May 1, 2023 - Meeting Minutes

MINUTES

BREWSTER VILLAGE COUNCIL

MAY 1, 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, Charles Hawk, followed by the Pledge of Allegiance to the flag.

The meeting took place at the Fire Station.

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, Clerk Treasurer, was excused. Nancy Bucher, Assistant Utility Clerk, will be taking the minutes.

MINUTES FROM THE APRIL 17, 2023, REGULAR COUNCIL MEETING:

Mayor Chuck Hawk asked if there were any additions or deletions to the April 17, 2023, Council meeting minutes.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER RADICH 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 $277,666.87. The vote: All yes.

AUDIENCE:

Fire Chief Chris Colucy and Scott Killy (855 S. Wabash) were in attendance.

PRESENTATION OF GUESTS: None

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

Ordinance 37-2023: An ordinance authorizing the purchase of a bucket truck for the electric department.

COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to approve the legislation as read. The vote: All yes.

Ordinance 38-2023: A resolution amending resolution 28-2013 which created a sewer department fund for the repayment of loans and resolution 01-2017 which set an amount of collections to be deposited in said fund in the Village Sewer Utility.

COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to approve the legislation as read. The vote: All yes.

COUNCIL MEMBER SCHWAB asked the reason for this change. Village Administrator, Mike Miller, explained that the Clerk Treasurer, Kris King, had stated that this will help with the increase of future loans.

Ordinance 39-2023: An ordinance approving/disapproving the recommendation of the Planning Commission recommendation to disapprove the amending the zoning map.

Village Administrator, Mike Miller, agrees with this recommendation for the car wash area.

COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to approve the legislation as read. The vote: All yes.

Ordinance 40-2023: An ordinance amending 7.06 cell phone and pager use policy to electronic wireless communication device use policy.

Village Administrator, Mike Miller, this ordinance will overlap the amendment that the state has made with texting and driving.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to approve the legislation as read. The vote: All yes.

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). The Village Administrator, Mike Miller, requested that this be tabled because the design hasn’t been completed.

COUNCIL MEMBER LONG, SECONDED BY COUNCIL MEMBER RADICH and motion carried to table this at the Third Reading. The vote: All yes

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). The Village Administrator, Mike Miller, requested that this be tabled because the design hasn’t been completed.

COUNCIL MEMBER FOX, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to table this at the Third Reading. The vote: All yes.

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 the lining and the rehabilitation/installation of two (2) manholes in the sanitary sewer line and runs between 5^th and Jefferson and 4^th Street and declaring an emergency (at third reading). The Village Administrator, Mike Miller, requested that this be tabled.

COUNCIL MEMBER SCHWAB, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to table this at the Third Reading. The vote: All yes.

SECOND READING: An ordinance authorizing the Village Administrator to prepare bid specification and advertise for the bids for the Brewster Water Transmission Main Replacement Project.

MUNICIPAL DEPARTMENT REPORTS:

POLICE DEPARTMENT: Chief Nathan Taylor (excused)

COUNCIL MEMBER HILLIARD expressed concern regarding the wrong side of street parking that occurs in front of Just Ice Cream and Tattered and Worn. Mayor Hawk will reach out to Chief Taylor

FIRE DEPARTMENT: Chief Chris Colucy

There have been 313 calls to date.
The following have completed their Firefighter First Class: Matt Bair, Cody Owens, and

Chief Chris Colucy.

COUNCIL MEMBER SCHWAB thanked Chief Colucy for the use of the Fire Department for this council meeting.
COUNCIL MEMBER HILLIARD asked the status of the new ambulance. Unfortunately, there is no update.
COUNCIL MEMBER GODWIN stated that the state has budgeted money for all Ohio Fire Departments to pay for the Mark Radio System, which will save a considerable amount of money.

VILLAGE SOLICITOR: John Anthony

Solicitor, John Anthony, stated that Senate Bill 33 (tax abatement) went into effect April 2, 2023. But because the village council passed a resolution (on an emergency basis) on March 20, 2023, to timely meet a filing deadline, accept the annual recommendation of TIRC, and will continue the current tax abatement with the Brewster Dairy. Solicitor, John Anthony and Village Administrator, Mike Miller, are still reviewing the legislation.
Solicitor, John Anthony, recently attended the Ohio Land Bank conference. County Land Banks continue to grow in Ohio. The Land Bank is a land reutilization company that has as its purpose to put nonproductive land back into productive use. This would allow the village to operate without the need for public bidding when approached by developers.
COUNCIL MEMBER HILLIARD asked Solicitor, John Anthony, what the legal status is on the damage that was caused by a tree falling on a resident’s car. Clerk Treasurer, Kris King, reported the incident to the village’s insurance company and completed all forms. However, the claim was denied. Solicitor, John Anthony, stated that frequently the residents’ insurance company and the villages will make a deal for payment. Sometimes it is considered an act of God or there is a moral obligation that we decide to pay. It is Councils decision to decide how to proceed. In the past, Council voted to pay for damages to another resident’s vehicle.

COMMUNICATIONS:

VILLAGE ADMINISTRATOR: Mike Miller

Council received the Village Administrator’s report last week to review. Administrator’s report for period: 4-18-2023 thru 5-1-2023:

COUNCIL MEMBER LONG MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to approve the Village Administrator’s report as presented. The vote: All yes.

2023 Paving Program. The 2023 Paving Program has been completed. It started Monday April 10^th and was wrapped up on Wednesday April 12^th. The 2023 Brewster Paving Program was awarded in the estimated amount of $155,078.50 and included:

Jackson NE from Barber to Superior
Jackson NE from Superior to Huron
Superior NE from Wabash to Mohican
Tuscarawas NW from Harmon to North Terminus

We ended up non-performing a few items:

Line 4 – ADA Ramp at Jackson & Superior - $6,880
Line 5 – partial depth repairs on Jackson between Superior and Huron - $3,000

The final bill, including some quantity changes and a mobilization charge for Line 4 came to $152,215.60, which is $2,862.90 under the original award/estimate.

As I indicated previously, we will have to find an alternate method of addressing bringing the ADA Ramps at the intersection of Jackson & Superior up to current code. In that same vain, I am preparing the requirements for ADA Ramps that will need to be updated with the 2024 Paving Program:

Chestnut and Tuscarawas, Pinewood & Tuscarawas, Locustdale and Tuscarawas, and Locustdale & Wabash so that they can be addressed ahead of the 2024 Paving Program, at less cost, and hopefully with much less confusion.

2024 Paving Program. I have begun work on the list for the 2024 Paving Program, which the streets that were part of the OPWC Tuscarawas/Locustdale/Pinewood Water Line Replacement Project being priorities. The plan is to let trenches settle this summer, put in new ADA Ramps at the intersections ahead of next year, and remove any “hazard” trees and replacing any displaced sidewalk before paving all those streets next year. I have informed Columbia Gas of those plans so that if there is a need to also replace gas lines on these streets they can do so before we pave them next year.

OPWC - West Main Reduction and Rehabilitation Project. Thrasher continues to work on preparing basic drawings, plans, and cost estimates in preparation for the OPWC West Main Reduction and Rehabilitation Project funding application pursuant to Ordinance 31-2023.

OPWC Tuscarawas/Locustdale/Pinewood Water Line Replacement Project. We are still waiting for the weather to improve so that the trenches can be restored in a more permanent manner.

Hillview Mobile Home Park Sanitary Sewer “Project” – WPCLF Design/Planning Loan. The “loan” has been approved anddesign is underway.

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 CDBG Application. We are still waiting for confirmation that Brewster received a $40,000 CDBG Grant for the Hillview Pump Station – looking for vote of Board of Commissioners approving recommendation.

There is a catch to accepting the $40,000 CDBG Grant - it is for Fiscal Year 2024, which begins July 1, 2024. So, the position “we” (the Village) and Hillview are in:

do we (and can we, or better stated Hillview) wait until July 1, 2024 to begin bidding and construction (with EPA consent decree and the Common Pleas Court contempt fine pending)
if we wait, do we keep the “bird in hand” (construction loan up to $255,000) OR do we take a “risk” and reapply (renominate), hoping to get “loan forgiveness” IF we are approved again in the next round? Matt Kline of RCAP indicates that reapproval is near 100%.
Matt Kline of RCAP had some additional information from his conversations with EPA – we can keep current loan for construction while we renominate the project. That means no downside to renominate (other than EPA litigation against Hillview). We could get more loan forgiveness. If we do not like what the outcome is, we follow through on existing loan approval.

So based on my conversation with Matt, my opinion now is:

“we” take the $40,000 CDBG Grant (reduces amount to be assessed to taxes to closer to the “assessed” value)
by taking the $40,000 CDBG Grant it simplifies the Villages involvement, as RPC/CDBG will handle putting together the bids docs, advertising, award, prevailing wage, etc.
by taking the $40,000 CDBG Grant, the owners are in a better position, as CDBG funds are first in, so the WPCLF Loan will be spent last, and their monetary commitment is reduced.
We keep the existing WPCLF Loan AND roll the dice and renominate the project hoping for a better outcome. Could further reduce monetary commitment for owners.

All the above is tentative, subject to verification of CDBG Grant AND whether the owners of Hillview can get EPA and the Court to “go along” with the plan. More to follow.

Brewster Sanitary Manholes Project – WPCLF Loan(s). The Village’s application for the loan has been submitted. Work on the plans is underway.

Brewster Sanitary Sewer Lining and Manhole Rehab/Replacement Project – WPCLF Loan(s). The Village’s application for the loan has been submitted. Work on the plans is underway.

Ambulance Purchase. I have signed and forwarded thenew/amended Purchase Agreement. When we get an update on delivery, I will inform Council.

OPWC Brewster Water Transmission Main Replacement Project. The Brewster Water Transmission Main Replacement Project has been approved for funding by the Ohio Public Works Commission. The OPWC amount is a total of $1,500,000: $1,200,000 in an OPWC Grant and $300,000 in an OPWC Loan. The total project cost is estimated at $1,653,917.

OPWC will release the Project Agreements will be released on or about 7/1/2023, assuming budget authority is in place. The Village cannot award a construction contract or begin construction until the Project Agreement has been fully executed. The Village MAY initiate engineering and design services at our own risk prior to July 1^st – the Village already has, and it is a part of our projected match.

The Village MAY ALSO advertise for bids, providing we follow the contractual requirements posted on the OPWC website. That is the intention, so I will be presenting legislation to Council to authorize advertising and receive bids.

The tentative timeline for advertising for bids and subsequent award of a contract is:

April 17th first reading
May 1st (or May 3rd) second reading
May 15th third reading and passage
Advertise for bids May 23rd, May 30th, June 6th.
Open bids June 20th
Recommendation for CT to Council on award June 27th.
Award contract July 3rd IF we have OPWC Project Agreement has been fully executed.
Award contract July 17th – should certainly have OPWC Project Agreement fully executed by then.

So that we are ready to award in July or August, I will also be presenting legislation to Council to authorize awarding a contract.

Electric Building – Progress and Potential Change Orders. Underground utilities are installed, and work is underway so that the floor can be poured.

As I did with the Fire Station Addition and the Community Room, any Change Orders for the Electric Building will be reported to Council as they come up and presented for Council to approve or ratify. I indicated in the April 17th VA Report that we expected a Change Order for framing out the exterior walls on the west side so that we can install electric, better insulate, as opposed to attaching drywall directly to the cement walls. We have been presented with the new (second) Change Order in the amount of $3,850.00. It breaks down as:

Install 2x4 framed wall along West and South walls of the office/breakroom to allow for electrical boxes and conduits.
Install ½” furring along West wall of the men’s and women’s restroom to allow for drywall installation.
Install risers for oil water separator due to grade difference plus 2’-0 material only.

The cost breakdown is as follows:

	Amount	Percent
Original Contract	$964,000.00
Change Order #1	$1,312.50	.00136
Change Order #2	$3,850.00	.00536
New Total	$965,312.50	.0012

I am requesting a motion to ratify/approve Change Order #2 at the May 1st Council Meeting.

Keep in mind we have a rebate of $700 coming from Efficiency Smart in hand at this point as well to reduce the cost.

Electric – Bucket Truck Replacement. I have drafted legislation to purchase a Bucket Truck through Sourcewell to replace the 2000 Bucket Truck in the Electric Department. There is a need to replace the 2000 Electric Department Bucket Truck, as it will be turning 25 years old approximately the same time the Village can expect a new one based on delivery time. Once it is 25 years old, it will no longer be able to be dielectric tested. At the point it can no longer be dielectric tested, the safety of our employees who use it can no longer be assured. By purchasing through Sourcewell’s cooperative purchasing program the Village does not have to prepare specifications and bid it out.

The cost to purchase a Bucket Truck from Terex in accordance with Sourcewell Contract #110421-TER is $313,357.

OPWC Park Drive Phase 1. Council awarded a contract for Park Drive Phase 1 to Northstar Asphalt based on the base bid PLUS Alternate #1 in the amount of $319,318. The $319,318 is split up with $140,584 from OPWC, $20,090 from Capital Improvement, and the remaining $158,644 from the Street Improvement Fund. We have met with Northstar twice in the field. Another meeting is scheduled for May 1^st. We expect construction activity to begin within the next few weeks, weather permitting.

Electric Department – Potential Battery Storage Project. A meeting was held Monday April 11 with a representative of Convergent, Dwight Niederkofler of GPD, and the Village to review sizing of the battery storage as part of the process of preparing specifications for a Battery Storage Project. Work continues.

2022 Tree City. On Wednesday April 26^th I attended the Ohio Region 2 and Region 6 2022 Tree City USA Awards in Cambridge. The Village received its 30-year Tree City Award, as well as its 3-year Growth Award. Of note, Brewster was one of three Tree Growth Recipients from Ohio Region 2 and Region 6 to receive a Tree Growth Award (3 out of 51).

Storm Drainage Projects. The current list of storm sewer projects in their priority order, with updates on their status:

Substation drainage - COMPLETE.
Catch basin in front of 251 7^th Street SE – repair/rebuild.
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 7^th 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.

Properties in the Village with High Grass. As an FYI, letters have begun going out for properties that either have high grass or trash issues in the Village. High grass letters state:

Once the green cards (certified delivery) come back, the Village can cut the property and if unpaid place the cost of the property owner’s taxes. So, if you notice any properties in the Village where the grass is not being cut in accordance with our ordinance, please let me know.

Efficiency Smart – Expansion of Current HVAC Rebate Offerings. On March 1, Efficiency Smart introduced a $100 rebate on qualifying central air conditioners and a $50 rebate on qualifying window air conditioners. This will expand their current HVAC rebate offerings and give residential customers additional options to save energy in their homes. Efficiency Smart expects the new window air conditioner rebates to be of particular benefit to renters as they have fewer opportunities to make upgrades in their homes.

To kick off and raise awareness of these new rebates, Efficiency Smart will be giving away a window air conditioner on their Facebook page starting on March 1. Residents who comment on our post with what they are most looking forward to this summer will be entered into a drawing to win a window air conditioner. Residents will have one week to enter.

Efficiency Smart – Extra Credit Teacher Appreciation Contest. Efficiency Smart is kicking off the Extra Credit teacher appreciation contest next Monday, May 1. Residents will be able to nominate a K-12 teacher in our community to win up to $750 towards energy efficiency improvements and an energy efficiency check-up for their home. Teachers can also self-nominate for the contest.

Nominations will be open through May 14. Five teachers will be selected as finalists and a vote will be held. The winner will be announced after voting ends on June 7. All finalists will receive free energy efficiency recommendations and a cash prize towards energy efficiency upgrades. In addition, two school districts will receive up to $1,500 towards energy efficiency improvements.

Proposed Planned Unit Development at the end of East Main. Prior to the Planning Commission meeting for the third time on April 20^th to review a Conditional Zoning Certificate request for the end of East Main (former gun club), the applicant withdrew their request. As a result, the Planning Commission Meeting was brief.

The applicant has indicated that they plan to file a simple Subdivision/Plat Application in the future. That process, unlike the Conditional Use Application process, provides very little ability for the Village to negotiate. That process is more determining whether the Subdivision/Plat Application meets the requirements of the Village (i.e., lot sizes conform with the applicable zoning and whether the streets are to Village Standards).

The Village Administrator, Mike Miller, stated that the test water line hasn’t been done yet because of the weather. Also, there is a change order on the electric building at a cost of $3850.00. Also, because of some quantity changes and a mobilization charge in the cost of $6880.00 for the ADA ramp at Jackson & Superior more area will be able to be completed.

COUNCIL MEMBER LONG asked if Columbia Gas has been contacted about work that they might want to do as we are doing ours. Village Administrator, Mike Miller, has reached out to Columbia Gas (several times) and will try again.

COUNCIL MEMBER SCHWAB asked for clarification regarding the development of the Gun Club land. Village Administrator, Mike Miller, explained that the zoning that is in place would allow for houses to be built IF all boxes are checked. At this point in time, the owner/developer would like to build whatever he can build within the zoning requirements.

COUNCIL MEMBER SCHWAB asked when there will be a meeting of the Council of the Whole regarding the water and sewer charges for Hillview Estates. Village Administrator, Mike Miller, would like to set a date for that after he returns from vacation.

VILLAGE MAYOR: Charles Hawk

Christmas in the Village meeting is meeting May 3, 2023, in Village Hall.
Community Room meeting with the Prosecutor on June 8, 2023, in the Community Room at 6 p.m.
If we decide to pay the resident for damages ($3200.00) done to their vehicle, which fund should that money be pulled from??

VILLAGE CLERK-TREASURER: Kris King, excused.

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 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 an emergency.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to move forward with the change order of $3850.00 for the electric building. The vote: All yes.

Village Administrator, Mike Miller, explained that the work will be done on the West and South walls to allow for electrical boxes and conduits, drywall installation, and to install risers for oil water separator.

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER SCHWAB and motion carried to schedule Council of the Whole meeting on June 20^th at 6:30 p.m. to discuss master meters. The vote: All yes.

COUNCIL MEMBER HILLIARD discussed more regarding the vehicle that was damaged by a tree from the woods on village property, the car was in the alley. COUNCIL MEMBER GODWIN doesn’t think it is a good idea to pay for the damage to the vehicle. Solicitor, John Anthony, stated that we do have precedent from a past claim that we did pay out to a resident, but we are not legally bound to pay for this or others. The insurance company has denied the claim. Is there a moral obligation??

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion failed to pay the repair costs on the car that a tree fell on in an alley. The vote: Godwin, no; Hilliard, yes; Long, no; Radich, no; Schwab, yes; Fox, no.

AUDIENCE COMMENTS:

Resident, Scott Killy (855 S. Wabash) suggested that signs be posted in the area “Don’t Park Here” or “Park at Your Own Risk”.

COUNCIL MEMBER GODWIN noted that owners of Brewster IGA are busy preparing for the upcoming opening of the store.

COUNCIL MEMBER HILLIARD recently attended the Wandle House Museum Historical meeting. At the meeting, they discussed the many meetings/events that are held at their building. Of course, the Station Restaurant and museum anchor the facility. The Boy Scout meetings, Pollution Control Group meetings, shelter during tornados, a quarter auction, to name a few. There are also thoughts of becoming a senior center (comparable to Northwest Senior Center) for our community. The roof needs repaired, with an estimated cost of $345,000.00. Debbie Lehman will be assisting the museum to complete forms for grants in the hope of receiving grant money. The Historical Society has invited Mayor Hawk to attend an upcoming meeting at the Wandle House. COUNCIL MEMBER HILLIARD also asked that the village send a letter to show our support for all that they do for our village.

COUNCIL MEMBER SCHWAB asked if a thank you card could be sent from the village to the railroad, expressing our appreciation for their recent donation to paint the caboose at the Wandle House. Mayor Hawk will send a card.

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to adjourn the meeting at 7:52 p.m. The vote: All yes.

Respectfully submitted,

____________________________________________________

Nancy Bucher, Assistant Utility Clerk

____________________________________________________

Charles Hawk, Mayor