November 1, 2021 - Meeting Minutes

NOVEMBER 1, 2021
7:00 P.M.
Brewster Village Council met in regular session with Mayor Chuck Hawk presiding.  Roll Call was taken.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to appoint David Godwin as a Council Member to complete Council Member Hilliard’s term of office.  The Vote: All yes.
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                           David Godwin, Council Member
Andrew Hess, Council Member                    Brett Long, Council Member 
Sydney Radich, Council Member                 Michael Schwab, Council Member
John Anthony, Solicitor                                  Kris King, Clerk-Treasurer            
Michael L Miller, Village Administrator
  1. Mayor Hawk read letter of resignation from Police Chief Keith Creter.
COUNCIL MEMBER RADICH MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to accept the resignation of Chief Keith Creter effective November 6, 2021.  The vote: All yes.
2. FIRST READING/EMERGENCY: An Ordinance Appointing Nathan W. Taylor as Police Chief of the Village of Brewster on an Emergency Basis effective November 7, 2021.  The Solicitor introduced ORC 737.13 that states an appointee must have a physical and present it to the Ohio Police and Fire Pension Fund for approval.  Following a discussion about the physical, it was decided that the appointment could not be made until a physical could be performed.  Capt. Nathan Taylor will continue to be acting Chief until he passes a physical and drug screen.
3.  Mayor Hawk approved the recommendation of Acting-Chief Taylor to promote/appoint James West from part-time Patrolman to full-time Level One Patrolman contingent upon passing a physical, psychological examination, and drug screen.  Acting Chief introduced James West to Council.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to promote/appoint James West from part-time Patrolman to full-time Level One Patrolman contingent upon passing a physical, psychological examination, and drug screen.  The vote: All yes.
4.  Mayor Hawk requested Council consider the appointment/promotion of a seventh fulltime Patrolman.  Council Member Schwab asked Clerk King how this would fit into the budget.  Clerk King stated that former Chief Creter had explained that a seventh full time Patrolman would almost alleviate the use for part time Patrolman which was an average cost of around $40,000.  Clerk King stated she would only feel comfortable reducing the amount by $30,000.  Then if you would consider the fact that the Captain’s wages would be reduced by filling the void with a Level One Patrolman there is another at least $20,000 depending on which insurance plan was needed.  Clerk King recommended that the wages and benefits be split 75/25 between the General Fund and the Police Income Tax Fund.  This position and the percentages will have to reviewed annually and the percentages may need to be adjusted at that point.
COUNCIL MEMBER RADICH MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to approve the appointment/promotion of a seventh full time Patrolman contingent upon passing a physical, psychological examination, and drug screen.  The vote: All yes.
Mayor Chuck Hawk asked if there were any additions or deletions to the October 18, 2021 Council meeting minutes.  
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to accept the bills in the amount of $ 932,017.05.  The vote: All yes. 
Ray Heitger, Fire Chief Chris Colucy and Acting-Police Chief Taylor. 
There were no guests.
CONSIDERATION OF ORDINANCES & RESOLUTIONS: Titles of each read by Solicitor John Anthony
RESOLUTION 51-2021: A Resolution amending Resolution 35-2012 Authorizing Appropriation of the Moneys received in the Second Half of 2021 of the Sugarcreek and Tuscarawas Townships’ Fire and Ambulance Contracts temporarily diverted to the Ambulance Replacement Fund was given third reading.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to approve the legislation as presented.  The vote: All yes.
RESOLUTION 52-2021: An Ordinance Amending Ordinance 26-2013 to remove “for Continuous period of longer than 24 hours” from Schedule B(2) of Schedule III Parking of Commercial Vehicles of Codified Ordinances was given third reading.
COUNCIL MEMBER LONG MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to approve the legislation as presented.  The vote: All yes.
Second Reading: An ordinance Authorizing the Adoption of an Employee 9.03 Resignation Policy and the Addition of the Policy to the Village Employee Handbook.
Second Reading: An Ordinance Authorizing the Adoption of a Process in Conjunction with an Employee 9.03 Resignation Policy.
Second Reading: An Ordinance Amending Ordinance 93-2017 and 66-2020 to adjust the compensation of Village Employees for 2022.
First Reading:A Resolution Authorizing the Village Administrator to Acquire an Easement on/in Parcel Number 7000048 in amount of _______.
First Reading: A Resolution Authorizing the Village Administrator to Purchase Parcel Numbers
7000300 and 7000302 in an amount of $4,500.00.
First Reading: A Resolution Authorizing the Village Administrator to Acquire an Easement on/in
Parcel Numbers 7000814 and 7000917 in an Amount of __________.
First Reading: An ordinance Authorizing the Village Administrator to Execute Consent Legislation for Safe Routes to School.
First Reading: A Resolution Granting Falcon Baseball & Softball for Use of Village of Brewster
Baseball and Softball Fields for 2022.
RESOLUTION 53-2021: A Resolution Authorizing the Village to Accept Donation of an Easement for a Water Extension and Hydrant Addition and declaring an emergency was given first reading.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER HESS and motion was approved 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 LONG and motion carried to approve the legislation as presented.  The vote: All yes.
First Reading: An Ordinance Authorizing an Increase in the Purchase Price of a Digger/Derrick Truck for the Electric Department.
First Reading: An Ordinance Awarding a Contract for the Construction/Remodeling of a Portion of the Former Brewster Fire Station to Address COVID Compliance.
RESOLUTION 54-2021: A Resolution of Appreciation to Mr. Robert Luckring was given first reading.  Clerk King read the resolution to Council.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to approve the legislation as presented.  The vote: All yes.
RESOLUTION 55-2021: A Resolution Authorizing Entering into Contract for the Water Filter Media Rehabilitation and Replacement Project
COUNCIL MEMBER HESS MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to untable the resolution.  The vote: All yes.
COUNCIL MEMBER LONG MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to approve the legislation as read.  The Village Administrator stated this is for the base bid.  He explained that the figures in the resolution are worst case scenario.  Once we open the vessels, we may discover that not all items on the bid will need to be completed.  The vote: All yes.
FIRE DEPARTMENT: Chief Chris Colucy
  1. There are 759 calls to date.
  2. The Chief is requesting the renewal of a contract for “I am Responding”.  This is a program that alerts the members of the Fire Department when someone is on their way to the Fire Station.  It can also be connected to other stations for assists when additional personnel are needed for mutual aid.  Clerk King went over the different plans and costs for each.
  3. The Chief received a notification that the pumper grant had once again been denied.  The Chief was not surprised and will try again through Gatchell Services.  The department received a grant for the turnout gear this year.
  4. The Chief received an email from Lifeline concerning an ambulance with a Dodge chassis.  The cost was $245,000 for Perry’s recent purchase of a Lifeline.
POLICE DEPARTMENT:  Acting-Chief Nathan Taylor
  1. Capt. Taylor thanked Council.  He stated the department has been running very well for the last five years and plans to keep it running smooth.
  1. The Solicitor created an easement for the Brewster Parke waterline and now that the legislation has been passed, he will be able to file it.
  2. He has been working on the noise ordinance.  He has been reviewing other community ordinances.  So far he has found the 85 decibels to be the standard.  There has to be a reasonable basis in order for the legislation to hold up in court.  Otherwise, it will be attacked.  Council Member Long asked if the legislation had to have a decibel level.  Solicitor Anthony will look into this idea but there has to be a way to enforce it.
Council received the Village Administrator’s report last week to review.
COUNCIL MEMBER LONG MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to accept the 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 10/19/2021 thru 11/1/2021:
ØFilter Media Replacement Project. We opened bids October 29th, and we received a bid. The base bid was $381,792, within 10% of the estimate of $365,800. We will be getting a recommendation from CT on the bid as well as the alternate.
There is the potential for significant savings from the base bid amount. Split out were amounts for:
  • Filter 1,2, & 3 Tank Internals - $69,075
  • Filter 4 Tank Internals - $36,017
  • Pit Filter - $5,088
Those items were split out because we won’t be sure they need replaced UNTIL we remove the filter media. Once the filter media is removed, IF the tank internals for example are in good enough shape to clean and remain, then we can deduct the corresponding amount from the contract. This approach is far superior to including those costs and attempting to negotiate the reduction after the fact. That will be a decision that will be based on the condition and projected life expectancy (time until next filter media replacement) rather than on cost. The tank internals have to last as long or longer than the period to next filter media replacement.
There are OPWC funds for this project. We received $94,080 in an OPWC Grant and $62,720 in a loan, so the Village’s share at maximum on the base bid should be $224,922. One final note is that even with rebidding, we believe we can still meet the May 2022 deadline we have in our OPWC Grant/Loan Application.
  • Brewster Parke Hydrant Project.  Easement(s) have been completed. The easements have been signed and are awaiting Council action to accept. Brewster Parke Hydrant Project can be put out to bid once Council takes action to accept those easements. This will be funded with Brewster American Rescue Plan Funds.
ØWater Department & EPA Recommendations - Hydraulic Model of the Distribution System. CT Consultants has begun field work necessary to construct a Hydraulic Water Model for the Village. They have taken water pressure measurements. The target is to have it complete before the end of the year.
  • Sanitary Sewer from Jefferson & 5th to 4th Street. As Council is aware, we are in the process for acquiring easements for the Village sanitary sewer line that runs from 5th and Jefferson to 4th Street. The sanitary line carries 85% to 90% of the Village’s sanitary sewer flow. However, we found out when Hazen & Sawyer was designing the project (which originally was to include this section) the Village has no easements for the line.
We are in the process of acquiring easements from three (3) property owners:
  • Howard
  • Strake
  • Frank
As set forth above, the plan is not to disturb the surface (dig) to replace this section of the sanitary sewer line, but merely reline it. However, even with relining, the Village will need an area to set up bypass pumping and for equipment. If in the future (I am hoping for distant future, or least after I have retired) we did replace the sanitary sewer line we would need much more area. Which brings me to the “middle” property we were in the process of getting an easement from - Parcel 7000300 owned by the heirs of Frances Frank. It is vacant. It is being taxed by the Stark County Auditor at a value of $4,100. It would be a good property in the middle between 5th and 4th street manholes to use for set-up or lay down for EITHER relining and bypass or for replacement and bypass (hopefully in the future). I asked the owner if they would be interested in selling the whole parcel as opposed to just acquiring an easement. She is, at the Stark County valuation of $4,100.  The parcel in question and the approximate location of the Village’s sanitary sewer line can be seen on the first attachment.
She owns another parcel, 7000302, valued by the Stark County Auditor for tax purposes at $1,600 that is 7500 square feet fronting East Main next to the Village’s Jefferson right-of-way, so I asked if she would add that in. That parcel is unbuildable BUT provides a location to augment the Safe Routes to Schools Path (bench(s) and trees) or assist with the Village’s drainage project. That parcel is outlined in black on the second attachment. She agreed to $4,500 compensation for both 7000300 and 7000302. She did mention she would like to have everything done prior to the third week of November as she intends to go down to Florida.
I am requesting Council authorize the purchase on an emergency basis.
  • Safe Routes to Schools Legislation. Attached is legislation that Council needs to pass for the Safe Routes to Schools Project (Grant/Funded). Steve Hamit of Thrasher indicates that it is the typical ODOT LPA Agreement, and basically states that the Village will:
  • Participate 100% of the project less any money ODOT or the federal government has pledged (Original grant of $150,000 and supplemental grant of $106,000 +/- for total $256,000 +/-)
  • Pay any construction overage.
  • The Village agrees that the construction must meet ADA standards.
A quick recap is that in addition to our original grant of $150,000 from ODOT for our Safe Routes to Schools Project/Grant, in recognition of rising costs for the project requiring the Village to seek additional funding, including reaching out to Fairless Schools and our recent application to ODNR for a Land & Water Conservation Grant, ODOT increased the Village’s SRTS Grant by $106,000. So instead of $150,000 we have a grant in a maximum amount of $256,000.
There is still a 20% local match, which working backwards with the new $256,000 grant amount is a minimum of $64,000. We have spent or committed to spend in excess of $82,078 with engineering, acquisition costs, and other related costs. ODOT also continues to work with the Village and our engineer, Thrasher, to reduce the estimated project cost.  With adjustments such as narrowing the shoulders of the Shared Use Path and reduction in some fill material, the most recent estimate is $256,130.77.
We have also been informed that ODOT will require 10% for inspection of the project while it is being constructed – the Village cannot hire its own.
  • Electric Department – Digger/Derrick Truck. We have received a communication from Terex regarding the Village’s purchase of a digger/derrick truck. The communication (second attachment) states that there is a $23,758 (approximately 10%) addition to Brewster’s CONTRACT PRICE for the digger/derrick truck. Despite Terex’s trademarked phrase “Works for You.” at the bottom of their letter, that doesn’t “work” for Brewster. The Village of Brewster entered into contract with Terex off of a Sourcewell Contract (Contract # 012418- TER in the amount of $251,459, which was comprised of the baseline price of $205,530 plus $45,929 in additional/optional items) to purchase a digger/derrick truck by ordinance 56-2020. Specifically, the letter states:
Currently, the rate of rising costs is significantly exceeding historic trends and our ability to predict them. Given this trend, we are unable to offset the vast impact of rising costs alone as they are in excess of projections and internal balancing measures. Therefore, we are notifying our customers that a cost-based adjustment is necessary for any current builds that we are now beginning to acquire materials on.
This change comes two (2) months past the original delivery date of August 2021. Delivery is now slated for January 2022.
Sourcewell has not been of any help. No response to e-mails below. When I spoke with Sourcewell they indicated that due to length of the contracting period, that there could be price increases. I would understand that during the period of time between Sourcewell entering into contract and the time an order is actually placed there being fluctuation.
In 41 years in public service I have never seen a fluctuation in price once a contract is entered into. However, included in the CUSTOMER ORDER ACKNOWLEDEMENT is language that purportedly allows Terex to change the price after the “order” is placed. It is my opinion that Terex is taking advantage of the current rising costs to assure they maximize profits, especially since both the chassis and the body are all but built, and they are now combining the two (2) pieces.
It was stated at a meeting Tuesday morning that Terex’s profit margin was down to single digits – not that they would lose money. Perhaps Council could have the Ohio Attorney General or the Federal Government look into whether this constitutes illegal profiteering. I am also curious how the SEC would look at the conflicting positions Terex has taken on its profitability in its public news releases versus its statements to us about going out of business is they don’t pass along these increases.
In the meantime, I have looked at ordering the digger/derrick truck from Altec, who is on the State of Ohio Cooperative Purchasing program, but there would be a delay in having one built and there may not be a cost savings. It is my understanding that it is two (2) years from order to delivery on Altec equipment. So, unfortunately, I am not aware of any good alternative to moving forward with the purchase at the increased price.  
So, since Council voted to enter into contract at a cost of $251,459, and there is now a price increase of $23,758, bringing the total costs of the digger/derrick truck to $275,217.00, Council needs to approve the new price.
  • Electric Substation – SCADA (Supervisory Control and Data Acquisition System).  We continue to make progress and 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.
  • Electric Department – Transfer Bus. The Electric Department continues to work on the transfer bus at the Substation. It is approximately 90% complete. the outgoing transfer bus at the Substation. Wire is being pulled at this stage. 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. Waiting on transfer bus to be completed.
  • Decorative Street Lighting – Wabash north of Underpass. Conduit installation is complete. Waiting on connectors and boxes to get started.
  • Electric Department Garage. Work continues on the plans for the proposed new Electric Garage. We are still moving forward on a new 7 bay Electric Garage and office. A meeting is scheduled with EA Associates November 5th to review preliminary building plans
To confirm that the location picked for the building will not impede a future ring bus in front of the substation,I reached out to both GPD and AMPT. At our meeting and subsequent discussions with AMPT about the location of the Electric Building and the second feed and associated ring bus, we discovered that the second feed into our substation would make the proposed location for the Electric Building not workable. We are still working on the plan is to move the Electric Building north into the trees and flipping it to face south. Only other change for sure would be eliminate the one garage door facing out the back to the south (now north). The proposed building is 59.5 feet by 130 feet, so with the proposed lay out, we estimate we would need roughly 80 feet north from existing lease line by 180 feet to allow some buffering on the back and sides from the trees, so roughly a third of an acre. I reached out to Brewster Cheese, and they have consented to the new location on a leased basis for 50 years at $1. This is our best option, and a survey of the required property for a lease is being prepared.
  • Sanitary Sewer Main Relining Project. Wastewater Superintendent Dan Klein has been attempting to coordinate our contractor to clean and CCTV the sanitary sewer from where the Jefferson Ave Project terminated at a new manhole just north of 5th Street SE northwest to 4th Street SE. We need that completed so that we will know whether the sanitary sewer line is a good candidate for lining.
Unfortunately, we have not been able to get the sanitary sewer CCTVed, so we do not know if it a good candidate at this time. As a result, we won’t be able to meet the CDBG Application deadline of November 5th, 2021 to apply for a CDBG Infrastructure and Public Facility Grant for the Jefferson Ave. Sanitary Sewer Lining Project.
Once we get the sanitary sewer CCTVed, we can’t explore options to fund the project.
  • Brewster Council Chambers COVID Compliance Remodeling Project (aka Community Room). The Brewster Council Chambers COVID Remodeling Project is scheduled to be bid out.
  • First advertisement is on October 18, 2021
  • Second Advertisement is on October 25, 2021.
  • The Pre-Bid Meeting is October 28th at 11:00 am.
  • The Bid Opening is scheduled for November 9th, 2021 at 2:00 pm.
For the base project (completing bays and bathrooms) the Architect’s estimate is $154,980. For the alternate (the base work plus demo of the old Fire Office for more space and moving counters and appliances for more space) the Architect’s estimate is $181,635
We have received our building permit from the Star County Building Department. We are awaiting action on our plumbing permit from the Stark County Health Department so that:
  • IF the bids for the Brewster Council Chambers COVID Remodeling Project (Community Room) come in at an amount that is acceptable to Council, we are ready to go, and
  • If Council then determines to award a contract, we are ready to go, and
  • Most importantly, so that we hopefully get any changes from the Stark County Building Department BEFORE we award a contract this time, so we can cost/plan for them ahead of an award. (If you will recall, we applied after awarding the contract for the Fire Addition and found out we had nearly $40,000 in change orders before we even started – if we find out now, we can do an addendum and get competitive prices and at least know ahead of time).
  • Street Department Garage. We continue to take steps to be able to use the northern most three (3) bays for equipment that must be kept above freezing (heated). This summer the walls of those northern most three (3) bays had spray on insulation applied. The past few weeks, a ceiling has been installed so that the ceiling can also be insulated. In the coming weeks, we plan to have a separate electric service installed (outside contractor and obtain a Stark County Building Department permit) so that those northern most three (3) bays can not only be heated but are completely separated from the southern three (3) that are planned to be used by the Police Department in the future.  After a new service is installed, we can install an electric heater from the Fire Department remodeling/expansion to keep equipment in those bays from freezing. It makes sense fiscally to do so now, rather than trying to split the two (2) sections in the future at a higher cost for labor and material to do so.
These steps are being taken now so we can move the brine maker over to the northern bays without the potential for it to freeze. We still can use it in the tank for pre-treatment of streets.
  • Storm Drainage Projects. The current list of storm sewer projects in their priority order, with updates on their status:
  1. Cleveland Ave south of Main on east side – failed catch basin. COMPLETED except for asphalt patching.
2.       Catch basin on Tuscarawas to address sump pump. COMPLETED.
  1. East Main Street Drainage. Project has begun.
  2. Drainage to the west of the WANDLE House. Hired Contractor
  3. East end of 1st Street SE. Will be scheduled when area dries out and we can coordinate with US Army Corps of Engineers.
  4. Dartmouth/Amherst relief line. First step - survey being completed
  5. Open ditch east of Mohican.
  6. Drainage from Harmon west of 264 Harmon. First step - survey needs to be completed
  7. 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.
  • Storm Drainage – Wandle Court. We have contracted with L E Wengerd Contracting in the amount of $4,650 for the storm sewer project west of the WANDLE House. The WANDLE House is having issues with their downspouts, determining where they drain to, and getting water issues in their basement. Emptying their downspouts onto the ground and having them flow over the surface to the 30-foot alley behind it by the Police Station and current Street Department would cause potential ponding issues. So, as an alternative the “fix” is to install a 12-inch storm sewer on the east side of the 30-foot alley (Wandle Court) with three (3) catch basins.
The WANDLE House had already engaged a contractor to address the downspouts. With the current storm sewer projects and with leaf season upon us, hiring that same contractor to install the Village drainage is a good alternative. I will keep Council informed.
  • Employee Handbook – Addition of a Resignation Policy. A situation has arisen that indicates that the Village should have a policy/process for dealing with resignations. I have drafted 9.03 Resignation Policy in consultation with the Law Director, and I have forwarded a copy to Council members and drafted legislation which the Mayor has added to the agenda.
I would like Council to formally enact 9.03 Resignation Policy.
  • Resignation Process. In conjunction with the adoption of the 9.03 Resignation Policy, I am also asking that Council formally adopt a Resignation process to implement said policy. I have forwarded a copy to Council members and drafted legislation, which the Mayor has added to the agenda.
I would like Council to formally enact 9.03 Resignation Process.
  • Tree Fund – 2021 Expenditures. The Tree Fund expenditures in 2021 came to $22,497.40 out of the $22,500 appropriation. That number does not include funds spent on tree removal, tree replacement, and sidewalk replacement on the Jefferson Project. I sent out a “FINAL” accounting for the Tree Fund for 2021.
  • Tree City Awards. The Village has submitted applications for both a Tree City Recognition and for a Tree Growth Award for 2021.
  • Electric Power Purchase - 1 or 2 MW Off-peak Block of Power for 2025-2028. On August 16th Council passed an ordinance to buy a 1 or 2 MW off-peak block of power for 2025-2028 to hedge our bets, IF NEEDED in the future, due to market changes. We are still attempting to move forward as the cost of a 1 MW block or a 2 MW off-peak block for 2025-2028 continues to rise. I will keep Council Informed.
  • Joint Meeting of the Brewster Zoning Board of Appeals and the Brewster Planning Commission. A joint meeting of the Brewster Planning Commission and the Brewster Village Zoning Board of Appeals was held Thursday October 21st, 2021 at 7:00 pm in Council Chambers at Brewster Village Hall at 302 South Wabash Avenue.
The first subject of the meeting was consideration of a request for a variance(s) being requested for parcel 7001609 and 7001674, located at 148 6th Street SE. The property is zoned R-3 and B-2 and is owned by Brian and Lea Marburger. The variance(s) was to allow a detached garage/carport to remain within required setbacks. The Zoning Board of Appeals voted to allow the garage/carport to stay.
The second subject of the meeting is a joint work session to discuss changes to Brewster’s Codified Ordinances to accommodate and/or expand the ability of wineries to locate within the Village.
  • Efficiency Smart – Trivia Tuesdays.Efficiency Smart is going to run “Trivia Tuesdays” on their Facebook page this November.  They had lots of engagement from this contest last year and are excited to run it again. Each Tuesday in November, they will post a new trivia question on their Facebook page. Those who answer correctly will be entered to win a $25 promo code redeemable on their Online Savings store. They will randomly select one winner each week, so residents can participate each week for more chances to win. They have asked the Village to help increase awareness of the contest by sharing information about Trivia Tuesday.
Here is their sample post to use ahead of the start of the contest:
Our friends at Efficiency Smart are giving you a chance to win a $25 promo code towards energy efficiency products every Tuesday in November!
Look for the weekly #TriviaTuesday question at Smart and answer correctly for your chance to win! 
The weekly trivia contest will post directly from their Facebook page each Tuesday (November 2, 9, 16, 23, 30). We will have the questions posted by 6 a.m. each Tuesday.
  • 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 – Rebates. Efficiency Smart’s Home Energy Rebates program provides money back on qualifying products that can help you save energy and money. Residents can save even more with increased rebates on the following products:
  • Smart Thermostats: Now $100
  • Heat Pump Water Heaters: Now $300
  • Dehumidifiers: Now $30
The increased rebate amounts are valid through the end of the year. To see a list of qualifying models or all available rebates, visit the Home Energy Rebates page or call Efficiency Smart at 877-889-3777.
  • Efficiency Smart - LED Incentives Available for Small Businesses For a limited time, Efficiency Smart is offering small businesses an increased incentive for purchasing qualifying LED products from a designated local business. Pre-approval is required. Standard incentives still apply for all other qualifying purchases. Those interested can contact Efficiency Smart’s customer support team at (877) 889-3777 or for a list of designated local suppliers and contractors or for more information.
  • Donations. I have been approached about the possibility of donating a bench in Bimeler Park in memory of a relative. It has been suggest passing an ordinance for donation of all kinds, to include benches. I have distributed a draft policy that I request be discussed in Committee before it is included in an ordinance.
  • 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 have gotten phots for each vehicle and are getting information together to post our first items (2 Police Department vehicles) online, with a plan to set the minimum bid at the same amount the Village could get for scrapping the vehicles.
At this point we need to add the generator that was replaced at the Fire Department/Village Hall to items we are selling.

  1. The cleaning and the tv-ing of the Jefferson Between 4th and 5th Streets has not been completed so we will not be able to apply for the CDBG Grant which is due on November 5th.
  2. Mayor Hawk is requesting a Finance Committee meeting to discuss the donation policy draft on November 15th at 6:30 pm.
  3. The Police Department is working with the noise level ordinance.
  4. Request for Executive Session:
COUNCIL MEMBER HESS MOVED, SEONDED BY COUNCIL MEMBER LONG and motion carried for Council to go into executive session for the of considering compensation of an employee of the Village of Brewster and for the purpose of considering matters required to be kept confidential by Federal Law and State Law.  The vote: All yes.  Council, VA, Solicitor, Police Chief, and Clerk-Treasurer exited Council Chambers at 7:45 pm.
All returned to Council Chambers.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to exit Executive Session at 7:56 pm.  The vote: All yes.
  1. Clerk King was available for any questions.  There were no questions.
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. Old Fashioned Christmas – November 27th will be in the lot adjacent to the boulevard.  Next organizational meeting is November 3rd at McB’s Café.
  2. Children’s Christmas with Santa – December 20th.  Location to be announced.
  1. None.
  1. None.
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 GODWIN and motion carried to schedule a Finance Committee meeting to discuss the proposed donation ordinance and other financial matters on November 15th at 6:30 pm.  The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to create a resolution acknowledgement of the 2021 Fairless Football team.  The vote: All yes.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to create a resolution of appreciation for Chief Keith Creter for his years of service with the Brewster Police Department.  The vote: All yes.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to approve the “I am Responding” software for the Fire Department at a total cost of $3,087.00.  The vote: All yes.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to put the two cruisers that are out of service and the Fire Department generator on the public auction website by December 1st.  The vote: All yes.
Council Member Schwab asked if the Frank property purchase for the easement need to be passed under emergency.  VA Miller stated that it would be best since the heirs were leaving town before the end of the month.
RESOLUTION 56-2021: A Resolution Authorizing the Village Administrator to Purchase Parcel Numbers 7000300 and 7000302 in an amount of $4,500.00 was given first reading.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to suspend the rule requiring three separate readings and bring the legislation forward for passage.  The vote: All yes.
COUNCIL MEMBER LONG MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to approve the legislation as presented.  The vote: All yes.
Mayor Hawk asked if anyone wanted to make a motion on an extension of the Work Injury Leave.  No motion was made.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to adjourn the meeting at 8:06 pm. The vote: All yes.
Respectfully submitted,
Kris King, Clerk-Treasurer
Charles Hawk, Mayor