March 21, 2022 Meeting Minutes

 

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.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to excuse Council Member Godwin from this evening’s meeting.  The vote: All yes.

 

Charles Hawk, Mayor

Dale Fox, Council Member                           Thomas Hilliard, Council Member            

Brett Long, Council Member                         Sydney Radich, Council Member                              

Mike Schwab, Council Member

 

John Anthony, Solicitor                                  Michael L Miller, Village Administrator

Kris King, Clerk-Treasurer

 

Mayor Chuck Hawk asked if there were any additions or deletions to the March 7, 2022 Council meeting minutes.

 

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

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER SCHWAB and motion carried to accept the bills in the amount of $352,927.48.  The vote: All yes.

 

Ray Heitger, Fire Chief Chris Colucy, and Police Chief Nathan Taylor was in attendance.

 

There were no guests.

 

RESOLUTION 21-2022:A Resolution Amending Resolution 20-2020 Suspending the monthly deposit to the Electric Debt Fund was given third reading.  Council Member Schwab asked how we could move this money back into the Electric Fund.  Clerk King stated the only way to move the money is to close the fund.  VA Miller stated this is a fund that may be able to be utilized in the case of an emergency.

 

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

RESOLUTION 22-2022: A Resolution of Final Consent for the Village Administrator to Execute Consent Legislation for Safe Routes to School was given third reading.  VA Miller stated that the Fairless Board of Education approved a resolution to reimburse the Village of Brewster $35,000 that will be paid to the state to keep the project moving once the project construction is completed.

 

COUNCIL MEMBER HILLIARD 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 RADICH and motion carried to approve the legislation as presented.  The vote: All yes.

 

RESOLUTION 23-2022:A Resolution Acting on the Recommendation by the Stark County Tax Incentive Review Council (TIRC) Regarding the CRA (agreement) with Brewster Cheese was given second reading.  Solicitor Anthony stated the emergency clause stated that this resolution needs to be passed under emergency in order to meet the deadline at the county.

 

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

 

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

 

MUNICIPAL DEPARTMENT REPORTS:  

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to have the Chief’s report entered into the minutes.  The vote: All yes.

 

 

COMMUNICATIONS: 

 

VILLAGE ADMINISTRATOR: Mike Miller

Council received the Village Administrator’s report last week to review.  Administrator’s report for period 03/08/2022 through 3/21/2022:

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to accept the VA’s report as written and emailed to Council and to enter it into the record of tonight’s Council meeting.  The vote: All yes.

 

VA Miller addressed the following items that have occurred since the email went out

 

 

Administrator’s report for period 3/8/2021 thru 3/21/2022:

 

Safe Routes to Schools Project – Consent Legislation to Bid and Additional Funding I have informed Council that the estimate, and consequently the amount of additional funding that ODOT needs from the Village to bid out the SRTS Project was $85,000.However, subsequentlyODOT has committed to providing an additional $50,000 in SRTS grant funds, bringing the total grant funds to $306,000.

 

Still, we are $35,000 short – approximately 10% ODOT bidding and “oversight”.

• Total Project Cost             $417,243
• Village spent to date     $76,243
• Grant Funds                 $306,000
• Shortfall                         $35,000 (ODOT bidding and “engineering”)

 

The construction costs also took on a life of their own:

• Estimate 1             $112,694.94
• Estimate “2”    +/- $200,000
• Estimate “3”    +/-$300,000 (revised down)
• Estimate “4”    +/- $250,000
• “Current” Thrasher estimate $258,991.
• ODOT  “black box” estimate $306,000

 

I also reached out for clarification on possible overages (or underage) based on the estimate. My questions and ODOT’s answers (in red) are as follows:

 

So that I can provide full disclosure to Council about the Village’s potential future exposure as to costs, now that there is $306,000 in SRTS grant funds for the project, what happens:

 

• IF the bids were to come in at or below $265,000($341,000) - would the Village refunded the full $35,000 it puts up before bidding?No, the funds stay with the project and will be utilized if any change orders are needed in construction and then at project closeout (typically 3-6 months after construction is completed) any refunds will be dispersed to the Village.

 

• On the other side, it is my understanding that IF the bids were to come in higher than $306,000($341,000), the Village would have to come up with the addition construction costs. True?Yes, the Village would need to accept the low bid amount if over 7% in order to award the job and then will be invoiced for the additional. Invoice will be sent out within a week and due in 30 days.

 

• Would additional construction cost exposure for the Village be at $31,000? I believe that ODOT like the Village cannot award a contract if the bid is over 10% of the estimate going in. ODOT automatically awards if low bidder is +/- 7% of the estimate. The above response is the process if over 7% and approval by the funding manager that additional funds are available. Keep in mind, in the event of a higher bid we can also request an increase from SRTS for the additional. (emphasis added)

 

The Mayor and I appeared before the Fairless School Board Meeting on March 15^th, 2022 to discuss the Safe Routes to Schools Project – the Shared Use Path that runs from the Route 62 crosswalk to the Middle School and from the Middle School to the Elementary School. I have been informed that the Fairless School Board voted to reimburse the Village the required $35,000 payment to ODOT upon successful completion of the Safe Routes to Schools Project. Council gave first reading to legislation from ODOT at its Tuesday February 22nd, 2022 Meeting, which authorizes proceeding with bidding the project. It also requires that the Village cut a $35,000 check to ODOT to do so.

 

 

CRA – Brewster Cheese CRA (Commercial). I attended the Stark County Tax Incentive Review Committee (TIRC) regarding the Brewster Cheese CRA Tax Abatement Monday March 14^th . The recommendation of the Stark County TIRC was to continue the tax abatement for Brewster Cheese. At the last Council Meeting on March 7th a resolution was given a first reading to act on the recommendation by Stark County Tax Incentive Review Council (TIRC) regarding the CRA agreement/abatement with Brewster Cheese.

 

Now that we have a recommendation, Council needs to pass the resolution on March 21^st so that it can be timely reported (March 31st deadline) to the State of Ohio. I have updated the portion of the resolution regarding the TIRC recommendation – Council will need to choose whether it agrees or disagrees with the recommendation of the Stark County TIRC was to continue the tax abatement for Brewster Cheese.

Sturm Lot Split and Parking Lot. We are moving forward from the initial layout for the parking lot and lot split (replat) for the Sturm lots. We have a plan/sketch of a proposed parking lot that would serve Village Hall, the Fire Department, and the Legion as well as the general public next to the widened alley for the Fire Department. That was needed to serve as a base point to survey and split the proposed parcel that Council is deliberating on selling and/or leasing.

 

The surveying of the property has begun so that the property can be replated, which will allow a specification to be done to for the parking area retained by the Village. We are also assembling criteria to use in a bid process for a lease, a lease with option to purchase, or a sale via a bid process the new parcel. That parcel will be 80 feet wide (at Wabash) by 140 feet deep.

 

Filter Media Replacement Project. Work continues with the Filter Media Replacement Project. We are moving forward with replacing all the internals on Filters #1 - #3 based on the inspection on Filter #1. Colors have been chosen for the internal and external of the tanks. The Filter Media and Internal drawings have been submitted to and approved by CT Consultants.

 

Water – Water Transmission Replacement & Improvement Project. The Mayor, Water Superintendent Mike Maybaugh, and I met with CT Consultants Thursday March 10^th to establish a scope of services for what we are calling the Brewster Water Transmission Upgrade Project. We discussed this project at the Public Utilities Committee Meeting March 7^th.

 

The project deals with recommendation 1A and 1B in the Water Modeling Report completed by CT Consultants.

 

Proposed Project 1A deals with:

• replacing the “transmission line” coming from the plant down 4^th Street to Wabash (1940s +/-) with a 10-inch line. The current line is 10-inch from Lincoln to Washington and 4-inch from Washington to Wabash (1690 feet)
• Replacing the transmission line on Wabash from 4^th to 2^nd Street (1960s +/-) (1,150 feet)
• 2840 total feet replaced

 

Proposed Project 1B deals with:

• replacing the 6-inch water line on Lincoln from 4^th Street to 2^nd Street (1960s +/-) with an 8-inch line (775 feet)
• replacing the 6-inch line on 2^nd Street from Lincoln to Wabash (1940s +/-) with an 8-inch line (1,700 feet)
• replace the water line on Wabash from 2^nd to 1^st (1960s +/-) with an 8-inch line (360 feet)
• replacing a portion of water line that used to run to the old water tower from 4th Street to 5th Street on Washington (age unknown, but the North Water Tower was built in 1949) (375 feet)
• 3210 total feet replaced

 

The scope arrived at this morning is a hybrid of 1A and 1B, improving the transmission grid, providing mire redundancy, and reducing the maximum size from 10-inch to 8-inch (NOTE: 10-inch is more expensive due to it being a special size). The proposed scope now:

 

• replacing the “transmission line” coming from the plant down 4th Street to Wabash (1940s +/-) with a 10-inch line. The current line is 10-inch from Lincoln to Washington and 4-inch from Washington to Wabash (1690 feet)
• replacing the 6-inch water line on Lincoln from 4th Street to 2nd Street (1960s +/-) with an 8-inch line (775 feet)
• replacing the 6-inch line on 2nd Street from Lincoln to Wabash (1940s +/-) with an 8-inch line (1,700 feet)
• replacing a portion of water line that used to run to the old water tower from 4th Street to 5th Street on Washington (age unknown, but the North Water Tower was built in 1949) (375 feet)
• 4540 total feet

 

 

By creating the hybrid, we eliminate the need to replacing the transmission line on Wabash from 4th to 2nd Street (1,150 feet) and replace the line on 2^nd Street (which even if we choose the original Plan 1A would need to be replaced as well). The goal is to have plans complete prior to the OPWC deadline for 2022 applications to get the 10 points, and to if successful fund the Village’s portion from an OWDA Loan.

 

CT Consultants will now calculate a proposed price, which if acceptable, will have to be approved by Council.

 

Street Sweeping: The Village received a quotation for annual sweeping from Reilly Sweeping, who has been sweeping Village streets.

 

It is a 5% increase. Last year we did four (4) sweepings. We used to do a sweeping before Thanksgiving as well, but inevitably that sweeping fell during leaf pick-up and did not make sense to have done with leaves still falling. My intention is to award the street sweeping contact to Reilly Sweeping again this year for four (4) sweepings at a cost of $9,698, unless Council has an objection, so that we can get on the schedule for 2022.

AMP Fremont Energy Center (AFEC) – Natural Gas Prepayment. On Monday February 28^thI participated in a virtual Meeting on behalf of Brewster regarding the AMP Fremont Energy Center (AFEC). AFEC is a nominal 700-MW natural gas combined cycle (NGCC) facility in Fremont, Ohio. AFEC has a capacity of 512 MW (unfired) and includes duct-firing that allows an additional 163 MW of generation during peak demand periods.

 

The main subject of the meeting was pre-payment of a portion of its natural gas requirements to hedge AMP’s (our) position, protecting it to a degree from upward fluctuations in natural gas prices. If it sounds familiar, it is because we previously were presented with a similar request regarding prepayment (and did so) in February of 2021.

 

The current natural gas prepayment transaction(s) would be:

• for 12,000 MMBtu/day
• through one or more transaction(s)
• with either a term no greater than 15 years or appropriate “opt-out’ language (proposed Morgan Stanley deal language)
• to be closed by December 31, 2022
• with a minimum $0.30/MMBtu initial discount target.

 

Under the prepayment arrangement, AMP gets a discount from the seller based on the seller’s cost of money, which is typically higher than AMP’s cost of money. The result is that AMP pays less for the gas (debt service payments) than they would have paid under a typical pay as you go contract.

 

Brewster has been provided with an option to opt-out of the prepayment arrangement. It is my understanding that if we opt-out, AMP will just purchase what would have been our portion of the prepayment arrangement from the short-term market and those costs will be passed on directly to the Village, unless we instruct AMP otherwise.

 

I have again discussed the proposal with Courtney & Associates. They recommend participating. If Brewster wants to participate Council needs to do nothing. If Brewster wants to opt-out, we must respond no later than March 22, 2022 at 5:00pm.

 

Electric Substation – SCADA (Supervisory Control and Data Acquisition System). We continue to make progress and work continues by GPD and the Electric Department on the SCADA system at our substation. It is nearly complete. I will keep Council informed as to the progress on the project.

 

Electric Department – Second Transmission Feed. Progress continues with AMPT’s provision of a second transmission feed from the south.I participated in an AMPT Zoom Meeting on March 10^th where a couple of items of note that relate to our redundant feed project were addressed:

 

• The Facility Rating (FAC-008) has been completed for Brewster.
• The Brewster “solution” is scheduled to be submitted to PJM in June of 2022. Essentially, there will be 30% design completed at that point for a more accurate estimate for the project.

 

Another item of note is that we have been contacted by AMPT regarding what easements/rights-of-way we have in relation to the proposed route. I will keep Council informed.

 

Electric Department – Transfer Bus. The Electric Department has completed work on the transfer bus at the Substation. The transfer bus is used to divert power from a feeder line that has a breaker issue. If a breaker has an issue, power can be put on the transfer bus and restored (fed) to the distribution feeder that has the breaker issue.

Electric Power Purchase - 1 or 2 MW Off-peak Block of Power for 2025-2028. On August 16^th Council passed an ordinance to buy a 1 or 2 MW off-peak block of power for 2025-2028 to hedge our bets, IF NEEDED in the future, due to market changes. We are still attempting to move forward as the cost of a 1 MW block or a 2 MW off-peak block for 2025-2028 continues to rise. I will keep Council Informed.

 

AMI Project – Wrap Up and Close Out. The Village isstill waiting for delivery of some meters. And we are still assuring that we have accurate numbers per the bid. We had a lengthy meeting Tuesday February 22nd to sort things out. We covered the current quantities complete and what will be the final quantities at completion. To date, the Village has received $367,985.50 in goods and services, and paid out $367,985.50. To assure that we have time to get the remaining meters and other bid items in place, it was agreed that we would extend the completion dates so that:

• All Training and Operating & Maintenance Manuals have been turned over to the Village by March 31, 2022.
• All other work set forth in the contract will be complete by May 31, 2022.

Electric Department Garage. Work continues on the plans for the proposed new Electric Garage. We are still moving forward on a new 7 bay Electric Garage and office. Progress includes:

• The latest revision of the AMPT ring bus for the second feed has resolved potential conflict/access issues for the Electric Building and Substation.

 

• Engineering Associates is still working on the plans. They are currently revising the HVAC.

 

• The proposed building is 59.5 feet by 130 feet. The drawing is 80 feet by 200 feet. This allows buffering on the back and sides from the trees - roughly a third of an acre.

 

• I have reached back out to Brewster Cheese to go over the drawing/description. They have been provided a copy of the survey and description of the area to be leased for the new electric building and have verbally agreed. A lease for a period of 50 years at $1 is being prepared.
  
• I have determined that the zoning, based on what I found and discussions with Brewster Cheese (owners), is that the area where the new Electric Building is to be built is zoned I-1.

 

Electric Department – New 7^th Street Line. Now that thetransfer bus has been completed, we will soon start on the new 7^th Street Line.

 

Seasonal Employee(s) for Grass Cutting & Property Maintenance. We hired a seasonal position(s) for grounds maintenance (weeding & Mowing grass) for 2022.

 

Zoning Map Amendment. I have previously informed Council about a request for a zone change from I-2 to A-1 for parcel 7001383. The request is due to an issue that arose when the owner reached out to discuss adding on to an existing garage. There is an existing residence and a garage on the property.

The problems discussed with the current I-2 zoning in place:

•   Residences are not permitted in I-2
• The “grandfathered” house was “removed” between 2011 and 2015 based on aerial photos
• The NEW residence was built between 2011 and 2015 based on aerial photos and Auditor’s records (show built 2014)
• I cannot find it, but the Village must have issued zoning certificate for the Building Department to issue a building permit (I am assuming that a building permit was issued – have not confirmed)
• The garage that they want to add on to does not meet any of the permitted uses in an I-2 – it is an accessory building to the residence
• In looking at the Zoning map, my assumption (there I go again) is that it was/is zoned I-2 so that there is not a conflict set up between this property and Wheeling and Lake Erie. If it were a “residential” zone, the rail yard would be in conflict or a non-conforming use.
• Concern for creating issues for Wheeling and Lake Erie would preclude “fixing” this by rezoning residential so they can add onto their garage.
• Bottom line – as it stands, I do not see how I can issue a zoning certificate to expand their garage nor the Planning Commission issue a conditional use, nor the Zoning Board of Appeals grant a variance.

 

So, the solution that was discussed was rezoning their property and additional property (Wilderness Center) to the south in the Village to A-1, because:

• A single-family residence is permitted in A-1
• The yard requirements that would conflict with a residential district in I-2 Codified Ordinance 153.198(D) would not apply, meaning I cannot see an issue with Wheeling and Lake Erie.
• Based on local folklore, the property has been used for as grazing cattle in the not-too-distant past, as the PD had to capture escapees on occasion.
• The area in Sugar Creek Township to the east and south is used as agriculture.
• The contiguous owner in the Village is the Wilderness Center, who I contacted to see if they would have an objection to having their land included in a rezoning to avoid a spot zoning issue. They do not.

So, in getting into the details of a Zoning Map Amendment, one can be initiated by:

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

2.       Catch basin on Tuscarawas (sump pump). COMPLETED except for asphalt patching.

These are not necessarily on a first come/first serve basis but based on their criticality and/or ability to fit into the schedule. We are also looking to repair deteriorated catch basins, so if any Council person is aware of any, please let me know. Also, if there are any storm drainage projects/issues not on this list please let me know.

 

 

 

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.

 

 

OLD or NEW BUSINESS:Council Rules require a two-week waiting period before any expenditure of funds unless determined an emergency.

COUNCIL MEMBER HLLIARD MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to approve the record redaction software from the Police Income Tax Fund.  The vote: All yes.

 

COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to ask the Fire Chief to advise the Bolivar Fire Department that the Village of Brewster is interested in purchasing the ladder truck.  The vote: All yes.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to approve the COVID-19 Income Tax Refund Form.  Council Member Schwab asked if Tax Administrator Steve Hartman had signed off on it and he had reviewed and approved it.  The vote: All yes.

 

COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to refer the possible rezoning of an I-2 to an A-1 to the Planning Commission and schedule a meeting for April 21^st and waive the requirement for an official map and use parcel numbers instead.  VA Miller stated this will allow the Meeks to build onto their house and provide a better description for the Wilderness Center.  It will also be good for the railroad.  The environmental conditions fit better than the current zoning classification.  The vote: All yes.

 

In reference to the sale of the Sturm’s lot: Solicitor Anthony stated that code in the ORC says it must be the highest bidder.  There are no exceptions on point.  The hospital exception allows hospital property to be given to the county.  Urban redevelopment/renewal may be possible.

 

 

 

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to adjourn the meeting at 8:04 pm. The vote: All yes.

 

 

Respectfully submitted,

 

Kris King, Clerk-Treasurer

 

Charles Hawk, Mayor