October 3, 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.

 

The meeting took place in the new Community Room.

 

Charles Hawk, Mayor

David Godwin, Council Member                Tom Hilliard, Council Member

Brett Long, Council Member                       Sydney Radich, Council Member                                              

 

John Anthony, Solicitor                                  Michael L Miller, Village Administrator

Kris King, Clerk-Treasurer

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to excuse Council Member Schwab.  The vote: All yes. 

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to excuse Council Member Fox.  The vote: All yes. 

 

Mayor Chuck Hawk asked if there were any additions or deletions to the September 19, 2022 Council meeting minutes.

 

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

 

COUNCIL MEMBER LONG MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to accept the bills in the amount of $112,804.16.  The vote:  All yes.

 

Ray Heitger and Fire Chief Chris Colucy

 

There were no guests.

 

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

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.

 

Second Reading:  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. 

Second Reading: A resolution amending the Stark County Sewer Agreement. 

Second Reading/Emergency Resolution: Resolution of Intent for the Water Filter Media Replacement Project. There were not enough members of Council to pass legislation under emergency.

 

 

MUNICIPAL DEPARTMENT REPORTS:  

Chief Taylor was handling the traffic control on St Rt 93 as the dairy removes tanks from their plant.

 1. There were 77 calls in September.

 

COMMUNICATIONS: 

VILLAGE ADMINISTRATOR: Mike Miller

Council received the Village Administrator’s report last week to review.  Administrator’s report for period 9/20/2022 thru 10/03/2022:

 

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

 

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

• AMP – The Electric Department won three awards.  The System Improvement Award, The Safety Award, and Kyle Wade won the Hard Hat Award.
• Solar Field – We are working on the road.  Myron Miller is concerned about the property line.  GPD is coming in to relocate the stakes.  They were run over by the mower.  The new stakes will be permanent.
• Filter Media Project – Tank #3 is the worst of the 4 tanks.  We are looking at what needs to be repaired before we can refill the tank.  We discovered that we do not need the screen and the metalworks that are required for it.  We are hoping the savings from not putting screens in #3 and #4 will compensate for the extra costs for the pitting repair on tank #3.

 

Council Member Godwin asked if the Sugar Creek clearing was going to be completed this year.  VA Miller stated he has contracted with Haymaker Tree Service, and they will be starting soon.  They will be using the wood chips to create a walking path.  There will also be a gate put up to prevent vehicles from driving down too far.  There will be parking along St Rt 93.  It will be available during daylight hours.  There have been concerns about fires at night, turtle snaring, beer cans and other trash and illegal activities.  We want to make this a place that families can take their kids to fish and enjoy the outdoors.

 

Council Member Hilliard is concerned about change orders on the Filter Media Project.  VA Miller stated that there have been no change orders on this project.  We are trying to offset some of the additional pitting.  The discussion turned to removing the tank and replacing it.  The only way to take that tank out would be with a crane through the roof.  It would be more cost effective to put a new tank in and just leave tank #3 where it sits.

 

Council Member Hilliard asked if our linemen have ever requested to go on mutual aid.  Council Member Godwin reported that 6 AMP member communities have responded.  VA Miller stated that a lot of what they need is equipment such as poles and transformers.  It is hard for a community our size to be able to help with this because we don’t have as much in stock and the current restock time can be up to two years.

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 7^th, 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 19^th Council Meeting so the application will be up for consideration in October.

 

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, and we are awaiting water samples sent for testing before it is placed back in service.

 

Tank #3 will be taken out of service to empty, replace internals, and to refill and place back in service before we can wrap the project up.

 

OPWC - Brewster Water Transmission Main Replacement Project. The Village’s OPWC application on Monday September 12^th 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 continues to be reviewed for a rebid later this year for a 2023 start.I will keep Council informed.

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. I will get the contractor started as soon as possible.

AMPT Second Transmission Line. On Friday August 19^thAMPT 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.

AMPT – Amendment (Extension) of Date in Purchase Agreement. The Ordinance Council adopted amending our agreement with AMPT to sell Brewster’s Transmission that extends the date for the ability on Brewster’s part to buy back the transmission line should a second transmission feed not be established from December 31, 2024 to December 31, 2026 has been forwarded to AMPT.

 

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 Anthony, 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.

 

 

Electric Department – Potential Battery Storage Project. The Village staff (the Mayor, Electric Superintendent Ryan Swan, LinemanMike Radich, and I) together with Dwight Niederkofler met with representatives of Convergent Energy on Thursday September 29^th 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 assets, 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 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 will include (but ultimately may not be limited to) the following tasks/revisions to the plans and contract documents to re-bid the Electric Building:

• Ensure “or equal” language is included and clear throughout the specifications and plans so the contractor is aware of the option to submit alternative items of material for approval.
• Indicate items/materials that the village will procure in advance and the contractor will only be responsible for installation (overhead doors, wiring, etc.).
• Allow contractor to extend completion date if contractor can show a hardship in obtaining an item/material. Set limitation on timeframe for contractor to complete item of work once the item/material is procured.
• Allow an alternate pole building structure.
• Change interior door specifications from metal to wood doors and eliminate closers on doors.
• Change window specification from aluminum to vinyl.
• Change siding specification from standing seam to metal panel.
• Change railing specification from prefabricated metal to wooden.
• Indicate parking area to be performed by village. Contractor will still perform work for reinforced concrete apron and ADA compliant parking space.
• Indicate water service to be performed by village to close proximity of building where the contractor can tie into service.
• Re-evaluate/reduce size of waterline entering the building. Limits of contractor’s work and village work clearly defined on plan.
• Indicate sanitary sewer to be performed by the village to close proximity of building where contractor can tie into sewer. Grease trap will be installed by contractor and limits of contractor’s work and village work clearly defined on plan.
• Include plumbing plan/schematic. Investigate plastic/cross linked polyethylene (PEX) type materials instead of copper.
• Change electrical plan from 3-phase to single phase. This will require changing from one large air conditioning unit to four smaller units (4 ton or less). This will also eliminate 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.
• Eliminate standby generator and provide generator plug for future installation of generator instead.
• Eliminate electric cord reels in each bay.

Council has approved the change order for EA, and EA is in the process of revising the specifications. EA has provided updated plans for the HVAC that addresses some of the items that can reduce the cost while maintaining functionality.

Natural Gas Aggregation Program. A price was struck at $0.854/Ccf for the first 24-months of our term starting this October.

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.

 

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 30^th. 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.

 

 

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.

Safe Routes to Schools Project – Middle & Elementary Schools. The Safe Routes to Schools Path is substantially completed. Some checklist items remain. A walk through should be scheduled soon.

 

Finally, 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.

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.

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.

 

Zoning Board of Appeals and Planning Commission. A joint meeting of the Brewster Planning Commission and the Brewster Village Zoning Board of Appeals was held on Thursday September 22^nd, 2022 at 7:00 pm in Council Chambers at Brewster Village Hall at 302 South Wabash Avenue.

The Zoning Board of Appeals considered a request for a variance(s) being requested for parcel 7001763, located at 148 1^st Street SE. The property is zoned R-3 and is owned by George M Wiles. The variance(s) are to allowing a garage to be built outside the required setbacks and for maximum lot coverage and minimum open space requirements. The variance(s) were from Brewster Codified Ordinance § 153.083 YARD REQUIREMENTS which provides in relevant part

“Minimum rear yard depth 30 feet” and “Minimum side yard width 8 feet” in an R-3 District. The applicant is asking for the structure to be zero feet from the side lot line, with authorization of the property owner on that side. The applicant is also asking for a variance from the 30-foot rear setback to allow the garage to be approximately 5 feet from the rear property line.

In addition, the variance(s) were considered from Brewster Codified Ordinance § 153.082 LOT REQUIREMENTS, which provides in relevant part

“(D) Minimum usable open space. At least 30% of the actual lot area shall be devoted to useable open space” and “(E) Maximum lot coverage. Twenty-five percent.” Currently the lot has approximately 31% lot coverage, and with the addition it would increase to over 37 % lot coverage.

The variances were granted.

 

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:

 

 

 

 

(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.

(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.

 

Council Member Godwin received phone calls asking what all the sirens were over the weekend.  The Mayor stated he would ask the Police Chief.

 

COMMITTEES or COUNCIL REPORTS: The Goal of any committee meeting is to discuss an issue or proposal and to provide, by a consensus of the committee members, ONE recommendation to Council.

 

 

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

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to fund $1,500 to the Christmas in the Village through the General Fund.  The vote: All yes.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to approve a retainage agreement with Jonathan Downes to review employee policies and procedures at a cost not to exceed $3,000 from the General Fund.  The vote: All yes.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to approve the Mayor’s recommendation to appoint Cody Owens as a part time EMT and fill shifts.   The vote: All yes.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to schedule a Council of the Whole meeting to discuss employee compensation on October 17^th at 6:30 PM.  The vote: All yes.

 

COUNCIL MEMBER HILLIARD moved, SECONDED BY COUNCIL MEMBER RADICH and motion carried to renew the liability insurance with Wichert Insurance at a cost of $65,700.  The vote: All yes.

 

COUNCIL MEMBER LONG MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to schedule a Buildings, Parks, and Grounds Committee on November 7^th at 6:30 PM.  The vote: All yes.

 

VA Miller spoke about maintenance on the substation.  He has the authority to approve an agreement but would like Council to know about and give him their blessing.  The Village portion is $40,650 and AMP will pay their portion.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to contract with USI for maintenance on the substation in the amount of $40,650.  The vote: All yes.

  

 

COUNCIL MEMBER RADICH MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to adjourn at 7:51 pm.  The vote: All yes.

 

Respectfully submitted,

 

____________________________________________________

Kris King, Clerk-Treasurer

 

____________________________________________________

Charles Hawk, Mayor