiate both a scope of services and a price. If an agreement cannot be reached on a scope of services and a price with the top ranked firm, then negotiations with that firm are terminated and the process to arrive at an agreed scope of services and a price is started with the second ranked firm. I am in negotiations with the second ranked firm to provide an agreed scope of services and a price to complete a hydraulic model of the Village’s water distribution system.  I will keep Council updated on the progress.
  • Water Department – Backflow Prevention & EPA Notice of Violation. The Ohio EPA has accepted the Village’s written response and compliance timeline. 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. 
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 and implementing the Village’s Agreement with BSI.
  • Filter Media Replacement Project. The Filter Media Replacement Project is being bid. The timeline is:
  • 1st   Advertisement 8/18
  • 2nd Advertisement 8/25
  • Open Bids 9/15
  • Tentative award of contract at the 9/20 Council meeting
  • Community Room – American Rescue Plan Funding. The estimated amount of American Rescue Plan Funds we believe that Brewster is slated has been reduced to $225,529. 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.
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. 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).
We have the construction drawings complete. I am reviewing the plans/costs with the Architect. I do NOT recommend any more steps be taken 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. 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.
The architect has revised the base bid so that the amount of the estimate will be as low as possible. There is an alternate to complete all the work. The Clerk-Treasurer and I are confident that the base expenditure qualifies for use of ARPA funds. So, I would ask Council authorize preparation of an Ordinance to advertise and receive bids for the completion of a new Council Chambers (which can also be used by the community) so that Council meetings can be held in compliance with CDC Guidelines of 6-feet apart.
  • Paving Program 2022. Work has begun to identify what streets should be included in the 2022 Paving Program. McKinley from 7th to 2nd 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, at this time 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 to 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.
  • OPWC 2021 Applications for Fund Year 2022. We received the schedule for OPWC Applications for 2022 funding year. The deadline for applications is September 17th, 2021. It will be submitted online this round. Possible projects to submit for OPWC Funding are below.
  • 2021 Potential OPWC Project – Tuscarawas/Locustdale/Pinewood Waterline Replacement. As I previously indicated, the water line on Tuscarawas between Locustdale and Chestnut needs replaced, as do the water lines on Pinewood and Locustdale due to two (2) factors. The first is age. The water lines are in excess of 60 years old and sandcast iron. The water line to the north (same vintage) in Tuscarawas between Chestnut and Harmon was replaced in 2018. The second is the prospective paving of Tuscarawas between Chestnut and Locustdale. The Water Superintendent indicated that the water lines on Tuscarawas should be replaced prior to/concurrent with paving or rebuild, as stress on cast iron water lines that are over 60 years old (or more) might cause breaks, requiring tearing up new pavement if they are not replaced prior to or concurrent to paving/rebuild. The plan is to get the water line replaced, and after the water line is replaced determine whether Tuscarawas between Chestnut and Harmon, as well as Pinewood and Locustdale, need to simply be repaved or need to be completely rebuilt. Based on that determination, the Village can either add it to a future Paving Program or prepare specs for a rebuild and apply for a subsequent grant. A PRELIMINARY cost estimate is $251,155.00.
As with the Brewster Parke Water Line Extension & Hydrant Project, I plan to submit an application for the Ohio Water & Wastewater Grant. As previously stated, the Ohio Water & Wastewater Grant is a separate source of ARPA funds from the State of Ohio, administered through ODOD from the County.
  • 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.  I am requesting that this ordinance be tabled and no OPWC be submitted in 2021.
I have provided a “final” drawing of the “road reduction” project proposed for West Main between Lincoln and Washington. The “intrusion” into the properties on the north side is 6 feet from the back of existing curb. On the south side the “intrusion” is approximately 5 feet. ALL of the “intrusion” is within Village right-of-way, which from the back of curb is approximately 14-15 feet on the north side and 9-10 feet on the south side. Moving the curb out on the south side made both sides essentially equal. Moving the curb out also saves costs to pave this portion of West Main in the future. The sidewalks are in line with the Comprehensive Plan the Village adopted in 2014.
However, after some reflection, I am requesting Council table this project (will still complete quantities/plans for possible future use). The reasons are:
  • First and foremost, this project requires a match, and with Park Drive Phase 1 also in the plans for a 2021 application, in my opinion having both of those projects at the same time will take too large a percentage of the Villages Paving Program Funds in 2022-23 (set aside).
  • Park Drive Phase 1 is a higher priority in my opinion, due to traffic count, because of the narrowness of Park Drive safety concerns, completing another portion of the Safe Routes to Schools path
  • Balancing the amount of work needed to be done by the Clerk-Treasurer. For 2022 “we” potentially have:
  • 2022 Paving Program
  • Safe Routes to Schools Path at Middle/Elementary School (ODOT)
  • Tuscarawas/Locustdale/Pinewood Water Line Project (OPWC &/or State ARPA)
  • Brewster Parke Water Line & Hydrant Project (State or Local ARPA)
  • Park Drive Phase 1 Project (OPWC)
  • Sanitary Sewer Main Project between 4th & 5th Streets (CDBG)
  • the Mayor and I having multiple meetings with residents,
  • a Council committee meeting on site,
  • multiple e-mails, and
  • multiple entries in the VA Reports,
  • For all those projects (except to an extent SRTS), “we” have to set up separate funds, document matching costs, and perform prevailing wage tasks as well as inspect. That is the tip of the iceberg.
  • CONFUSION – despite the facts that
yet there continues to be misinformation.
So, frankly with all the applications that need to be prepared and coordination with engineers and the Clerk-Treasurer to do so (ARPA are due before August 20th; OPWC are due before September 17th ; MRF due October 1st) combined with current projects, for me it makes sense to concentrate on the projects with less or no confusion. In addition, because of the confusion, even if the Village turns in an application, it may potentially have to reduce the scope (eliminate sidewalks), which affects the Village’s credibility and would potentially therefore negatively affect future applications. So, I plan to concentrate on the remaining projects and reducing the Clerk-Treasurer’s future burdens as well.
The Village can potentially visit the project again in 2022 (plans and specs completed and would just need updated). However, my projection is that it is not likely because the window may close because this portion of West Main needs paved. With a 2022 OPWC application, the project wouldn’t be able to be bid/constructed until 2024, and this portion of West Main will probably need paved before 2024.
  • Jefferson Ave Sanitary Sewer Replacement Project. This project is all done except for the billing. We are assisting Stark County in attempting to get all the required information from Shelly. Shelly has submitted a final bill, but because it didn’t match up with approved change orders, Thrasher reviewed the bill. They are now discussing discrepancies with Shelly so a final bill can be approved and paid. The Clerk-Treasurer has been working in the meantime to submit documentation to OPWC of project costs that the Village expended but for which reimbursement is not being requested, such as the design drawings/specifications and the $441,959 in CDBG funds that count as the Village’s match, so that when the final payment request is made, there will be no impediments.
  • Sanitary Sewer Main Replacement Project. One of the projects I wanted to try to turn into the Ohio Water & Wastewater for an American Rescue Plan Grant administered through ODOD through the County was the portion of the sanitary sewer main north of where we just finished at 5th Street and Jefferson to 4th Street.
This portion of the sanitary sewer main was initially going to be part of the Jefferson Project, but was removed when issues regarding easements and more importantly, whether there was enough support in the soil (swamp) to install a new pipe. Soil tests show there could be some very expensive supports needed IF we replaced the sewer line.
However, I have solicited a proposal from Thrasher to proceed with a much less expensive fix: lining the existing sewer line (and replace the manhole at 4th Street). The process will be cleaning and TVing the line to make sure it is a good candidate for lining, then if its a good candidate prepare specifications for the project.
Since we will miss the window (August 20th) for the Ohio Water & Wastewater for an American Rescue Plan Grant, my back-up plan is to continue to pursue this option and to submit it for a CDBG Grant, similar to what we did for Jefferson. We can, depending on cost and timing and eligibility, also use our “local” ARPA funds or see if another round is opened for applications through the Ohio Water & Wastewater for an American Rescue Plan Grant process.
  • Municipal Road Fund -2022 Application. At this point I am resigned to the fact that Chestnut will not be added to the MRF eligible roads in Brewster. We are down to Elton, Wabash, and 7th Street. So, I suggest that Council apply for a percentage of the cost for those roads, to be banked or set aside each year, beginning in 2022. As asphalt lasts 10-12 years, and all three (3) are at least two (2) years old, I suggest we apply for 10% of the cost of each in 2022, to be set aside for 2032. 7th Street was $227,000. The Villages share of Elton was $80,000 west of Wabash and $45,000 east of Wabash. Not factoring for inflation (can be added to later years) that comes to $22,700 for 7th Street; $8,000 for Elton west of Wabash; and $4,500 for Elton east of Wabash.
 The application deadline is October 1, 2021. I would ask that Council authorize legislation.
  • Brewster Parke Hydrant Project. W.E. Quicksall has finalized 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. A Permit to Install has been submitted to the Ohio EPA. I am reviewing W.E. Quicksall’s estimate with them. Based on the estimate, the project will have to be formally bid.
Easement(s) have been completed, and also need to be signed/executed.
The plan has been to utilize OUR American Rescue Plan Funding. 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.
HOWEVER, a new development has occurred. At 9:27 am on August 5th I received an e-mail from Stark County notifying the Village that applications are available for the Ohio Water & Wastewater Grant. The Ohio Water & Wastewater Grant is a separate source of ARPA funds from the State of Ohio, administered through ODOD from the County. The Stark County Engineer is to create/submit a list (prioritized) to ODOD of eligible projects from Stark County political subdivisions. While the money is available until it runs out, the County Engineer has to turn the prioritized list in (deadline) by August 20, 2021. Because of the short time between August 16th and August 20th, and because there is discussion that first projects in may be first funded or get additional points, I turned in Brewster’s first application at 11:14 am August 5th for the Brewster Parke Water Line Extension & Hydrant Project.
So, while Council has legislation to proceed with authorizing bidding the project, which was intended to be contingent upon ARP funds being deposited into a Village account before passing (it has), I would ask that the legislation be passed with the understanding that the project will not be bid out until we find out our whether we are able to get ARPA funds from the State of Ohio.
  • Electric Substation – SCADA (Supervisory Control and Data Acquisition System).  Work continues by GPD and the Electric Department on the SCADA system at our substation. I will keep Council informed as to the progress on the project. We are still at approximately 80% complete.
  • AMPT – Second Transmission Line. I participated in a virtual AMPT Meeting Thursday August 12th. AMPT has held follow-up meetings with AEP regarding Brewster’s second transmission line. The discussion is about connecting to a proposed new AEP substation near Wilmot. AMPT is also still cooperating with both AEP and First Energy regarding the second transmission feed to Brewster that will essentially interconnect the two utilities. The projected completion date for the second transmission line is December 12, 2024. AMPT is also attempting to work with PJM to create more stability/predictability in PJM processes and decision making.  I will keep Council informed when new developments occur or when new information arises.
  • Legislation Authorizing Purchase of 1 or 2 MW of Off-Peak Block of Power for 2025-2028. I have forwardedlegislation and an associated exhibit for the potential purchase of 1MW or 2MW of off-peak power through AMP. Both Courtney and Associates, the firm that has been preforming Brewster’s rate studies, and AMP, recommend using the market or AFEC to cover our energy shortfall beyond 2024. In this case we are looking at 2025-2028. Both agree that at this time Brewster is better off covering our off-peak needs in 2025-2028 by either buying from the hourly market or running AFEC, whichever one is cheaper. However, Courtney and Associates added “… that is our recommendation for now.  If we see an upturn in the market that recommendation may change, but for now the projected energy market prices appear to be stable.”
In the past month natural gas prices have raised $.50 per MCF, and although the recommendation remains the same if the trend continues, we want to be in a position to lock in rates BEFORE it becomes more expensive than our current option.
Reacting to a market change very likely needs to be done quickly. However, because Brewster (like nearly every other City/Village) is slow to enact legislation, we still should pass an ordinance in place with AMP to buy a 1 or 2 MW off-peak block of power for 2025-2028 to hedge our bets, not for immediate implementation (or maybe never depending on the market). Having an ordinance/agreement in place will allow the Village and AMP to act quickly IF there is an upturn in the market that would change your recommendation not to buy a 1 or 2 MW off-peak block of power for 2025-2028 to hedge our bets. If the market changes and we do not have an ordinance/agreement in place with AMP, and Brewster approaches the purchase as a non-emergency (like Council prefers to do), that means time to get an ordinance in place, three readings, and 30 days to take effect. That is approximately 3 months, which is an eternity if we are attempting to react to an increase in market rates that would require hedging our bets. We would be way behind the curve, and maybe back to our higher rates that we are just now seeing go off the books from 2010’s.
Legislation is before Council to adopt an ordinance with the associated exhibit to buy a 1 or 2 MW off-peak block of power for 2025-2028 to hedge our bets. It will be in place IF NEEDED in the future due to market changes.
  • Electric Department Garage. Work continues on the plans for the proposed new Electric Garage, to be located in the open area of the Substation. We are moving forward on a new 7 bay Electric Garage and office. EA Engineering has revised the agreement for preparing plans to adjust for the change in the Village’s plans. I have reached out to both GPD and AMPT to ensure that the location we pick for the building will not impede a future ring bus in front of the substation. We have a meeting set up with AMPT to review our plans on site.
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.
As I indicated in the Committee Meeting site walkthrough, the estimated cost will not be known until more work is done by EA on complete plans, versus the layout currently available. As I also indicated, based on a high estimate of $500,000, our firm that provides rate studies, Courtney and Associates, the Electric Department Budget can absorb the cost without an increase in rates.
  • Advanced Meter Infrastructure (AMI). The AMI Project is winding up. Virtually all the meters have been installed and programmed. RNI training has been completed.
To complete the process of integrating Sensus Analytics into our billing software, our applicable employees will be training on September 9th on Sensus Analytics.
As I indicated previously, the Electric Department has come up with a revised list of 60-amp services while installing their new meters, so I will be getting together a communication for those properties/meters.
  • Electric Department – Transfer Bus. The Electric Department continues to work on the transfer bus at the Substation. It is approximately 45% complete. the outgoing transfer bus at the Substation. The transfer bus is used to divert power from a feeder line that has a breaker issue. If a breaker has an issue power can be put on the transfer bus and restored (fed) to the distribution feeder that has the breaker issue.
  • Electric Department – New 7th Street Line. So that the poles in the path on the north side of 7th Street can be relocated, the Electric Department will be renting an 80’ track bucket to finish the 7th Street line. The track bucket is needed to work in the easement across the US Corps of Engineer’s property, which is wet under normal conditions but with recent rains is extremely wet. The rental cost is $6500 plus the cost to deliver and pick up of $855 each way.
  • Decorative Street Lighting – Wabash north of Underpass. Work has begun having conduit installed for the installation of decorative lights north of the underpass.
  • Post Garage Sale Clean-Up. Council indicated it was interested ina post garage sale clean-up. Miller Refuse is able to do it August 28th and 30th. North side on Saturday August 28th. South side on Monday August 30th. Cost last time $5,700. Cost this time $6,000.
Does Council wish to proceed with the post garage sale clean-up?
  • Mosquito Spraying – Stark County Health Department. The tentative remaining dates for 2021 mosquito spraying for Brewster Village, which are of course subject to change and dependent on weather, are:
  • August 24, 2021
  • September 1, 2021
Spray dates affected by weather will be rescheduled as soon as possible. The Stark County Health Department will also take care of placing notices in advance of each spraying.
  • Handicapped Access – Bimeler Park from Second at SE Corner. The contractor completed sidewalk option for handicapped access to Bimeler Park from 2nd and Wandle Court for as well as replacing the portion of walk/path removed during installation of the storm sewer last year.
  • 456 1st Street SW. The property at456 1st Street SW has been mentioned to me again. The last time it was brought up was 2019. The situation has not changed. The only “violation” at this point is that the property remains vacant, and that in itself is not a violation that we can take action on without something more.
  • The owners have paid all taxes - taxes are still current (I have checked on previous occasions).
  • The Police Department has checked, and the trailer is secured.
  • The grass has been cut and is staying in compliance with Village ordinance. I previously spoke to the property owner, who indicated they will continue to maintain the property and they have. I have continued to observe, and they have been maintaining the property.
  • The “garage” has no door, but that is an issue that exists at many properties in Brewster. No requirement for garage door. Different take on carport, which we allow.
This is not really different than 287 Wabash North, except that while vacant the Village must continue to have the grass cut at 287 Wabash N and place the bills on the taxes.
  • Storm Drainage Projects. The current list of storm sewer projects in their priority order, with updates on their status:
1.       Yard Waste Drop-off pad - the extension of the Yard Waste Drop-off cement area is complete. A final/second catch basin has been installed. 
  1. Cleveland Ave south of Main on east side – failed catch basin
  2. 12935 Elton Catch Basin/junction Box relocation
  3. East end of 1st Street SE
5.       Catch basin on Tuscarawas to address sump pump
  1. East Main Street Drainage.
  2. Dartmouth/Amherst relief line
  3. Open ditch east of Mohican
  4. Drainage from Harmon west of 264 Harmon.
  5. NEW ADD ON –Drainage to the west of the WANDLE House
  6. NEW ADD ON –drainage on north side of 7th west of Baymere
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.
  • Internet Sales. We are now in a position to be 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. The registration process has been completed by the Clerk-Treasurer. We are waiting to post our first items (2 Police Department vehicles) online until August, with a plan to set the minimum bid at the same amount the Village could get for scrapping the vehicles.
  • Efficiency Smart - 2021 Retail Lighting. A participation agreement is in place with Belloni’s for reduced cost LED light bulbs. The inventory has been delivered.
  • 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 increased 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 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 or (614) 468-4904 for a list of designated local suppliers and contractors or for more information.
  • Appliance Recycling Rewards. The Appliance Recycling Rewards program is back for a limited time. There is a brochure that is available in Village offices.
  • Home Energy Rebates. Home Energy Rebates have been increased for many measures through the end of 2021. There is a brochure with details as to the amounts available in Village offices.

  • Items the VA wished to emphasize:
  1. Tentative contract for Fall Cleanup:  August 28 and August 30 at a cost of $6,000
  2. 7th Street closure for a short period of time on Tuesday.
  3. Council Member Hilliard would like an updated list of Street projects.
  4. Council Member Schwab complimented the VA on the handicap ramp by the park.
  1. Appointment of Dale Youngman to the Cemetery Board for the remainder of Buzz Belloni’s 6-year term.
  2. Discussion on the Fire Department’s use of the park (Field 1) on October 8th for an October Fest starting at 4:00 pm.  Holding off until the Chief and Council Member Long work out the possible soccer schedule conflict.
  3. The Fire Department would like to request permission for a beer tent and apply for a permit.
  4. Mosquito complaints: The Mayor had received several complaints that areas were not being covered by Stark County from Village residents.  Mayor Hawk had VA Miller contact stark County and arrange for a ride-along.  There was one area that wasn’t covered, and the County now knows to spray at that location.  The Mayor stated he had a nice evening and enjoyed the company of a nice young man that does the spraying for Stark County during his summer break from law school.  The Mayor verified that every street and area is sprayed.  As a side note, VA Miller stated that one barrel of spray three years ago had a cost of $10,000 for the Village to spray.
August 16, 2021
  1. I’ve prepared two pieces of legislation for Council.
  2. I’ve completed the 2022 Alternative Tax Budget and submitted it to the Stark County Budget Commission.
  3. I’m continuing submissions for the Jefferson Project and starting to gather information for the Yard Waste Center Grant.
  4. Vogley-Muskoff has sent the paperwork for the insurance renewals.  This includes Motor Vehicle Report Release Forms for employees.  All but 3 part time Police Officers and 7 Firemen have turned in their forms.
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.
  1. VA Miller reported on the Council of the Whole meeting to discuss the EPA’s recommendation for our water system.
Concert in the park on Friday, August 20th: Spicy Rhyme at 7:00.
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 RADICH and motion carried to create legislation to accept a contract for the Water Filter Media Replacement Project.  The vote: All yes
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to schedule a Tree Board meeting on August 18th at 10:30 am.  The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to accept VA Miller’s proposal of purchasing 5 new green radios by the Police Department that are to be swapped for 5 of the black radios.  The vote: All yes.
COUNCIL MEMBER HESS MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to invoice the Firemen’s Association for the $375 pool cleaning that was taken out of the Water Fund.  The vote: Long, yes; Radich, no; Schwab, yes; Fox, yes; Hess, yes; Hilliard, yes.  Motion carries.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to permit the Fire Department to apply for a Liquor License for the park contingent on those working it have TIPS training.  The vote: All yes.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to have a Fall Cleanup at a cost of $6,000.  Council Member Hilliard thinks that is a crazy amount of money and would like to see dumpsters at the park parking lot.  Council Member Fox stated the problem with that was in the past people just kept bringing junk long after the event was over and the Village had to continue to spend money getting rid of the junk and it was an eyesore. Mayor Hawk would like to give residents an opportunity to clean up their homes.  The vote: Long, yes; Radich, yes; Schwab, no; Fox, yes; Hess, no; Hilliard, no.  The Mayor broke the tie with a yes vote.  He stated he wants our town to be cleaned up.
Council Member Hilliard asked if the Fire Chief said anything about the Kodiak thing.  IT was not mentioned.
There was a discussion on firemen that work at two departments should split the cost of their education between the two departments.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to adjourn the meeting at 8:13 pm. The vote: All yes.
Respectfully submitted,
Kris King, Clerk-Treasurer
Charles Hawk, Mayor