February 22, 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.

 

Charles Hawk, Mayor

Dale Fox, Council Member                             Dave Godwin, 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 February 7, 2022 Council meeting minutes.

 

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

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to accept the bills in the amount of $424,670.07.  The vote: All yes.

 

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

 

There were no guests.

 

ORDINANCE 13-2022:An ordinance approving with the City of Massillon Law Department to provide prosecution services in Massillon Municipal Court and other related legal services from January 1, 2022 through December 31, 2022 was given third reading.

 

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

 

SECOND READING: An Ordinance Establishing Permanent Appropriations.

 

SECOND READING: An Ordinance Amending Quarterly Transfers from the General Fund and Quarterly Transfers from the 1% Municipal Income Tax.

 

SECOND READING: A Resolution Amending Resolution 35-2012 Authorizing the Appropriation of the Money received in the First Half of 2022 from the Sugarcreek and Tuscarawas Township Fire and Ambulance Contracts be Temporarily Diverted to the Ambulance Replacement Fund.

 

SECOND READING: An Ordinance Authorizing the Awarding of a Contract for the 2022 Brewster Paving Project.

 

SECOND READING: A Resolution Amending and Clarifying Resolution 45-2014 and 15-2015 which created a Sidewalk Improvement Fund.

 

FIRST READING: A Resolution of Final Consent fort he Village of Brewster Village Administrator to Execute Consent Legislation for Safe Routes to School.

 

RESOLUTION 14-2022: A Resolution Honoring the Memory of Danny Shanklin was given first reading.

 

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

 

RESOLUTION 15-2022: A Resolution Honoring the Memory of Chester Larson was given first reading.

 

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

 

MUNICIPAL DEPARTMENT REPORTS:  

 

 

 

AG Yellow book:

a. Infrastructure and security records “Infrastructure records” and “security records” are exempt from mandatory public disclosure.  432 Note that other state 433 and federal 434 laws may create exemptions for the same or similar records. i. Infrastructure records: An “infrastructure record” is any record that discloses the configuration of a public office’s “critical systems,” such as its communications, computer, electrical, mechanical, ventilation, water, plumbing, or security systems. 435 Simple floor plans or records showing the spatial relationship of the public office are not infrastructure records. 436 Infrastructure records may be disclosed for purposes of construction, renovation, or remodeling of a public office without waiving the exempt status of that record. 437 ii. Security records A “security record” is “[a]ny record that contains information directly used for protecting or maintaining the security of a public office against attack, interference, or sabotage … [or] to prevent, mitigate, or respond to acts of terrorism.”438 Protecting a public office includes

 

COMMUNICATIONS: 

 

VILLAGE ADMINISTRATOR: Mike Miller

Council received the Village Administrator’s report last week to review.  Administrator’s report for period 02/08/2022 through 2/22/2022:

 

COUNCIL MEMBER HIILIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN 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.

• Received a quote from Industrial Appraisals for $12,940.  Council Member Schwab asked Clerk King if the Village’s insurance company still did this type of appraisal.  Clerk King stated that she contacted Selective Insurance and they don’t provide this type of appraisal.
• Update on the Electric garage: The zoning for the property where the garage is proposed is zoned I1 which makes it a permissible use.  We will have to get a zoning permit from ourselves.

Administrator’s report for period 2/8/2021 thru 2/22/2022:

 

Safe Routes to Schools Project – Consent Legislation to Bid and Additional Funding I informed Council at its last meeting that the estimate, and consequently the amount of additional funding that ODOT needed from the Village to bid out the SRTS Project was $85,000.First, the good news. ODOT verbally committed to providing an additional $50,000 in SRTS grant funds, bringing the total to $306,000.  

 

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

 

• Total Project Cost          $416,318
• Village spent to date -        75,318
• Grant Funds -                 $306,000
• Shortfall                           $35,000    

 

In May of 2019 the Village and Fairless School Board authorized applying for the Safe Routes to Schools Grant. In that ordinance, it stated:

 

If awarded the funding, the Village of Brewster further agrees to pay One Hundred Percent (100%) of the cost over and above the funding provided for the Safe Routes to School Project, as set forth in its application, through the State of Ohio, Department of Transportation

 

So, Fairless has been operating under that premise – that the Village of Brewster agrees to pay One Hundred Percent (100%) of the cost over and above the funding provided for the SRTS Project.

 

However, as Council is aware, the project quickly and consistently morphed into a “money pit” for the Village. We received just a portion of what was requested, which was designated for the Middle and Elementary Schools by ODOT. Our SRTS Grant of $150,000 was originally to cover both construction and engineering, but to preserve funds for construction and to maintain “control” we determined to employ the engineer ourselves, at an estimated cost of not to exceed $25,000. That estimated Village contribution has tripled, with additional expenditures for $11,400 for additional engineering; $5,500 for property descriptions; $17,100 for appraisals and Negotiation for right-of way acquisition; and then $10,580 for the actual acquisition of right-of-way. The Village has spent a total of $75,318 on the SRTS Project to date.

 

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

 

As Council is aware, I reached out to Fairless when the projected cost jumped to $250,000 in October of 2020, indicating that the Village was hitting a wall with the project, and seeing if Fairless could assist with the runaway costs. That request was rendered unnecessary when ODOT provided another $100,000 in SRTS funds.

 

So, I have again spoken with Fairless Schools on a couple of occasions and had multiple emails and conversations with ODOT today regarding the additional match/cost of $85,000 required by ODOT in order to be able to move forward with bidding the Safe Routes to Schools Project. That number is now $35,000. I have asked Fairless to consider contributing some or all of the $35,000 in order to get the project to move forward to bidding. My reasoning is that the Village obtained the original SRTS grant of $150,000; obtained additional $106,000 in SRTS grant funds; then obtained an additional $50,000 in SRTS funds; and has spent $75,000 in engineering and acquisition costs to this point as a “match”. That makes up $381,318 of a currently projected $416,318 project. The SRTS Project is entirely on (or connects) the Fairless Schools “campus”. It would make it safe to walk from the Middle School to the Elementary School. The $35,000 is approximately 10% of the construction costs. I have indications that Fairless will consider the request.

 

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 additional construction costs. True?Yes, the Village would need to accept the low bid amount of 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)

 

Bottom line is that the Village (and Fairless) will be walking away from $306,000 in grant funds, in addition to the $75,318 the Village has spent to date, if the remaining $35,000 is not paid to ODOT.

 

The only other options are IF the project can be reduced in cost by non-performing the portion from Route 62 to Middle School, which is unlikely, OR in the alternative we are able to wait and see if construction costs come down and/or costs become less volatile.

 

The SRTS Project creates a safe “path” between the Middle School and Elementary School where none exists now (now must walk on white line) not only for daily use, but also for evacuation for emergencies, such as a fire at one of the schools. We have $306,000 in SRTS Grant Funds and need $35,000 to keep/utilize them and construct the SRTS Project.

 

Council has legislation from ODOT at its Tuesday February 22, 2022 Meeting authorizing proceeding with bidding the project and that the Village cut a $35,000 check to ODOT to do so. It has been requested to be passed on an emergency basis by ODOT to keep the project on schedule. IT DOES NOT NEED TO BE PASSED THIS EVENING!

OPWC Application – Tuscarawas/Locustdale/Pinewood Water Line Replacement Project. I previously informed Council that the Tuscarawas/Locustdale/Pinewood Water Line Replacement Project was forwarded to OPWC Small Governments to compete for funding.

 

What was required of the Village was to “cure” application, which means that we had to supply additional information specific to the OPWC Small Government process no later than February 23, 2022. That information was turned in February 10, 2022. I submitted six (6) forms/updates. The most interesting development is in certifying the age of the water lines, the Water Department found the “plans” for connecting the North Water Tower to the system. The plans were dated 1946 (the North Water Tower was completed in 1949) so the Tuscarawas/Locustdale/Pinewood PREDATE 1946, as they are shown on the “plans”.

 

So, at this point we wait to see whether the Village is funded for the Tuscarawas/Locustdale/Pinewood Water Line Replacement Project. I will keep Council informed.

OPWC Application – Park Drive Phase 1 Project.  I previously informed Council; the Park Drive Phase 1 Project was forwarded to OPWC Small Governments to compete for funding.

 

What was required of the Village was to “cure” application, which means that we had to supply additional information specific to the OPWC Small Government process no later than February 23, 2022. That information was turned in today. I submitted six (6) forms/updates as the Village’s “cure” package February 15, 2022. 

 

So, at this point we wait to see whether the Village is funded for the Park Drive Phase 1 Project.

Tree Growth Award. The Village of Brewster received its second consecutive Tree Growth Award, associated with its Tree City Award, for 2021 from the Arbor Day Foundation. The Village was congratulated for its hard work to continuously improve our community’s urban forestry program in 2021. They went on to state that in times where community trees are more important than ever to combat climate change and make our cities more livable, our work will not go unnoticed.

The Tree Board has already taken a look at the Growth Award activity list for 2022 to establish goals so that the Village would qualify for a Growth Award in 2022 as well.

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. I am continuing with the next steps to allow a specification to be done to sell and/or lease the requested parcel. We will be surveying the lot split (replat) and having plans developed for construction based on the sketch. Concurrently, we are also assembling criteria to use in a bid process for lease, lease with option to purchase, or lease for the southernmost lot which is expected to be approximately 80 feet wide (at Wabash) by 140 feet deep. W.E Quicksall is preparing a proposal to complete formal plans for the parking lot that can be put out to bid. W.E. Quicksall is also coordinating the survey to replat the three (3) lots into two (2) – one for the parking area retained by the Village and one to be leased, leased with option to purchase, or sold via a bid process.

 

Water Department & EPA Recommendations - Hydraulic Model of the Distribution System. The Village’s completed Water Model Report has been distributed to Council. As a reminder, in June of 2021 the Village received a report with observations and recommendation from the Ohio EPA regarding the Village’s water system. One of the items EPA the recommended was:

 

5. Distribution – It is recommended that you work with a third party to complete a hydraulic model of the distribution system to improve your knowledge of water flow within your system. By knowing where flow is susceptible to stagnation, modifications can be made to the system to improve water flow, reducing water age, and potentially improving water quality.

 

The timing is good, because that Hydraulic Water Model will be a great resource to determine priorities for projects for the for the Brewster Water System, so I will be referring to it at the February 7^th Council Meeting.

 

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.

2022 Paving Program. The Village of Brewster opened bids for its 2022 Paving Program on February 3^rd. Four (4) bids were received and opened. A preliminary bid tab that includes the Engineer’s Estimates has been forwarded to Council.

 

Normally, the Engineer’s Estimate is considerably higher than both the low bid and the preliminary budget number.  The Engineer’s Estimate tends to be high (conservative) because the engineer (and Village) doesn’t want to have to rebid. Last year the low bid was 72% of the Engineer’s Estimate. This year it is 94%. Most of the bid unit prices are considerably higher in 2022 than 2021.

 

I have reviewed the potential cost (apparent low bidder) with Kris King, and there is more than sufficient funding to award the base bid. There is also enough for Alternate #2. However, based primarily on the cost I cannot recommend awarding Alternate #1.

 

There is an ordinance awarding a contract on the agenda for the Monday February 7th Council Meeting. I will for the time being leave the contractor and amount blank. I do not want nor to expect it to be passed on February 7th, 2022. In my opinion that would be a rushed decision.

 

I want to take some more time doing due diligence on Cardinal’s experience (early results positive). I also want to look into the unit costs in light of the current economic “climate”. Also, hopefully between now and the February 22^nd Council Meeting the snow will melt so everyone can take a look at the curbing on McKinley.

 

Thrasher is reviewing the bid from the apparent low bidder – Cardinal Asphalt, and after Thrasher reviews the bid(s) I will submit a recommendation to Council.

 

Council Chambers COVID Compliance Remodeling Project. Construction is well underway. The current and projected status of the Council Chambers COVID Compliance Remodeling Project is as follows:

 

• All underground and rough inspections are approved. Wall insulation inspection was completed and was approved.
• 2/3 – 2/4 Blown in Insulation (weather permitting)
• 2/3 – 2/4 Hang Drywall (well underway)
• 2/7 – 2/10 Finish Drywall
• 2/14 -2/18 Paint
• 2/21 -2/23 ACT Grid, Casework
• 2/21 Electrical Finishes
• Waiting for date for furnace equipment delivery
• Need Heat to continue flooring installation, plumbing, ceiling pads, final touch ups

 

I will keep Council informed as best I can so that Council isn’t surprised and has advance “warning” of proposed changes, although at this point, I believe there will be no more changes.

 

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.

 

Electric Department – Transfer Bus. The Electric Department continues to work on the transfer bus at the Substation. It is approximately 90% complete. 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 Department – New 7^th Street Line. Waiting on transfer bus to be completed.

 

Energy Summary – 2021. I forwarded a copy of the Village’s the year-end summary for 2021 for Electric Rates that AMP prepares. Of note is that Brewster’s power rates “…  ended the year at $69.78 / MWh, which is approximately 3% ($2.16 / MWh) lower than forecast and 10.1% ($7.84 / MWh) lower than 2020 rates”. Includes other costs such as transmission costs, as well as energy purchase costs in the pie chart on page two (2).

 

Hopefully, we can keep the downward trend continuing in 2022. The pie chart on page two (2) will have some changes in 2022 for energy purchase costs. 

 

First, the BP Remaining Requirements Contract (2019-2021) purchased in September 2016 at $34.98 per MWh will expire, and it will be replaced by Exelon Remaining Requirements Contract (2022-2024) purchased in September of 2019 at $34.14 per MWh – a decrease of $0.84 per MWh. The BP Remaining Requirements Contract (2019-2021) accounted for 40.4% of Brewster’s energy in 2021.

 

Second, the CITI 1 MW Block (2016-2021) purchased in September of 2015 at $35.00 per MWh will expire, and it will be replaced by the Shell 1 MW Block (2022-2027) purchased in August of 2017 at $30.15 per MWh – a decrease of $4.85 per MWh. The CITI 1 MW Block (2016-2021) accounted for 10.6% of Brewster’s energy in 2021.

 

Still watching the market for 2025 and beyond for both a block of energy and potentially a new remaining requirements contract(s).

 

As always, I will keep Council informed.

 

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.

 

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 finishing up the HVAC and Electric and should have plans for us to review shortly.

 

• GPD, who did initial surveying, has prepared a drawing and description for the area to be leased. 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 am checking the zoning. Based on what I found and discussions with Brewster Cheese (owners), my conclusion is that the area where the new Electric Building is to be built is zoned I-1.

 

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.

 

Street Department Garage. We continue to take steps to be able to use the northern most three (3) bays for equipment that must be kept above freezing (heated). We are still at the step where the Stark County Building Department has indicated they need a “engineered drawing”, which we are getting through Wood Electric. We also have had to adjust where the feed originates. After a new service is installed, we can install an electric heater(s) from the Fire Department.

 

Seasonal Employee(s) for Grass Cutting & Property Maintenance. We are advertising for a seasonal position(s) for grounds maintenance (weeding & Mowing grass) for 2022. The attached ad is what is appearing in the Stark Bargain Hunter. We also have an ad in the Massillon Independent. I will keep Council informed.

 

Property Maintenance – Grass Cutting. In addition to advertising for a seasonal worker(s), we are soliciting informal bids for cutting the Boulevard, Village Hall, Witting Park, and Welty Cemetery. I have attached a copy of the solicitation that will appear in the Stark County Bargain Hunter, and we are reaching out to those who either provided those services last year and/or from whom we requested informal quotes from last year.

 

One surprise/development is that Winfield, who was doing lots in the Village that didn’t comply with ordinance and had to be cut by the Village is no longer in the business. I am working on getting a replacement for that function as well.

Water Model Report. As I indicated at the February 7^th Council Meeting, the Brewster Water System Model had been completed. The Model will be a great resource to determine priorities for projects for the for the Brewster Water System. While it will be discussed at an upcoming Committee Meeting, I would like to further report that it was completed more efficiently than originally anticipated. The Purchase Order was opened for $24,000. To date we have been billed $14,627.49, leaving a remaining balance of $9,372.51.

AMI Project – Wrap Up and Close Out. We are in the process of “wrapping up” the AMI Project. The original project was supposed to be completed July 2021. We are 7 months past that date, due mostly to supply issues, and still not wrapped up & closed out. Change orders extended the time A new one is needed to extend again so we can properly close out. As a result, the original CT fee of $15k fee has been exhausted. To assure that the contractor is held accountable to complete the AMI Project per the specifications, we need to also adjust the CT fee accordingly. I have opened a new Purchase Order to wrap up and close out the AMI Project in a not to exceed amount of $5,000.

 

	New Quarterly Cost	New Annual Cost	2021 Annual Cost
Base Cost	$100.00	$400.00	$400.00
Water @ $0.45 per customer 856 Customers	$385.20	$1,540.80	$1,540.80
Wastewater @ $0.34 per customer 877 Customers	$298.18	$1,192.72	$1,192.72
Electric @ $0.45 per customer 943 customers	$424.35	$1,697.40	$1,546.52
Storm Water @ $0.20 per resident 2112 residents	$422.40 $105.60	$1,689.60 $422.40	$422.40
Other Municipal Assets *@ $0.20 per resident 2112 residents	$422.40 $105.60	$1,689.60 $422.40	N/A
ESRI Licenses Per viewer Per field worker Per creator		$100.00 $350.00 $500.00	$87.50
Total (without ESRI Licenses)		$8,210.12 $5,675.72 0R $5,253.32	$5,102.44

 

                        *Assets such as tree inventory, signs, sidewalks, recreational equipment …

Planning Commission Meeting of February 17^th – Conditional Use Permit.  At the Planning Commission Meeting of February 17^th at 7:00 pm, the Planning Commission considered the request of Brewster Cheese for a Conditional Use Permit for a temporary Building pursuant to Codified Ordinance Section 153.176 (B)(2). A copy of Codified Ordinance Sections 153.175 to 153.181 addressing I-1 Zoning are also attached. Codified Ordinance Section 153.383 provides:

 

          § 153.383 TEMPORARY STRUCTURES.

Any temporary structures must be indicated as such on site plans submitted to the Village Planning Commission for approval. Such structures shall not be continued as permanent structures. The period of continuance shall be set by the Village Planning Commission.

(Ord. 30-1974, § 802, passed 7-15-1974)

 

Brewster Cheese’s Condition Use Application is to allow a temporary building(s) (three (3) “trailers” attached to each other) to be located on parcel 7001447. Said parcel directly abuts (is completely surrounded by) other parcels owned by Brewster Cheese. The distances from the proposed temporary building(s) is:

 

• 210 feet +/- from the east or front (Wabash)
• 320 feet +/- from the north or front (7th)
• 193 feet +/- from the west or rear/side property line
• 302 feet +/- from the south or rear/side (Bimeler)

 

The proposed location is also sheltered or surrounded on three (3) sides (north, west, and south) by existing buildings. The only open “open” side is towards Wabash, approximately 210 feet to the east. The proposed location meets all setbacks and other requirements set forth in Codified Ordinance Sections 153.175 through 153.181.

 

At the close of the hearing, the Planning Commission voted to grant the Conditional Use Permit for a period of 2 ½ years, with the understanding that Brewster Cheese could reapply at that time.

 

Planning Commission Meeting of February 17th at 7:00 pm – Potential Zone Change Discussion. The Planning Commission also discussed a possible request for a zone change from I-2 to A-1 for parcel 7001383. The possible 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 can’t 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 – haven’t confirmed)
• The garage that they want to add on to doesn’t 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 isn’t a conflict set up between this property and Wheeling and Lake Erie. If it was 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 don’t 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 can’t 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 can contact to see if they would have an objection to having their land included in a rezoning to avoid a spot zoning issue.

Snow Removal. We have had two (2) major snowstorms in the past few weeks. It is my opinion that our snow removal efforts were excellent. Our employees have done an excellent job. I base this not only on over 30 years being responsible for snow removal in various political subdivisions, but also being able on the day(s) of the storms being able to compare our efforts here in Brewster to those of a number of neighboring communities.

 

When I say excellent, that is not to say we are perfect. There are some things we learned or relearned, such as when we push back snow, we need to push back far enough that there is room for snow from the next storm(s) if it doesn’t melt. We also initially missed a few alleys or undeveloped rights-of-way, as it had been a while since snow falls have been as deep as these last two (2).

 

Residents need to know that:

• There is nothing our employees can do that will prevent snow from being thrown back in the right-of-way and covering sidewalks, driveways, or even taking down an occasional mailbox.  Residents should report damage and we will make sure we repair the damage.
• The Village does not salt during snowfall events where it is likely we will have to plow after and thereby remove salt already put down.
• The Village does not salt alleys.
• Salt does not work when the temperatures get too low. “Road salt works just fine on its own when temperatures are above 25°. If it gets colder than that, its effectiveness becomes questionable, especially at night. However, if temperatures are in the 15-25° range and its daylight, road salt can still work pretty well.” From LTAP Brochure
• There is equipment that allows materials (brine/calcium chloride/beet juice) to be added to salt to lower the temperature at which it is effective, but the Village does not have that equipment. We saw extended periods of time below both 25 degrees and 15 degrees.
• The Village does plow mains and alleys and some undeveloped rights-of-way, but the plows cannot get to bare pavement, so plowing starts when there is an accumulation of 3 inches or more snow. Mains are always plowed first and depending on the amount and speed of snow accumulation alleys are second or after the snow has stopped.
• Keep in mind the width of the plow blade and if possible, park off the street during snow events, but in all cases do not park in the street across from other vehicles so that our equipment cannot get through. As we do not want to damage vehicles, in cases where our equipment cannot pass safely down a street next to or between cars (or trailers), we will not address the snow conditions until the situation is addressed by moving the vehicles.

 

.

 

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.

1         SRTS meeting: Discussed the evolution of the current position of the project.

2         Parks and Grounds meeting: Discussed potential projects for 2022.

3         Planning Commission meeting: Approved legislation for Brewster Cheese to put up a temporary building and discussed a property zoned I1 with a home on it.

 

 

From the Fire Chief: Purchase of exhaust fans at a cost of $9,510.

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 LONG and motion carried to accept the resignation of Michael Miller from the Fire Dept and the Paramedic Program.  The vote: All yes.

 

COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to place the check received from Sugarcreek Township for $30,000 in the Fire Operations Fund.  The vote: All yes.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER SCHWAB and motion carried to use funds from the Water Fund to pay for the Brewster Parke Water Line Extension.  The vote: All yes.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to approve Kayla Bailey as a probationary Advanced EMT pending a drug screen and a background check.  The vote: All yes.

 

COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to approve up to $10,000 for the purchase and shipping of two smoke exhaust fans by the fire department with the funds taken from the Fire Operating Fund.  The vote: All yes.

 

COUNCIL MEMBER HILLIARD MOVED SECONDED BY COUNCIL MEMBER RADICH and motion carried to permit the fire department to have a beer tent in the park and close the alley at Second Street from June 1 through June 4^th for the 2022 Firemen’s Festival with TIPS training and insurance.  The vote: All yes.

 

COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to purchase a car camera for up to $6,000 from the Police Car and Equipment Fund.  The vote: All yes.

 

COUNCIL MEMBER SCHWAB MOVED, SECONDE BY COUNCIL MEMBER GODWIN and motion carried to instruct the Village Administrator to explore pricing on EV Charging Stations.  Council Member Hilliard stated he would be for it as long as it was not in front of someone’s home.  Council Member Schwab is suggesting in the proposed Village parking lot off 4^th Street.  The vote: All yes.

 

Council Member Schwab asked Council to think about changing Navarre Road in the Village limits to Fairless Way.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER SCHWAB to approve the donation of $1,000 to the Fairless Youth Baseball and Softball Association.  After a brief discussion, it was amended to $1,250.  The vote: Schwab, yes; Fox, yes; Godwin, yes; Hilliard, yes; Long, abstain; Radich, yes.  Motion carries as amended.

 

COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER SCHWAB and motion carried to send Sgt. Truman to Taser Instructor School in Parma Heights at a cost of $375.  The vote: All yes.

 

Council Member Hilliard suggested that the Village Administrator get moving on hiring a seasonal worker before the applicants take other jobs.

 

Council Member Hilliard stated that he received many comments on how well the Village employees cleaned the streets.  He stated they did a really good job.

 

Council Member Fox stated the roads were the best he saw on his way to work.

 

 

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to adjourn the meeting at 8:07 pm. The vote: All yes.

 

 

Respectfully submitted,

 

Kris King, Clerk-Treasurer

 

Charles Hawk, Mayor