June 21, 2022 - Meeting Minutes

JUNE 21, 2022
7:00 P.M.


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 RADICH and motion carried to excuse Council Member Brett Long from this evening’s meeting.  The vote: All yes.


COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to excuse Council Member David Godwin for the portion of this evening’s meeting he is not able to attend virtually.  The vote: All yes.



Charles Hawk, Mayor

Dale Fox, Council Member                           Tom Hilliard, 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 June 6, 2022 Council meeting minutes.


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



COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to remove the minimum order surcharge payment from the bills.  The vote: All yes.


COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to accept the bills in the amount of $384,877.43 less the bill mentioned above.  The vote: All yes. 



Ray Heitger, Police Chief Taylor, and Fire Chief Colucy were also in attendance.



There were no guests.


COUNCIL MEMBER GODWIN joined the meeting virtually at 7:16 pm.


CONSIDERATION OF ORDINANCES:  Titles of each read by Solicitor John Anthony. 

RESOLUTION 35-2022: A Resolution Creating Rules and Regulations for the Village Community Room and Kitchen Annex was given third reading.  There were four items within the Rules and Regulations that needed addressed before passage.


COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to change the second Section 1A to Section 1B.  The vote: All yes.


COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to remove the strikethrough over the sentence concerning use and condition left for the refrigerator.  The vote: All yes.


COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to reduce the security deposit to $100 and if the rooms were cleaned satisfactorily, $75 would be returned.  The vote: All yes.


COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to change the language requiring security to be removed and new language prohibiting firearms and any other weapon from Village Hall, the Village Hall Annex, the Fire Building, and all adjacent grounds.  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.


ORDINANCE 36-2022: A Resolution Authorizing the Village Administrator to make preparation for and advertise for Bids for the Park Drive Phase I Project and declaring an emergency was given third reading.  Council Member Hilliard asked the VA to review the project again.  VA Miller stated this phase will run up Park Drive from the intersection at East Main to the last house on the east side.  It’s a 10-foot path on the east side with curb and gutter.  $140,000 in grants and the rest from paving money.


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


ORDINANCE 37-2022: An Ordinance Authorizing the Village Administrator to make preparation for and advertise for Bids for the Tuscarawas/Pinewood/Locustdale Water Line Replacement Project and declaring an emergency was given third reading.  Council Member Schwab asked if Tuscarawas was going to have to be repaved.  VA Miller stated that once the road is opened up for the waterline, we will be able to see if it will need to be repaired or replaced.  The cost was also reviewed.


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 read.  The vote: All yes.


THIRD READING: An Ordinance Amending the Zoning Map was given third reading.  VA Miller is requesting this legislation be tabled until the August 1st meeting after the bids are tabulated.


COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to table the legislation until August 1st.  The vote: All yes.


ORDINANCE 38-2022: An Ordinance to Approve the Form and Authorize the Execution of the 2022 Solar Energy Schedule with American Municipal Power inc. and taking of other actions in connection therewith regarding Solar Purchases and declaring an emergency was given first reading.  Council Member Hilliard asked if we were selling power.  VA Miller stated that this is to purchase up to 2MW


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


First Reading: An Ordinance approving a Memorandum of Understanding with Fairless Local School District for the Village Police Department for the 2022-2023 School Year.  Council Member Hilliard asked if the Village has been approached by the school for a third officer.  Mayor Hawk stated that nothing has been said at this point, but he met with the Governor and was told that that there would be money available through a grant for additional School Resource Officers.


Council Member Godwin left the meeting at 7:28 pm.


TABLED AT THIRD READING: An Ordinance Awarding a Contract for a Building to House its Digger/Derrick Truck and the rest/entirety of the Electric Department was given third reading.  VA Miller asked that this legislation be tabled until July 5th after the opening of the bids on June 28th.



A. POLICE DEPARTMENT: Chief Nathan Taylor

  1. Calls: June to date calls=342.
  2. Officers: One Officer out on injury.
  3. Department: Assisted Lawrence Township with CountryFest.  Had a person with disabilities go missing on 06/07/22.  Received the assistance of five Fire Departments, State Police, and many volunteers including a drone operator.  Dover Dive Team was  on alert to check the creek.  Luckily the person was found safe.  Chief Taylor thanked all those who came out to help.
  4. Vehicles: Car#1 had to have the battery replaced.
  5. Chief Taylor presented a potential part-time Officer, Hunter Derrick.  Mayor Hawk had    met with the candidate and is recommending him to Council’s approval.  Council Member Hilliard asked where he lived and if he was willing to drive here to work.  Mr. Derrick stated he has driven farther than Brewster for work.  Council Member Hilliard also asked what it cost to hire a part-time employee.


COUNCIL MEMBER RADICH MOVED. SECONDED BY COUNCIL MEMBER FOX and motion carried to accept the recommendation of the Mayor to hire Hunter Derrick as a probational part-time Officer pending drug screen, background check, and physical.  The vote: All yes.


B. FIRE DEPARTMENT:  Chief Chris Colucy

 1.    Calls: Year to date calls=410.

  1. Festival: There were no issues at the festival. 
  2. The ladder truck is in service and ordered more equipment for it.
  3. There have been some changes with the new ambulance.  We were unable to get the 2022 chassis and have to get a 2023.
  4. Chief alerted the Clerk that starting January 1st , the Village may have to start paying a monthly charge for every radio on the MARC’s System along with the Police Dept.’s radios.
  5. Hose testing is complete.  We will need to order more hose to replace the ones that failed.
  6. Council Member Hilliard asked the Chief what the festival costs.  Chief stated the insurance was $2,500, the tent rental doubled in price, $8,000 in fireworks.  He did not know the cost of the additional Police Officers.  The Chief stated that there is going to come a time when it will no longer be worth having it.  Council Member Hilliard stated that there are other fundraisers the department could do.  It was stated that it is hard to find people to volunteer their time.



  1. Recorded the Luckring easement with the Stark County Recorded on June 9, 2022.
  2. Solicitor Anthony had a conversation with Everstream’s Abigail Stein, who is the permit coordinator for Everstream, the fiber installer for fiber attachment on poles in the Village right of way.  He cannot find anything that requires that the company register or be permitted by PUCO.  The revised code as well as Village ordinance requires only that the Village is convinced that the installer is capable and experienced in this undertaking to preserve and protect the property of the Village and not endanger the health and safety of the residents.    The statute states that if it is denied, it shall be done so in writing.  A decision needs to be made in 60 days after completion of the application.  Revised Code 4939.03.



  1. Received a communication from Mrs. Murphy on Glick Street.  A contractor tore up her yard to put a gas line in for another home.  The Village is not responsible for fixing a resident’s yard that was damaged by a contractor.  It is a civil problem.
  2. Stark County Sewer District communicated that Justus and Harmon will be added to our wastewater system.
  3. Received a request for a “Special Needs” sign.  This is not recognized by the Highway Uniform Code.  The VA stated New York has it in their code.



Council received the Village Administrator’s report last week to review.  Administrator’s report for period: 06/06/2022 thru 06/21/2022


COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER RADICH 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:

  1. Brewster Parke waterline will be starting soon.  We were waiting on a hydrant.  We are going to use one out of our stock and replace it.
  2. The foundation of the old gazebo has been removed to 6” below the ground.  We received a quote for a pad with a sleeve.
  3. There is a permit for a 34 x 50 garage.  We may want to address how big of a structure can be built in a residential area.  Council Member Schwab asked if there was enough open space per the Zoning Regulations.  VA Miller stated we may want to tie the size of buildings built to the size of the primary residence.
  4. VA Miller discussed one public utility supplying free services to other public utilities within the same municipality.  As of right now, some of our buildings are paying for water, sewer, and electric while others are not.  This would help stabilize the Sewer Funds. 
  5. The topsoil piles at the south sub will be screened and used on 4th St, N. Wabash, and on Field #3.
  6. VA will be attending an OPWC meeting on June 27th.  There are new tie breaking rules.


Administrator’s report for period 6/7/2022 thru 6/21/2022:


Electric Building – Bidding.The plans that were submitted to Stark County Building Department have been approved, and we are now out to bid. The tentative re-revised revised schedule has been pushed back:


  • May 2, 2022 second reading of ordinance authorizing lease with Brewster Dairy
  • May 2, 2022 first reading ordinance awarding contract
  • May 16, 2022 third reading of ordinance authorizing lease with Brewster Dairy
  • May 16, 2022 second reading ordinance awarding contract
  • June 3, 2022 May 18, 2022 April 26, 2022 first advertisement
  • June 10, 2022 May 25, 2022 May 3, 2022 second advertisement
  • June 28, 2022June 8, 2022 May 17, 2022 open bids
  • July 1, 2022June 15, 2022 May 24, 2022 recommendation to Council
  • July 5, 2022June 6, 2022 third reading ordinance awarding contract
  • July 5, 2022June 20, 2022 June 6, 2022 award contract?


Decorative lights – East Main. The Electric Department has come up with a way the Village can eliminate the power poles and lines on East Main between Cleveland and Park Drive, and instead of overhead lights on poles install decorative lights in that portion (extend what we have on East Main between Wabash & Cleveland). That would certainly enhance the appearance of East Main between Cleveland and Park Drive and allow a wider choice of trees we can plant between the back of curb and the Safe Routes to Schools Path in that section. Cost is approximately the same as what we are doing on Wabash north of the underpass (inflation) – in the $30,000 plus range. My (non-voting) opinion is that it would be a great enhancement/improvement for the Village. Placing decorative streetlights on East Main is a recent development, not originally part of the “master” plan. However, the Village recently added decorative street lighting in the first block of East Main from Wabash to Cleveland to “balance” the decorative lighting on the opposite side of Wabash on the Boulevard. It has been suggested to extend decorative lighting down East Main to Park Drive from Cleveland, which I personally (in a non-voting way) did not support if we had poles already in place “competing” – in my opinion in that case it is better to use regular streetlights. But the Electric Department found a way to make it work after I was asked again could decorative lighting be extended down East Main. So, IF we are to extend decorative Lighting down East Main, NOW is our opportunity, because once/if we put poles back in it is hard to reverse course on that decision.


This would not take away from continuing decorative lighting north on Wabash. It is still in plans to move north past where we stopped this extension.


Requesting that Council provide direction as to which way they wish to proceed -decorative lights with no overhead lines on East Main between Cleveland and Park Drive OR relocate existing overhead lines and streets lights on East Main between Cleveland and Park Drive


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.


AMP – Solar Power Purchase Agreement (PPA). I have had an opportunity to consult with Courtney and Associates and based on the language in the ORDINANCE we are in agreement that Council can/should pass the ORDINANCE. The ORDINANCE provides Brewster with the ability to review the final terms and establish the final amount of MWs to purchase, so with passage of the attached ordinance Brewster can still reduce the amount we purchase OR withdraw entirely, and must approve terms, so it is a no-lose proposition in my opinion.


The ORDINANCE will need to be passed on an emergency basis due to AMP deadline off July 1st, 2022.


Again, as background I have been informing Council intermittently about a proposed power purchase agreement that AMP is pursuing. A PPA is a basically a contractual agreement between energy buyers (AMP Members who “enroll”) and a seller. AMP Members would agree to buy an amount of energy generated by a renewable asset (solar) at a fixed cost for a fixed time period. In 2021 I informed Council:


  • Electric – Solar Power Purchase Agreement (PPA). Earlier this year, AMP announced it was planning to issue a Solar RFP for Front-of-the-Meter Solar Power Purchase Agreements (PPA) associated with new, large solar projects, and had performed an analysis for each member resulting in a recommended level of participation in the Solar RFP process. AMP recommended at that time that Brewster did not need any additional solar energy, so the subject was set aside.


However, at that time I asked a number of questions, the most relevant question then and still being:

Where did AMP come up with the recommended cap of 10% for solar in everyone’s portfolio? Why is solar over 10% a bad thing?

AMP’s answer was that “… the basis for limiting the total solar in this analysis to 10% is based on our internal planning strategy to hedge a member's fuel concentration risk.  This is only a recommendation; the member has the ultimate decision on the make-up of their portfolio resources.”

 AMP followed that up indicating they had:

 … reviewed the meeting notes from the power supply update you had with Mike Migliore and Jay Myers in October 2020.  They indicated that contract options/pricing were explored at the end of 2019 for a new deal starting in 2025 and beyond, but the pricing was not favorable.  Brewster is about 70% hedged already for 2025-2030, so it was decided to continue to wait to fill the rest of the needs until closer to 2025.  Please let me know if this strategy Mike and Jay discussed has changed and we will explore the current market opportunities.


Brewster has since explored market opportunities, including a block purchase of off-peak power.


However, during a presentation about AMP member’s power sources and performance, the subject of the Solar PPA was addressed. The Solar PPA is currently projected at a net $22.64 per MWh, which is extremely attractive. In looking at our current portfolio though it would not fit – at least near term. BUT, looking to 2025, which is probably close to when this proposed project would come online, this could be a potential replacement for some of the Excelon 2022-2024 Requirements Contract we have in place. We had some discussion with AMP and our consultant, Courtney and Associates. Some of what that discussion yielded is that:


  • it is important not to commit too heavily to a single project (diversify)
  • it is not wise to commit too heavily to a single power source or “fuel concentration” (again, diversify)
  • that the 10% cap on solar, or any power source, is as AMP stated in January their internal planning strategy to hedge a member's “fuel concentration” risk
  • in 2021 Brewster has a number of “fuel concentrations” that exceed 10%, such as 27.2% in AFEC (natural gas) and 13.1% hydro (JV5, AMP Hydro, and NYPA)
  • that diversification of project sources may be more important than “fuel concentration”


So, we are now actively looking into the AMP Solar PPA option at this time. I will keep Council informed.


The proposed Solar PPA $45/MWh is not the NET price. Credits for both capacity ($5 +/-) and transmission ($10 +/-) would come off, giving a NET price per MWh in the $30 MWh range. That price is fantastic in today’s market, and projecting to 2025 and beyond.


With passage of the ORDINANCE Brewster can still reduce the amount of MWs we purchase OR withdraw entirely, so that is a no-lose proposition in my opinion. Since we are passing the ORDINANCE and not yet signing off on the contract, which is at odds with what the ORDINANCE, we are in the clear to take this first step.


Courtney and Associates has confirmed my beliefs that up to 2 MWs of solar coming online in 2025 could fill a peak time demand, especially in the event that Brewster Cheese is not able for any reason to bring their cogeneration project online. Even if Brewster Cheese does bring their co-generation online, it could still be of benefit to Brewster because it would address peak demand (shave) and even in the worst case, having to sell back to the market (current market for a MW is $79 +/-) would not hurt Brewster.



Electric Power Purchase - 1 or 2 MW Off-peak Block of Power for 2025-2028. On August 16th 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. This may also be affected by Brewster Cheese if they move forward with cogeneration. I will keep Council Informed.


AMPT – Brewster Second/Redundant Transmission to Substation. The status of the second transmission line to Brewster’s substation is:


  • Monthly meetings continue between AMPT and First Energy and AEP to coordinate the scope between the three (3)
  • AMPT is working with AEP to resolve any concerns about the Alpine Station (where the second feed to Brewster’s substation will originate)
  • Layout of the conceptual AMPT equipment and configurations continue
  • Coordination with Power Engineers (consultant or outside engineer) of pre-engineering development of 30% conceptual designs continues
  • 69kV line routing study and evaluation is underway
  • Brewster solution statement is due to be filled with PJM in July 2022


Electric Department – New 7th Street Line. Now that thetransfer bus has been completed, we plan to start on the new 7th Street Line after school is out.


Safe Routes to Schools Project – Middle & Elementary Schools. Construction start has been reset at July 5th, 2022.


As I indicated previously, while it would be nice to just step back and let ODOT manage the project, that is not the case. The Village is working with ODOT to clear any utility conflicts, which we have been using Thrasher to do.


Also, if there any questions about the plans during construction, Thrasher is on “standby” to answer those. A contract has been entered into with Thrasher to assist with utility clearance and answer questions during construction.


As a reminder, the construction has been completely funded with Safe Routes to Schools grants: It is “official.” The construction costs are to be paid from our Safe Routes to Schools Grants, which have been:

  • $150,000
  • $106,000 initial projected shortfall between original grant and estimated cost
  • $50,000 second projected shortfall between original grant and estimated cost
  • $20,000 to cover shortfall between grants and low bidder
  • $326,000 total.

The estimated construction start is July 5th, 2022. The estimated construction completion is August 31, 2022.


Safe Routes to Schools Path – 7th Street. It has been suggested more than once at Council Meetings that the Safe Routes to Schools Path on 7th Street from Park Drive to Amherst needs to be improved from limestone to a hard surface. While the Village will have to wait to improve the portion of the SRTS Path on 7th from Park Drive to Dartmouth until the poles can be moved, it occurred to me that there are no impediments to improving the SRTS Path from Dartmouth to Amherst. I therefore have solicited quotes to improve the SRTS Path on 7th from Dartmouth to Amherst. I have now received two (2) quotes.

I would recommend that Council authorize proceeding with the low quote of $11,983.00 from McBurney. Council will need to identify where Council is going to pay for the improvement from.

2022 Paving Program. The 2022 Brewster Paving Program began May 25th. To date the contractor has:


  • Milled all streets on the 2022 paving list: Glick, Buckeye, a portion of “1st”, and McKinley.
  • Paved Buckeye, Glick, and “1st “Street between Lincoln and Washington. Repairs were needed on “1st “and Buckeye.
  • Completed the concrete ADA Ramps, curb, and other concrete work on McKinley.
  • Based and placed intermediate course on McKinley
  • Final paving for McKinley is scheduled for Monday June 20th.


As McKinley had to be reconstructed from 4th Street to 5th Street, INCLUDING INTERSECTIONS, it required shutting down not only McKinley between 4th Street and 5th Street and included the intersections. McKinley has been opened to traffic pending final paving.


Tree City. The Village has received another Tree City designation (29 years) for its activities in 2021.

In addition, the Village received its second consecutive Tree Growth Award for 2021 for its activities above and beyond what is required for Tree City Designation.


Proposed New Subdivision. The Village has had PRELIMINARY discussions with representatives of the owners of the old Gun Club about subdividing the property. The PRELIMINARY layout has eleven (11) new lots. The dividing line on the property between R-1 and R-3 is unclear, but in their PRELIMINARY layout 8 of the 11 lots meet the square foot requirements of R-1 of 10,000 square feet or more. Then 2 of the remaining 3 lots meet the required 7000 square feet for R-3, but 1 of those 3 lots currently having less than the required 7000 square feet for R-3


For this acreage (4.99) a Stormwater Improvement Plan (SWIP) is required, and often a retention pond would be required as well. I would advocate against a retention/detention basin, as it would be in the vicinity of the levee and having water on both sides could affect its integrity. I have reached out to both Stark County Soil and Water and Stark County Subdivision Engineering, as they were involved with the New High School Project to see if they can assist on this proposal.


Filter Media Replacement Project. Work continues with the Filter Media Replacement Project. We are awaiting delivery of the manways (delayed) before we can move forward with replacing all the internals on Filters #1 - #3. 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. The start continues to be delayed due to slow delivery of (actually lack of delivery of) materials, which has extended the length of time for the project.


Brewster Parke Water Line Extension Project. A pre-construction meeting was held on Wednesday May 18th with the contractor RBS General Contracting of Massillon, Ohio and the Village. The project is planned to begin soon.


AMI Project – Wrap Up and Close Out. CT is in the process of closing out the AMI Project. I will keep Council informed.

Stark County Side Lot Application. The Stark County Land Bank has forwarded two (2) parcels that have been resubmitted for their side lot program. It has been resubmitted by Gregory Majors.


In November 2020 when these parcels were first submitted, I reported:


  • Side Lot Application – Stark County.  I wantto update Council on the side lot application(s) Council approved at the October 19th Council Meeting. I ran into a glitch on two (2) of the six (6) parcels that were requested to be transferred via the side lot program.


The final Village step in the process is filling out a form and providing a Sworn Statement of Abandoned Vacant Land form for each parcel. In filling out the Sworn Statement of Abandoned Vacant Land forms, I determined that parcel 7000639 has a structure on it (garage). The structure is probably NOT one built by the owner of parcel 7000639. I cannot swear under oath that the property is vacant nor that it has an abandoned structure. As such, it does not qualify for the side lot program. (Note: it appears whoever has built/is using the structure is gaining access via the applicant’s property)

Because parcel 7000639 doesn’t qualify for the side lot program, parcel 7000451 doesn’t qualify either, because it is not contiguous to the applicant’s property via parcel 7000639.

I have sent the documentation back into the County for the other four (4) lots.

The Mayor is attempting to reach out to the applicant.


There has been a change in status for parcel 7000639. Since November of 2020, the structure has been partially demolished and is no longer in use. The Mayor and I visited the parcel and observed that change in status yesterday. We also spoke with the resident at 835 McKinley Ave SW, who related that he had begun demolishing the structure and was/is planning to remove the debris from parcel 7000639 because the owner of the property, Gregory Majors, had asked him to because the structure was located on Mr. Major’s property. I am just relaying what we were told by the resident at 835 McKinley Ave SW, who also indicated that if parcel 7000639 was available for “purchase” through the side lot program, he was interested in acquiring the parcel as he has been using it for a number of years.

Council can review the documentation that has been sent. Council will need to vote whether to approve or reject the side lot application as part of the process.

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

  1. Cleveland Ave south of Main on east side. COMPLETED except for patching.
  2. Catch basin on Tuscarawas (sump pump). COMPLETED except for patching.
  3. East Main Street Drainage. Project has begun and will continue as weather permits.
  4. Dartmouth/Amherst relief line. Easement has been signed. Will need to be recorded. Work to start when it can be scheduled.
  5. East end of 1st Street SE. Will have to coordinate with US Army Corps of Engineers.
  6. Open ditch east of Mohican. We are consulting with Stark County Soil & Water.
  7. Drainage from Harmon west of 264 Harmon. Survey needs to be completed
  8. Drainage on north side of 7th west of Baymere.

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.


East Main Storm Drainage. One of the issues I asked Street Superintendent Rick Patterson to address is whether the drainage project on East Main Street could be accelerated by hiring an outside contractor. He has been installing pipe and catch basins as time and weather allow, but some have expressed “concern” that the project is moving too slow. Well, he got an estimate to complete the work (attached) from the contractor that did the drainage to the west of the WANDLE house - $20,000 for the remaining 300 feet with the Village supplying the material. That works out to approximately $67 per foot. The entire project is 710 feet – so the total cost would have been $47,570, which is what we have saved by doing the project with our own personnel.


So, while it has taken longer to complete as a fill-in project fit in with all the other responsibilities and weather constraints, the amount of money saved in my opinion is worth it. The Village does not have many places it could have taken the $47,570 from either.


Natural Gas Aggregation Program. To recap, our natural gas provider for the Village’s Natural Gas Aggregation Program, Volunteer Energy, went bankrupt. We had 18 months remaining with Volunteer Energy on the “contract” that was voided in bankruptcy.All the village residents who were part of the Village’s Natural Gas Aggregation Program (484) were sent back to Columbia Gas of Ohio’s default service. Natural gas service was not interrupted, and our residents will remain on Columbia’s default service until our program restarts, or they choose a supplier on their own.


The Village immediately started a new Request for Proposals with Independent Energy Consultants to restart our program. They sent out an RFP along with these other communities that also had Volunteer Energy as a supplier (that usually generates better supplier interest)

  • Canfield Township                          Columbia Gas of Ohio
  • City of Findlay                                    Columbia Gas of Ohio
  • City of North Canton                       Dominion Energy Ohio
  • Village of Silverton                          Duke Energy Ohio
  • Stark County                                      Columbia Gas of Ohio


The responses to the RFP are in. Council will have to decide on who the supplier will be and on the length of a new contract. I forwarded a copy of the PowerPoint style presentation to Council. The recommendation of Independent Energy Consultants was IGS. Council passed an ordinance authorized entering into a Supply Agreement with IGS for 2022-2026, based on the 4-year adder of $1.96.


For reference/reminder, the Village’s natural gas aggregation price is made up of an adder (quoted from the proposed supplier, which expires in thirty (30) days) and the “market” price of natural gas (set at the time the Village “strikes” the price). The natural gas “market” price portion of the total price is VERY volatile.


The “market” will be monitored, and a price struck when in the best judgement it is the best time to do so.


Residents who do not wish to wait or participate in the Village’s Natural Gas Aggregation Program have the option to choose their own supplier via PUCO, which has and will continue to have a number of suppliers on their Apples-to-Apples chart with a wide variety of costs, terms, and fees. OR stay with Columbia Gas. If residents choose a natural gas supplier on their own their choice MAY preclude them from participating in the Village’s opt-out program – for example, the length of the term (contract) and/or the early termination fee would be the main two (2). What the Village can “recommend” to residents at this point is to stay with Columbia Gas while the Village completes the RFP process to select a new opt-out supplier and sets a price, and later in the summer if they are not satisfied with the price or terms of the Village’s Natural Gas Aggregation Program they can opt-out and choose then.



  1. Closing the north side of East Main Street the evening of June 23rd for a concert.
  2. Reviewing the School Resource Officer Memorandum of Understanding on June 27th.
  3. Meeting with Fire Department Officers at their convenience.
  4. Meeting for “Old-Fashioned Christmas in Brewster” – July 6th at 10 am in the Village Community Room.
  5. Will be sitting down with the Historical Society to discuss a possible grant that would be run through the Village.
  6. Tree Board will meet on June 30th at 1:00 pm in Council Chambers.



  1. I am requesting Council to review and sign the check register for this set of bills.
  2. I’ve submitted the analytics the auditors requested after they left.  Still waiting to see when we can put everything away.
  3. The Fairless Athletic Boosters is looking into putting banners up and would like Council’s input on whether they could put them up in the Village.  We will need to consult with the Electric Department on the proper size to protect our poles.  They would also like to put up a sign as you enter the Village letting visitors know this is a Fairless community.  On 7th Street they are interested in putting banners with the students’ pictures.
  4. Advertisements for EMT’s and Paramedics have been placed in both the Massillon Independent and the Stark and Tuscarawas Bargain Hunters per Chief Colucy’s request.
  5. Garage Sales will be August 12 & 13.  I will be advertising shortly.
  6. As the storage room is being cleaned out slowly, we have found items that could be put on the public auction site.  There are rolodexes and cards for them, still in the original boxes.  Old phones and an array of other items.  Council will need to deem them unneeded in order to sell these items.
  7. Joyce Cunningham will be retiring on 12/31/2022.  Her professionalism and expertise will be missed.  I would like permission to advertise for help in my office.  The workload and reporting continue to increase.  While our desire is to move Alyssa up into Joyce’s position, we are going to need the additional hours that Alyssa has provided.




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.

Clerk King reported that the Records Commission met on June 21 at 6:30 pm to discuss additions and changes to the Records Retention Schedule.



  1. None.



  1. Tabled Ordinance (06-06-22): An Ordinance awarding a contract for a Building to house the Digger/Derrick truck and the rest/entirety of the Electric Department.


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

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to schedule a public hearing on August 1st at 6:45 pm to take evidence and comments on a proposed zoning map amendment to rezone 125.27 acres (parcels 7001381, 7001383, 10013711, and 10013712) from I-2 Heavy Industrial to A-1 Agricultural.  The vote: All yes.


COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to permit the Village Clerk to advertise for a part-time position in the Clerk-Treasurer’s Office.  The vote: All yes.


COUNCIL MEMBER HIILARD MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to complete the shared path with concrete between Dartmouth and Amherst on East 7Th Street at a cost not to exceed $12,000 from the Capital Improvement Fund.  The vote: Hilliard, yes; Radich, yes; Schwab, no; Fox, yes.


COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to purchase 10 decorative lights with no overhead lines on East Main between Cleveland and Park Drive.  Council Member Schwab stated he would only vote for this if there were also plans to put the decorative lights between 1st St. and the underpass on Wabash Ave.  VA Miller stated he is working with the property owners on getting the easements for that area.  The vote: All yes. 


COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to create legislation Authorizing the Village to Provide Village Owned Public Utilities (Water, Wastewater, And Electric) at no cost when used for Municipal or Public Purposes.  The vote: All yes.


COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to close the north side of West Main Street (the Boulevard) from Wabash to McKinley at 5:00 pm for a concert.  The vote: All yes.




COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER SCHWAB and motion carried to adjourn at 8:16 pm.  The vote: All yes.


Respectfully submitted,

Kris King, Clerk-Treasurer

Charles Hawk, Mayor