August 3, 2020 Meeting Minutes

AUGUST 3, 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 July 20, 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 LONG MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to accept the bills in the amount of $ 457,233.67.  The vote: All vote: All yes.
Chief Keith Creter, Chief Chris Colucy, and Asst. Chief Jen Mohler.
There were no guests.
CONSIDERATION OF ORDINANCES:  Titles of each read by Solicitor John Anthony
Second Reading: An Ordinance adopting electric service rate schedules for The Village of Brewster, Ohio.  Council Member Hilliard asked for an explanation.  VA Miller stated there will be a presentation before the next meeting.  He also stated that the short version is there will be a reduction in the PSCA.
ORDINANCE 46-2020: Second Reading: An Ordinance approving a Memorandum of Understanding with Fairless Local School District for the Village of Brewster to provide school resource officers from the Brewster Police for the 2020 – 2021 school year and declaring an emergency.
COUNCIL MEMBER FOX 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 HILLIARD MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to pass the legislation as presented.  Council Member Hilliard asked what the delay was in presenting this to Council.  Mayor Hawk stated everything was up in the air about what the district was going to do for the coming year due to COVID-19.  The vote: All yes.
Second Reading: An ordinance awarding a contract for casualty and liability insurance.
Second Reading: A resolution adopting the Village of Brewster 2020 Alternative Tax Budget.
Second Reading: An Ordinance enacting and Approving a Supplement to the Code of Ordinances for the Village of Brewster, Ohio.
RESOLUTION 47-2020:  A resolution to renew a tax levy in excess of the ten-mill limitation for the purpose of providing and maintaining the Fire Department and declaring an emergency was given first reading.
COUNCIL MEMBER FOX 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 FOX MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to pass the legislation as presented.  Council Member Hilliard asked if this was a 10-mill levy.  Solicitor Anthony stated it is above the 10-mill.  Clerk King stated that it is a renewal of the 4-mill levy that generates $122k per year that was passed in 2015.  Council Member Hilliard asked if this was the same resolution that we passed last meeting.  Clerk King stated this is the second resolution required to put the issue on the ballot.  The first resolution was a resolution of necessity that permitted the Village to request a certificate from the County Auditor.  This one contains the ballot language. The vote: All yes.
ORDINANCE 48-2020:  An Ordinance Amending and Correcting Ordinance 37-2020 Authorizing the Sale of Brewster Electric Utility 69kv Electric Transmission Line & Electric Substation Assets to AMP Transmission, LLC (AMPT) and to Correct the Purchase Price in Section 3 and Declaring an Emergency was given first reading.
Solicitor Anthony explained that the Village is now ready to close the sale of the 69kV Transmission Line.  The final documents were received today.   Unfortunately, since so much time has passed since the original ordinance passed, depreciation has changed the price of the assets.  VA Miller stated the original ordinance wasn’t passed under emergency, the original agreement for the closing date was July 1st and had to be moved to August 1st.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to suspend the rule requiring three separate readings and bring the legislation forward for passage.  The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to pass the legislation as presented. 
A. FIRE DEPARTMENT:  Chief Chris Colucy & Asst Chief/EMS Coordinator Jen Mohler
  1. Year-to-date calls = 418.
  2. The Fire Station Expansion update: Construction meeting tomorrow.  They are going to pour the floors and let them cure for a week.  The garage doors will be going in, catch basin installed, oil separator installed.
  3. There was a Paramedic Program Committee meeting last week to discuss expanding the program.  The hiring of 4-6 more Paramedics was discussed to fill gaps in the current schedule.  These are part time positions that will be used to fill shifts when the other Paramedics are not available.  VA Miller stated this is a stop gap measure to cover existing shifts and not expanding hours at this point.  Council Member Hilliard stated it is a lot of responsibility for $16.00 per hour.
B. POLICE DEPARTMENT: Chief Keith Creter
  1. There have been 736 calls thru July.
  2. The Chief has provided the Mayor with information on two candidates, Danielle Nicewander and Alan Swaggard, for part time patrol positions.  Mayor Hawk is recommending the appointment of both candidates.
  3. All the equipment is in for the two new cruisers.  They will be outfitted the week of August 24th.
  1. Filed proof of loss as part of the opioid litigation with the US Bankruptcy court in Southern district of New York regarding Perdue Pharma bankruptcy.  Plaintiff’s set up a committee to assist public entities in filing proof of claims.  Brewster received an estimate which claimed damages for a period from 2003 to 2040 which amounted to $ 971,212.   You’ll recall several months ago Brewster along with many other entities agreed to allow the state attorney general to negotiate its claims in a claims class in the northern district of Ohio opioid pending litigation.  However, we received word Ohio Municipal League that the Attorney General will not file proof of claims in Perdue Pharma bankruptcy filed in the southern district of New York so the claims needed filed by July 30th so I scrambled around and got it filed.  May not amount to anything but you get a seat at the table so to speak.
  2. Started a preliminary draft of an agreement on Welty Cemetery.  I have listed some things that need investigated or answered as well as documents for review.
  3. Reviewed the Public health orders as it relates to public gatherings.  Had to be a party pooper and advise that the concert should not go forward.  This is based upon a review of the existing orders and conversations with officials from the local health department.  Retail outlets, gyms, restaurants, bars are exceptions.
  4. Annexation Petition for 7th Street:  Plat and legal description already prepared.  I will have an
      ordinance for annexation for next meeting.
  1. Reviewed final docs with regard to the 69 KV line sale with AMPT.  The matter is ready to
  1. Council Member Hilliard stated that there is a paramedic that didn’t fulfill her obligation
      according to the contract she signed with the Village.  It was stated that the Mayor, VA, and Chief
      will be working on a letter.
Clerk King received the following email from David Godwin that he asked to be read into the minutes:
“I was told a person was hired or contracted to paint fire hydrants and they were going to receive $45 per hydrant. I am not sure why it wasn’t advertised to the public. I feel by simply giving someone a job because of a friendship it completely wrong. I feel there should of been some kind of process that includes interviews. I heard the person had contracted and not hired. Do they have all the proper bonding and are they paying into all the proper places. I was told that 1 person was suppose to be painting but I have seen as many as 3 persons painting. I think there is plenty of village workers and plenty of time to allow all of our full timers to do it. Did anyone ask if any of the FD and PD employees would want to do it. I know there’s several none for profits that would of been all over $45 per hydrant. I feel hiring or what ever you want to called it while some employees aren’t working on the job. I am not sure why council didn’t not vote on the hydrants and I am not sure who decided not to advertise so other residents had at least a chance to apply for it. I would like a written response by the Honorable Mayor Hawnk Thank you for your time.” 
Council received the Village Administrator’s report last week to review.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to approve the report.  The vote: All yes.
Administrator’s report for period 7/21/2020 thru 8/3/2020:
  • ODOT – Paving RT 93. Karvo has completed paving. They are now addressing water boxes, sanitary sewer manholes, sealing joints, and will be addressing painting lines, including parking spots. I will keep Council informed.
  • Bimeler Park Walking Path Repair and Sealing. The walking path repairs and sealing in Bimeler Park near the basketball court and skate park is scheduled has been delayed. I will let Council know when the work is rescheduled. I am attempting to coordinate the concrete work with the sealing so that the path is affected for a minimum amount of time. The existing path, which is affected by trees, will be removed, the new alignment dug out, the existing path filled in with the portion being removed, and the new path formed and poured and the remainder of the path sealed.
  • Bimeler Park Pavilions/Shelters. The roofs and the ends of both pavilions/shelters closest to the basketball courts are in need of repair. Based on the shade and locations, we solicited quotes for both shingles and metal roofs. Based on the quotes, we have determined to proceed with metal roofs. The low quote of $6,900 for both was from Troyer Roofing. The reroofing and repairs are not scheduled to begin for a couple of months.
Council Member Hilliard is worried the metal roofs will be destroyed.  VA stated the vendor will make them as vandal proof as possible.
  • Water – Well Cleaning. Peerless Midwest has completed their work and Well #4 has been put back in service.
  • East Main Street Paving and Rehabilitation Project. The East Main Street Paving and Rehabilitation Project is well underway. We are awaiting grinding and paving, which should take place shortly. The project should be completed well before the new project end date of 8/31/2020 from OPWC.
  • 2020 Paving Program. We continue to meet with Superior Materials & Asphalt regarding the paving list, with particular 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.
  • Natural Gas Aggregation. The Village continues to monitor natural gas prices for the Village’s Natural Gas Aggregation Program with Independent Energy Consultants (IEC) and Volunteer for the Village Residents’ Natural Gas Aggregation Program for the 2020-2023 period, waiting to strike a final price
  • Fire Station Addition – Progress. Construction is going well.
  • Fire Station Addition – Electric Change Orders. There are no change orders for this meeting.
  • Fire Station Addition – General Change Orders. There are no new general change orders for this meeting. There is one in progress to extend the sidewalk/curb at the southwest side of the addition to add a parking space and address drainage issues that have affected the area.
  • Jefferson Ave Sanitary Sewer Project. The Jefferson Ave Sanitary Sewer Project is moving forward.
  • Advertising 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 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, 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 approval 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.
  • 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.
  • Sale of 69kV Transmission Lines and Associated 69kV Assets. We should be closing on the sale approved by Council the week the week of August 3, 2020.
  • Electric Department – Wabash Lighting. We have been assembling the light poles for South Wabash (adding outlets for holiday lighting, and flagpole supports, and wiring) and began theinstallation of the decorative street lighting on South Wabash.
  • 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.
  • 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 application process closes September 30th.
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.
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).
Council Member Fox asked what the benefits would be for our Electric Department.  VA Miller stated we would get back for the vehicle charging, other than that just bringing people into town and to our businesses.
The initial spot for the charging station was on 4th Street but a better location was decided on at the bump out on East Main Street.  There would be two unattended charging stations that would require a credit card or prepurchase card.  The power would be from the line for the planned lights on Main Street that would come from a drop from the Cleveland Avenue line.
Council Member Hilliard stated there is a resident down there that is not in favor of it.  The resident doesn’t want it in front of his home.  VA Miller stated he is trying to get power and it would not be in front of any homes.  It would be 75 feet from the home in question.  Council Member Hilliard stated he thinks it is unnecessary and stated no resident asked for it.
  • 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 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.
Council Member Fox stated the sidewalks on Huron are horrible.  VA Miller stated they are on the list.  He has a priority list based on the usage of the sidewalk.  Right now, he is looking into the sidewalk from the Hardware to 4th Street.  He also stated there are a number of streets out there that need attention.  He also has to watch the tree budget because many of the areas need tree removals in order for the new sidewalks not to be returned to the same condition.
Council Member Fox also asked if the VA had taken care of the branches for the woman on 2nd Street that had were hanging down on her steps.
  • Mosquito Spraying – Stark County Health Department. The mosquito spraying scheduled for July 21st was completed as scheduled. The future tentative spray dates for Year 2020 (weather permitting):
  • August 4, 2020
  • August 18, 2020
  • September 1, 2020
I would like to pass on the information and cautions from the Stark County Health Department:
Additional items discussed:
  • The price for Miller’s Reliable Waste to do a trash pickup the weekend after the garage sales is $5,700.  That is up from $5,300 last year.
  • The VA is looking for specifications for a building in order to house the police cars.  He has found spec’s through Ohio Cooperative Purchasing.  This will save the Village money.
  • Tires had to be purchased for the front-end loader at a cost of $1,700.
  • Meeting of the Landbank: discussed target acquisition of vacant land that is tax delinquent.  That would gather the property under our umbrella.
1.  ProCare Services contract:  There is a contract for one-year service for one of our LifePak 15’s and
the LUCAS (CPR) machine at a cost of $2,723.40.  Asst. Chief Mohler explained the importance of these contracts for both valuable pieces of equipment.
  1. Hannah Asplin is continuing the painting of the fire hydrants.
  2. The Mayor would like an official appointment of Sydney Radich to the Planning Commission.  A
     motion will need to be made by Council.  She volunteered a while ago, but no official action was
4. Ken Damewood has resigned his position from the Zoning Board of Appeals.
July Month-to-date and Year-to-date reports were placed in Council’s mailbox over the weekend for review.
Fire Pay = $3,183.85 for the August 7th payroll.
Wichert Insurance Services and USI have submitted their quotes for the property and liability insurance.  Assured Partners has their information and will be submitting soon.  Does the Insurance Committee wish to meet in the near future to decide which direction the Village wishes to go? 
I am currently working on the 2021 Alternative Tax Budget.  I will have the figures for the next meeting.
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
Chief Colucy and Asst. Chief Jen Mohler reported on the Paramedic Program Staffing meeting on July 27th.
Village-wide Garage Sales – August 14th and 15th
From Fire Chief Colucy: 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 HILLIARD MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to advertise for up to 5 part time Paramedics.  The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to approve the August 7th fire pay of $3,183.85 from the Fire Equipment Fund.  The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to schedule a Fall Trash Pickup at a cost of $5,700 for the weekend after the garage sales with the north side of town picked up on Saturday, August 22nd and the south on August 24th.  The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to approve the ProCare contract at a cost of $2,723.40 out of the EMS Fund.  The vote: All yes.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to accept the Mayor’s recommendation of the appointments of Danielle Nicewander and Alan Swagard as part time Patrol Officers pending a physical, drug screen, and background check.  The vote: All yes.
Council Member Hilliard asked if the officers will be getting hours.  He has noticed a lot of turnover.  Chief Creter stated they will get hours and he can’t help the turnover.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to appoint Sydney Radich to the Planning Commission.  The vote: All yes.
Council Member Fox wished Mayor Hawk a happy birthday.
There was a brief discussion on the annexation.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to schedule an Insurance Committee meeting on August 17th at 6:30 pm to discuss the upcoming liability and property insurance ordinance.  The vote: All yes.
Council Member Hilliard was going to make a motion to not proceed with the electric vehicle charging station, but it was decided that no action served the same purpose.
Mayor Hawk stated that the August 17th meeting would be held by teleconference.  He stated we will see what safety measures the Governor is issuing before we decide on the September meetings.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to adjourn the meeting at 8:06 PM. The vote: All yes.
Respectfully submitted,
Kris King, Clerk-Treasurer
Charles Hawk, Mayor