August 17, 2020 - Meeting Minutes

AUGUST 17, 2020
7:00 P.M.
Due to the COVID-19, this meeting was permitted by Sub.H.B.197 to be held through a conference call.  Notification was sent to the Massillon Independent, The Far Corner, posted on the front doors, and posted on the website.
Brewster Village Council met in regular session with Mayor Chuck Hawk presiding.
Council Members bowed their heads for the invocation provided by Clerk-Treasurer
Kris King followed by the Pledge of Allegiance to the flag.
Charles Hawk, Mayor
Dale Fox, Council Member                            Andrew Hess, Council Member                 
Thomas Hilliard, Council Member                  Brett Long, Council Member
Sydney Radich, Council Member                   Mike Schwab, Council Member
John Anthony, Solicitor                                  Kris King, Clerk-Treasurer
Michael L Miller, Village Administrator
Mayor Chuck Hawk asked if there were any additions or deletions to the August 3, 2020 Council meeting minutes.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to approve the minutes as read.  The Vote: all yes.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to accept the bills in the amount of $ 695,002.61.  The vote: All yes.
Police Chief Keith Creter and Fire Chief Chris Colucy.
There were no guests.
CONSIDERATION OF ORDINANCES:  Titles of each read by Solicitor John Anthony
ORDINANCE 49 – 2020: An Ordinance adopting electric service rate schedules for the Village of Brewster, Ohio was given third reading.  Council Member Hilliard asked for an explanation.  VA Miller explained that the actual rate stays the same but 4/10 of a cent reduction on the PCA. This will save residents a few to couple dollars per month. This will apply to both residents and businesses. VA Miller stated the reason for passing this under emergency is so the residents and businesses can save on their September bills.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to suspend the rules requiring three separate readings and bring the legislation forward for passage. The vote: All yes.
COUNCIL MEMBER LONG MOVED, SECONDED BY COUNCIL MEMBER SCHWAB and motion carried to pass the legislation as presented. The vote: All yes.
Third Reading: An ordinance awarding a contract for casualty and liability insurance.  Solicitor Anthony requested this ordinance be tabled until a competitive bidding process is complete.
COUNCIL MEMBER LONG MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to table the ordinance. The vote: All yes. Council Member Hilliard asked if a new ordinance needed to be created or if we would just use the tabled ordinance after the bidding process. Solicitor Anthony stated the tabled ordinance would be sufficient. Council Member Long stated he did not receive a copy of the quote from a third bidder that was mentioned. Clerk King stated they would be bidding but had not provided a quote.
RESOLUTION 50–2020: A resolution adopting the Village of Brewster 2021 Alternative Tax Budget was given third reading. Council Member Schwab asked the clerk how we were doing. Clerk King stated our budget is expected to be lower than last year but higher than the year before. With the uncertainty in the economy, she thinks we are doing pretty well.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to pass the legislation as read. The vote: All yes.
Second Reading: A resolution establishing a Safe Routes to School fund to allow for the appropriating and tracking of expenses. This resolution was inadvertently missed for second reading at the last meeting.
ORDINANCE 51–2020: An Ordinance enacting and Approving a Supplement to the Code of Ordinances for the Village of Brewster, Ohio space was given third reading.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER SCHWAB and motion carried to pass the legislation as presented. The vote: All yes.
ORDINANCE 52–2020: An Ordinance Authorizing and Directing that the Proceeds of the Sale of the Village 69KV Transmission Line and the Assets be used to pay off the balance of the Village loan and declaring an emergency was given first reading. VA Miller explained that this was a recommendation from the rate study that was performed. He stated it doesn’t make sense for the Village to pay interest on an asset that we just sold. We will save at least $2250 per month in interest while we wait for it to go through three readings and then 30 days until effect. Council Member Hilliard said so we got a loan, were paying interest, we sold the line. VA Miller said that is correct and we also sold some of the assets at the south substation.
COUNCIL MEMBER SCHWAB 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 SCHWAB MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to pass the legislation as presented. The vote: All yes.
First Reading: A Resolution declaring the Official Intent and Reasonable Expectation of the Village of Brewster on behalf of the State of Ohio (The Borrower) to reimburse its Water Fund from the Jefferson Sewer Main Replacement, CS03X with the proceeds from Tax Exempt Department of the State of Ohio.
A. FIRE DEPARTMENT:  Chief Chris Colucy
  1. Year-to-date calls = 445.  There were 4 calls today.
  2. The Fire Station Expansion update: Construction meeting tomorrow.  They are going to seal the floors also tomorrow.  There will be a final inspection on the electric then drywall will be installed.  The construction meetings will start being weekly instead of every other week.
  3. There were 2-3 Paramedics apply for part-time positions available.
  4. The FEMA Grants are being wrapped up.  There has been no response on the 2020 grant.  Chief Colucy is keeping his fingers crossed.
B. POLICE DEPARTMENT: Chief Keith Creter
  1. The Chief is looking into moving up the “Fill the Cruiser” food drive in order to help the Fairless Food Cupboard.  The Fairless Food Cupboard is running low on food to pass out.
Council received the Village Administrator’s report last week to review.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to approve the report.  The vote: All yes.
Administrator’s report for period 8/4/2020 thru 8/17/2020:
  • ODOT – Paving RT 93. Karvo has completed paving. They have addressed water boxes, sanitary sewer manholes, and sealing joints. They are addressing painting lines, including parking spots. They laid out the lines and parking spaces on Route 93 to be painted on August 13th. Parking spaces are the same, except we tweaked one in front of Village Hall to accommodate the new handicapped ramp. I will keep Council informed.
  • Bimeler Park Walking Path Repair and Sealing. The walking path in Bimeler Park near the basketball court and skate park has been completed. The path north of the basketball court, tennis court, and skateboard park was affected by trees, and has been removed. The new alignment ties into the old path and stays entirely on Village property. The old alignment ventured onto US Army Corps of Engineers property. The new walking path alignment also preserves the trees and is approximately the same length as the old path. The US Army Corps of Engineers has made a comment about the trees being removed (from what I understand a repeat comment), but that the trees aren’t coming down as they are on Village property and more than the 15 feet away from the levee. We are still scheduled to have the remaining asphalt sections of the walking path repaired and sealed.
  • East Main Street Paving and Rehabilitation Project. The East Main Street Paving and Rehabilitation Project has been completed. The project has been completed well before the new project end date of 8/31/2020 from OPWC. We are awaiting billing from the contractor so we can complete payment and close the project out.
  • 2020 Paving Program. We continue to meet with Superior Materials & Asphalt regarding the paving list, with attention on 6th Street SE to assure that we re-establish drainage on the north side where we paved without grinding in the past and blocked downspout drains. Paving should begin shortly.
Ø  Fire Station Addition – Progress. Construction is going well. The next progress meeting is scheduled for Tuesday August 18th at 9:00 am.
  • Fire Station Addition – General Change Orders. At this point we only have one (1) change order for the upcoming Council Meeting Monday August 17th. It involves a reworking of the sidewalk connection from the Fire Office addition portion at the south side to the steps that go down toward to Legion and out to Wabash.
One of the primary reasons for the change is to address drainage. The current setup has water from rear of Legion Building going behind makeshift wall and under sidewalk, which has caused subsidence. The new layout will have a curb that directs the water run-off down to a pair of trench drains that will be tied into an existing drain on the north side of the sidewalk. In addition, the revised layout adds a parking space and addresses the steps down in a way that is safer. There were negotiations on the cost, and the current price represents a significant reduction. I have provided a copy of the proposed change order.
I am requesting Council approve this change order at the upcoming Council Meeting Monday August 17th.
  • Fire Station Addition – Changes Orders & Overall Budget. So we can step back and take account of where we are and put into an overall perspective of where we stand with the Fire Addition Budget:
  • Original contracts for General, Electric, and Plumbing/HVAC amounted to $1,479,348.
  • Change orders to date (I am including the proposed sidewalk/drainage changes listed above) amount to $98,099.22.
  • Total cost including change orders to this point is $1,577,447.22. We are 6.6% over the original award.
  • A “mitigating” factor is that Council has designated $22,000 +/- from the Triner Estate bequest towards the glass garage doors, which amounted to a $22,311 increase/change order. So, the actual increase from Fire Income Tax is more like $76,000 +/- ; or $1,550,000 total +/- ; or a 5.1% increase.
  • Sale of 69kV Transmission Lines and Associated 69kV Assets. We have closed on the sale approved by Council the week the week of August 3, 2020.
  • Electric Rates. I have forwarded a copy of Courtney & Associates’ PowerPoint regarding their Electric Rate Study. Their recommendation on rates (ordinance is before Council) represents a reduction in rates across the board. Their recommendation also includes using the proceeds from the sale of the 69kV transmission lines and assets to pay off the loan with AMP for the Substation Expansion/Upgrade. If anyone has questions prior to the scheduled adoption of the ordinance, please get them to me and I will attempt to get answers, so they are on the record. The “goal” is to have the new rates in place before the bills go out in September. The rates would be effective retroactively to July 1st. To adjust there would be a one time “adjustment” in the bill going out in September to give customers a “credit” for July and August.
I am asking that it be passed on an emergency basis on its third reading August 17th so that the rates can be included in the bill due in September.
  • Electric – Substation Upgrade/Expansion Project Loan through AMP. In January of 2019, the Village entered into an agreement with American Municipal Power, Inc. to finance the cost of the Village’s Substation Upgrade/Expansion Project (Ordinance 2-2019). That project has now been completed, and the current balance is $2,571,416. Two (2) events have recently occurred:
  1. the Village has elected to sell its electric transmission facilities, including its 69kV transmission line and 69kV assets, to American Municipal Power Transmission for $2,522,377 (Ordinance 48-2020); and
  2. the Village completed a rate study by Courtney and Associates which includes a recommendation to utilize the proceeds of the sale of the electric transmission facilities, including its 69kV transmission line and 69kV assets, to pay the balance due on the loan it has with AMP for the Project;
As the proceeds of the sale of the electric transmission facilities, including its 69kV transmission line and 69kV assets are not enough to pay of the entire loan amount, we will need approximately $50,000 from the Electric Improvement Fund (current balance $1.2 million) to pay the full balance due on the loan we have with AMP for the Substation Expansion/Upgrade Project.
I am requesting that Council pass legislation on an emergency basis to direct the Clerk-Treasurer to utilize the proceeds of the sale of the electric transmission facilities, including its 69kV transmission line and 69kV assets, as well as any necessary funds from the Electric Improvement Fund to make up the difference between the proceeds and the balance on the AMP loan, to pay the balance due on the loan it has with AMP for the Project.
The reason for declaring the legislation to be an emergency arises from the fact that the Village is paying a considerably higher rate of interest on its loan with AMP than it can earn by investing the proceeds of the sale of the electric transmission facilities, including its 69kV transmission line and 69kV assets. The Village is paying $2,250.41 in interest this month. The Village saves by paying the balance due on the loan it has with AMP for the Substation Expansion/Upgrade as soon as possible. It was also calculated to be paid off as part of the Electric Rate Study, which allows the Village to reduce electric rates for its customers as set forth in legislation adopting new electric rates. If we go 3 readings and wait the 30 days for it to go into effect we will accrue between $4,500 and $6,750 in additional interest.
  • Electric Department – Wabash Lighting. Installation of the decorative light poles for South Wabash has been completed, the old poles removed, and restoration complete. 
  • AMP Annual Power Supply Update. We will be meeting remotely with representatives of AMP on to go over the Village’s annual power supply update on Thursday August 27th at 1:30 pm.
  • Jefferson Ave Sanitary Sewer Project. The Jefferson Ave Sanitary Sewer Project is moving forward.
  • Advertising has or will take place in the Repository on August 10th, 17th, and 24th.
  • A Pre-bid meeting is to be held Tuesday August 18th at 8:30 am.
  • The bid opening is scheduled for September 1st at 10:00 am.
A reminder that because of the CDBG Funding, Stark County is handling the contract process.  As done with all past projects undertaken in the Village of Brewster utilizing CDBG funding, the Stark County CDBG Office is bidding this project on behalf of the Board of Stark County Commissioners & the Village of Brewster. As such, their office has developed the spec book, has had the Board of Stark County Commissioners approve it, has set advertising and meeting dates, and bid the project from their office. The Village of Brewster does not have any responsibility regarding these matters except to attend necessary meetings. In fact, once the bid is opened at the Board of Stark County Commissioner’s office, the Stark County CDBG Office will develop the bid tab and remit it and the bids to Hazen & Sawyer, as the project engineer, for review and acceptance. They will then assemble the contract documents for the Board of Commissioners to approve and award the contract. Once construction contract documents are fully executed, their office will hold a pre-construction meeting, and then the Board of Commissioners will issue a Notice to Proceed & construction work can commence.
There will also be coordination with OPWC as well.
  • Advanced Meter Infrastructure (AMI). The Kick-Off Meeting for the Village’s AMI Project is Wednesday August 19th at 8:30 am. I know that Council elected not to pursue the Water/Wastewater portion of this project because of budget concerns, but I will be inquiring about having a dozen or so water meters installed to eliminate issues we have at addresses where we do not have access to the meter due to physical barriers or other issues such as dogs. This will eliminate those residents calling in or our estimating those bills. The only cost to do so will be the add on equipment for those meters, as the rest is included in the AMI Project.
  • Natural Gas Aggregation. Tuesday, August 4th on advice of our consultant Independent Energy Consultants, the Village set the natural gas price for Brewster’s Natural Gas Aggregation Program for the next 36 months (2020-2023). The price was set at $3.781/Mcf. For comparison, our current rate for our program that has been in place the past 2 years was/is $4.053/Mcf. Our new rate beats all the other 36 month offers currently available on the PUCO’s Apples to Apples chart.
Our next steps will be Volunteer ordering the customer list and preparing letters, which the Village will have a chance to review before they go out. It will include FAQ’s, a news release, etc. for the Village as we get closer to mailing.
  • Planning Commission Meeting August 20th regarding New Fairless High School Conditional Use Application. A meeting of the Brewster Village Planning Commission has been scheduled for Thursday August 20, 2020 at 7:00 pm in Council Chambers at Brewster Village Hall at 302 South Wabash Avenue, Brewster, Ohio. At that meeting, the Planning Commission will be accepting an application from Fairless Local School District for a conditional use permit to build a new 9-12 High School on parcel number 10010430 facing 7th Street SE. At that time, the application is considered officially filed.
The August 20th meeting the Planning Commission, due to restrictions in place as a result of the COVID 19 pandemic and current orders in place by the State of Ohio, will be held via “Zoom”, as the Village cannot allow more than a maximum of 10 persons in Village Hall. Persons interested in observing the proceedings can contact the Village Administrator at 330-767-3931 and will be provided the required information to log into the meeting.
At the August 20th meeting, the Planning Commission and Fairless Local School District will be providing information regarding their application for a conditional use permit to build a new 9-12 High School, and the Village Administrator will be providing the Planning Commission information he has obtained regarding storm water and traffic study. Questions may be asked by the Planning Commission, and if time allows questions may be posed by the public as well.
At the expiration of the August 20th meeting the Planning Commission will recess the meeting to a future date. Village regulations require that within 20 days after the application is officially filed the Village Planning Commission shall review and consider the application, make its findings public, and approve, disapprove, or modify the application after a public hearing. The date set at the expiration of the August 20th meeting the Planning Commission Meeting will be the public hearing, at which time the public will be given an opportunity to submit comments or questions in writing, provide testimony or ask questions, pursuant to the same process (“Zoom” Meeting) as the August 20th meeting. At the conclusion of the convening of the recessed meeting, the Planning Commission may review and consider the application, make its findings public, and approve, disapprove, or modify the application OR recess to another date.
Ultimately the Planning Commission must make findings of fact and conclusions based upon properly admitted evidence, so anything that the public wishes the Planning Commission members to consider should come in during its meeting and/or public hearings. Planning Commission members are under no obligation and if fact have been discouraged from discussing the application outside their official meetings and/or public hearings.
Application materials are available for inspection at Brewster Village Hall at 302 South Wabash Avenue, Brewster, Ohio. Comments and/or questions may also be submitted in writing at that address prior to August 20th or prior to the reconvening of the recessed meeting.
Every effort is being made to allow full public input while observing the restrictions in place on public meetings.
  • Stark County Metropolitan Sewer District Sewer Extension. Last year Council passed Ordinance 37-2019, which authorized the VA to enter in an agreement between Stark County Metropolitan Sewer District and Brewster to accept and treat sanitary sewage from Sugar Creek Twp.’s Justus Avenue and Keller Avenue areas.The Stark County Metropolitan Sewer District is finalizing plans to construct the sanitary sewer extension. They have also incorporated and can bid connecting or “looping” our water line, that currently ends across from 857 7th Street SE to the hydrant in front of the Fairless Bus Garage on Route 62, where it dead ends, at the same time with their sanitary sewer project.
Connecting or “looping” the water line is advantageous because it eliminates dead end water main(s) by constructing an additional water main from the dead end to another water main to complete a “loop”. Our loop is a relatively short distance of 1600 feet +/-. Our loop will have few additional water service connections. It will however allow for extension of water in the future to the same area the Stark County Metropolitan Sewer District is extending sewer to. Any future extension would have to be approved by Council and paid for by the new customers in some fashion. It also creates system reinforcement and better fire flow if that were needed.
The major advantage of constructing a water line extension at the same time the Stark County Metropolitan Sewer District is extending sanitary sewer is the cost will be lower due to a contractor already being mobilized. In looking at the Water Department budget, we have $209,907 budgeted in 2020 for water line connection/looping as part of the Jefferson Sanitary Sewer Project that we have received a OPWC Loan at 0% interest, so that amount will be spread out evenly over 20 years rather than a one-time cost, freeing up the majority of those funds. Also, we have in the 5-year Water Capital Budget $45,000 for water line replacement that could be used.
I am recommending and requesting Council to create and pass legislation authorizing the Stark County Metropolitan Sewer District to advertise and receive bids concurrent with their bidding out their Project to serve Sugar Creek Twp.’s Justus Avenue and Keller Avenue Areas with sanitary sewer.
Once bids are received, Council will have another opportunity to determine whether to proceed.
  • ODOT Transportation Alternatives Program. As I previously informed Council, I am exploring an alternative source of funding to building the Safe Routes to Schools (SRTS) Shared Use Path (SUP).
The Ohio Department of Transportation (ODOT) has a Transportation Alternatives Program (TAP) that the Village could use to build just the SRTS SUP, and potentially the entire portion from the Crosswalk at Route 62 to Wabash at Main instead of doing so in steps (piecemeal). I have provided information that more fully describes TAP.
The advantage to the Village is, unlike OPWC where to score well enough to get funding the Village has to provide a match of 51%, the TAP provides 80% funding (up to 95% construction) so the Village would only have to come up with a match of 20%.
What also is attractive about TAP is that to get the SRTS SUP completed the Village would only have to match funds for the SUP at this time. The costs for curb & gutter and/or street improvements or the like, which is a considerable amount, can be deferred for future OPWC or SRTS Grant applications.
In addition to the lower match, what the Village has completed to this point puts us in a good position to apply and be competitive so that we can hopefully obtain funding. All the ADA Ramps are now in place for the SRTS SUP. Transportation Alternatives Program funding would tie together the east side of Route 62 (for which we have SRTS Grant in place), the portion that is partially complete on 7th Street, and connect to “dots” with the ADA ramps at Park and 7th, Main and Park Drive, and Main and Cleveland.
The application is a two (2) step process beginning with a letter of interest due October 31st and if we are invited to compete beyond that point an application due January 31st, 2021.
From a strictly financial position, IF the SRTS SUP has $500,000 remaining (not a real number at this point), at a 49% match the Village would ultimately spend $255,000, where under the Transportation Alternatives Program the Village and a 20% match the Village would ultimately spend $100,000. Examples of other funded projects, both scope and award, is what is most appealing if the Village can get a similar grant.
I would like Council to create and pass legislation authorizing the Village Administrator to make application for TAP Grants to complete the Safe Routes to Schools (SRTS) Shared Use Path (SUP) from Wabash and Main , east on Main to Park Drive, south on Park Drive to 7th, east on 7th to Route 62, and south on Route 62 to the crosswalk where our SRTS Grant is slated to construct the rest of the SRTS SUP.
  • Electric Vehicle Charging Stations. I have updated Council on installing Electric Vehicle Charging Stations in Brewster.
As I indicated earlier, the State of Ohio solicited bids for EV Charging Stations, and awarded contracts to Charge Point, Inc., Donovan Energy, EVunited, and Sway Mobility, Inc. We met earlier in the year with representatives from EVunited. As I also indicated, installing Electric Vehicle Charging Stations in Brewster at this time could potentially establish Brewster as, at a minimum, a short term destination for Electric Vehicle owners to stop, either as they travel Route 30 or as they travel to or from Amish Country. Once they stop, they will have time to patronize our local businesses.
Recently the State of Ohio has opened the application process for the installation of Level 2 Electric Vehicle (EV) Charging Projects. We have followed up now that the EV Funding will be available, and we have received a proposal from EVunited upon which we can proceed with the application process.
The bottom line is that IF the Village received the full $15,000 per location grant from the State of Ohio, we would be responsible for at least an additional $9,940 more in matching costs, which could come from the electric fund.
The application process closes September 30th. I need Council to determine whether they wish for me to proceed with an application for a grant from the State of Ohio for the installation of Level 2 Electric Vehicle (EV) Charging Station(s).
  • Efficiency Smart. Time is running out for residents to get their free energy-saving products! Residents can complete Efficiency Smart’s free Home Energy Challenge by September 30 to claim their reward. They will also be entered to win a Nest Thermostat or Phillips Hue starter kit. Residents should visit and click on “Home Energy Challenge” to get started. Questions? Call Efficiency Smart at 877-889-3777. 
  • Sidewalk Fund Expenditures. Since there are questions about what are proper expenditures from the Sidewalk Fund, I am requesting that Council clarify what it means by “construction, maintenance, repair, and replacement of sidewalks within the Village”. I would request that ADA Ramps be addressed specifically, since I view ADA Ramps as appropriate and covered by “construction”.
IF it is determined that ADA Ramps are NOT included as a proper expense from the Sidewalk Fund, I would request direction from Council as to where ADA Ramps are to be paid from, or that Council create a specific account for ADA Ramps.
IF it is determined that specifically the hard surfacing of the 7th Street Shared Use Path between Park Drive and Amherst is NOT an eligible cost for the Sidewalk Fund, then the $30,000 that was placed in the sidewalk Fund be transferred to the fund that Council determines those costs should be paid from.
  • Mosquito Spraying – Stark County Health Department. The mosquito spraying scheduled for August 4th was completed as scheduled. The future tentative spray dates for Year 2020 (weather permitting):
  • August 18, 2020
  • September 1, 2020
I would like to pass on the information and cautions from the Stark County Health Department:
VA Miller had a conversation with the Army Corps of Engineers concerning what is now called the second Street Extension. He also discussed the drainage on the Berresford property with the Army Corps of Engineers.
OPWC has announced there will be a District 19 – Round 35 – which he will be applying for.
Council Member Schwab asked what the Level II EV Charging grant would cover. VA Miller stated it would cover the wire being moved there, a transformer, and other expenses that would be needed. He stated we have to run the wire to light Main Street anyhow. He looked into for fancy poles. The cost on the poles would’ve been $30,000. He stated that normal poles would have to be used but he still has to get the electric and get it established.
Council Member Schwab stated the new streetlights on the 500 block look fantastic. He would like to thank the electric guys for a job well done.
VA Miller discussed the fire station change order. This can be an additional parking place additional training for the steps and he stated that the Triner donation will essentially cover the glass doors. A total of the change order will be $12,929.24.
Council Member Hilliard questioned VA Miller and Council Member Schwab’s emails. He asked what the diagrams were showing. VA Miller stated these were the original drawings put together by Thrasher which was the plan that was put in place by Council. VA Miller would like to invite anyone to look over these diagrams and he would explain them further. He went on to explain the funding for the Safe Routes to School funding. The last two years different funds have been used depending on the project being done. The new fund that Council Member Schwab suggested he created would essentially take all the money out of one source. This would affect Park Drive Phase 1 of which the paperwork is due by October 15th. VA Miller discussed curb and gutters, ADA sidewalk ramps, OPWC, and paving of 7th Street and the funding used to pay for these.
Solicitor Anthony provided the following report:
  • There is a personnel matter Solicitor Anthony is working on and we will need to have an executive session at some point in the near future.
  • A recent case decided by the fifth district court of appeals August 5th 2020.
The case dealt with governmental immunity and repair of a county road.  Perry County was sued by a motorcyclist who hit a chuck hole on a county road and suffered fairly severe injuries. The trial court denied the County’s request to dismiss the case.  The case requires a trip through the immunity statute.  In short, Perry County maintains the county roads which is a governmental function and therefore the grant of immunity applies unless there is an exception which in this case there is as follows:
R.C.2744.02(B)(3) states:
(3) Except as otherwise provided in section 3746.24 of the Revised Code, political subdivisions are liable for injury, death, or loss to person or property caused by their negligent failure to keep public roads in repair and other negligent failure to remove obstructions from public roads, except that it is a full defense to that liability, when a bridge within a municipal corporation is involved, that the municipal corporation does not have the responsibility for maintaining or inspecting the bridge.
There was a question of whether the County was aware of the existence of the chuck hole or not and whether they were negligent in failing to repair the road.
No defenses named in the statute that gives Perry County relief.  Basically, the court found that it is a question for a jury to decide whether the County had actual or constructive notice of the chuck hole and was negligent in failing to repair it.  Did not throw out the case and a jury of peers and citizens of the county will decide the issue of negligence.
Sound decision and well-reasoned decision and chuck holes and repairs are a matter of interest and I thought it was interesting Fifth District Court of Appeals decided the case the way they did.
There have been no communications received for this meeting.
Hannah has been busy painting hydrants. The mayor stated she is doing a great job and they are looking good. Council Member Schwab stated he agreed that the hydrants look good and he asked how many more she was going to paint. Mayor Hawk stated that she plans to paint all the hydrants if she doesn’t run out of steam. He stated we plan to pay her after every 12 hydrants are complete.
The Mayor stated that he signed the School Resource Officer (SRO) contract with Fairless School. He then delivered to the High School.
August 17, 2020:
Fire Pay = $ 3,336.41 for the August 21st Payroll.
I’ve reached out to our Northeast Regional Liaison Jake Altman concerning changing the title of the Fire Equipment Fund to the Fire Operations Fund.  He called back and stated that as long as the purpose of the fund remains the same, the name can be changed.  It will require an ordinance from Council.  I’ve tried to find an ordinance creating the fund to verify it’s intended use, but it was created by motion only on May 19, 1975.
I will be working on a bid package to advertise for our property and liability insurance.  The quotes came in over $50,000 per year.
The 2021 Alternative Tax Budget is complete.  I will be emailing this to the county tomorrow.
I’ve finally been able to get through to the Federal Service Desk for help getting our SAM number for federal grants.  I spend approximately 5 hours and 15 minutes waiting on hold or for call backs.  The problem with our original submission was that the file was unable to be opened.  Instead of letting us know that was what the problem was, they tagged it for not having the proper notarization.
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
Council Member Schwab reported on the Employee Compensation Committee meeting on July 28th.  The VA provided wage comparisons with other communities.  The clerk answered revenue questions.  The expansion of the Paramedic Program was also discussed.
Planning Commission Meeting: Thursday, August 20th at 7:00 PM at Village Hall (New High School)
Council Member Schwab asked the Fire Chief Colucy were he was with the purchase of bullet proof vests.  The Chief stated he is holding off.  He is having a meeting with a security guard from Mercy Medical Hospital.  There is a grant that will cover the vests but not the side panels.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to approve the change order for the Fire Station Expansion in the amount not to exceed $12,929.24 the additional drainage work. The vote: All yes.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to prepare a bid package and advertise for property and liability insurance. Council Member Hilliard asked where it would be advertised. Clerk King stated it is generally advertise in the Canton Repository and Massillon Independent. Solicitor Anthony stated that would be satisfactory. The vote: All yes.
COUNCIL MEMBER LONG MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to approve the fire pay of $3336.41 from the Fire Equipment Fund. The vote: All yes.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to have an open air – social distancing meeting for the Safe Routes to School Project and to wear comfortable shoes on August 24 at 6 PM to walk the proposed path. The vote: All yes.
Mayor Hawk asked Police Chief Creter if it would be possible to adjust the time to swear in his new officers since that was the date and time the officers were to be at Village Hall. Police Chief Creter said he could change it to 5:45 PM.
COUNCIL MEMBER HILLIARD MOVED SECONDED BY COUNCIL MEMBER SCHWAB and motion carried to hold the Tuesday, September 8TH’s regular meeting at the fire station. Council Member Hilliard stated he wanted to hold an executive session soon and this would provide that opportunity. Solicitor Anthony stated that if more than 10 people show up then we will have to turn them away. He thinks that would be an unlawful act and if over 10 people are in attendance it will complicate things. Fire Chief Colucy stated there will be a fire meeting that evening as well, would they be counted into the 10 if they are in a separate part of the building? Solicitor Anthony said the fire meeting in a different part of the building does not count towards the 10 people in attendance for the Council meeting. The vote: Long, no; Radich, no; Schwab, yes; Fox, yes; Hess, yes; Hilliard, yes. Clerk King stated motion carried 4 to 2.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to adjourn the meeting at 8:09 PM. The vote: All yes.
Respectfully submitted,
Kris King, Clerk-Treasurer
Charles Hawk, Mayor