December 4, 2023 - Meeting Minutes
MINUTES
BREWSTER VILLAGE COUNCIL
DECEMBER 4, 2023
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 Mayor Hawk, followed by the Pledge of Allegiance to the flag.
The meeting took place in the Community Room.
MEMBERS PRESENT:
Charles Hawk, Mayor
Dale Fox, Council Member David Godwin, Council Member
Tom Hilliard, Council Member Brett Long, Council Member
Sydney Radich, Council Member Mike Schwab, Council Member
VILLAGE OFFICIALS:
John Anthony, Solicitor Michael L Miller, Village Administrator
Kris King, Village Clerk-Treasurer
MINUTES FROM THE NOVEMBER 20, 2023 REGULAR COUNCIL MEETING:
Mayor Chuck Hawk asked if there were any additions or deletions to the November 20, 2023 Council meeting minutes.
COUNCIL MEMBER LONG MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to approve the minutes as presented. The vote: All yes.
PRESENTATION OF BILLS:
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to accept the bills in the amount of $855,300.70. The vote: All yes.
AUDIENCE:
Erie Valley Assistant Chief Kevin Alloway attended to answer any questions Brewster Council may have concerning the billing for ambulance runs in the Brewster Fire Departments area on behalf of the Chief of Erie Valley Fire District. Council Member Hilliard stated that he was shocked to receive this invoice. Asst. Chief Alloway stated that the district needs to cover their budget. He stated that when Brewster started having personnel problems about two years ago, the Erie Valley Chief spoke with our Chief and stated Erie Valley would come handle the call as long as they received the transport. It costs Erie Valley between $100 - $150 per call. There are times when Brewster arrives at a scene with only one EMT to drive the squad, again we told the Chief to give Erie Valley the transport, we have the expense of not only the person on duty to pay but also the paid volunteers that come and man the station. They want to make sure they are not subsidizing another fire department with their tax dollars. We don’t mind helping but it is not supposed to be a permanent solution. It was supposed to be that we get the transports but that wasn’t happening. It also exposes them if they are on call in Brewster and we drop our own call and have to call someone else, we can tell our tax payers we recouped the tax dollars. He stated that Brewster Fire Department has not helped them with a call in nearly three years. Other than a couple of situations like not having enough ambulances for an accident, we have not dropped a call in over three years. What started out as a gentleman’s agreement has gotten out of hand and Erie Valley felt they had to start billing in order to be responsible to their taxpayers. They don’t mind coming to help but need to answer to their taxpayers. Mayor Hawk stated he will look into getting this resolved. Staff shortage is a problem everywhere. Councilmen Godwin and Hilliard stated that was not how it was explained to them. The Mayor moved forward.
Tim Dorkoff, Ray Heitger, and Police Chief Nathan Taylor were also in attendance.
PRESENTATION OF GUESTS: None
CONSIDERATION OF ORDINANCES: Titles of each read by Solicitor John Anthony.
ORDINANCE 59-2023: An Ordinance Authorizing the Execution of a Fixed Volume Energy Supply with American Municipal Power (“AMP”) for 1MW of Power was given third reading.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to approve the legislation as read. The vote: All yes.
ORDINANCE 60-2023: An Ordinance Amending Ordinance 07-2012, 76-2017, 02-2022 and 34-2022 Establishing the Village Fire Department Fee Schedule for Charges for Services as Established by Ohio Billing.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER SCHWAB and motion carried to approve the legislation as read. The vote: All yes.
ORDINANCE 61-2023: An Ordinance Amending Ordinance 77-2019 Pertaining to the Application of Village Water Rates and Charges and Ordinance 74-2019 Pertaining to the Application of Village Sewer Rates and Charges was given third reading.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to approve the legislation as read. The vote: All yes.
ORDINANCE 62-2023: An Ordinance Authorizing the Execution of the 2023 Northern Power Pool Participant Schedule with American Municipal Power, Inc. (“AMP”) and declaring an emergency was given third reading.
COUNCIL MEMBER LONG MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to approve the legislation as read. The vote: All yes.
Second Reading: An Ordinance Approving an Agreement with the City of Massillon Law Department to Provide Prosecution Services in the Massillon Municipal Court and Other Related Services from January 1, 2024 through December 31, 2024.
Second Reading: An Ordinance of Supplemental Appropriations and Amending Ordinances #23-2023 and Ordinance #53-2023 relating to Appropriations and Providing for the Transfer of Funds within said Funds for the Fiscal Year ending December 31, 2023 and declaring an emergency.
Second Reading: An Ordinance Transferring Funds from the General Fund to the Capital Projects Fund for 2023 and declaring an emergency.
Second Reading: A Resolution Authorizing the Amendment and Appropriation of Additional Funds for 2023 and declaring an emergency.
Second Reading: A Resolution Authorizing an Advance for the Police Training Fund from the General Fund and declaring an emergency.
Second Reading: An Ordinance Authorizing the Village Administrator to Prepare Specifications and Advertise for Bids for the 2024 Paving Project Program.
First Reading: An Ordinance Authorizing the Amendment and Adoption of a Recording Time Worked and Review of Pay Policy and The Addition of The Policy as Defined to The Village Employee Handbook.
First Reading: A Resolution Expressing the Intent of Brewster Village Council to Sell Unneeded, Obsolete, or Unfit Municipal Property on the Internet for 2024.
First Reading: An Ordinance Terminating the Designation of Two Handicap Parking Spaces in front of 184 Fourth Street SW.
First Reading: Consent Legislation for Sign Replacements on SR-93 and US-62 in the Village of Brewster with the Ohio Department of Transportation.
ORDINANCE 63-2023: An Ordinance Authorizing the Amendment and Adoption of a Drug-Free Workplace Policy and the Addition of the Policy as Defined to the Village Employee Handbook.
COUNCIL MEMBER GODWIN 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 LONG MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to approve the legislation as presented. The vote: All yes.
VA Miller explained the importance of passing this under emergency in order to be prepared as the law goes into effect on December 7, 2023. This legislation adds to what we already have on the books which is it is not permissible to use marijuana, whether it is legal or not.
First Reading: An Ordinance amending Ordinance 67-2022 which authorized the expansion in the paid hours of the Paramedic Program and declaring an emergency.
The Mayor stated that an Employee Compensation Committee meeting needs to be held to discuss the proposal further before the passage of this legislation. It was agreed that a meeting will be held tomorrow at 1:00 pm.
TABLED AT THIRD READING: An ordinance authorizing the Village Administrator, with the assistance of the Rural Community Assistance Partnership (RCAP), to apply for, accept, and enter into a construction loan agreement for an Ohio EPA Water Pollution Control Loan Fund (WPCLF) loan for the installation of two (2) manholes in the sanitary sewer line that runs between McKinley to the levee and declaring an emergency (at third reading).
TABLED AT THIRD READING: An ordinance authorizing the Village Administrator, with the assistance of the Rural Community Assistance Partnership (RCAP), to apply for, accept, and enter into a construction loan agreement for an Ohio EPA Water Pollution Control Loan Fund (WPCLF) loan for the Hillview Mobile Home Park Sanitary Project and declaring an emergency (at third reading).
TABLED AT THIRD READING: An ordinance authorizing the Village Administrator, with the assistance of the Rural Community Assistance Partnership (RCAP), to apply for, accept, and enter into a construction loan agreement for an Ohio EPA Water Pollution Loan Fund (WPCLF) loan for the lining and the rehabilitation/installation of two (2) manholes in the sanitary sewer line and runs between 5th and Jefferson and 4th Street and declaring an emergency (at third reading).
TABLED AT THIRD READING: An Ordinance to Authorize an Agreement between the Village of Brewster and the owner of Hillview Park to extend the Village Sanitary Sewer to the Park at owner’s expense.
MUNICIPAL DEPARTMENT REPORTS:
- POLICE DEPARTMENT: Chief Nathan Taylor
- There were 476 calls to service in November and 39 so far this month.
- Officer James West resigned effective December 2, 2023 to take a position with Navarre Police Department.
- With the Mayor’s recommendation, the Chief would like to promote Officer Jason Mazzaro from part-time to full-time. Officer Mazzaro has been with the department for approximately 15 months. He has taken his psychological exam within the last year. His promotion is contingent on passing of the Ohio Police and Fire physical.
- The new door locks are on the exterior of the PD building.
- The Durango is just waiting on a couple more parts to get in service.
- FIRE DEPARTMENT: Chief Chris Colucy (excused but provided a report)
- Number of calls to date: 833.
- I would like to have the Lieutenant’s receive a stipend of $500.00 for the year as with the other officers. They currently receive nothing and since I will not fill the Assistant Chief position with the resignation of a member who received $1640.00 per year this will not cost the village any extra money. I have 2 lieutenants and they both deserve this salary paid over 12 months. They have had increased responsibilities with the resignation of Assistant Chief. I would like to make this effective Jan 1, 2024. *(Erie Valley pays their lieutenant’s $100.00 per month)
- Lastly, I have attached a proposal for having coverage for Ems/Fire Services. The top part of spreadsheet is the current model. I want to get rid of the 2 people on the weekends. Second, I would like to still have one-person 24/7. But the add on would be having a second person on 7 days a week from 9 Am to 9 PM. This would attract more people to work for us because several people do not want to work alone. Also, if you take away the weekends and go with my schedule model the Village will only have to pay for one extra shift that is not covered now, which would be the shift 9-9 on Saturday. I want to start this Jan 1, 2024, as a trial period for 6 months. If this does not work out better, we can also go back to what we have. I feel this is the best for our community and for our firefighters to serve the public and will have better results than what is currently being done. The new ambulance is now in service.
Council Member Godwin wanted to know where Chief Colucy got his data from to support this change. Council Member Hilliard wanted to know why we are going from two people to one person with more hours. Council Member Godwin would rather have a full-time paramedic. Council Member Schwab stated one of the big differences in the department is that Mike Maybaugh retired from the department. Mike was able to run the calls during the day while he was working for the Village. Council Member Hilliard stated the committee needs to look at all options. He stated we need a full-time chief that runs the department and also runs EMS calls. The chief is totally responsible for making sure there are people on shift. He stated that there has got to be someone out there able to make these calls. It is not going to be a quick fix. We need to open our eyes and make a big move, need a full-time person, otherwise we need to cut our coverage area. He stated that everybody better be thinking about having some kind meeting because the township hasn’t increased their support in years. We need a committee to go to the townships. Our responsibility is to Brewster. The Mayor stated we have a problem we need to fix.
VILLAGE SOLICITOR: John Anthony
- The Hillview escrow account has been set up at Consumers Bank. The deposit has been made. The Solicitor would like Council to review the agreement and make a decision. The EPA has filed a consent decree and is waiting on Brewster's decision.
- Council Member Godwin stated he read where villages can make legislation prohibiting public use. Council Member Schwab stated the City of Lakewood put a moratorium on the legalization of marijuana. VA Miller stated this is a whole new section for recreational marijuana use. Solicitor Anthony stated the voters have passed the legislation, but this is not a Constitutional amendment. There is still a lot of discussion on the subject.
COMMUNICATIONS:
- The clerk reported that Columbia Gas has put a request in to PUCO to increase their rates.
VILLAGE ADMINISTRATOR: Mike Miller
The Council received the Village Administrator’s report last week to review.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to approve the Village Administrator’s report as presented. The vote: All yes.
Items to emphasize or add since the email on Friday:
- VA Miller emphasized part of the email he sent out about AMP leaving out the transmission costs for the individual facilities between March and September of this year. That number is $1.77 million. That $1.77 million is a SHORTFALL. (quick math - .79% of 1.77 million is $139,830).AMP presented two (2) options to recover the $1.77 million SHORTFALL from participants:
- Option 1 – recover SHORTFALL through the sale of RECs (Renewable Energy Certificates)
- Option 2 – recover SHORTFALL though an adder to future rates.
- VA Miller is recommending option number one.
- The Mayor and VA attended a meeting at Fairless to discuss a landscaping plan as part of the conditional zoning. The plans need to go before the Zoning Board of Appeals and approved by Council. Fairless would also like to enter into an agreement to purchase road salt by the scoop from us. Fairless had a basketball game and there were parking issues. Several vehicles went off the asphalt. Council Member Hilliard asked if it was at the front of the building, and it was. A SARTA bus just made ruts, one was pulled out by another vehicle, and the third was removed by tow truck from the retention pond. VA Miller is recommending helping them out by using some of the old poles to put wooden soldiers along the asphalt to prevent this from happening again.
- Navarre and Brewster Police Departments are looking to swap Navarre’s Watchguard and radio for Brewster’s police cruiser. VA Miller is suggesting we buy their equipment, and we sell them our car instead of trying to get ordinances passed at the same time. He feels it would be easier than trading.
- There was a discussion on the finishing of the shared path in front of the school on the north side of East Seventh Street. VA Miller has put together a proposal to finish the path with Capital Funds. He would like to finish it in early spring. The problem still remains that Frontier will not return calls and respond to the Village’s request to move their poles that are in the middle of the pathway. Mayor Hawk is planning to go to one of their facilities and speak to someone face-to-face.
Administrator’s report for period 11/20/2023 through 12/4/2023:
OPWC Brewster Water Transmission Main Replacement Project. Installation of thewater lines has been completed. All residents and businesses on these sections of the water lines have been switched over to the new water lines.
Work has been completed on installing the redundant line from the water department entrance to the pump house. Ditch repair has been completed except for some sealing and topcoat of asphalt. Cement repair to sidewalks and curbs has also been completed.
The second payment/disbursement for the Brewster Water Transmission Main Replacement Project has been submitted. The total request (less retainage) is for $404,999.70. The OPWC share of that amount is $393,010.78 and should be paid by OPWC shortly. The OPWC payment should be out of the $1,200,000 grant portion. We still have not drawn down enough to begin to use the additional $300,000 loan portion.
In addition, the Village’s match of what was expended on engineering and advertising bids has been exhausted, so the Village will have to pay the contractor $11,988.92 of the second payment/disbursement for the Brewster Water Transmission Main Replacement Project.
The second payment/disbursement represents that 68% of the Brewster Water Transmission Main Replacement Project is completed. It does not include asphalt work, as the contractor indicates they are going to pay when the asphalt work has been completed.
The subcontractor is to be on site Monday December 4th to install the piping in the pump house.
I will continue to keep Council informed.
2024 Paving Program. Tuscarawas from Locustdale to Chestnut was submitted as an OPWC Application, and the District 19 OPWC Integrating Committee voted to forward it to OPWC Small Governments for funding competition. The Village requested both a grant for 49% of the projected costs as well as a partial loan request. The loan request is for a 2-year loan at 0% interest. I will have to determine what effect the loan request combined with the grant request will have on Small Government scoring. In February I expect that OPWC Small Government will reach out to have the Village to supply critical information pertaining to their cure process and for the Village to provide any additional information for their application/competition process.
The 2024 Paving Plans have been completed, that includes as an “alternate” Tuscarawas. Tuscarawas is being referred to the OPWC Small Government program. Even if successful OPWC Small Government funding would NOT be available until after July 1st, 2024. So IF the application receives OPWC Small Government funding, the Village will not be able to award a contract for Tuscarawas until after the Project Agreement is signed. The challenge is to have the 2024 Paving Program go out to bid early to lock in lower prices yet maintain flexibility so that Tuscarawas is not awarded until after July 1st, 2024, at which time the Village HOPEFULLY enter into an agreement with OPWC for Small Government funding.
Our experience from past attempts to bid out any project that includes paving is that when it is bid out after July 1st we either get no bids or the bid prices are extremely high because contractors have already essentially filled out their schedule for crews for the summer, so they either don’t want the work or bid higher numbers knowing that to get to our work they have to pay overtime on their existing projects or ours, and they can’t alter their prices on projects they have already been awarded. We have addressed that by bidding out very early each year to get the best prices. So, while Tuscarawas is part of the 2024 Paving Program, the Village obviously CANNOT award a contract for it in its annual paving program before the Project Agreement is signed (if we get funding), sometime after July 1st, 2024.
The solution that would preserve the Village’s ability to lock in a lower cost by bidding early in the year yet preserve our ability to accept OPWC Small Government is to include Tuscarawas in the bid documents as an “alternate.” If we do not receive OPWC Funding, the Village can simply award a contract for the base bid (rest of streets on the paving list) and the “alternate” (Tuscarawas) at any point after bid opening. IF the Village is fortunate enough to receive OPWC Small Government Funding, then the Village could award a contract for the base bid (rest of streets) after bid opening at any point, but delay awarding a contract for the “alternate” (Tuscarawas) until after the Project Agreement is signed.
OPWC has approved that approach. To execute that approach, the Village will be stating when it bids out the 2024 Paving Program is that in the end the Village is going to award the “alternate 1” Tuscarawas along with the “Base” streets either way – with Village funding only or combined Village and OPWC Funding. That will be communicated to the potential bidders up front, so we get the best prices. That approach is outlined on Page 6 of the Bid Specifications, which states:
PROJECT SCHEDULE:
Contractor shall be aware of the following schedule, subject to the conditions listed below:
- The Village of Brewster intends to award Alternate 1 in addition to the Base Bid streets. However, the timing of that award may be at a later date than the base bid award because the Village has applied for OPWC Funding. IF the Village receives OPWC Funding for Alternate 1, then the award date and overall commencement date will be after July 1, 2024 and completion date will be moved to September 15th, 2024. If the Village does NOT receive OPWC Funding, the award for Alternate 1 will be sooner, likely no later than May 15th, 2024, and the commencement and completion dates will be as set forth in the Specifications.
- February 1st, 2024 Bid Opening Date
- August 15th, 2024 Project Completion Date (If do not receive OPWC funding)
- September 15th, 2024 Project Completion Date (If receive OPWC funding)
This is a LOT different than our normal process, but I believe puts the Village in the best position to get good prices/bids while maintaining our ability to accept OPWC Grant Funding for Tuscarawas. We have completed the ADA Ramps in advance of the 2024 Paving Program.
I am requesting that the legislation authorizing the advertising for bids for the 2024 Paving Program be passed on an emergency basis at third reading.
Park Drive Phase 3. In pursuing the completion of the Safe Routes to Schools Path and associated improvements on Park Drive, the Village WAS approaching completing the rest of Park Drive as a single project, or Phase 2. Park Drive Phase 2 was to complete the Safe Routes to School path on the east side of Park Drive from where Park Drive Phase 1 terminated continuing south to 7th Street. Park Drive Phase 2 would have to traverse the levy, flood plain flowage easement, and the Elm Run to do so.
The Village contracted with W.E. Quicksall to do a preliminary plan for Park Drive Phase 2 so that the Village could begin the process with the US Army Corps of Engineers to get approvals for the project. Drafting of plans, discussions, and meetings followed. We have identified constructing a surface path by filling some areas within the Village’s right-of-way but part concurrently also within the flowage easement as the most effective and cost-effective approach. Based on the initial submission by W.E. Quicksall of their preliminary plan for Park Drive Phase 2, a virtual “TEAMS” meeting was held with the US Army Corps of Engineers. The meeting included myself and Nate Quicksall on behalf of the Village, and if my count was correct 12 employees of the US Army Corps of Engineers. The meeting lasted approximately an hour and ten minutes. I will spare Council the intricate details of the meeting, but the highlights were:
- There will be environmental information (environmental assessment) the Village will have to supply the Corps.
- The Corps will be looking for plans 60% complete to do an initial review to provide feedback towards completion.
- The Corps will be looking for plans to be 90% complete for final review before a 408 Permit is issued.
So, it became clear that for the areas controlled by the US Army Corps of Engineers (the levy, flood plain flowage easement, and the Elm Run) a formal US Army Corps of Engineer’s 408 Permit process will have to be followed, which will take considerable time and additional expense in the form of extensive engineering and services beyond engineering, such as surveying and environmental assessment(s), as well as other possible services.
So, with that backdrop, the requirement for the Village to get a formal US Army Corps of Engineer’s 408 Permit, W.E. Quicksall was tasked with coming up with a proposed cost based upon the agreed scope. In negotiations with W.E. Quicksall, it became clear that the costs would exceed $50,000. At that level, there is a completely different approach to soliciting engineering proposals than what we have been using for our projects where engineering is less than $50,000. The process will requirea great deal more timeto get to the point where an engineering firm, together with a proposed scope and cost could be brought to Council. Then, once an engineering firm (and possibly surveyor and environmental firm) have been selected and approved by Council, there will be additional time to get plans completed to the 60% level, reviewed by the Corps, updated, and completed to the 90% level, reviewed again by the Corps, then actually finalized and a permit issued, we are looking at many months.
So in stepping back and looking at what is left to complete on Park Drive, what stands out is that the portion form 7th Street north to the flowage easement (just south of the culvert) could be done without any involvement of the US Army Corps of Engineers, allowing the engineering and surveying to be done at a cost lower than the $50,000 threshold, allowing plans for a “Phase 3” of Park Drive to be completed well in advance of the next application deadline for OPWC funding in September of 2024 for the project and for “Phase 3”.
So, I am negotiating with W.E. Quicksall on the scope and price to complete plans for Park Drive “Phase 3” to bring before Council to be approved. When that is submitted, I will present it to Council.
Proposed Capital Projects. I have consulted with Clerk-Treasurer Kris King about the balance of the Capital Fund IF Council adds the $60,000 she suggests with the potential 2024 Capital Projects in mind. With the $60,000 transfer the total will be $180,000. An additional amount of approximately $7,500 is added each month from income tax income.
With that balance and keeping in mind that some should be kept in reserve, I am recommending the following projects:
Proposed Project |
Amount |
Engineering - Park Drive Phase 3 |
$40,000.00 |
7th Street SRTS - Park to east |
$30,000.00 |
7th Street SRTS - Dartmouth to west |
$18,000.00 |
East Main SRTS - Cleveland to 362 E Main |
$10,000.00 |
East Main SRTS - 362 E Main |
$18,000.00 |
$116,000.00 |
A quick recap:
- Engineering Park Drive Phase 3 will put the Village in a position to seek grants/loans for the project, such as OPWC funding. The project will put the Village in the position of having Park Drive improved with curb and gutter and Safe Routes to Schools Path for an additional 320 feet. If the Village receives 49% in a grant towards construction, that will mean $130,820. Phase 3 engineering means construction will have been completed or plans completed for over half of the length of Park Drive between East Main and 7th Street.
- 7th Street Safe Routes to Schools Path from Park to the east would replace approximately 310 feet of the limestone Safe Routes to Schools Path with concrete, as some on Council have been requesting.
- 7th Street Safe Routes to Schools Path from Dartmouth to the west would replace approximately 180 feet of the limestone Safe Routes to Schools Path with concrete, as some on Council has been requesting.
- East Main Safe Routes to Schools Path from Cleveland to 362 E Main will hard surface in asphalt the Safe Routes to Schools Path (approximately 790 feet) from Cleveland Avenue to the house at 362 East Main. Combined with installing a concrete path the rest of the way on East Main in concrete in front of 362 East Main (approximately 125 feet) that will connect downtown to Park Drive.
Moving forward with these projects will cost approximately $116,000 out of the projected $180,000 Capital Budget balance at the end of 2023. A projected $45,000 will be added by July 1, 2024. I am open to discuss these proposed projects at Council’s convenience.
Hillview Mobile Home Park Sanitary Sewer “Project” – WPCLF Design/Planning Loan. Design is wrapping up. A revised Engineer’s Estimate has been developed. Plans are being finalized.
Hillview Mobile Home Park & Village Agreement for Reimbursement. Law Director Anthony has addressed Council on this piece of the overall “puzzle.”
Hillview Mobile Home Park Sanitary Sewer “Project” – Easements. With the use of Federal funds through WPCLF subjects the easements to Title II and III of the Uniform Relocation Assistance and Real Property Acquisition and Policies Act of 1970 (P.L.91-646). The easements for the Project were identified. They were then appraised. The next step is “negotiations” with the owner, Hillview Mobile Home Park, based on the appraisal(s). It is still the intent of Hillview Mobile Home Park at this point in the process to donate the easements at no cost, similar to what was done by Fairless Schools for the Safe Routes to Schools Project. However, this process is on hold until the Village and Hillview reach an agreement on reimbursement by Hillview for any Village incurred costs.
Hillview Mobile Home Park - CDBG Funds. The CDBG Grant continues to progress. CDBG has documents they requested to address the Environmental Review process. In addition to utilizing the documentation in the Environmental Review process, there will be:
- A “historic” review by the Ohio Historic Preservation Office, which Stark County CDBG will take responsibility for.
- Published legal notices, which Stark County CDBG will take responsibility for.
- 30-day comment period, which Stark County CDBG will take responsibility for.
- As portions of the project will lie within the flood plain, environmental review for flood plain/wetland incursion, which Stark County CDBG will take responsibility for.
They estimate that part of the process will wrap up in December.
Hillview Mobile Home Park Pump Station & Force Main Project – Construction Renomination Summary. As I indicated previously, the Village is pursuing better funding for the construction portion of the Hillview Mobile Home Park Pump Station & Force Main Project. The Village has a “bird in hand” (existing WPCLF Construction Loan up to $255,000). Because the CDBG Funding will not be available until July 1, 2024, it allows the Village to reapply (renominate) the Project. That was completed September 14, 2023. By reapplying the Village can potentially get “loan forgiveness” in all or part. There is potential loan forgiveness for up to $50,000 for back-up electricity. With the WPCLF construction loan in place, the Village can keep that existing WPCLF Loan for construction while we renominate the project. There is no downside to renominating it. If we do not get a better outcome, we can keep the existing WPCLF Loan like what the outcome is, we follow through on loan approval.
The cost estimate has changed, due to projected increases in construction prices and the addition of construction administration. That was included in the renomination request. As a reminder, the owners of Hillview Mobile Home Park are to ultimately reimburse the Village for any costs it incurs on the Project.
New Electric Building – Back-up Generator. The generator that used to be at Village Hall/Fire Department has been inspected. The inspection indicated that the generator is in good working order and can be used at the New Electric Building for back-up power. We also obtained an estimate to have the generator that used to be at Village Hall/Fire Department installed at the new Electric Building. That estimate is $2,137.44. The generator will be located at the northwest corner of the newly leased property. Reusing the generator that used to be at Village Hall/Fire Department at the new Electric Building results in a large savings.
The back-up generator has been moved and set on the new pad that was poured. Conduit was already in place. It is scheduled to be tied in by our contractor on December 4th.
Electric – AMP Northern Pool. The Village’s municipal electric system is interconnected to the FirstEnergy transmission system, which is operated by PJM. PJM controls the regional generation and transmission grid ranging from Illinois to New Jersey. To take advantage of economies of scale for power scheduling, forecasting and short-term energy supply in PJM, AMP has aggregated its forty-three (43) members connected to the FirstEnergy transmission system into the Northern Power Pool. The Village of Brewster is therefore a member of AMP’s Northern Power Pool.
The Northern Power Pool Agreement provides the rules and methodologies for allocating among the Pool Participants, the charges and credits incurred by AMP for energy supply and transmission and generation delivery services. The Northern Power Pool Agreement was last updated in 2011. During the past year it has become apparent that there are new charges and credits associated with the PJM settlement process that were not contemplated in the 2011 Agreement. Additionally, AMP has found a need to update the assignment of other charges/credits to match the methods in which AMP is invoiced. This updated Northern Power Pool Agreement brings the contract up to date to formalize the way that the members are operating and invoiced for power supply and delivery costs. It has been represented that there will be no change in pricing from the proposed updated pool agreement.
This updated Northern Power Pool Agreement brings the contract up to date to formalize the way that the members are operating and invoiced for power supply and delivery costs. The new agreement:
- Establishes bandwidth on Energy Pool Power Cost Adjustment
- Creates calculation of PJM inadvertent charges and moves from Energy Pool to Transmission Ancillary Services Pool.
- Updates to memorialize allocation of new PJM charges not contemplated in original Pool agreements.
- Update methodology split of AMP Dispatch Center charges.
Language that is proposed to be added is that Pool Participants agree to:
- Comply with Good Utility Practice, Applicable Technical Standards, PJM Governing Documents and Applicable Laws in performing its respective obligations and responsibilities under this Schedule.
- Comply with Applicable Technical Standards -- Interconnection of Pool Participant to Transmission Facilities; the PJM Governing Documents; and the standards, requirements and guidelines of NERC and each applicable NERC Regional Entity.
- Cooperate and inform the other of any changes to its respective facilities or needs that might reasonably be expected to affect the products or services provided hereunder.
The new agreement/ordinance will require an individual authorized to sign the agreement. The previous Ordinance passed in 2011 authorized signature by the Administrator.
The new agreement/ordinance will require designating an authorized representative for voting on Pool matters, including but not limited to short term energy purchases, minor updates to Pool billing in the event of new charges, and additions of new members. Currently, the Village has designated the Mayor or his designee to vote on issues related to AMP.
AMP will have online seminar presentations for each existing Pool and groups of new Pools in September-October, which I intend to view. Amp will then hold a Pool webinar in November to discuss power purchase plan for 2024.
The legislation will need to be passed on an emergency basis because AMP’s target of having the new agreement in place by year end 2023, and there are only three (3) meetings between now and the end of the year.
Electric – Potential Power Supply Shortfall in 2025 & 2026. I have forwarded power supply projections for 2024, 2025, 2026, 2027, and 2028, prepared by Vice President of Power Supply Planning for AMP Mike Migliore, that are BASED ON A NEW ASSUMPTION that the Brewster Cheese’s Cogeneration Project does not come online in 2024 as originally projected. The reason that Brewster Cheese’s Cogeneration might not come online in 2024 as originally projected, but delayed, has nothing to do with Brewster Cheese. It is a result of the fact that Columbia Gas needs to increase the supply of natural gas. Columbia Gas’s first Alternate is to add a second gas line through the levee on 7th Street. Their Second Alternative, at about twice the cost, and more importantly for the Village 11 to 14 months longer is to construct a new supply line from the north. Their Third Alternative at about four times the cost and more importantly for the Village 11 to 14 months longer, is to come from the south. In simple terms the position of the US Army Corps of Engineers is that since there are alternates that do not go through the levee, then Columbia Gas cannot increase the size of the line that currently goes through the levee. Columbia Gas is still looking at approaches that would keep the Brewster Cheese’s Cogeneration Project on time, but in my opinion, we need to plan for the “worst.”
While the cost factor is important to Columbia Gas and Brewster Cheese, the time extension is the most important factor for the Village. After January 1, 2025 the cost for a significant portion of the Village’s power goes from $34.14 to market price. Market price is currently in the high $40s/MW to $60s/MW. Also, if the Brewster Cheese Cogeneration Project came online before Summer of 2024, it would reduce the Village’s electric transmission costs (based on 1CP and 5CPs) in 2025. Pushing the Project past summer of 2024 not only puts Village in a position that it must come up with additional 1MW to 2MW of power until Brewster Cheese Cogeneration Project comes online, but also fails to obtain the benefit to the Village of its electric transmission costs in 2025 and 2026 being reduced, which also goes to the Village’s bottom line.
To determine what the potential affect will be should the Brewster Cheese Cogeneration Project be pushed back, I have been discussing what the affects might be with both Courtney and Associates as well as AMP.
One of the potential actions (ordinances that may need passed in the near future) is authorizing purchasing a 1MW or even 2MW block of power for 2025 and maybe 2026. A second potential action (ordinances that may need to be passed in the near future) is authorizing moving forward with the proposed Blue Creek Wind Project we have recently discussed and indicated interest in, which would cover a potential shortfall.
To address the potential shortfall Legislation has been prepared to coordinate with AMP to purchase 1MW of power with a term beginning on January 1, 2025 and ending no later than December 31, 2026.
Fiber Extension to Village Hall and the Fire Department. Fiber has been extended to Brewster Village Hall and Fire Department. We will now transition to the new fiber, allowing Village Hall and the Fire Department to get internet through the Police Department connection.
As background Siefert (our computer consultant) recommended an extension of our fiber network to Village Hall and the Fire Department from the existing fiber installed on Cleveland Ave that connects the Police Department (hub) to the Electric Facility. It allows Siefert to better integrate the Village systems for better safety. This small extension will also serve in the future as a part of the fiber ring, so it is being built using 96ct fiber that we have already purchased. The cost is $7,840.93.
Storm Drainage Projects. The current list of storm sewer projects in their priority order, with updates on their status:
- Catch basin extensions on West Main
- Dartmouth/Amherst relief line. Easement has been signed. Need surveyor to set pins. Work to start when it can be scheduled and weather permits.
- Corner of Needham & Harriman – catch basin collapse.
- East end of 1st Street SE. Will have to coordinate with US Army Corps of Engineers.
- Open ditch east of Mohican. We are consulting with Stark County Soil & Water.
- Drainage from Harmon west of 264 Harmon. Survey needs to be completed.
- 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.
Water Quality Complaint. The residents at 395 2nd Street SE shut their water off on Saturday November 25th to replace some shut offs in their residence (i.e., toilet, sink?). When they turned their water back on, it had rust in it. As background, the most common reason for residential rusty or brown water is oxidized iron (rust) dislodged from the repair of leaky pipes, replacement of water pipes adjacent to old rusty pipes, or turning the water off and back-on which creates both significant changes in water pressure (drops, increases, or no pressure) and can introduce air in the lines. Ther changes in pressure and/or air dislodge rust and other deposits adhering to the inside of the pipes.
The resident felt it was a Village water issue, and called the Village Water Department, the Utility Office., and EPA. On Monday, the resident stopped in with 2 jars of rusty water and was informed it was likely rust in her system that needed flushed out. Dislodged rust could remain in her system until flushed out properly, including removal of aerators on faucets and shower heads where rust could be trapped. Our employees went to her house that Monday, but no one answered the door. Village employees did take samples of the house across the street and a house 2 doors down – both samples were clear without rust. So the problem was/is isolated to their residence. We were able to gain access yesterday, and our employees flushed her system, and the water is now clear.
Their call to the EPA had the EPA reaching out to the Village. They told the EPA they lived on a dead end, which the EPA thought might be a reason for rust in the Village’s lines that could affect her water quality. While she does live on a dead-end street, the water line on 2nd Street SE loops around to East Main, so there is no water line dead end where rust could accumulate. Water Superintendent Maybaugh has been in touch with our EPA representative to address EPA’s concerns regarding the complaint. If anything else develops I will inform Council.
JV5 Billing Issue. I participated in a TEAMS Meeting with AMP regarding JV5. JV5 is a 42-megawatt of hydroelectric plants on the Ohio River, with back-up generation sources located throughout Ohio. The plant has two generating units with a FERC rated capacity of 21 MW per unit. Formed in 1993. The Village of Brewster “owns” a 0.79% share of JV5. In other terms, JV5 represents 3.6% of the Villages power supply.
The meeting was short. Beginning in March of this year AMP changed the way they billed JV5 from budgeted costs to actual costs, essentially to streamline billing so there weren’t true ups between budgeted and actual costs (could be plus or minus). The actual costs are composed of:
- Purchase Power
- PJM ancillary costs
- Transmission costs for each facility
The reason for the meeting was that between March and September of this year AMP left out the transmission costs for the individual facilities. That number is $1.77 million. That $1.77 million is a SHORTFALL. (quick math - .79% of 1.77 million is $139,830)
AMP presented two (2) options to recover the $1.77 million SHORTFALL from participants:
- Option 1 – recover SHORTFALL through the sale of RECs (Renewable Energy Certificates)
- Option 2 – recover SHORTFALL though an adder to future rates.
Now for the “good” news. The estimated budget number for sale of 2023 RECs was $4.5 million. JV5 is estimating (as of today) the actual amount for sale of 2023 RECs to be $7.9 million. Quick math again -that would mean a projected excess over budget of $3.4, which would cover the additional $1.77 million SHORTFALL of unbilled transmission costs. So, if the Village chooses Option 1 the additional income form REC sales covers the shortfall.
AMP indicated they intend to send a letter out next week outlining the JV5 billing issue. AMP also represented making the choice does not require legislative action (in their opinion). Our Law Director will have to make the final call on whether legislation is needed.
Regardless, Council needs to be informed. In addition, Council needs to be prepared that once formally notified there normally is a quick turnaround from AMP notifying the Village and the deadline for a response. And should our Law Director determine legislation is necessary, Council should be prepared to pass said legislation on an emergency basis at its last meeting of 2023 on December 18th.
If no legislation is required, in my opinion Council should indicate by motion their preference between Option 1 and Option 2.
After Hours Dispatching for the Service/Utilities Departments. The Village continues with the process of implementing an improved after-hours dispatching service.
Leaf Pick-Up. The Village began picking up leaves on Monday October 23rd. It is anticipated that leaf pick-up will continue until at least the week after Thanksgiving, weather permitting.
Efficiency Smart – Rebate. The Village recently received a rebate check in the amount of $450 for energy-saving improvements consisting of switching street lighting to LED. The Village now has only 12 streetlights remaining to convert to LED.
Efficiency Smart – Black Friday Event. Efficiency Smart will be offering the following Black Friday deals through their Online Savings Store:
- Up to $170 off a smart thermostat from November 6- December 27
- Up to $100 off an air purifier from November 6- December 5
- Up to $45 off a dehumidifier from November 6- December 5
Efficiency Smart will share information about the Black Friday specials on social media channels when the deals go live on November 6. The following is a direct link to the store:
https://b2c2.poweredbyefi.org/efficiencysmart
Administrator’s report for period 11/7/2023 through 11/20/2023:
- The next Christmas in the Village meeting will be on Wednesday, December 6, 2023 at Village Hall. Mayor received a request for a donation for the Salvation Army. There was a discussion on how many donation requests are being received.
- The Mayor would like to donate $100 each to the Fairless Band, the Fairless Art Department, and the Fairless Music Department for their participation in the Halloween and Christmas events in the Village.
- The Mayor recommends Council accept the resignation of James West from the police department.
- The Mayor recommends the Police Chief’s recommendation to appoint Jason Mazzaro to a full-time position in the police department.
- The Mayor would like to publicly apologize to Council Member Hilliard for getting frustrated.
VILLAGE CLERK-TREASURER: Kris King
1. The November Month-to-Date and Year-to-Date reports were placed in Councils’ mailboxes.
- The Escrow Account has been opened and a deposit for October and November has been made. The payments are to be made on the 15th of each month.
- We received a $40,000 grant from BWC for the cots. The association will be paying the balance to the Village when the bill comes in. We received $13,916.67 towards the 4 sets of turnout gear. Council approved to pay the balance of $2,783.33. The Chief would like to apply for a ODNR Wildland grant for grassfire equipment to replace the 30+ year old equipment on the Grass Truck and Side-by-Side. He stated it was a 50/50 grant for up to $10,000 and he doesn’t expect it to cost the Village more than $2,500. The end date for this grant is January 14, 2024.
- Liability Insurance: The estimate for the ambulance that hit the deer came in at $28,164.95. The claim has been approved with our $250 deductible.
- Liability Insurance: Our crime policy’s current limit is $250,000. Wichert Agency wanted to share with us that for another $473 in additional premium we could have a $500,000 limit or for $1,140 in additional premium we could get $1,000,000. Council Member Hilliard asked what the appropriate amount for crime insurance is. Several Council Members and the Solicitor spoke up and indicated that they felt it should be increased to $1 million.
- We received $38,540 from Sugarcreek Township for the second payment of the 2023 Fire and Ambulance contract. Council Member Godwin asked if this was the same amount as last year. It was stated that this is the same amount that it has been for the last 20 years.I would like to thank everyone for their patience and assistance while I was out with Covid.
VILLAGE SPEAKS (Communications received by Council Members from Village Residents):
Mayor Hawk reported that there were 155 dinners passed out on Thanksgiving in the Village Community Room between those eating in and the take-out dinners. Everything went well.
COMMITTEES or COUNCIL REPORTS: The Goal of any committee meeting is to discuss an issue or proposal and to provide, by consensus of the committee members, ONE recommendation to Council.
PENDING EXPENDITURE REQUESTS:
- None.
PENDING PROPOSALS FROM PAST MEETINGS:
- None.
OLD or NEW BUSINESS:Council Rules require a two-week waiting period before any expenditure of funds unless determined to be an emergency.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCI MEMBER LONG and motion carried to increase the crime insurance limit to $1 million. The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to allow AMP to use the Village’s RECs (Renewable Energy Certificates) to recover the JV5 billing issue. The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to accept the resignation of James West from the Brewster Police Department. The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to approve the Mayor’s recommendation to promote Jason Mazzaro to full-time status in the Brewster Police Department pending his physical and acceptance into the Ohio Police and Fire Pension System. The vote: All yes.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to donate $100 each to the following Fairless groups: Band, Art Department, and Music Department. The vote: All yes.
Council Member Schwab asked if the Village Administrator was permitted to handle the cruiser sale and purchase of the Watchguard and radio. Solicitor Anthony stated that he could handle it without Council’s formal approval.
Council Member Hilliard asked about the grant for the equipment for the grass fire truck and side by side. He stated he would not make a motion until he had more information.
Council Member Godwin asked if we have any idea of the inventory in the Fire Department. It seems like we have replaced everything possible.
Council Member Long would like the Fire Chief to explain the 9am to 9pm scheduling.
AUDIENCE COMMENTS:
- None
COUNCIL FOX MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to adjourn the meeting at 7:53 p.m. The vote: All yes.
Respectfully submitted,
Kris King, Clerk-Treasurer
Charles Hawk, Mayor