October 17, 2022 - Meeting Minutes

OCTOBER 17, 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.
The meeting took place in the Brewster Community Room.
Charles Hawk, Mayor
Dale Fox, Council Member                        David Godwin, Council Member               
Tom 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 October 3, 2022 Council meeting minutes.
COUNCIL MEMBER FOXMOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to approve the minutes as presented.  The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to accept the bills in the amount of $382,762.71.  The vote:  All yes.
Floyd Hershey, Sandra Shilling, Priscilla Cunningham, Sergeant Ben Truman, Police Chief Nathan Taylor, Electric Supt. Ryan Swan, and Fire Chief Chris Colucy
Sandra Shilling, 424 Grosswood Ave, Massillon, attended to express her disagreement with the No Parking signs on the west side of Wabash on the 400 block in front of the Gathering Place.  She stated that there were already two signs and now a third sign was erected.  She doesn’t understand why because it has been fine for decades and now it’s an issue.  Ms. Shilling stated there are no signs by the Catholic Church.  The Gathering Place Church only has services on Sundays in which they park on the street.  There are a lot of parishioners that have walkers and wheelchairs, and they need the parking space.  Ms. Shilling also stated there are a lot of handicap voters on election day.  Ms. Shilling felt they were being discriminated against.  She prayed to God and came to ask why this sign was put up.
Floyd Hershey, 13646 Navarre Rd SW, Beach City, is also a member of the Gathering Place.  He stated he has been associated with the building for 37 years.  He helped put the HVAC system in.  He stated the sign needs to come down so everyone has access to the church.  Mr. Hershey stated that for no reason at all, the sign was put up.  He stated that were was also no notice given to the church.
Priscilla Cunningham, 404 3rd Ave., Beach City, is also associated with the Gathering Place Church.  She is the administrator and treasurer.  Ms. Cunningham owns the buildings from McB’s Café to the hardware.  She stated that the Gathering Place is the only church having three No Parking signs and the church is receiving unfavorable consideration.  It is inconvenient and inappropriate for the sign to be there.
Council Member Hilliard asked Police Chief Taylor the reason for putting up the sign.  Chief Taylor replied that he had received multiple complaints.  He stated that in order to see when pulling out of West Fifth Street, your vehicle is actually in the driving lane of the south bound traffic.  The Chief tested it himself.  The black truck that often parks there blocks the line of vision.  It was stated that the black truck did not belong to a member of the church.  The Chief stated that the sign was not put up to hurt anyone.  It’s only about safety.  He said he and the church could talk and take another look at it.
Council Member Schwab asked Solicitor Anthony if parking restriction were usually passed by Council and why this one wasn’t.  Solicitor Anthony stated that the Police were within their rights to protect the public, but it is ultimately a Council decision.  Council Member Schwab asked the Mayor if this will be brought in front of Council.  Mayor Hawk said it will come before Council.
Ms. Cunningham asked if the sign could be removed until Council makes that decision.  The Mayor stated the sign will remain, but the Village will try to resolve this situation.
There were no guests.
CONSIDERATION OF ORDINANCES:  Titles of each read by Solicitor John Anthony. 
RESOLUTION 52-2022:  Resolution accepting the amounts and rates as determined by the budget commission and authorizing the necessary tax levies and certifying them to the county auditor was given third reading.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to approve the legislation as presented.  The vote: All yes. 
RESOLUTION 53-2022:An Ordinance Authorizing A Second Amendment To The Stark County
 And Village Of Brewster Sanitary Sewer Agreement To Accept And Treat Sanitary Sewage And Wasteswas given third reading.
VA Miller explained that the map was amended to add the road by the nursing home and three more words were added.  Council Member Godwin stated this was huge thing for Justus and Harmon as many properties had their sewer and water wells too close together.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to approve the legislation as presented.  The vote: All yes. 
RESOLUTION 54-2022:A Resolution Authorizing The Village Administrator To Apply For, Accept, And Enter Into A Cooperative Agreement For Construction Of The Tuscarawas/Locustdale/Pinewood Water Line Replacement Project Between The Village Of Brewster And The Ohio Water Development Authority And Declaring An Emergency was given second reading.
COUNCIL MEMBER GODWIN 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.
The OWDA loan interest rate is 3.51%.  The VA increased the amount of the loan to include the contingency because we can reduce the loan if we don’t use the contingency but we cannot increase the amount we want to borrow once the papers are signed.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to approve the legislation as presented.  The vote: All yes.
Second Reading: An Ordinance Amending Ordinance 59-2021 To Adjust The Compensation Of Village Employees For 2023 Through 2025.
First Reading: An Ordinance to Authorize the Execution of an Efficiency Smart Schedule with American Municipal Power Inc.
A. POLICE DEPARTMENT: Chief Nathan Taylor
  1. There were 523 calls in September and 240 so far this month.
  2. Burglaries have spiked in the area.  There have been 8 in Brewster.  The Chief is encouraging residents to keep things locked up.  He also emphasized the importance of calling immediately if you see anything.
  3. The department will have as many units out as possible for the upcoming trick or treat.
  4. This Thursday is the Spirit Parade followed by a bonfire at the high school.  Again the department will have as many units out as possible
B. FIRE DEPARTMENT:  Chief Chris Colucy
1.    There were 737 calls in 2022.
  1. The Fire Department will be using Field #3 for a landing zone for one or two Life Flight helicopters on Tuesday.
  2. The department will be out for trick or treat.
  3. The department will lead the football team to Tuslaw for Friday night’s game.
  4. State Fire Inspector would like to have a satellite office in Brewster.  If permitted by his supervisors, he will run calls with department on his own time.
  5. The County meeting will be in Brewster on Thursday, October 27th.  All Stark County Fire Departments are invited.  Ohio Edison will be providing a program.
  6. The rescue tools are in.  They don’t fit properly so the truck is going to have to be revamped.  They will have an in-service shortly on the use of the tools.
  7. Council Member Hilliard stated the preschool was very appreciative of the Fire Department coming into their classroom for fire prevention.
  8. There will be training on putting out fires on electric car batteries.  The problem is the magnesium in them.  As we move forward there will be more and more training.
  1. The Opioid Account has been set up by the Clerk for One Ohio deposits from the settlement with the pharmacies named in the lawsuit.  Solicitor Anthony anticipates funds will be coming in soon.  Council Member Godwin asked Chief Taylor if Brewster pays for Narcan.  The Chief stated that any extra is paid by the village.  The Solicitor stated that anything related to opioid addiction in the past and future can be paid out of the fund set up for One Ohio.
  2. Solicitor Anthony stated his appointment ends this December.
  1. Trick or Treat: October 31 from 6pm to 7:30 pm.  A party will follow at 8 pm in the new community room.
  2. Old Fashion Christmas in Brewster will be held November 26th from 5-8 pm downtown in the square.
Council received the Village Administrator’s report last week to review.  Administrator’s report for period 10/04/2022 thru 10/17/2022:
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 meeting.  The vote: All yes.
VA Miller addressed the following items that have occurred since the email went out: 
  • Discussed a potential CDBG grant for the Hillview Trailer Park sewer line extension in the amount of $ 89,000 with a November 4th deadline.  VA Miller made sure the Village qualified to make application though the project benefits a private business.  Council approved the WCPLF application.  This would benefit low to moderate income residents.
  • Council Member Hilliard alerted VA Miller of a big sale at Yoder Greenhouse in Applecreek.  VA Miller has already purchased trees from the sale.
  • Council Member Godwin asked if VA Miller needed a motion to authorize him to apply for the CDBG application on behalf of the Village.  VA Miller stated that one of the benefits will be the manhole that needs to be put in the over 1200 feet of pipe leading to the plant.  The other benefit is that the County will take over the bidding and prevailing wages for the project.
  • Council Member Hilliard asked if the lights on Field #3 would be an issue for the helicopter landing.  He was concerned if the old poles were safe.  It was stated there would be no problems.  Council Member Long also stated the lights on Field #3 were working as there was a soccer tournament on the field recently.
Administrator’s report for period 10/4/2022 thru 10/17/2022:
OPWC Tuscarawas/Locustdale/Pinewood Water Line Replacement Project.Council voted to award a contract for the Tuscarawas/Locustdale/Pinewood Water Line Replacement Project to Dirt Dawg in the amount of $290,927. The Village has received an OPWC Grant in the amount of $113,817. The Village has also received an OPWC loan in the amount of $75,878 for this project. That leaves a balance of $101,232.
As we discussed at the February 7th, 2022 Finance Committee Meeting, it is advantageous for the Village to obtain a loan for the balance, primarily so that it keeps itself (Water Department) in a good cashflow position. We waited until bids were opened so we had a specific amount. I am communicating with RCAP, who can prepare an application to OWDA at no cost to the Village. But before the application is submitted, Council will need to approve applying for the OWDA Loan. Council initially approved submitting an application at its September 19th Council Meeting so the application for consideration in October. We are awaiting word on the loan application from WPCLF (OWDA).
In the meantime, the contracts are signed, and the project should be underway shortly.
Brewster Water Treatment Facility Filter Rehabilitation and Media Replacement Project (Filter Media Project). Work continues on the Filter Media Project. Tank #4 has now been completed. It has been flushed, samples were passed, and it has been placed back in service. Tank #3 has been taken out of service and the filter media removed. There is extensive pit filling to take place, which will be a change order up to $1,800 for better material. Once brackets have been welded, the tank will be pit filled, painted, the new internals installed, and the new filter media installed so that the project can be wrapped up. It is looking like it will be complete the second week of November. I have reached out to OPWC, as there deadline is October 31st, and it won’t be a problem..
OPWC - Brewster Water Transmission Main Replacement Project. The Village’s OPWC application on Monday September 12th for the Brewster Water Transmission Main Replacement Project. It was turned in four (4) days early, in part because how effective and responsive CT Consultants was in getting the project/plans and some of the other attachments pulled together. Now we wait and see how it scores and where we rank. 
OPWC Park Drive Phase 1. The project is waiting to be rebid later this year for a 2023 start.I will keep Council informed.
Stark-Tuscarawas-Wayne Recycling District - 2023 Host Community Cleanup Grant Applications. The Stark-Tuscarawas-Wayne Recycling District sent out an e-mail at the end of September informing the Village that the 2023 Host Community Cleanup Grant Applications (Yard Waste and Recycling) were available through Re-TRAC. They stated that we needed to “ … have your applications submitted for processing by October 14th, 2022.” They also provided a friendly reminder that this is a new grant application and not a renewal year.
Brewster’s applications for 2023 Host Community Cleanup Grant Applications (Yard Waste and Recycling) were submitted this morning, ahead of the October 14th deadline.
I would ask Council at the next Council Meeting on October 17th to pass a motion to ratify the Village Administrator making 2023 Host Community Cleanup Grant Applications to the Stark-Tuscarawas-Wayne Recycling District for its Yard Waste and Recycling Facilities.
Muskingum Watershed Conservancy District – Debris Removal Grant. The Village was successful in obtaining 90% Debris Removal Grant (DRP) from the Muskingum Watershed Conservancy District. The grant is for $5,220. The Village 10% match ($580) will come from the Tree Fund. The contractor has been informed and the debris removal will get started as soon as possible.
AMPT Second Transmission Line. On Friday August 19thAMPT presented the Brewster supplemental solution at the PJM stakeholder process meeting this afternoon. There were no questions from stakeholders. AMPT (and Brewster) will now be waiting for PJM to perform their initial “Do No Harm” review. Once that is completed PJM will provide AMPT (and Brewster) a supplemental project number and then officially post this into our Local Plan. AMPT will keep the Village posted when the project gets to that point. AMPT indicates that they expect PJM to complete their review process sometime next month.
Electric Department – Substation Maintenance. GPD on the Village’s behalf solicited inform bids for maintenance on Brewster’s Substation. The items were split (as were the quotes) between 69kV items (AMPT) and 12kV items (Village). While individually both items were under the Village’s $50,000 threshold (the amount that require the Village to formally bid), combined they exceeded that amount. After consultation with Law Director Antony, it has been decided to proceed with the Village contracting directly with UIS (opening a Purchase Order) for its “share” ($40,650) and AMPT contracting directly with UIS (opening a Purchase Order) for its “share” ($23,800).
The Village with assistance from GPD will supervise the maintenance on behalf of the Village and AMPT, and then bill AMPT for the portion attributable to the 69kV items. The contract with GPD is a total not to exceed price of $17,400, with the Village’s portion $9,900. The rest will be reimbursed/paid by AMPT.
Electric Department – Potential Battery Storage Project. The Village staff (the Mayor, Electric Superintendent Ryan Swan, Lineman Mike Radich, and I) together with Dwight Niederkofler met with representatives of Convergent Energy on Thursday September 29th to discuss a potential Battery Storage Project that will help the Village peak shave and thereby reduce electric costs.
Briefly, peak shaving involves managing and/or reducing consumption during peak energy usage in the ATSI/PJM distribution areas to reduce the Villages costs. Peak shaving attempts to lower short-term demand spikes to lower/smooth out peak loads, to in turn reduce the overall cost of demand charges and transmission charges. Our Solar Project/Participation is one way to peak shave. Another is battery energy storage, storing energy at lower demand/costs and releasing it back into our system at projected peak times. A fuller explanation is below.
The proposed project, like when AMP/AMPT was discussing purchasing our transmission line and other assts, the Village will ultimately end up preparing a specification so that the project (and in this case the potential lease with an associated PPA) could be put out to bid. The proposed project anticipates utilizing the old substation on Chestnut, and would be similar to the Solar Project where the Village has no investment and “simply” agrees to purchase a fixed number amount of power at a fixed number of times per year to hopefully time those purchases so that it reduces the Village’s 1CP and 5CP Peaks, reducing our costs. Preliminary projections show a savings between $5 million and $7 million over 20 years.
So, based on the meeting, I believe that in the near future a preliminary Public Utilities Committee Meeting should be scheduled to begin going over this potential project.
Electric Building. After considerable revision of the specifications and a meeting this week to go over the revised plan and estimate, we are at the point where we can proceed to rebid the Electric Building.
After meeting with our engineer for the Electric Building (EA Associates), there is an agreement on the scope for revising the specifications prior to rebidding the Electric Building. The revised scope includes the following tasks/revisions to the plans and contract documents the Electric Building:
  • Ensured that “or equal” language is included and clear throughout the specifications and plans so the contractors/bidders is aware of the option to submit alternative items of material for approval.
  • It was determined that the Village would NOT procure in advance any items or materials.
  • That we will allow the successful bidder to extend completion date if contractor can show a hardship in obtaining an item/material.
  • Changed interior door specifications from metal to wood doors and eliminate closers on doors.
  • Changed window specification from aluminum to vinyl.
  • Changed siding specification from standing seam to metal panel.
  • Changed some of the railing specification from prefabricated metal to wooden.
  • Indicates parking area to be performed by village. Contractor will still perform work for reinforced concrete apron and ADA compliant parking space.
  • Indicates water service to be performed by village to close proximity of building where the contractor can tie into service.
  • Indicates sanitary sewer to be performed by the village to bring it within close proximity of building where contractor can tie into sewer.
  • Includes plumbing plan/schematic.
  • Changed electrical plan from 3-phase to single phase. This means we change from one large air conditioning unit to four smaller units (4 ton or less). This also eliminated the need for installation of economizers.
  • Change electrical panel from northeast corner of building to northwest corner of building and show service entrance at northwest corner of building. Village will run service to building.
  • Eliminated standby generator but will provide a generator plug for future installation of generator.
  • Eliminate electric cord reels in each bay.
So, a brief recap of the background and reasoning for the Electric Building again. Originally the plan was to build a virtually identical 3 bay garage next to the newest 3 bay garage. That plan tracked with building a new Street garage at 4 bays plus an office so that the Police Department could expand into three (3) existing Street Department bays and the current Street Department office. However, the option we pursued was to instead of building a new 3 bay Electric Garage and a new Street garage at 4 bays plus an office, build instead a new seven (7) bay Electric Garage with office, have the Street Department move into the existing Electric Buildings, and still have the Police Department expand into three (3) existing Street Department bays. The Street Department would have to reimburse the value of the existing Electric Buildings to the Electric Fund, and the Police Department will have to reimburse the Street Department the value of the three (3) bays and office, but ultimately that would be a better option. Ultimately, not all Street Department operations can be moved to the existing Electric Buildings. Salt storage and/or brine could not be located near wells/water supply and will have to stay put.
After exploring a number of options, the location that was chose for the new seven (7) bay Electric Garage with office is on new leased property in the pine trees north of the existing leased area. We have entered a lease with Brewster Cheese for the area; the location does NOT interfere with AMPT the second feed and associated ring bus into our substation; the trees have been removed. This will put all electric together.
The initial cost for engineering with Engineering Associates for the new seven (7) bay Electric Department Building was $30,810. That amount was less than the initial projected cost to design two (2) buildings.


Initial Small Electric Garage

Street Garage

Initial Combination

Current Large Electric Building

Design & Bid Documents





Construction Administration





Project Total





Plans for the new Electric Building were completed. The proposed building is 59.5 feet by 130 feet. We went out to bid with an estimate of $767,000. The bid opening for the new Electric Building did not go well. Without going through everything, the “highlight” is the only/low bid of $1,284,100 was $516,600 over the engineer’s estimate of $767,500 (67% over). So, the Village could not award a contract based on that one bid.
Council initially authorized $35,060 for engineering the two (2) separate buildings (Electric & Street). When we switched to a single building, that lump sum cost for design was reduced to $30,810. (theoretically a $4,250 reduction). The revision of the specifications was:
                $6,250 (Engineering Associates, Inc. fee)
                $3,250 (Electrical and HVAC sub-consultant fees)
               $9,500 (Total fee)
That increases the net amount authorized by Council for engineering by $5,250.
Back to now!
The revised estimate is now in: it is $1,013,000. The original estimate was $767,500. The revised estimate includes 5% “contingency” for each item. The reasoning for that is that we saw we got no serious bids when the estimate was “low-balled”. We get much better response and better more competitive bidding when we are more realistic and slightly higher. This estimate should get us multiple bidders and we should get bides below the estimate, as we just did on the Tuscarawas Water Line Project.
The proposal to pay for the new Electric Building breaks down as follows, starting with latest appraisal values:



Street Garage


Street Garage- Office & 3 bays (60%)


Electric – Front Building


Electric – Back Building


Total – Electric Buildings


So, based on the Street Department reimbursing the value of the existing Electric Buildings to the Electric Fund, and the Police Department reimbursing the Street Department the value of their three (3) bays and office, the breakdown is:



Street to Electric


Police to Street


Net Street Payment to Electric


The $118,471 for Police Department portion of the current Street Department Building would be divided over three (3) years out of the Income Tax – or $39,490.33 per year. The Income Tax was communicated prior to its renewal for among other things equipment and other basic needs.
The $232,815 for the Street Department to purchase the “net” cost left for the Electric Buildings would be divided over ten (10) years – or $23,281.50 per year. This would be out of Capital. Taking $23,281.50 per year drops what is available for other Capital Improvement purposes.
So, the ultimate net cost to Electric is:



Total Electric


Less Reimbursement



$ 661,714

I am not asking for action at this time. Still need to do due diligence with Courtney & Associates as well as the Clerk-Treasurer so that we can make a recommendation for the November 7th Council Meeting to assure that the funds (primarily Electric) can support the payments and/or costs.
Hillview Mobile Home Park Sanitary Sewer “Project” – Potential CDBG Application. We have been discussing on and off construction of a pump station, force main, and manhole to connect Hillview Mobile Home Park to the Village of Brewster’s sanitary sewer system. In August, an application was submitted to OWDA for a WPCLF Loan. We are awaiting the completion of OWDA scoring that application, and ranking it amongst other applications, to see if the application is successful. The application was submitted with the following facts in place:
  • That the OEPA has ordered that the septic system be eliminated and a pump station with force main be constructed to connect to the Village of Brewster’s sanitary sewer system
  • That the OEPA has taken action against the Hillview Mobile Home Park – not the Village. The Village is under no “obligation” to participate beyond allowing connection. 
  • That the Hillview Mobile Home Park is inside the Village corporate limits via annexation.
  • That the Village did have plans partially completed by EA for a pump station, a force main going down the Hillview drive, boring under 93, and then heading north down the east side of the 93 ROW (away from water line side) and connecting into a line into the plant with a NEW manhole. The amount that the Village spent for those preliminary plans was $8,941.
  • The price for EA to “update” or complete those plans, including getting the electric designed is $13,500.
  • The overall current estimate is $296,000.
  • That the WPCLF application was submitted conditioned upon the Village getting an agreement in place with the Hillview Mobile Home Park to reimburse any/all costs the Village incurs.
  • As I pointed out in July, there is one caveat – it is clear that the VILLAGE would benefit from the construction of a manhole of the east side of Wabash, in addition to Hillview. The Village currently has approximately 1175 feet of sanitary sewer without access for maintenance/cleanout between a manhole at the end of McKinley and the levy gate. However, the EA estimates that cost at $5,000 if part of the project.
With that background, there is another way the Village can ASSIST in getting the pump station, force main, and manhole to connect Hillview Mobile Home Park to the Village of Brewster’s sanitary sewer system completed – apply for a CDBG Grant. I have completed a first “draft” of the CDBG Application. There are several factors that limit what the Village COULD request.
  1. The Village received $441,959 in a CDBG Grant in 2020 for the Jefferson Sanitary Sewer Project, which was less than ½ of the total projected construction costs.
  2. The application scoring gives more points for smaller amounts requested – i.e. 10 points for less than $49,999; 7 points for $50,000 to 99,999; 5 points for $100,000 to $249,999; 2 points for $250,000 to $499,999.
  3. With the $8,941 the Village already spent, in order to get points for “local funds” that amount must be at least 10% of what is requested in CDBG funding. That means the maximum request (unless the Village spends more of its funds, which it will not) is $89,410.
  4. Because the project serves a “small neighborhood, the application needs to accumulate as many points as possible elsewhere in the application.
I certainly cannot submit a CDBG Application without Council approval. The submission deadline is Friday November 4th at noon. So, obviously a great deal of discussion needs to happen at the next Council Meeting on October 17th.
Natural Gas Aggregation Program. A price was struck at $0.854/Ccf for the first 24-months of our term starting this October.
The main thing to remember is that residents have the ability to opt out!
Residents who do not wish to wait to 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.
Certifications – Property Maintenance in 2022. The Village forwarded a list of properties where the Village had to address high grass and weeds during 2022. We requested that the amounts set forth in the letter be certified to the corresponding parcel numbers and be placed on the 2022 property taxes that will bill in 2023. There were 3 addresses, but 4 parcel numbers. The total requested to be certified was $3,105.
Certifications – Utilities in 2022. Based on the recommendation of and consultation with the Utility Department, the Village forwarded a list of utility account delinquencies that it requests be certified and placed on the 2022 property taxes that will bill in 2023. There were 3 properties, which included 3 electric accounts, 1 water account, and 1 sewer account. The total requested to be certified was $2,459.96.
Wages – Employee Compensation Committee Recommendation. As set forth in Ordinance 93-2017, the Employee Compensation Committee has researched and reviewed employee compensation and is providing Council with a recommendation prior to September 30th. It is a three (3) year recommendation for 2023 through 2025. The “minimum” annual increase is 2.75%. Like 2017 the three (3) year recommendation in 2017 for 2018 through 2020, it is based on comparable wages for similar job descriptions/duties, some increases vary from that base. The recommendations of the Employee Compensation Committee are made with the intent to be able to retain and attract qualified personnel for the foreseeable future.
The “final” version of the wage ordinance is attached, based on the Employee Compensation Committee Meetings and research. The recommendations were reviewed to assure that they can be supported within the projected Budgets of each Village Department. Kris has verified we can afford the increases.
There is also a companion piece, which is a revision of 3.18 OEPA Certification Ordinance, which is attached (the policy, not the ordinance). Council will be requested to amend the ordinance adopting 3.18 OEPA Certification Incentives that also change annually, rather than are fixed as has been past practice.
Both are being submitted to be passed on a non-emergency basis, as there is ample time for three (3) readings and the 30 days after passage between now and January.
I am suggesting that a Committee Meeting(s) be called to go over the details behind each of the recommendations.
You will note that the Fire Department is not included. This is because the rate structure being considered for the Fire Department is a radical change from the existing pay structure, that will include a new Fire/EMS Certification Employee Handbook Section just for Fire. There are still steps that need to be taken in this regard, including a meeting with the Officers. Since it is still a work in progress, a separate Ordinance(s) will be submitted once the officer’s meeting is held.
Storm Drainage Projects. The current list of storm sewer projects in their priority order, with updates on their status:
1.       Catch basin on Tuscarawas (sump pump). COMPLETED except for patching.
  1. Elton. Storm sewer failure. COMPLETED except for restoration
  2. Corner of Needham & Harriman – catch basin collapse
  3. Dartmouth/Amherst relief line. Easement has been signed. Work to start when it can be scheduled.
  4. East end of 1st Street SE. Will have to coordinate with US Army Corps of Engineers.
  5. Open ditch east of Mohican. We are consulting with Stark County Soil & Water.
  6. Drainage from Harmon west of 264 Harmon. Survey needs to be completed
  7. 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.
Brewster Property – South Route 93. As a follow-up of sorts to clearing the debris from the Sugar Creek east of the bridge on Route 93. It has been observed that there is a lot of activity:
  1. Vehicles. There has been a lot of vehicle traffic all the way down to the bank. The PD has been made aware of this traffic and has been monitoring it. Concern about a vehicle potentially going too close and ending up in the Sugar Creek. There is now a “turn-around” near the bank. I have attached photos from the Stark County Auditor’s website, that not only show a car, but one is marked up to show where the new turn-around is.
  1. Drinking. There have been sightings of beer cans at the bank of the Sugar Creek, and farther down the creek bank along what was a game trail but now has heavier use.
  1. Fire pit - someone has dug out a fire pit.
  1. Illegal turtle snags. A couple of years ago when we had our local ODNR Ranger at this location, he found a number of illegal turtle snags. Turtle snags are lines tied off somewhere up the bank (trees) with a baited hook at the end in the water. The law for Turtle snags is:
Rule 1501:31-13-02 | Fishing methods other than angling; areas affected.
(D) Set or bank lines
(1) Set or bank lines may be used to take fish or turtles only as herein provided.
(2) It shall be unlawful for any person to set, use, or maintain in excess of fifty set or bank lines, or attach more than one single hook to any one line. Treble hooks are unlawful.
(3) It shall be unlawful for any person to set, use, or maintain a set or bank line from a dock, wharf, pier, boat, dam or artificially constructed retaining wall, or attach such lines to fishing rods or fishing poles.
(4) It shall be unlawful for any person to set, use, or maintain a set or bank line which is attached to any stake placed or present in or under the water.
(5) It shall be unlawful for any person to set, use, or maintain more than six set or banklines in all public waters of the state of Ohio less than seven hundred surface acres. Provided further, it shall be unlawful to use a treble hook on any set or bankline.
(6) It shall be unlawful for any person to fail to inspect or maintain their set or banklines once every twenty-four-hour period.
(7) It shall be unlawful for any person to leave any part of a set or bankline which was brought to the site upon completion of use.
(8) It shall be unlawful for any person to set, use, or maintain set or banklines unless they have attached thereto a durable waterproof tag bearing the name and mailing address of the user in English letters or the unique division of wildlife customer identification number of the user legible at all times.
(9) It shall be unlawful for any person to disturb or molest a legally placed set or bankline of another without permission from the set or bankline owner or user.
After the debris is removed from the Sugar Creek, there will be more of the bank on Village property accessible. Certainly, foot traffic and fishing would be permissible, with limitations.
So, to start to address these issues we will put up a gate to restrict vehicular traffic past the guardrail. It will still allow foot traffic.
I suggest we have a Building, Parks, and Grounds Meeting to allow continued fishing but to also establish reasonable limitations, such as:
  • No access between sunset and sunrise, as other “parks”
  • No vehicular traffic beyond a specific point
  • No digging
  • No fires
  • No “bank lines”
  • No hunting
  • No foot traffic beyond a certain point.
These are based on preliminary discussions with the Mayor and Police Chief.
Efficiency Smart – Contract Renewal. The Village of Brewster’s contract with Efficiency Smart is set to expire December 31, 2022. It was last renewed in November of 2019 for three (3) years. I am providing a draft ordinance to renew the contract again for another three (3) year period from January 1, 2023 through December 31, 2025.
I have provided slides provided by Efficiency Smart illustrating their expectations of where we the Village end up at the end of the year, as well as the goals and costs for a renewal for a new 3-year contract.  The last slide is a table we put together that compares the cost for Efficiency Smart relative to the numbers AMP provided for market power, capacity, and transmission.  It’s used to show how we are the lowest cost option for power supply.
The Village has been participating in Efficiency Smart for quite some time, and I recommend renewing it again.
  1. Christmas in the Village meeting will be November 3, 2022 in Village Hall at 10:00 AM. 
  2. Mayor Hawk is recommending the appointment of Matt Bair be approved to work shifts. 
  3. Mayor Hawk would like to appoint Solicitor Anthony for another year with 7% increase in salary.
  1. Please review and initial the check register for tonight’s bills.
  2. There will be an “Ohio Ethics Law 2022: Watching our Steps” class on Thursday, November 3rd at 10:00 am in the Brewster Community Room.  Please RSVP by October 15th by contacting me at 330-767-4214.  This is recommended for all elected officials and public employees.  This is a free class and other local communities are invited to attend.
  3. The FOPA #40 is asking for a donation for Massillon Cops for Kids 2022.  The question was raised as to whether it benefitted Brewster children and that could not be answered so Council Member Godwin stated that he would take care of this personally.
  4. Thanksgiving and Christmas for the employees.  Council Member Hilliard suggested $100 certificate for Belloni’s for groceries for the employees’ holiday meals.  The Clerk was asked if the Village could afford it.  Clerk King stated that it could and suggested the respective funds for each employee be used.
VILLAGE SPEAKS (Communications received by Council Members from Village Residents):
Council Member Godwin stated that as a resident, he participated in Efficiency Smart’s Recycling Project.  They came and picked up a working window air conditioner and gave him $100.  The program is almost over this year but will start up again in the spring.
Council Member Hilliard stated that the Fairless Food Cupboard Toy Drive funding has improved somewhat but still is in need of donations.
COMMITTEES or COUNCIL REPORTS: The Goal of committee meeting is to discuss an issue or proposal and to provide, by a consensus of the committee members, ONE recommendation to Council.
  1. Tabled at Third Reading: (September 19, 2022) A Resolution authorizing the Village Administrator to prepare and submit an application to the Ohio Public Works Commission State Capital Improvement Program for a Chestnut Widening, Berm, and Paving Project, and to execute contracts as required.
OLD or NEW BUSINESS:Council Rules require a two-week waiting period before any expenditure of funds unless determined an emergency.
Council Member Godwin asked the Solicitor if the State Fire Inspector having an office in the Brewster Fire Station was permissible.  Solicitor Anthony stated it needs to be authorized by Council.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER SCHWAB and motion carried to allow the State Fire Inspector to have a satellite office in The Brewster Fire Station.  The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to approve BFD Firefighter/EMT Matt Bair to work shifts in the Village Paramedic Services.  The vote: All yes.
Council Member Godwin asked Solicitor Anthony if a 7% increase was enough.  Solicitor Anthony was pleased.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to create legislation to retain Attorney John Anthony as Village Solicitor for 2023 with a 7% increase to his salary.   The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to authorize a CBDG grant for Hillview Sewer with the caveat that Hillview pay for the remainder of the project.  The vote: All yes.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to ratify the Village Administrator making 2023 Host Community Cleanup Grant Applications to the Stark-Tuscarawas-Wayne Recycling District for its Yard Waste and Recycling Facilities.  The vote: All yes.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to schedule a Council of the Whole meeting to for the preliminary exploration of a proposed Battery Storage Project in the Village Electric Utility on November 21st at 6:30 PM.  The vote: All yes.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to create legislation to restrict parking on Wabash Avenue South in front of the Gathering Place.  The vote: All yes.  It was stated that this gets the ball rolling on Council making a decision.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to instruct the Clerk to purchase gift certificates for all active employees in the amount of $100 from Belloni Foods and paid out of their respective funds.  The vote: All yes but Fox abstained.
Solicitor Anthony thanked Council.
Fire Chief Colucy stated that there will be five stork pins awarded at the County meeting on October 27th.  Jason Robinson, Jared Baer, and Jeremy Henry and two dispatchers delivered a baby.  Council is invited to the meeting.
Mr. Hershey stated that there is only parking across the street now for the Gathering Place church.  He reiterated that many of the parishioners were handicapped and moved slowly, and this was also a safety issue.
Ms. Cunningham stated the spots eliminated by the No Parking sign were the spots designated for the handicap and are no longer available.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to adjourn at 8:01 pm.  The vote: All yes.
Respectfully submitted,
Kris King, Clerk-Treasurer
Charles Hawk, Mayor