June 15, 2020 - Meeting Minutes

 

Due to the COVID-19, this meeting was held in the fire station bay to allow for social distancing.  Notification was sent to the Massillon Independent, the Far Corner, posted on the front doors, and posted on the BrewsterOhio.com website.

 

Brewster Village Council met in regular session with Mayor Chuck Hawk presiding.

 

7:00 P.M. – CALL TO ORDER

 

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 June 1, 2020 Council meeting minutes.

 

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER SCHWAB and motion carried to accept the minutes as presented.  The Vote: all yes.

 

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to accept the bills in the amount of $ 335,314.52.  The vote: All vote: All yes.

 

Ray Heitger, 317 Seventh St SE, wanted to remind everyone the there will be an Easter Egg drive-thru in place of the Easter Egg Hunt that was cancelled due to the Coronavirus pandemic.  The line will run north to south in the alley behind the Moose on June 28^th from 2:00-3:30pm.  If there is any remaining bags, they will be donated to the Fairless Food Cupboard.  The June concert was been cancelled but the concerts will be resumed in July with proper social distancing.  He wished to remind spectators to bring their own chairs as the bleachers will not be available.  The next concert is July 18^th and the band is “Whip It” and is Brewster’s own Andy Scassa.

 

Mayor Hawk presented the Resolution of Appreciation for Wally Davis to Ray Heitger to pass on to the family.  Wally was Ray’s father-in-law.

 

Police Detective Nathan Taylor, Electric Superintendent Ryan Swan, and Fire Chief Chris Colucy were also in attendance.

There were no guests.

ORDINANCE 35-2020: An Ordinance Amending the Transportation Agreement Language with the City of Massillon in Section 3, Reportable Offences, to Comply Better with the State of Ohio Executive Order 2018-03K was given third reading.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCL MEMBER FOX and motion carried to approve the legislation as presented.  The vote: All yes.

 

ORDINANCE 36-2020: An Ordinance Authorizing the Awarding of a contract for the Advance Meeting Infrastructure Project. 

 

COUNCIL MEMBER LONG MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to untable the Advanced Metering Infrastructure ordinance.  The vote: Schwab, no; Fox, no; Hess, no; Hilliard, yes; Long, yes, Radich, yes.  Mayor Hawk broke the tie with a yes vote.

 

Council Member Schwab thanked VA Miller for all the work he did on this project, but he didn’t believe benefits are worth $500,000.  The reason of reduced outages doesn’t justify the expense of the project.  He stated we have an excellent system and staff and outages generally only last less than 30 minutes.  VA Miller wishes this opinion would have been expressed in October before $17,000 had been expended and a whole lot of time had been wasted.  He stated we were expecting it to be $600,000 at that point but it has been reduced down to $500,000.  If we pull out now, it will be 5-6 years before the vendors and consultants will take the Village serious about this project again.  VA Miller went on to explain that it was more than just the shortages being either eliminated or shortened.  This system ties into a SCADA system that gets us set up for smart metering.  The rates for 2024-2030 have been locked in with an increase of $0.004 because of transmission costs and peaks.  With this system, we will be able to shave our peaks that will reduce the cost of the electric throughout the year.  Supt. Swan stated that this should be looked at like we did the solar field, new technology.  Council Member Schwab stated the solar field project was pulled back from originally because of cost and we later were able to construct the field at no cost.  VA Miller stated we currently can’t see what drives increasing the rates without smart meters.  The majority of the cost increases are because of peaks.  He stated that we have the sale of the transmission line to help pay for the project.  VA Miller stated until we have the tools to address the peaks, we can’t decrease the rates. The information that this system provides will enable the village to save on rates.  We have been gathering information and working on this project for over 6 months.  We moved forward when it was going to cost $600,000, then it went down to $560,000 and is now $500,000.  If Council only chooses to do a portion, move forward with the electric portion and complete the water portion later.  VA Miller stated that our engineers, Courtney and Associates, stated the project can be completed without affecting the current rates with most of the cost being absorbed by the Electric Fund.  AEP, First Energy, Westerville, North Canton to name a few, are using smart metering.  It gives us information that would otherwise not have access to.  Each electric meter would cost $380 and the breakeven point per meter is $600 so we would be in good shape.  Council Member Hilliard feels that the Electric Fund could handle it but is concerned about the Water and Sewer Funds.  He recommended doing just the electric portion of the contract.

 

COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to remove the water meter portion of the proposed ordinance.  The vote: All yes.

 

COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER HILLAIRD and motion carried to approve the legislation as amended.  The vote: all yes.  Council Member Hilliard stated VA Miller did a great job on this and he appreciated his work on this projected.

 

ORDINANCE 37-2020: An Ordinance Authorizing a Contract for the Sale of the Village’s Existing 69 kV Transmission Facilities and the Establishment of a Second 69kV Interconnection.

 

COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to untable the sale of the Village’s Existing 69 kV Transmission Facilities and the Establishment of a Second 69kV Interconnection.  The vote: All yes.

 

Council Member Schwab asked if Solicitor Anthony was satisfied with the proposed contract.  Solicitor Anthony stated it was pretty solid.  Originally it was open ended depending on the recovery of the costs through the FERC credits.  If the cost isn’t recoverable, the Village would have to lease the property back and the cost wasn’t specified.  A government cannot commit to an unknown liability. So as not to exceed $900,000 was entered into the contract.  Solicitor Anthony asked them to re-evaluate and it was brought down to $600,000.  VA Miller stated that would amount to $12,500 a month for four years and could be absorbed by the fund.  There is a minimal risk that would happen and can’t show where it isn’t a benefit for the community.  VA Miller stated worst case scenario, we would have to put some money from the sale in escrow until the risk is over.  If the second feed isn’t provided by the purchaser, we can purchase the assets back at a reduced cost.  VA Miller feels there is a great benefit from this project.  There is a possibility of a rate reduction and he has a meeting with the engineer to discuss how best to use these funds.  One of the benefits is that AMPT would like to use the village employees for line maintenance.  This would require larger trucks and a storage facility for all the required equipment.  AMPT would provide both and reimburse the Village for the services of our employees.  Council Member Schwab asked is there were additional expenses charged from GPD Group.  VA Miller believes there were some tucked into some of their bills and is going to have a discussion with them when this is all over about the treatment of the Village during this project.  Council Member Schwab thanked the Village Administrator and the Solicitor for their work on this project. 

 

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to suspend the rules requiring three separate readings and bring the legislation forward for passage.  The vote: All yes.

 

The vote for the legislation as amended: All yes.

 

RESOLUTION 38-2020:  A Resolution Amending the CARES Act Fund to Reflect that it is a Federal Grant by changing the name to CARES Act-Federal Fund and Declaring an Emergency was given first reading.  Solicitor Anthony noticed that there was not an emergency clause in the legislation and recommended adding this.

 

COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to amend the ordinance to include an emergency clause.  The vote: All yes.

 

COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion passed to suspend the rule requiring three separate reading and bring the legislation forward for passage.  The vote: All yes.

 

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

 

Council Member Schwab asked how these funds could be used.  Clerk King stated wages, supplies, small business loans, or any expenses caused by the pandemic.

 

RESOLUTION 39-2020:  A Resolution Authorizing the Amendment and Appropriation of Additional Funds for the Parks and Grounds, DARE, Fire Equipment, EMS, Street Resurfacing, Fire Income Tax, CARES Act-Federal, CARES Act-State, Street Improvement, Water, Sewer, Electric, and Electric Improvement Funds and Declaring an Emergency was given first reading.

 

COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to suspend the rule requiring three separate reading and bring the legislation forward for passage.  The vote: All yes.

 

COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to approve the legislation as presented.  Council Member Schwab asked the Clerk to explain this legislation.  Clerk King stated additional money was received through grants and loans that was not guaranteed at the time the appropriation ordinance was passed.  The vote: All yes.

 

RESOLUTION 40-2020:  A Resolution creating a CARES Act-State Fund and amending and appropriating $65,074.46 for that fund and declaring an emergency was given first reading.  Solicitor Anthony noticed there was not a reason statement for the emergency listed on the resolution.

 

COUNCIL MEMBER LONG MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to add the reason for emergency passage to the resolution.  The vote: All yes.

 

COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to approve the legislation as amended.  The vote: All yes.  Council Member Schwab suggested using some of this grant to pay the wages of the extra shifts in the Police Department during the Governor’s Stay at Home Order.

 

ORDINANCE 41-2020: An ordinance authorizing entering into an agreement with the Board of Stark County Commissioners accepting the Community Block Grant Program and declaring an emergency

was given first reading.  VA Miller explained that Attorney McCallin suggested this ordinance be passed.  His services were used as Solicitor Anthony has a conflict of interest with this agreement.

 

COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to suspend the rule requiring three separate readings and bring the legislation forward for passage.  The vote: All yes.

 

COUNCIL MEMBER LONG MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to pass the legislation as presented.  The vote: All yes.

 

MUNICIPAL DEPARTMENT REPORTS:  

1.    Chief Creter provided an email for Council outlining additional expenses needed to finish up the new patrol vehicles and is asking for an additional $20,000 that the Mayor wants to discuss under old/new business.  Captain Taylor was there to answer questions but was called out to assist another officer in an emergency situation.

Solicitor Anthony has not received any additional information concerning the Jefferson Health Plan litigation or the JEDD with Tuscarawas Township.  

 

COMMUNICATIONS: 

 

VILLAGE ADMINISTRATOR: Mike Miller

Council received the Village Administrator’s report last week to review.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to approve the report.  The vote: All yes.

 

Administrator’s report for period 6/2/2020 thru 6/15/2020:

 

• Route 93 – Markings. The recent markings on Route 93 in the block in front of the Moose/Marathon/Credit Union are there because the gas company needed to relocate a line and make a repair. ODOT found that the gas company had bored through the storm sewer with their service to Marathon. They are going to repair it.

 

ODOT will also be identifying areas where the project is going to repair damaged storm sewer in the vicinity. They will be getting the details soon and will update us.

 

• Fairless High School – Entrance. I had a conversation with Fairless Superintendent Broc Bidlack yesterday about the new school. Fairless is looking to utilize the access “lane” that the village now owns and Fairless retained easement rights to be one of their entrances to the new high school (bus and offices). Obviously, they have retained the right to use it.

 

I took the opportunity to remind him that Fairless needs to obtain a Conditional Use Permit, and he indicated the Architect would be doing so.

 

He did not indicate whether a decision has been made on the location of the new baseball field, but I have instructed the Electric Department to still move ahead with moving our electric line to the east side of Route 62, so that we can co-locate with Frontier and so that ultimately we can add street lighting to Route 62.

 

• Mosquito Spraying – Stark County Health Department. While the formal contract has not yet been executed, we will be accepting a formal proposal from the Stark County Health Department to do six (6) sprayings this summer, between the months of June and September, weather permitting. The cost will be $714.00 per spraying, up from $599.76 last year. The total will be $4,284.00 if none of the sprayings are cancelled due to weather conditions. They will also be taking care of placing notices in advance of each spraying.

 

This year, we don’t have a viable option because our employee who possesses a mosquito spraying license is scheduled to be off for a medical issue. I will be proceeding unless Council has another option

 

• AMI (Advanced Metering Infrastructure). I presented a PowerPoint at the Council of the Whole Committee Meeting on June 1^st to refresh everyone on how we got to the point that Council authorized bidding for AMI, and what the advantages are of AMI, so that Council can be provided all the relevant information before making a final decision.

 

Courtney and Associates, who did our most recent rate studies, performed an analysis to determine whether the projected costs fit into the current and future established utility rates. Their conclusions (will share full data when it is updated) are:

 

• The projected water revenues are slightly exceeding the projected water revenue requirements through 2024 (the automatic increases will support AMI and no changes to the automatic increases need to be made)
• The projected sewer revenues slightly exceeding the sewer revenue requirements through 2024 (the automatic increases will support AMI and no changes to the automatic increases need to be made)
• Based on this analysis, it appears that the Water and Sewer Funds can support the costs associated with the AMI System without having to further increase the water and sewer rates.
• They are updating the electric model, but it too can support the AMI project without rate increases.
• Further recommendations on the electric rates based on the sale of the 69kV transmission line and assets for rate adjustment (down) will be forthcoming.

 

This fills in the last slide of the AMI PowerPoint.

 

In addition, to expand on some entities who have already instituted AMI, I am including the following table:

       

Community	AMI Electric	AMI Water & Sewer
Canton	n/a	YES 41,500
Carey	YES 1926	YES 1438
Miami County	n/a	YES
Montpelier	Currently seeking bids	Currently seeking bids
North Canton	n/a	YES
Painesville	YES
Piqua	n/a	YES
St Clairsville	YES	YES
Westerville	YES
Youngstown	n/a	YES

 

• Fire Station Addition – Progress. A bi-weekly progress meeting was held on Tuesday June 9^th. It was again held in the Fire Station Bays where the Tahoe and grass fire truck are normally parked, but were pulled out so that we could have 10 feet between each participant. Construction is going well and is on schedule. The floor in the turn-out gear room and shower areas has been poured. Steel has been delivered and set in place. The second floor floor has been poured as well. Currently, they are working on completing the drainage system at the south side of the Addition before pouring the foundation for the entrance steps/ramp.is scheduled to be delivered by the end of the week of May 25^th which will allow the second story in begin.

 

The following is the current list of proposed change orders for the Fire Department Addition that will need to be approved before we move forward on them (or declined) by Council at its Monday June 15^th Meeting to stay on schedule.

 

	Proposed Cost	Explanation
Switching to full glass garage doors, which will include upgrading openers	$25,206.40.+ 10%   Chief should be updating number!!!	Per Chief Colucy, it was stated that “this building will be the face of the community” it shows the community what their property and income taxes are paying for with the fire dept. equipment.  We have some of the best equipment around in the area and would like to show it off.  It truly makes the FD a better look with all glass and to show the equipment we have.
Change from key/keypad to wireless electronic keypad system with card/fob access.	$13,500 + 10%.	Locks would have a keyed cylinder, keypad, and a proximity reader that would read a fob or a card. The Village can set up individual doors for individual control so personnel can't access the Fire Station unless that individual is specifically granted access for that door. It can track who and when access is made. It is also expandable to other Village facilities. Because it is wireless, there won’t be a need to run electric to each door, saving that potential cost.
Run electric to no touch hand dryers in bathrooms		We switched to no touch hand dryers in bathrooms after COVID 19. This is cost to run electric to power those hand dryers.

 

 

Still to come are proposed change orders for switching out the second-floor shower from a fiberglass insert to tiled shower, similar to the downstairs showers already approved.

 

There was another potential change order that a price was requested for that was rejected before it was sent to Council - $48,000 plus to substitute a metal roof for an asphalt shingle roof...

 

• Bimeler Park Rentals. We have received an application/payment for rental of Bimeler Park (Field #1 area) for the annual W&LE Picnic. What response does Council wish to provide? What response to other requests to rent facilities?
•  Parks – Opening. The information continues to befluid. Council must make decisions on:

• Tennis Court. The opening rules allow for the opening/use of the tennis courts. Tennis can be played maintaining a 6-foot separation, and there should be no touching of surfaces. I have had a sign made up stating the requirements, so Council could open the tennis Court and have the rules posted, similar to Field #3.
• Basketball Court. Basketball games are a contact sport and have not yet been allowed to begin per the Governor/Health Department. But Council could open the court for individual shooting. I could get the appropriate signs made.
• Skateboard Park. There isn’t anything specific on skateboard facilities, but like tennis the facility can be used maintaining a 6-foot separation, and there should be no touching of surfaces. I could get a simple sign made with the standard 6-foot separation admonishment.
• Exercise Area.  The exercise area COULD be opened (gyms), but it will require cleaning between each use. That could be accomplished by having Village personnel do it (not practical or cost efficient) OR by supplying cleaning wipes and requiring users to clean after their use (can’t find wipes at the moment) or having users bring cleaning products with them and for the user to clean after their use of equipment.
• Playground Equipment. The playground areas COULD be opened as well. There are specific guidelines to do so. Initially, the guidance was to clean after every use. An example, someone uses a swing, when they get off the seat and chains would have to be wiped down/cleaned. The latest is at least every hour. Again, that could be accomplished by having Village personnel do it (not practical or cost efficient) OR by supplying cleaning wipes and requiring users to clean after their use (again, can’t find wipes at the moment) OR by having users bring cleaning products with them and for the user to clean after their use of equipment.

 

We have signs being made. Any violations are to be reported to the Stark County Health Department or our Police Department.

• Bimeler Park – Walking Path Sealing. We are still in the process of getting a price to seal the remaining asphalt sections of the walking path this year, as well as look at any other areas that may need repair.

 

• Bimeler Park – Security Cameras. Staley Technologies has completed installation of the new security cameras in Bimeler Park. All the Village security cameras can be viewed/monitored from the Police Department.

 

• East Main Street Paving & Rehabilitation Project. The East Main Street Paving & Rehabilitation Project is scheduled to begin in June. Northstar Asphalt is the contractor.

 

• 2020 Paving Program. The contracts have been signed for the 2020 Paving Program. Hopefully it should start in the near future. Superior Materials & Asphalt is the contractor.

 

• Water – Well Cleaning. Peerless Midwest is currently scheduled to start the well cleaning and rehabilitation work the week of June 22nd. They anticipate the well cleaning portion to be completed by July 3^rd. They then plan to return with the repaired pump after all approved pump repairs are completed. We expect this project will be completed prior to the project deadline of August 6^th, 2020. 

 

• Electric – Substation Upgrade/Expansion. Construction work has been completed. There may be a short punch list for some final work/touches. The new North Yard Transformer TR3 and new North revenue meter #2 was successfully energized and the existing South Yard 69kV and 12kV to be totally de-energized to enable the start of the Phase II construction, including in-yard and 69kV pole line work was completed.  At this point all three station transformers and town load can be energized via either main 69kV breaker M1 (revenue meter #1) or M2 (revenue meter #2) – but only one (1) side at a time. Our agreement with First Energy allows for one side or the other to be energized at the same time, but not both.  A walk through is being scheduled to finish the remaining punch list items and do a site final review.

 

• Jefferson Ave Sanitary Sewer Project – CDBG Funding. Things are moving forward on the Village’s grant of $441,959 in CDBG Funding.The Village has received the Community Development Block Grant (CDBG) contracts for this project. Al McCallin has reviewed the Agreement between the Village of Brewster and Stark County Commissioners to accept $441,959 in CDBG Funds towards the Jefferson Sanitary Sewer Project and has approved it as to form. (He is/was reviewing it because John Anthony works at Regional Planning and wanted to avoid any appearance of conflict of interest.)

 

He has also rendered an opinion that the Village will need an ordinance authorizing execution of the agreement the Village (Ordinance 48-2019) that authorizes the Village Administrator is authorized to execute any contracts applicable to the grant is not sufficient). That is his opinion, even though the original ordinance authorizing the application authorized the contracts to be signed. The County is moving forward with the project based on the Village’s original application.

 

Council has before it an ordinance to authorize execution of the Agreement between the Village of Brewster and Stark County Commissioners and to accept $441,959 in CDBG Funds towards the Jefferson Sanitary Sewer Project.

 

 

 

• Jefferson Ave Sanitary Sewer Project – Overall funding. As will be/was discussed at the Committee of the Whole meeting June 15^th , as has been done with all past projects undertaken in the Village of Brewster utilizing CDBG funding, the Stark County CDBG Office will be bidding this project on behalf of the Board of Stark County Commissioners & the Village of Brewster.  As such, their office will develop the spec book, have the Board of Stark County Commissioners approve it, set advertising and meeting dates, and bid the project from our office.  The Village of Brewster will not have any responsibility in regard to these matters except to attend necessary meetings.  In fact, once the bid is opened at the Board of Stark County Commissioner’s office, our office will develop the bid tab and remit to Hazen & Sawyer, as the project engineer, for review and acceptance.  They will assemble the contract documents for the Board of Commissioners to approval and award the contract. Once the US Department of Housing and Urban Development (HUD), releases the FY ’20 CDBG funding (this is expected sometime between mid-August to mid-October), the contracts will be remitted to the Board of Stark County Commissioners for final execution. Once construction contract documents are fully executed, our office will hold a pre-construction meeting, and then the Board of Commissioners will issue a Notice to Proceed & construction work can commence.   

The Village is also scheduled to receive $312,378 in OPWC Grant Funds and $209,907 in OPWC zero percent Loan Funds.

 

 

There will be some additional engineering costs necessary to assist Stark County CDBG in putting the bids specifications together that Brewster will need to pay, and potentially pay construction inspection, but those costs should be minimal. There will also need to be coordination with OPWC as well.

There are some concerns regarding our OPWC funding for the Jefferson Sanitary Sewer Project:

 

• The “award” that the Village of Brewster received in OPWC State Capital Improvement Program (SCIP) Funding is for Round 34 (July 1, 2020 to June 30, 2021).
• OPWC SCIP Round 34 Funding is dependent on the State passing a capital bill for the next biennium putting funding in place.
• Because the capital bill is the source of funding for SCIP (and the revolving loan fund), our project Jefferson Ave Sanitary Sewer Project is affected.
• I was informed that the capital bill for the next biennium is on hold.
• What I was also informed yesterday is that the legislature is contemplating NOT passing a capital bill for the next biennium (because with the current fiscal situation because of COVID 19, the thought is that the State should not use its general revenues as debt support to issue general obligation bonds authorized by the voters to fund OPWC SCIP for Round 34).
• I have communicated that to our legislators that forgoing funding for OPWC SCIP for Round 34 Projects, for projects that have already been “awarded” funds, will have a harmful effect on political subdivisions, its residents, in addition to construction contractors and their employees. Construction contractors and their employees will take a massive hit. Political subdivisions throughout the state that were counting on getting capital projects completed with OPWC funds may have to suspend projects already scheduled.
• So, while the Federal Government is contemplating stimulating the economy further, Ohio is contemplating doing the opposite by pulling back “awarded” funding for capital projects for a multitude of other political subdivisions throughout the State, who had been informed they were receiving OPWC SCIP Funding
• Bottom line - our OPWC SCIP for Round 34 “award” is meaningless unless the State passes a capital bill for the next biennium putting funding in place or otherwise funds Round 34 SCIP.

 

• Finally, our contact with OPWC has informed me that:

In regard to bidding and awarding contracts, with COIV-19 and the uncertainty of our SCIP funding, applicants are permitted to start construction after July 1st prior to an OPWC agreement being signed. If we are able to release our Round 34 SCIP project agreements they will be dated July 1, 2020 and all costs incurred will be eligible for reimbursement. We cannot guarantee when or if the Round 34 SCIP funding will be available; so, applicants that move forward with their construction projects do so at their own risk.

 

Considerations for the CDBG Funding we have in hand are:

 

• If we do not move forward with the CDBG Funds, we lose them. Stark County CDBG needs to have the funds obligated and spent by April 2021.
• If we do not move forward with the CDBG Funds, we will negatively affect our ability to get ANY future funding through the County going forward.
• If we do not move forward with the CDBG Funds, and we still lose the OPWC Funding, we then will have to borrow ALL of the $964,244 for the Jefferson Sanitary Sewer Project construction, and likely incur additional engineering costs for bidding.
• The Jefferson Sanitary Sewer Project is necessary, as we have sinkholes above the pipe.
• Stark County CDBG anticipates bidding in October, and awarding/proceeding in November and December – plenty of time for the State Legislature to get OPWC Funding in place.
• The Legislature will be heavily lobbied, because Brewster won’t be the only political subdivision “awarded” OPWC SCIP funding in Round 34 but potentially not funded. There are eight (8) approved projects in District 19 alone, and seven (7) political subdivisions slated to receive OPWC SCIP Round 34 funds – Stark County, Brewster, Canal Fulton, Louisville, North Canton, Canton, and Massillon. For our State Senator and State Representative, that doesn’t include political subdivisions “awarded” elsewhere in their districts – i.e. District 8 – Summit County.
• Objectively, IF the OPWC Funding falls through, we have still replaced a $312,378 OPWC Grant with a $441,959 CDBG Grant, so we are financially in a better position.
• $209,907 of the total of $522,285 in OPWC Funding was a 0% loan. The remaining $312,378 is supposed to be a grant. So, IF we do not get OPWC funding the effect is that we would be increasing what we borrow in we had both OPWC Funding and CDBG Funding by a maximum of $312,378.
• If we didn’t receive the CDBG Funding, we would have had to borrow $441,959.
• Finally, CDBG money is first in/spent, so if the engineer’s estimate is high (has 10% contingency), we would spend less Village (or OPWC) funds.

 

In conclusion, while “… applicants that move forward with their construction projects do so at their own risk”, my view is that we need to proceed with our CDBG Funding already in place (bird in hand), and take steps to assure that the State puts our “awarded” OPWC Funding for Round 34 in place.

 

HB 670 was introduced May 20^th, which would appropriate funds for SCIP Round 34 and Revolving Loan Fund. Based on current information, there is a companion bill in the Ohio Senate. Based on current information, it should pass. IF passed, it/they address my concerns about OPWC Funding for this year.

 

• Potential Transmission Sale –Sale of 69kV Transmission Lines and Associated 69kV Assets. The Village opened proposals for the purchase of the existing 69 KV Transmission Facilities and Establishment of a Second 69 KV Interconnection on December 2, 2019.The Village received one (1) proposal, which was from AMP Transmission (AMPT).

 

The proposal was forwarded to Courtney and Associates for review.Courtney and Associates has recommended we proceed with the sale.

 

AMPT sent representatives to our January 21^st Council Committee Meeting:

 

Pamala Sullivan, AMPT, President

Lisa McAlister, AMPT, General Counsel

Ryan Dolan, AMPT, Director of Transmission

 

The meeting allowed Council to have a better understanding of the sale of the Village’s transmission line and an additional feed to the substation.  The following subjects were discussed:

• History of AMP Transmission, LLC.
• ATSI Zonal Transmission Rate Projections
• Zonal Cost Socialization
• AMPT Opportunities
• Brewster’s need for a second transmission line
• Brewster’s System Overview
• Proposed System Reinforcement
• Brewster Proposal Overview

To refresh Council’s memory, the Village’s request for proposals for the purchase of the Village’s existing 69 KV Transmission Line and Assets and Establishment of a Second 69 KV Interconnection included:

 

• Sale of the Village’s transmission line from First Energy’s Harmon Substation (dedicated exit) to the Village’s Substation, at a minimum price of our investment cost less depreciation.
• Sale of the 69kV switches and assets at the substation, again at a minimum price of our investment cost less depreciation. (Some of these assets are being constructed/installed currently as part of the Substation Upgrade/Expansion Project).
• Requirement that within a reasonable period of time (i.e. 3 years) that the purchaser construct a diverse second feed to our substation (i.e. from feed to west, east, or south that does not directly interconnect with our Harmon feed from First Energy)
• The ability to repurchase the transmission line(s) and other 69kV assets in the event that the purchaser fails to construct the second diverse feed and/or the purchaser divests itself of the transmission line(s) and other 69kV assets for any reason (first option to purchase) at the price paid (and documented cost of construction of the second diverse feed, less depreciation)
• An option for maintenance to be done on the transmission line(s) and other 69kV assets by the Village of Brewster with reimbursement from the new owners.
• That the purchaser of our transmission line and 69kV assets files to recover all its costs, including the construction costs for the second diverse feed) either through FE’s and/or AEP’s zonal transmission rates (PJM) and not directly assign any of said costs to Brewster.
• That the Village MAY enter into negotiations with the lowest and best proposer.
• Even if it enters into negotiations the Village MAY STILL determine to withdraw if the Village feels it is in the best interests of the Village to do so.

 

     Some of the advantages of the proposed Village Transmission Project are:

 

• to allow for and have constructed a diverse second feed to our substation (i.e. from feed to west, east, or south that does not directly interconnect with our Harmon feed from First Energy) to provide redundancy.
• to have a diverse second feed to our substation without the Village having to pay the cost with Village funds (considerable savings).
• to return a considerable sum to the Electric Department, allowing rate stabilization and/or even rate reduction.

 

Legislation to authorize the sale of the Village’s existing 69 KV Transmission Line and Assets and   Establishment of a Second 69 KV Interconnection to AMPT was drafted, and been given three (3) readings, but tabled until some final tasks could be accomplished. The tasks that were waiting for completion are:

 

 

Those tasks have been completed so that the legislation authorizing the sale of Brewster Electric Utility 69kV Electric Transmission Line and & Electric Substation Assets to AMPT is ready to be taken up and acted on by Council.

 

GPD has updated the value/cost per the bid specifications and passage of time.

 

Law Director John Anthony and AMPT Representatives have worked the contract language and it has been finalized.

 

Prior to our last Council Meeting, Law Director John Anthony was concerned about having a number to be inserted in the blank space for the “worst case scenario” where the Village would “lease back” the transmission facilities. The number was provided shortly before the June 1^st Council Meeting. At that point he was also concerned about the amount and the chances the Village would have to “lease back” the transmission line.

 

AMPT has revised their “worst case scenario” number down significantly for “lease back” of the transmission facilities scenario. AMPT has also explained again (they did so when they came before Council earlier) how the worst-case scenario” where the Village would “lease back” the transmission facilities could occur, and the chances for that scenario. The chances of that occurring are very small. It has not occurred with any of their other transmission purchases/projects. AMPT has already included the facilities in its projected rate for 2020 and, once AMPT purchases the Village’s transmission line, they would immediately initiate the planning approvals required in PJM for the second delivery point. AMPT is confident it would be approved. There is a chance an objection could be filed, but AMPT is confident that application would still be approved. However, AMPT cannot GUARANTEE approval, so they had to include “worst case scenario” language and a number. In the unlikely event that AMPT’s FERC application would be declined and they can’t recover their investment/purchase via rates, the Village would then begin “leasing back” the transmission line and 69kV assets based on the revised number provided.

 

 

• Village Hall Retaining Walls. At the Council Meeting on June 1^st, Council authorized proceeding with a change order for the Fire Station Addition to install a versa lock retaining wall on the east side of the new Fire Station Addition, towards the house to the east.

 

As I indicated, we also received a price from the same contractor to remove the “leaning” retaining walls to the south of Village Hall and replace them with versa lock retaining walls. The price we received is $12,100. This has been on our “list” for some time. The current brick retaining walls are leaning and will at some point fall over. Both retaining walls are under the Village’s new 4-foot standard where we would NOT need to have them engineered.

 

I am looking for Council to provide input.

 

• The concrete has been poured at the levee gate.  It is now curing.

 

• The price to fix and seal the walking path is $1,900.

 

• I am going forward with the purchase of two pagers to set off the tornado siren.

 

VILLAGE MAYOR: Charles Hawk
1.   Village sign proposal from Wackers signs.

 

COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to enter into executive session for the purpose of considering discipline of an employee of the Village of Brewster.  The vote: All yes.  Council, Solicitor, VA, and Mayor left the room at 8:20PM.

 

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to exit executive session at 8:28PM.  The vote: All yes.  No action was taken.

 

Council Member Hilliard had a resident ask when Main Street will be started.  VA Miller stated it will be laid out this week and starting next week.

 

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

June 1, 2020 Council of the Whole meeting minutes provided by Clerk King.

June 15, 2020 Council of the Whole-VA reported on the funding of the Jefferson Sanitary Sewer Rehabilitation Project.  We are fully covered on paper.  OPWC is sketchy but we are moving forward.

 

July 6^th - Council of the Whole to discuss the Welty Cemetery Proposal – 6:30 pm

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COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to schedule a Council of the Whole Finance meeting on July 6^th at 6:00pm to discuss Safe Routes to School, the Triner Estate donation, and other financial items.  The vote: All yes.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to approve the fire pay of $ 3,501.66 from the Fire Equipment Fund.  The vote: All yes.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to approve the railroad to use the park.  The vote: All yes.  VA stated it needs to be communicated to them that they have to follow the Governor’s protocols.

 

COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to approve Hallie Swonger to attend EMT school at a cost of $1,700 from the EMS Fund.  The vote: All yes.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to SCHEDULE Village Garage Sales August 14-15.  The vote: All yes.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to allow the Recreation Board to have a band on July 18^th in Bimeler Park with social distancing.  The vote: All yes.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to approve an additional cost of $27,500 for glass doors for all the Fire Station garage doors from the money donated by the Triner Estate.  The vote: All yes.

 

VA Miller brought up the $14,850 for the wireless entry.  Chief Colucy stated it didn’t have to be passed this evening.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to approve the purchase of two pagers at a cost of $12,100 from the Capital Projects Fund.  The vote: All yes.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to suspend Council Rule #38 which requires all expenditure requests to lay on the table for one meeting (unless deemed an emergency) for the additional expenses for the new police cruisers.  The vote: Schwab, no; Fox, yes; Hess, yes; Hilliard, yes; Long, yes; Radich, yes. 

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to approve the purchase of radios, cameras, and the lettering of the new cruisers at a cost not to exceed $17,500 from the Police Income Tax Fund.  The vote: Schwab, no; Fox, yes; Hess, yes; Hilliard, yes; Long, yes; Radich, yes.  Council Member Hilliard stated this is not the way we should be doing business and doesn’t like doing this in this manner.  Mayor Hawk stated he will be more vigilant.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to open the tennis court, basketball court, and the skate park with signs outlining the Governor’s Rules and Regulations.  The vote: All yes.

 

VA Miller is waiting another meeting to get more information before opening the fitness equipment and playground equipment.  Right now, the equipment is to be cleaned between each use.  We need to have better guidance for signage.

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to adjourn the meeting at 8:53 PM. The vote: All yes.

 

Respectfully submitted,

 

Kris King, Clerk-Treasurer

 

Charles Hawk, Mayor