April 20, 2020 - Meeting Minutes

 APRIL 20, 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.
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 April 6, 2020 Council meeting minutes.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to accept the minutes as presented.  The vote: All yes.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to accept the bills in the amount of $ 364,162.14. Council Member Hilliard had spoken to Mayor earlier in the day concerning the Menards bills.  Council Member Hilliard had given his opinion at the last meeting concerning the trips to Menards and was very concerned about employees going to Menards and being around other people.  He stated that employees should not go to Menards more than two to three times a year.  He is getting disgusted and stated they should have a list of supplies and either order online and have delivered or pick it up.  He is going to vote against paying all the bills until these trips stop.  VA Miller stated that the departments made five trips in months’ time.  He does not feel it is out of line.  VA Miller gave the following description of the trips:
  • 3/15/20: Drainage tools
  • 3/24/20: Parts for equipment for COVID-19 – air dryers
  • 3/27/20: PVC pipe
  • 4/7/20: Additional parts for the storm sewer project
  • 4/7/20: Parts to repair the hydrant in Witting Park
VA Miller stated it would be an exorbitant amount of supplies to require having everything the departments could need.  Plus, they would probably forget what they had or where it is stored.  The guys go to R&R Junction for what they carry.  Council Member Hilliard apologized because he did not have access to that information before this meeting.  The vote on the motion to pay the bills: Hess, yes; Hilliard, no; Long, yes; Radich, yes; Schwab, yes; Fox, yes.  Motion carried to pay the bills.
Fire Chief Chris Colucy and Police Chief Keith Creter were also on the call.
Representative Bill Roemer joined the call to see how the village was doing.  When he ran for District 38 State House of Representatives, he promised to stay in contact with the municipalities and attend a meeting at least once a year.  He shared the state’s perspective on the issues of opening the state and on health issues.  The state has opened up the $2.7 billion rainy day fund.  Representative Roemer is on the Finance Committee and put this in perspective by stating the state’s annual budget is $70 billion dollars.  The state is also going to suffer from reduced sales tax and income tax collections.
CONSIDERATION OF ORDINANCES:  Titles of each read by Solicitor John Anthony
Second Reading: A Resolution authorizing the Village Administrator to prepare and submit an application to the Ohio Public Works Commission State Capital Improvement Program for a Park Dr East Main Street rehabilitation project phase 1, and to execute contracts as required.
Second Reading: A Resolution authorizing The Village Administrator to prepare and submit an application to the Ohio Public Works Commission State Capital Improvement Program for a Park Drive Rehabilitation Project Phase I, and execute contracts as required.
Second Reading: A Resolution authorizing The Village Administrator to prepare and submit an application to the Ohio Public Works Commission State Capital Improvement Program for a water filter media rehabilitation and replacement project, and execute contracts as required.
ORDINANCE 24-2020: An ordinance authorizing the awarding of a contract for the 2020 paving project was given second reading.
COUNCIL MEMBER SCHWAB 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 asked the VA for an explanation of why it needs to be passed under emergency.  VA Miller explained that if left it run its course through the third reading then 30 days to put it into effect, we would be out into June.  Then we would have to get on Superior’s schedule and it probably wouldn’t be until fall before the project got underway.  Council Member Hilliard asked if passing it this way would save the village money.  VA Miller stated the cost of $157K would stay the same but by getting it done earlier in the year, the materials would cure better before winter.  By passing under emergency, will be 45 days ahead.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to pass the legislation as presented. The vote: all yes.
First Reading: An ordinance authorizing the adoption of an employee 4.05c expanded family    medical leave policy and the addition of the policy as defined to the Village handbook.
First Reading: An ordinance authorizing the adoption of an employee 4.01C health emergency paid sick leave and the addition of the policy as defined to the village.
Third Reading: An Ordinance Authorizing a Contract for the Sale of the Village’s Existing 69 KV Transmission Facilities and the Establishment of a Second 69 KV Interconnection was given third reading.
A. FIRE DEPARTMENT:  Chief Chris Colucy
  1. Year-to-date calls = 222.  The calls have slowed down.
  2. The Chief would like to appoint Hallie Swonger as a probationary firefighter pending a background check, drug test, and physical.  She is currently on Wilmot’s Fire Department but recently moved to Brewster.  Chief Colucy would like to get her approved tonight.
  3. The Firemen’s Festival has been cancelled for the safety of the public.  The department may do something in the fall, but nothing is set in stone.  Shearers’ also cancelled their 5K race.  They may reschedule.
  4. During a storm a few weeks ago, there was an issue with the sirens.  The chief had to hold the button down on the south side siren and the north side siren didn’t go off either.  About 2/3’s of Stark county had the same problem.  RED Center is looking into why the system didn’t set the sirens off.
  5. The Chief stated that even though the plans are to discontinue the sirens for fire calls, the sirens need to be maintained for weather alerts.  It appears that the north side siren is going to need to be replaced.
  6. The Fire Building Expansion Project is moving along.  The back wall is up, the draining issue is being resolved, colors have been picked out, and the plumbers going to be in Thursday or Friday or the beginning of next week.
  7. At a recent meeting, Ohio Billing brought up using the Attorney General’s office for delinquent bill collection.  They also discussed credit card payments.  The Chief wants to know whether he and the Village Clerk should pursue this.  They need Council’s permission to authorize the use of the credit cards.
  1. Monthly Activity Report for March.  There were 807 calls.
  2. We have an account set up at Red Carpet Car Wash, Perry Township. The facility disinfects the entire inside, along with cleaning the inside and exterior. Cost is $5.75 per cruiser. This is done once a week minimum.
  3. Have been working with JAM Industrial Supply in obtaining N95 masks, Protective Suites, Protective Eye Wear, Surgical Masks and Disinfectant Wipes and Sprays for both me PD and FD. The products are slow incoming but have built a small stockpile. We are looking to implement a BIO Staging area in the PD to collect used masks, properly package them and transport them to OSP Post. They will disinfect them at no cost, turnaround time is approxin1ately a week. This can be done up to 10 times per mask.
  4. We havelimitedpublic access to the PD, keeping the public in the main lobby area, not opening the slide window. We disinfect the Pd each shift with spray and wipes. Dispatch screens call for service, our response to scene is limited to type of service needed. We handle calls via public service when applicable. We only make traffic stops when the violations constitute a stop and talk, placing the OLN in a plastic bag along withotherinformation if needed, keeping the direct contact to a minimal. Masks and nitrile gloves to be worn by our Officers.
  5. I have attached in an email to Council, the Brewster Police COVID 19 Exposure Plan, VA sent over the document, we implemented it. Thank you, VA Miller.
  6. We will continue to adapt, implementing new protocols when needed, working together. We are very proud of community members, and businesses. We are in tough times, they continue to support each other, adapting to the stay at home order, leaving us to handle zero incidents to date with the order.
Solicitor Anthony was hoping to discuss some issues this evening but was unable to get confirmation on the information and will bring it to Council in a future meeting.
Solicitor Anthony discussed the 69kV line sale.  There were a few clarifications that needed to be taken care before moving forward. He reviewed the contract and it is sound.  He is expecting to be able to move forward in May.
  1. Ohio Flags of Honor Memorial: July 31st though August 2 at Barley’s Event Center in Louisville.
  2. From Council Member Hilliard:  The Fairless Food Cupboard is looking for donations.  They are running low on food.  Council Member Hess stated they needed macaroni and cheese, tomato soup, and canned fruit.  They will be distributing this Thursday from 10:00-12:00.
Mayor Hawk stated that VA Miller had emailed Council the Administrator’s Report for this meeting.  He would like to entertain a motion to accept the Administrator’s report into the minutes before we move on to questions for the Village Administrator.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to accept the VA Report and enter it into the minutes.  The vote: All yes.
Administrator’s report for period 4/7/2020 thru 4/20/2020:
  • COVID 19 – Village Hall and Utility Offices. Per the Governor’s and Ohio Department of Health guidelines, both Village Hall and Utility Offices continue to be closed to the general public. At least one (1) person is present at Village Hall at all times, and a wireless doorbell was installed so that the door can be answered for deliveries and for the drop-off of bids.
  • ODOT – Route 93 Paving and Underpass Drainage Issue. ODOT has done extensive cleaning and videoing of the drainage issue at the underpass. They continue moving forward to diagnose the problem(s).
  • Water Line Loop/Extension. A couple of future events have provided an opportunity to finally loop (extend) our water line on 7th Street, that currently ends in front of 857 7th Street (just to the west of the catch basin on the north side) on the south side of 7th Street. Last year, prior to 7th street Paving and Rehabilitation Project, our employees replaced a portion of the water line that runs south from in front of 857 7th Street to our South Water Tower.
We have discovered during discussions with Fairless Schools that a portion of this water line will have to be relocated to accommodate the new High School, as it will be under it.
As we looked at options, one of the options was to loop (extend) our water line on 7th Street to Route 62, then south on Route 62 to the hydrant in front of the Fairless Bus Garage. It would not only loop the line but provide an alternative route to the South Water Tower. It also would put the Village in the position in the future to extend water (or have our water extended) into Justus. We installed a “Tee” on the south side of 7th Street (or Mount Eaton) so that we could run our line to the east. The terminus in front of the bus garage would be south side of 11790 Angleway St SW just south of the driveway for the Fairless bus garage.
As Council is aware, we entered into an agreement with the Stark Metropolitan Sewer District to extend sanitary sewer service east along 7th Street to Justus. There plans are to “terminate” their main line initially at/near Angleway and Route 62. They have completed negotiations for an easement with Fairless Schools to allow for the extension.
In my discussions with the Stark Metropolitan Sewer District, the subject of water line extension was previously brought up. Our recent discussions again visited the subject of water line extension concurrent with the sanitary sewer extension. The advantage to the Village is that the cost would be lower because the contractor would already be mobilized. Another advantage is that because sanitary sewer lines and water lines are to have 10 feet separation, if construction on both occurred the proposed Safe Routes to Schools Shared Use Path could be completed between them, providing better maintenance access to both.
It would make a LOT of sense to complete our water line loop with the Stark Metropolitan Sewer District sanitary sewer extension. We would have to have it engineered, which the Stark Metropolitan Sewer District is willing to do. We would also have to get an EPA PTI. Then, we would have to pay for the water line portion of the construction, as well as the Safe Routes to Schools Shared Use Path cost, which would be lower because it would be a slight change in the restoration after construction. We would want to construct the extension/loop with six (6) inch plastic pipe (with an alternate for six (6) inch ductile pipe).
I feel this is a great opportunity for the Village and recommend that Council authorize proceeding.
  • Safe Routes to Schools – Park Drive Application. The Village made a presentation to ODOT’s Safe Routes to Schools Committee on Monday April 13, 2020. The application is for the most difficult portion, which includes both the levee and the creek/flood plain. It would be, if everything goes as planned, this would be the final section of the Safe Routes to Schools Shared Use Path. The application was for 100% of the construction estimate and 100% of the engineering. I will keep Council informed.
  • AMP – 1MW Power Block Purchase for 2028-2030. The ordinance and schedule for theforwarded passed at April 6th Council Meeting to have AMP obtain prices for a 1MW Block Power Purchase for 2028-2030 has been forwarded to AMP, and they are in the process of obtaining prices for us to review. This purchase will keep Brewster 75% hedged in future years.
  • AMI (Advanced Metering Infrastructure). Advanced Meter Infrastructure (AMI) bids were opened yesterday. We received bids from Core & Main and AMP. The low base bid was $491,257.59 from Core & Main. The engineer’s estimate was $560,000, so we were below the engineer’s estimate. Our engineer, CT Consultants, is reviewing the bids and will make a recommendation to Council.
I am also soliciting a price from Courtney and Associates, who did our most recent rate studies, to make sure the projected costs fit into the current and future established utility rates.
  • 2020 Paving Project. The bid opening for the 2020 Paving Project was April 1st, 2020 at 1:00 pm.  The Engineer’s Official Estimate of Probable Cost for this Project (Base Bid) is $180,736.12.
The low bidder was Superior Paving, who came in at $138,882.20 - $41,853.92 below the Engineer’s Estimate. There was only $325.80 between Superior and the next lowest bidder, Northstar.
The initial budget for the 2020 Paving Program was/is $150,000. We were being conservative at the time when that number was set.
There were three (3) “bubble” streets:

PCR Rating




Estimated Cost Based on

Bid Prices




Pavement change



We have a 2020 MRF Request for $18,000

Not Rated

Chessie Place

(the alley behind the post Office)






6th SE





While Chestnut is bad, and initially my recommendation was to include it, at this time without MRF Funds I feel we should address streets that have residents, at least this year. Chessie is an alley and can wait a year.
My recommendation is to add only 6th Street SE between Wabash and Cleveland at this time. It has drainage issues from adding asphalt without first grinding over the years.
The estimated cost of the base bid and adding 6th Street SE comes to $157,726.00.
I would request that Council make the award on an emergency basis so that the Paving Project can get started as soon as weather allows, which will provide more time for the asphalt to cure over the rest of the summer.
  • Water Department – Well Cleaning. The informal “bids” for the well cleaning were opened at 1:00 P.M. EST on Tuesday March 31st, 2020. But, based on an objection raised by a bidder and with input from the Solicitor, the bids were rejected, and the project rebid. The second set of bids was opened Friday April 17th at 1:00 pm. I am tabulating the new bid prices, as well as tabulating the projected cost based on the work, we had done last year, as we try to anticipate the “extras” this time.
The specifications I prepared required prices from bidders up front for specific repairs and/or services that we might encounter based on the servicing that was completed in 2019. So, IF during the inspection this year anything is identified as needing repair or replacement, there would still be additional costs, but at a specified cost up front.
I will inform Council of the results Monday, as well as how I intend to proceed unless there is an objection from Council.
  • Fire Station Addition - Construction. Construction is underway for the Fire Station addition. Excavation has been done. Footers have been poured. Block is being laid. I will continue to keep Council informed.
  • Spring Clean-Up. Due to personnel shortages, partially attributable to the COVID 19 pandemic, Miller’s is unable to give Brewster a price for an annual Spring clean-up. It was left that we could revisit doing a Village wide clean-up at a later date, depending on how the COVID 19 pandemic plays out.
  • 2020 Potential OPWC Project – East Main Street Paving. As I have previously informed Council, originally, my thoughts were to have East Main between Wabash & Cleveland be an OPWC Application, which would pay approximately 49% of the costs. In addition, I expected the Pavement Condition Rating for East Main between Wabash & Cleveland to be low. It is in the 8th lowest rated Brewster Street in our most recent PCR. East Main between Wabash & Cleveland is also segment of Council’s approved Safe Routes to Schools Shared Use Path. An ordinance is pending to approve submission of the East Main Street Paving as an OPWC project in 2020.
I have a price from Thrasher to prepare the specifications and provide the Engineer’s estimate in the amount of $4,000.
  • 2020 Potential OPWC Project – Park Drive Rehabilitation & Paving Phase 1. To refresh, Park Drive Rehabilitation & Paving Phase 1 would be Park from Main Street to the south side of parcel 7001911 (just north of the levee). It runs approximately 510 feet, would realign slightly at the north end and widen from 20 feet wide to 22 feet wide, plus install curb and gutter. It would also if eligible for OPWC Funding include the Safe Routes to Schools (SFTS) Shared Use Path (SUP) on the east side. If the SFTS SUP is not eligible for OPWC Funding, it would still be included in the plan and bid out at the time of the project as an alternate. An ordinance is pending to approve submission of the Park Drive Rehabilitation & Paving Phase 1 as an OPWC project in 2020.
I have a price from Thrasher to prepare the specifications and provide the Engineer’s estimate in the amount of $13,760, plus an additional $3,000 for bidding services. Because of the time it will take to get the specifications and engineer’s estimate prepared due to some complexity in the project, I have authorized Thrasher to move forward on preparing the specifications, otherwise we might miss the September deadline.
  • 2020 Potential OPWC Project – Water Filter Media Replacement. We have discussed Filter Media Replacement at the Water Treatment Facility a number of times over the past few years.  We have been monitoring their performance and found that they are performing well. One of the topics of discussion has been they are “due” for filter media replacement because of the passage of time/years. That is certainly one of the ways to make the determination of when, but another more telling factor is how much water has been filtered. Since Shearer’s reduced water consumption, the number of gallons filtered has dropped drastically, meaning that there is less “load” on the filters than in the past.
(Think of the parallel with an oil change on a car – normally there is a sticker with a date and mileage for the next oil change. But, if you get to the date, and you are well under the mileage, then you can safely extend the time. In the case of the filter media, we are looking at the same principle, except the water is constantly changing (unlike the oil) and the filter media (charcoal and sand) doesn’t break down like an oil filter.)
An ordinance is pending to approve submission of the East Main Street Paving as an OPWC project in 2020. I am reviewing engineering firms to determine the top three (3) so we can move forward with establishing a scope and negotiating a price with the top ranked firm.
  • Potential Transmission Project – Sale of 69kV Assets. Work continues on negotiating an agreement(s) for the proposed purchase of Village 69kV assets by AMP Transmission. We continue to work on the details regarding verification of both ownership and the transfer of easements (in the proper order). Once those are finalized, and the documents are completed, Council can then authorize their execution on behalf of the Village.
  • Electric – Substation Upgrade/Expansion. Construction work continues on the Substation Upgrade and Expansion Project. We expect construction to be complete in May. A small change order to add $8,620 to the existing Brewster-Thompson contract and a change order to deduct $9,620 (Thompson CO#4 cost plus $1,000 painting credit) from the VFP-Brewster contract.
  • Stark County Schools' Council of Governments – Health Insurance. It will be recommended to the COG Board of Directors and COG Council, at the June 18, 2020 meeting a premium increase of 3.85% for medical coverage.  Dental and vision rates will each have 0% increase.  It will also be recommended two (2) premium holidays to be taken in FY21. Brewster is eligible for the premium holidays.
The actual rates will be calculated at a later date and sent to us.  This is just a recommendation of what the increase/premium holidays will be, so they COULD be changed by theCOG Board of Directors and/or the COG Council.
  • Jefferson Ave Sanitary Sewer Replacement Project – Local Share. Now that we have figures (although yet to be finalized, pretty firm) of how much we have available for the Jefferson Ave Sanitary Sewer Rehabilitation Project, I would suggest that we schedule a joint Committee Meeting of the Finance, Purchasing, and Appropriations and the Public Utilities Committee to discuss how Council plans to apply the grants and loan towards the various funds responsibilities.
For application purposes, I had been applying any grant funding towards Wastewater first, as that fund is the least able to incur the costs without an effect on rates (we just raised rates 20%). However, OPWC funds can be applied to any of the four cost areas: Wastewater, Water, Paving, and Storm Water. At this time, I do not know what restrictions there will be for CDBG Funds but assume they will be applied to Wastewater first. I have reconsidered the distribution of grant/loan funding, keeping in mind that there are sources available for low interest loans for Wastewater and Water, but not for storm water and paving.
So, my current recommendation is:
  • apply the CDBG Funds to Wastewater first ($121,415)
  • then apply the OPWC Loan at 0% to Wastewater next ($209,907)
  • Then apply a portion of the OPWC Grant funds ($200,074) to reduce Wastewaters requirement for a “match” to zero
  • Apply the remainder of the OPWC Grant Funds ($111,904) to Storm Sewer costs, resulting in a $43,750 Village match for storm water costs
  • Use Paving Funds ($66,887) to address the paving costs
  • Apply for an OWDA Loan for $209,907 for the Water Department costs
We need to keep in mind that only Wastewater and Water have a rate schedule established that could repay a loan, but that the Water Department is in a better position to absorb an OWDA loan within its current projected rates.
I reached out to Courtney and Associates to get their feedback as to whether the foregoing “plan” fits within their/our projected rates. They have spoken with me and indicated that the proposal should have no effect on our rates (built into Wastewater rate and fits within budget for annual capital in Water).
As a note, because the OPWC Funds are part of the next State Biennium Budget, and it has not yet been passed (held up with the COVID 19 Pandemic), those funds may be delayed.
We should schedule a Committee Meeting to go over this and allow Council to ask any questions you might have.
Council Member Hilliard asked the VA to thank Supt. Patterson for spreading the dirt on Field #3.  He appreciates the extra work on the ballfield.
Council Member Hilliard would like to be kept up with the new school.  He would like Council to be involved in the meetings with the school.  VA Miller stated the school is keeping their information close to them.  They have shared a line drawing and have discussed the utilities.  Trees were talked about being used as a buffer, but the power lines would be directly above them.  VA Miller also reminded him that if too many Council Members are present or on a call, it would fall under the Sunshine Law.
1.    May has been proclaimed Motorcycle Awareness Month in the Village of Brewster.
  1. The Mayor received a Thank You card and note from Mark and Carol Akers.
Fire pay = $2,806.62.
I am still working on the audit, because of COVID-19, the 2018-2019 audit is continuing with all required information being scanned and emailed to the Auditors.  This is making the audit take longer than normal. 
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
May 4th – Next Council Meeting – May be a conference call again.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to create legislation approving CT Engineering’s recommendation for AMI Project.  Council Member Hilliard asked about the funding of the project.  VA Miller stated that by the third reading we would have Courtney and Associates’ recommendations on whether we can afford moving forward within our current rate structure.  The vote: All yes.
COUNCIL MEMBER SCHWAB MOVED, SECONDE BY COUNCIL MEMBER RADICH and motion carried to schedule a Council of the Whole meeting on June 1st at 6:30pm to discuss the specifics of the AMI Project.  The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to appoint Hallie Swonger as a probationary firefighter pending a background check, physical, and drug screen.  The vote: all yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to approve the fire pay of $2,806.62.  The vote: All yes.
VILLAGE SPEAKS: Communications Received by Council members from Village residents
Mayor Hawk thanked everyone for their participation in this conference call. 
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to adjourn the meeting at 7:49 PM. The vote: All yes.
Respectfully submitted,
Kris King, Clerk-Treasurer
Charles Hawk, Mayor