June 6, 2022 - Meeting Minutes

JUNE 6, 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 FOX MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to excuse Council Member Sydney Radich from this evening’s meeting.  The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to excuse Council Member Thomas Hilliard from this evening’s meeting.  The vote: All yes.
Charles Hawk, Mayor
Dale Fox, Council Member                           David Godwin, Council Member
Brett Long, 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 May 16, 2022 Council meeting minutes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER SCHWAB and motion carried to approve the minutes as presented.  The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER SCHWAB and motion carried to accept the bills in the amount of $595,970.01.  The vote: All yes.  Council Member Godwin commented that part of the reason it was so high was the AMP power bill and the Clerk stated that the OWDA loan payment was also paid this time.
David Carter, Police Chief Taylor, and Fire Chief Colucy were also in attendance.
There were no guests.
CONSIDERATION OF ORDINANCES:  Titles of each read by Solicitor John Anthony. 
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.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to table the above ordinance.  The vote: All yes.
ORDINANCE 34-2022: An Ordinance Amending Ordinance 07-2012, 76-2017, and 02-2022 establishing the Village Fire Department Fee Schedule for Charged Services was given third reading.  Council Member Schwab asked Chief Colucy if he was satisfied with this ordinance and the Chief said yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to approve the legislation as presented.  The vote: All yes.
SECOND READING: A Resolution Creating Rules and Regulations for the Village Community Room and Kitchen Annex.
SECOND READING: 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 on third reading.  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.
SECOND READING: 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 on third reading.
SECOND READING: An Ordinance Amending the Zoning Map.
A. POLICE DEPARTMENT: Chief Nathan Taylor
  1. Calls: May total=513, June to date calls=98
  2. Officers: One Officer out on injury, another Officer got hurt at home and will be out for   about a week, and one Officer just returned from sick leave
  3. Department: Festival went well, no arrests on the festival grounds.  Chief Taylor and Chief Colucy will be getting together to go over some recommendations for next year.
        Officers King and Poindexter received Letters of Commendation for using sound judgement and professionalism for their actions when a weapon was pointed at them during an incident.  The Chief feels that their experience and training allowed them to react in a way that kept everyone safe and unharmed during the incident.
  1. Vehicles: Car#3 had to have a water pump replaced, it is back in service, and the work was under warranty.
B. FIRE DEPARTMENT:  Chief Chris Colucy
1.    Calls: May total=69, Year to date calls=379
  1. Festival: There were no issues at the festival.  Would like a couple of changes with the road blockages.
  2. Squad #155 is running rough, so we are using it as #2 out until the new squad comes in.
  3. Chief would like the training for the ladder truck approved so he can get it scheduled.
  4. Chief explained that the flashlights are too heavy on the helmets and would like to order lights that would be attached to their turnout gear.  The weight often causes strain to the firemen’s head and necks.
  1. Everstream wants to place fiber on our power poles in the right-of-way.  They filled out an application but there was information missing.  We sent back the application several months ago and they have finally returned it completed.  There are still some insurance questions that need to be answered before a permit will be issued.  We have 60-days to reply to their application, but Solicitor Anthony plans to have everything wrapped up by the next meeting.
  2. Solicitor Anthony will be asking for an executive session towards the end of the meeting.
  3. There was a discussion concerning mutual aid with Beach City sewer department.  ORC permits this.  It is in the doctrine and is sort of a loan servant arrangement.  Liability will remain with the municipality that the employees are loaned to.  There are possible conflicts with who does what when.  Immunities remain intact.  Most mutual aid agreements are for emergency only, but this agreement is permissible.   VA Miller went on to state that he was approached by Beach City and asked if the Village would be willing to assign our license wastewater employees 20 hours per week to their facility.  This is a possibility.  There are several questions that need to be answered.  One is whether our employees are at risk of losing their license for something that happens in Beach City if they signed off on it.   The relationship must be beneficial or at least neutral and not putting our employees at risk.  It is indeterminate currently.
  4. There was a discussion on the different departments charging each other for their products.  ORC 743.27 states that municipal products can be furnished free of charge.
  5. One of the two easements needed has been signed and ready to be filed.
  1. VA Miller received an email about mowing in between the trees on Village property on Scioto Street.  VA Miller stated that the property line is unknown, and a survey would cost over $5,000 to complete.  Council can let him know if they wish to have this to done.
Council received the Village Administrator’s report last week to review.  Administrator’s report for period: 05/17/2022 thru 06/06/2022
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER SCHWAB 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. This was where he was going to discuss the mutual aid agreement with Beach City, but it has already been discussed under the Solicitor’s portion.
  2. VA Miller would like Council’s direction on decorative lighting on East Main Street.
  3. Solar Power Purchase Agreement:  See in the report below.
  4. Sidewalk between Dartmouth and Amherst: Clerk suggested the only fund able to afford this currently is Capital Projects Fund.
Council Member Schwab asked about the dairy’s co-generation program.  VA Miller stated the dairy is replacing their boilers.  They want to use the heat from the boilers to generate power.  We need to make sure the dairy is going through with this because this can affect our future rates.  This will help keep our rates low.
Council Member Schwab asked what happened with the rezoning for wineries in the Village.  VA Miller stated when the person proposing it stopped answering phone calls, it became a dead issue.  The area is being looked at for a housing development now.  Councilman Schwab would like to see it added to the zoning rules so we don’t have to start from scratch if someone new wants to pursue a winery or other such facility in the Village.  VA Miller suggested it as an additional use in B2.
Administrator’s report for period 5/17/2022 thru 6/6/2022:
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, 2022May 18, 2022 April 26, 2022 first advertisement (depends on when Stark County Building Department completes their review. Could be pushed back)
  • June 10, 2022May 25, 2022 May 3, 2022 second advertisement (depends on when Stark County Building Department completes their review. Could be pushed back)
  • June 28, 2022June 8, 2022 May 17, 2022 open bids (depends on when Stark County Building Department completes their review. Could be pushed back)
  • July 1, 2022June 15, 2022 May 24, 2022 recommendation to Council (depends on when Stark County Building Department completes their review. Could be pushed back)
  • June 20, 2022 June 6, 2022 third reading ordinance awarding contract
  • July 5, 2022June 20, 2022 June 6, 2022 award contract? (depends on when Stark County Building Department completes their review. Could be pushed back)
Webinar on Electric Vehicle Charging Stations for Local Public Agencies. The Ohio Department of Transportation held a Webinar on Electric Vehicle Charging Stations for Local Public Agencies on May 17th at 10:00 am. They informed participants about how they and DriveOhio are developing a statewide electric vehicle (EV) infrastructure plan to ease range anxiety (how far an electric car can be driven before reaching the next charging station), support private sector investment and spur economic development. A lot of information was covered. The prognosis is that grants will be available this coming November. Based on the information, some logical locations for EV charging stations would be Sabo Park, Bimiler Park, and the new parking area at Village Hall.
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, recently the Village 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 – Regional Information Meeting. A conflict arose between theAMP Regional Power Supply Conference in Hudson, Ohio on May 24th with the Safe Routes to Schools Pre-Construction Meeting. Electric Superintendent Ryan Swan attended in my place. Subjects were:
  • Energy Markets, Capacity, and Transmission Update - The current state of the natural gas, energy, and capacity markets and key trends influencing the future.
  • Power Resource Update - An overview of current and future power supply resource options.
  • AMP Services - An overview and update on AMP services and initiatives
Presentation materials were forwarded to Council. There will be a virtual presentation of the same information scheduled in the near future, which I will notify Council about when I get the information.
AMP – Solar Power Purchase Agreement (PPA) One of the topics at the AMP Regional Power Supply Conference was a Solar Power Purchase Agreement (PPA). 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 very attractive. In looking at our current portfolio though it wouldn’t 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.
At the AMP - Northeastern OH & Northwestern PA Members - Regional Power Supply Conference the Solar PPA was updated. I was able to talk to AMP today and confirmed that the $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.
I have since spoken with Courtney and Associates. What we were told is that even if Council passes the proposed ordinance, Brewster can still reduce the amount of MWs we purchase OR withdraw entirely, so that would be a no-lose proposition in my opinion. However, a major concern of Courtney and Associates and myself is what AMP is saying (we can opt-out and/or reduce our request for MWh) is at odds with what the ordinance and/or contract state. That discrepancy will have to be addressed before I present an ordinance to Council for it to adopt.
Courtney and Associates did however confirm 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 isn’t 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.
I will be following up with Courtney and Associates and AMP, but I wanted Council to be thinking about this because the ordinance would have to be passed by July 1st, 2022.
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. As I have informed Council, the Safe Routes to Schools Project has been awarded and construction is to begin soon. A Pre-Construction Meeting was scheduled for May 24th at 10:00 am at ODOT District 4 offices, which I attended with Fairless Schools Superintendent Broc Bidlack.
While it would be nice to just step back and let ODOT manage the project, that is not the case. In addition to attending the Pre-Construction Meeting with Fairless Superintendent Broc Bidlack, ODOT is expecting to still have the Village 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. Consequently, I asked Thrasher to provide a proposal to complete those tasks. They have responded (see attached) with an agreement at hourly rates. There is no “not to exceed” in this proposal, as based on experience that would be impossible to determine so if there was a not to exceed it would be inflated. As time is of the essence so Thrasher can complete clearing the utility conflicts and to attend the Pre-Construction Meeting, I signed it on behalf of the Village after the Law Director reviewed it and approved it as to form.
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 June 1, 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.
  • Is awaiting McKinley to dry out and good weather so they can base and pave McKinley.
As McKinley had to be reconstructed from 4th Street to 5th Street, INCLUDING INTERSECTIONS, it hasrequired shutting down not only McKinley between 4th Street and 5th Street, INCLUDING THE INTERSECTIONS. THIS MEANS NO THROUGH TRAFFIC AT THOSE INTESECTIONS until the rebuild/paving is complete. As indicated at the outset, with weather cooperating, hopefully the closure will last no longer than two (2) weeks.
Zoning Board of Appeals Meeting – May 19th, 2022. A meeting of the Brewster Zoning Board of Appeals was held on Thursday May 19, 2022 at 7:00 pm in Council Chambers at Brewster Village Hall at 302 South Wabash Avenue.
The first application was for a variance(s) being requested for parcel 7001582, lot number 1849, which concurrently faces Walhanding, Barber, and Mohican. The parcel is zoned R-3 and is owned by Eric and Catherine Hardman. The request for variances is from the front yard height requirement on Barber (front yard) from two and one-half feet in height to six feet AND on Mohican from two and one-half feet in height to six feet as well as setbacks was granted.
The second request for a variance(s) was for parcel 7001458, located at 549/551 Mohican Ave NE. The application was filed by the owners Bryan & Jeanette Treisch. The request was for a variance from the R-3 Zoning minimum eight (8) foot side yard setback to four (4) feet from the south property line for a storage shed, which was in approximately the same location as two (2) sheds removed a couple of years ago. The variance was granted.
The third request was for an additional sign for Parcel 7000735, located at 210 Wabash Ave S. The application was filed by LetterGraphics on behalf of the owner Consumers National Bank. The B-2 Zoning, in which parcel 7000735 is located. The requested variances were for:
  • a variance for one (1) additional two (2) sided sign, and
  • a variance from any applicable setbacks, and
  • a variance from Codified Ordinance 153.216 (B)(5) which requires 10 feet from ground to bottom of sign. They are asking for a 52-inch variance from the height requirement, and
  • a variance for square footage, as Village Ordinance allows a maximum of twenty (20) square feet. They are asking for an exception for an additional 4.5 square feet, and
  • a “changeable message center” per codified ordinance 153.221(A)(21) is not permitted in the B-2 Zone nor permitted for a bank. A variance is requested to permit a “changeable message center” sign.
The variances were granted.
The fourth application was for a variance for parcels 7001116, 7001117, 7000247, 7000248, 7001180, 7000502, and 7001294 which front Wabash Ave S and 7th Street SE. The application was filed by Brewster Cheese. The zoning of the lots/parcels is I-1. The setback in an I-1 pursuant to Codified Ordinance 153.178 is “Minimum Front Yard Depth – One Hundred (100) feet”. The request for variance was/is to permit a building expansion project with a 25 ft front yard setback on both 7th Street SE and Wabash Ave S and a 50-foot setback from Cleveland Ave SE. The variances were granted.
Proposed New Subdivision. The Village has had PRELIMINARY discussions with representatives of the owners of the old Gun Club about subdividing the property. A meeting is scheduled for the week of May 16th. 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.
I have contacted our OPWC representative (Jennifer Kline) on the Water Filter Media Rehabilitation and Replacement Project CS06Y/CS07Y requesting an extension to complete the project. I filled her in on the history and current statis of the project. I informed her that the Village put the Project out to bid initially with a September 15, 2021 bid opening. The estimate for that initial bid was $288,700 with a completion date of April 29, 2022. We received NO bids. I informed her that the Village then regrouped with our engineer, who did some research as to what in the market was affecting the estimate/price, did some revision to the bid form, and revised the estimate UP to $365,800 with a new completion date of June 30, 2022. The second bid opening was October 29, 2021. The low bidder was $381,792, which was within 10% of the Engineer’s Estimate. Council awarded a contract to the low bidder in that amount on November 1, 2021. I indicated to her that at that point we believed the Village’s only issue was the cost of the Project increasing by nearly $100,000 due to the volatility of supply chains and therefore volatility of costs was addressed, and we would have the Project completed before June 30, 2022. I stated that since then the increased costs have taken a back seat to availability of materials on this Project, as materials have not been available in a timely fashion. Therefore, I requested that Brewster’s Water Filter Media Rehabilitation and Replacement Project CS06Y/CS07Y be given an extension in time to complete beyond June 30, 2022 due to the volatility in the supply chain and its contractor’s ability to obtain materials in a timely fashion.
She responded, and our schedule has been extended for CS06Y/CS07Y, with a new end date of 10/31/2022.
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 after school is out.
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.
Efficiency Smart – Rebate for Decorative Lighting on Wabash. The energy-saving improvements the Village of Brewster incorporated into the decorative lighting on Wabash north of the underpass resulted in the Village receiving a “rebate” check in the amount of $175.00.
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.
Mosquito Spraying – Stark County Health Department. The Stark County Health Department has sent the Village a proposed contract for mosquito spraying for 2022. The proposal from the Stark County Health Department is to do six (6) sprayings this summer, between the months of June and October, weather permitting. The cost will be $731 per spraying (2021 was $714.00 per spraying). The total will be $4,386 (2021 was $4,284) if none of the sprayings are cancelled due to weather conditions. They will also be taking care of placing notices in advance of each spraying.
I will be proceeding with entering into this agreement unless there is an objection.
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.
  1. East Main Street Drainage. Project has begun and will continue as weather permits.
  2. Dartmouth/Amherst relief line. Easement has been signed. Will need to be recorded. Work to start when it can be scheduled.
  3. East end of 1st Street SE. Will have to coordinate with US Army Corps of Engineers.
  4. Open ditch east of Mohican. We are consulting with Stark County Soil & Water.
  5. Drainage from Harmon west of 264 Harmon. Survey needs to be completed.
  6. 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.
  1. Next Council meeting Tuesday June 21st.
  2. Congratulate the Fire Department on a successful festival. 
  3. Attending the Association of Mayors’ Conference next week.
  4. Council Member Schwab reminded Mayor Hawk that the SRO MOU needs to be written and the readings need to be started for the 2022-2023 school year.  The discussion the turned to the possibility of having a third SRO in the schools.  That way there would be an Officer in every building.
  1. I am requesting Council to review and sign the check register for this set of bills.
  2. The Auditors came today to wind down the audit.  They told us not to put anything away yet.
  3. The dump truck and truck cap are being auctioned off on PublicSurplus.com.  The auction ends on May 26th at 3:00 pm.  The dump truck sold but the truck cap received no bids.
  4. I spoke with our new representative at Sedgwick, our worker’s comp third party administrator.  He alerted me to a substance use recovery grant from the BWC.  I’m going to look into seeing if it would be beneficial to the village.  It’s for up to $1,500 a year in reimbursements.
  5.  Records Retention meeting: Schedule for June 21st @ 6:30 pm.
  6. I will be in training most of next week.
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.
Mayor Hawk reported that the Old-Fashioned Christmas committee is moving along well for November’s event
  1. From the Fire Chief: Request for purchase of right-angle flashlights to replace helmet lights. ($1,300 - $1,475)
  2. From the Fire Chief: Request for ladder truck training. ($3,354 - $5,642)
  1. None.
OLD or NEW BUSINESS:Council Rules require a two-week waiting period before any expenditure of funds unless determined an emergency.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to approve the purchase of 25 Survivor Alkaline Model Orange Flashlights at a coat of $ 1,475.00 from the Fire Operation Fund.  The vote: All yes.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to create legislation to purchase additional through a Solar Power Purchase Agreement if appropriate as described in the VA’s June 6, 2022 VA report provided to Council.  The vote: All yes.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to create legislation to approve a School Resource Officer Memorandum of Understanding for the 2022-2023 school year.  The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to approve ladder truck training by Pierce for an 8-hour session at a cost of $ 5,642 from the Fire Operations Fund.  The vote: All yes.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to schedule a Records Commission meeting on June 21, 2022 at 6:30 pm.  The vote: All yes.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to schedule Village Fall Cleanup on August 19th on the south side of Brewster and August 22nd on the north side of Brewster by contracting with the most cost-effective Waste Service with a cost breakdown based on a labor pickup cost and a cost per ton at the landfill.  The vote: All yes.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to enter into executive session for the purpose of considering a complaint/investigation of an employee of the Village of Brewster.  The vote: All yes.  The Mayor, Solicitor, VA, Clerk, and Council all exited the room at 8:04 pm.
COUNCIL MEMBER LONG MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to exit executive session at 8:09 pm.  The vote: All yes.  No action was taken.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER SCHWAB and motion carried to adjourn at 8:10 pm.  The vote: All yes.
Respectfully submitted,
Kris King, Clerk-Treasurer
Charles Hawk, Mayor