December 5, 2022 - Council Meeting

December 5, 2022
7:00 P.M.
Brewster Village Council met in regular session with Mayor Chuck Hawk presiding.
The meeting took place in the Brewster Community Room.
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                           David Godwin, Council Member               
Tom Hilliard, Council Member                       Brett Long, Council Member                      
Sydney Radich, Council Member                  Mike Schwab, Council Member                 
John Anthony, Solicitor                                  Michael L Miller, Village Administrator
Kris King, Clerk-Treasurer
Mayor Chuck Hawk asked if there were any additions or deletions to the November 21, 2022 Council meeting minutes. There were no additions or changes.
COUNCIL MEMBER FOXMOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to approve the minutes as presented.  The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to accept the bills in the amount of $ 143,239.62.  The vote:  All yes.
Ray Heitger, John & Donna Lamb, Dean Shoup, Floyd Hershey, Sandra Shilling, Priscilla Cunningham, Tim Martin, Tia Borck, Stefanie Shilling, Jerry Weaver, Fireman Larry Gilkerson, Acting Captain Roger Carpenter, Acting Asst. Chief Scott Borojevich, Chief Nathan Taylor, Police Officer Aaron Keener, and Fire Chief Chris Colucy.
Tia Borck, 137 Barber St., Brewster, came to get some answers concerning the staffing of the Fire Department.  She stated she called for a possible heart attack victim and then 30 minutes later Wilmot answered the call.  She asked if someone was scheduled at that time.  Chief Colucy stated that no one was on station because the person scheduled was held over at their fulltime job.  Mrs. Borck asked if they found someone to bring Santa downtown that evening.  The Chief stated he was out of town and was not involved in that.  Mrs. Borck asked how many shifts a month were missed.  The Chief stated it varies.  He stated that all the part-timers have full-time jobs.  Mrs. Borck stated she doesn’t care for excuses.  She stated Wilmot is covering our calls and maybe we should contract with them and give them our tax dollars.  Chief Colucy stated they are not covering all our calls.  Wilmot has had 138 calls compared to Brewster’s 866 calls.  Mrs. Borck stated that she does the scheduling at the hospital and some of her employees are part-time but she is able to make sure shifts are covered.  She stated her tax dollars are paying for the new building and residents income tax dollars should be refunded for times when there is no one staffing the station.  Chief Colucy stated that the department has 21 members but only 8 are active and out of them, 2 are out on leave.  He stated that he is not happy when the department turns over calls.  The department never expected to go from 500 calls to 1,000 calls per year overnight.  Mrs. Borck asked what the plan was to fix the problem.  Chief Colucy stated they are looking into a SAFER Grant which would hire 4 full-time Paramedics.  He stated that that may not solve the issue because no one wants to arrive on scene by themselves.  The building was built because there was no more room with the vehicles getting bigger and there weren’t proper facilities to work long shifts.  The Chief stated they are trying to get more people.  He also stated that the 5 other firemen were not available when Mrs. Borck’s call came in.  The Chief also stated that Santa was brought to town two hours after the call, not at the same time.  Mrs. Borck stated this situation needs to be taken care of.
Tim Martin of 5760 Manchester Ave, North Lawrence asked why no one wanted a job on the Fire Department.  Chief Colucy stated no one wants to through all that training when you can get a job at Arby’s for $15.00/hour.
John Lamb, 1337 Massillon Rd, Massillon, attended to comment on the no parking sign in front of the Gathering Place.  He wanted to know why after 50 years; the Village has decided to put a no parking sign directly in front of the main entrance to the church.  He said it wasn’t fair.  It isn’t any more of a hazard than pulling out of any other street.  Him and his buddy drove around and doesn’t see where it’s a hazard and want to see it taken down. 
Dean Shoup, 1000 US Rt 62, Dundee, stated he would like to make an observation.  All the intersections are the same.  This has become a mountain instead of a mole hill.  If the person complaining would have just observed biblical principles and the came to the church, it would have been handled.
Bill Smith, Stark County Commissioner, was recognized by the Mayor.  Commissioner Smith came to town for a visit to see if there were any questions the Village had for him.  He stated he is getting back out after COVID and plans to visit about 35 entities around Stark County.
Priscilla Cunningham, 404 3rd Ave., Beach City, would like to see the sign removed. The alley beside the laundromat has much less space and there are no restrictions.  If people would just pull up to the crosswalk.  She stated that you could park two wide and still not be in the driving lane.  She feels targeted.  Over half the people of the church have placards.  It appears that the only people having accidents are the Police Department.  They have hit 2 deer.  She stated 40 feet is fine, but 78 feet is too far.
Floyd Hershey, 13646 Navarre Rd, Beach City, stated the Police Department are the only ones having problems and recommends they go to driving school. 
Tim Martin of 5760 Manchester Ave, North Lawrence spoke again stating that coming onto Wabash you can nose your car out and see 100 yards.
Sandra Shilling, 424 Grosswood Ave, Massillon, stated she attends the church and feels they are being targeted.  There are so many other dangerous intersections.  Coming out by the Police Department, how is theirs more dangerous.
There were no guests.
CONSIDERATION OF ORDINANCES:  Titles of each read by Solicitor John Anthony. 
ORDINANCE 58-2022:An Ordinance Amending Chapter 78 Parking Schedules Schedule 1. Restricted Parking Of The Village’s Codified Ordinances To Add No Parking On The West Side Of Wabash North From North Side Of The Right-Of-Way Line Of 5th Street Southwest North Approximately 78 Feet.
Council Member Radich was asked to leave the Council Chambers because she lives on 5th St.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX to bring the legislation forward for passage.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to change the 78 feet to 40 feet.  Council Member Schwab stated that life is a compromise, and he thinks we should compromise.  Council Member Hilliard asked where the original sign was located.  Council Member Schwab stated at about 40 feet.  Council Member Godwin asked if the 40 feet was from the curb or the intersection.  Council Member Schwab stated the intersection.  Council Member Hilliard stated he was up there this week and stated you have to get out a little ways.  He doesn’t see a problem as long as you use caution, driving 101.  He doesn’t see a problem as long as you use caution.  He stated there are more accidents in front of Bellonis.  Council Member Hilliard stated he is embarrassed that these people had to come to these meetings.  Council Member Fox asked the Chief of Police his opinion.  Chief Taylor stated that Council was making the decision and it is all on them.  In his opinion, it is still an issue. The vote: Fox, yes; Godwin, no; Hilliard, yes; Long, yes; Schwab, yes.  Motion carries to approve the amendment.
The vote on the legislation as amended: All yes.
ORDINANCE 59-2022: An Ordinance Awarding a Contract for 2023 was given third reading.
COUNCIL MEMBER LONG MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carries to approve the legislation as presented.  The vote: All yes.
ORDINANCE 60-2022: An Ordinance Authorizing The Amendment And Adoption Of An Employee Ohio EPA Certification Incentives Policy And The Addition Of The Policy As Defined To The Village Employee Handbook was given third reading.
COUNCIL MEMBER LONG MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carries to approve the legislation as presented.  The vote: All yes.
ORDINANCE 61-2022:An Ordinance Authorizing The Amendment And Adoption Of An Employee Job Assignment Compensation Policy And The Addition Of The Policy As Defined To The Village Employee Handbook was given third reading.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER SCHWAB and motion carries to approve the legislation as presented.  The vote: All yes.
ORDINANCE 62-2022:An Ordinance Authorizing An Amendments to the Employee Handbook Policy 3.19 And The Addition Of That Policy As Modified To The Village Employee Handbook was given third reading.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carries to approve the legislation as presented.  The vote: All yes.
ORDINANCE 63-2022:An Ordinance Authorizing The Adoption Of An Employee Fire & EMS Certification Incentives 3.18F And The Addition Of The Policy As Defined To The Village Employee Handbook.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carries to approve the legislation as presented.  The vote: All yes.
SECOND READING:  An Ordinance Vacating a Portion of Lake Erie Place (an 18-foot-wide alley) running east 140 feet from the east side of the right-of-way of Wabash Avenue south to another alley, Burlington Court.
SECOND READING: A Resolution of Temporary Appropriations for 2023 and declaring an emergency.
SECOND READING: A Resolution Authorizing the Amendment and Appropriation of Additional Funds for the 2022 and declaring an emergency.
SECOND READING: An Ordinance of Supplemental Appropriations and Amending Ordinance #16-2022 and Ordinance #44-2022 relating to Appropriations Providing for the Transfer of Funds Within Said Funds for the Fiscal Year Ending December 31, 2022 and declaring an emergency.
FIRST READING: An Ordinance Authorizing the Village Administrator to Prepare Specifications and Advertise for Bids for the 2023 Paving Program. (At third reading).
FIRST READING: A Resolution Granting Falcon Baseball and Softball Priority for Use of Village of Brewster Baseball and Softball Fields For 2023.
FIRST READING: A Resolution Granting Falcon Soccer Club Priority for Use of The Village of Brewster’s Park System from August 1, 2023 – October 31, 2023.
FIRST READING: An Ordinance Approving an Agreement with The City of Massillon Law Department to Provide Prosecution Services in Massillon Municipal Court and Other Related Legal Services from January 1, 2023 Through December 31, 2023.

FIRST READING: A Resolution Expressing the Intent Of Brewster Village Council To Sell Unneeded, Obsolete, Or Unfit Municipal Property On The Internet For 2023.

FIRST READING:  An Ordinance Amending Employee Handbook Policy 5.13P Uniform Allowance – Police.
FIRST READING:  An Ordinance Authorizing Advertising for a Battery Storage Project for Brewster Electric Utility.

RESOLUTION 64-2022: A Resolution for The Village of Brewster’s Support and Participation In The Stark County Multi-Jurisdictional Hazard Mitigation Plan And Declaring An Emergency.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to suspend the rules requiring three separate readings and bring the legislation forward for passage.  The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to approve the legislation as presented.  The vote: All yes.
  1. POLICE DEPARTMENT: Chief Nathan Taylor
  2. Calls in November = 501; Calls in December = 83.
  3. Still waiting on insurance for the cruisers.
B. FIRE DEPARTMENT:  Chief Chris Colucy
1.  YTD calls = 866; November calls = 80.
  1. The new squad will be in in February or March.
  2. There is still $90 million in EMG grants.  Hopefully the Village will get the pumper grant.  The match would be $25-$50K plus the radio.
  3. Council Member Hilliard stated he has nothing but respect for the department and talked about his experiences.   He had someone on 7th Street call him and praise the Fire Department.  He stated we need action to get the shifts covered.  Advertise and get programs started in the school.  Chief Colucy stated they do programs at the school and the kids just play on their phones and talk to each other.  Council Member Hilliard stated we need more than talk.  He knows they are trying the best they can, and he really appreciates them.  He feels bad about Tia’s call.  He suggested having pizza parties and gift cards to get people interested.  Chief Colucy stated they tried an explorer program, but it didn’t work.  VA Miller stated the money is there for a full-time coverage using part time paramedics with one person on duty.  This costs approximately $192,000. 
  1. Solicitor Anthony received an email concerning a new administrator for the National Opioid Settlement.  He is turning it over to Clerk-Treasurer King.  This person is available for day-day questions.
  2. Solicitor Anthony thanked Council and the Mayor for his appointment for another year.  He is happy to do it.  The Mayor thanked him for all he does for the Village.
  1. Clerk-Treasurer King received a request for a donation for the Fairless Mothers’ Day 5K.
Council received the Village Administrator’s report last week to review.  Administrator’s report for period 11/20/2022 thru 12/05/2022:
COUNCIL MEMBER LONG 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 meeting.  The vote: All yes.
VA Miller addressed the following items that have occurred since the email went out: 
  • There will need to be a public hearing at third reading of the alley vacation as long as all the paperwork is signed.  Otherwise, it will need to be advertised in the paper six times.
  • Council Member Hilliard asked about the poles on Park Drive.  VA Miller stated the poles are going on the same side as the path.  The path will be behind the poles.  The goal is to open bids for the project on January 17th.  Council Member Hilliard also asked if the Christmas lights are fixed.  VA Miller stated that some of them have been.
Administrator’s report for period 11/22/2022 through 12/5/2022:
OPWC Tuscarawas/Locustdale/Pinewood Water Line Replacement Project.Dirt Dawg Excavating has begun mobilization for the project. Saw cutting has occurred. Materials and equipment are being staged. Obviously both the work and schedule will be weather dependent at this time of year. The OPWC Project sign has been the southwest corner of Wabash and Locustdale.
OPWC Park Drive Phase 1. In July of this year, immediately after we received our grant from OPWC for the Park Drive Phase 1 Project and were able to bid we put the project out to bid. The project had a bid opening date of August 1, 2022. No bids were received. We are not sure whether the no bid was a timing issue (like East Main) where it was bid too late in the year, or the estimate, or both. At that time, I informed Council that the project would be reviewed for a rebid later this year for a 2023 start.
We are completing the review. We will be slightly revising the specifications to avoid a power pole that has other providers attached that may not relocate their facilities in a timely fashion. The Electric Department has installed a new electric pole line and will be rewiring for/on the east side of Park Drive. That will allow for the SRTS Shared Use Path on the east side of Park Drive to be well lit, as well as address revised distribution plans.
We will also be altering the manner in which bidders obtain the bid specifications and plans to make it easier for bidders and encourage more “participation” (bids). We will be ready to put the project out for bidding in the next couple of weeks.
Safe Routes to Schools Project. The contractor for the Safe Routes to Schools Project has completed the final change order to “complete” the Safe Routes to Schools path. The project is a big accomplishment, as the Middle School and Elementary School now have a safe connection for walking – students (and adults) can walk (or bike) from one to the other without walking through backyards or along/on the edge line of Route 62.
At this point I will be reaching out to the Fairless School Board, as they voted to reimburse the Village the required $35,000 payment to ODOT upon successful completion of the Safe Routes to Schools Project.
Brewster Water Treatment Facility Filter Rehabilitation and Media Replacement Project (Filter Media Project). The Filter Media Rehabilitation and Media Replacement Project is complete. The final tank, Tank #3, has been filled, the water tested, and put back into service. The next step is to complete the billing process.
OPWC - Brewster Water Transmission Main Replacement Project. As Council is aware the Village’s OPWC application for the Brewster Water Transmission Main Replacement Project was approved for funding by the District 19 OPWC Integrating Committee on Thursday November 17th. The Brewster Water Transmission Main Replacement Project was awarded our full request for a $1,200,000 OPWC Grant and a $300,000 OPWC Loan (zero % for 20 years).
The total projected cost of the Brewster Water Transmission Main Replacement Project is $1,653,917. With a $1,200,000 OPWC Grant and a $300,000 OPWC Loan the project will require an estimated $153,917 in “cash” from Water Fund, of which $72,000 has already been encumbered and spent for the plans. Loan payments will be $15,000 per year. The project replaces 5875 feet of transmission lines and adds 250 feet of new transmission lines. The Project also replaces or adds 27 valves so that there is better ability to isolate and bypass breaks, both within the Water Plant and in the system, as well as replacing 6 hydrants and reinstalling 67 services.
The next step is the slate of projects voted to be funded by the District 19 OPWC Integrating Committee will be forwarded for final approval by the State, after which a contract (and funding) will be released approximately July 1st of 2023.
In the past six (6) years, the Village has been awarded $2,777,433 in OPWC Grants and Loans.
2023 Paving Program. Looking ahead, I have prepared draft legislation for bidding on the 2023 Paving Program.
I would request that it be passed as an emergency at or before its third reading. Prior to Council voting to pass the legislation, I would also request that a Streets, Alleys, Curbs, Storm Sewers, and Sidewalks Committee Meeting be held to go over the projected budget, the proposed streets to be paved, including any alternates or “bubble” streets included based on how good the bid prices are.
There are a couple of limitations that will have to be kept in mind for the 2023 Paving Program:
  • How much funding is available for the 2023 Paving Program is what the low bid is for the Park Drive Phase 1 Project, which is on track to have bids opened in mid-January. The Village’s match comes from the Paving Fund.
  • The Village has a number of streets that might be on the paving list but are slated to have construction on them either because of future water line replacement projects. It would make no sense to pave a street only to a year (or two) later come back and dig up a trench for water line replacement.
Obviously, we can go over everything in greater detail at a future a Streets, Alleys, Curbs, Storm Sewers, and Sidewalks Committee Meeting.
AMPT Second Transmission Line. On Friday August 19thAMPT presented the Brewster supplemental solution at the PJM stakeholder process meeting this afternoon. There were no questions from stakeholders. AMPT (and Brewster) are still waiting for PJM to perform their initial “Do No Harm” review. On Thursday November 10th I participated in an AMPT members meeting, where the status was updated. PJM is still completing their review, which is expected to be complete by mid-December. Once that is completed PJM will provide AMPT (and Brewster) a supplemental project number and then officially post this into AMPT’s Local Plan. In the meantime, AMPT is moving forward with pre-engineering and engineering, with an RFP for detailed engineering design expected to be issued shortly.
Electric Department – Potential Battery Storage Project. Legislation has been prepared to authorize the Village Administrator to prepare specifications for and to advertise for a Battery Storage Project. 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. 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 savings between $5 million and $7 million over 20 years. AMP has reviewed the numbers presented and indicated the “calculations look correct.”
Electric Building. The proposed Electric Building is currently out for bids. Timing the advertisements and bid opening at this time of year – Thanksgiving, Christmas, and New Year’s, is a tricky balance so that the timing works for contractors/bidders, and therefore we get as many competitive bids as possible. So, the schedule that has been set:
  • First advertisement November 23rd
  • Second advertisement November 30th
  • Third advertisement December 7th
  • Bid Opening January 17th at 1:00 pm
The schedule is set up in a way so that we can get the project on everyone’s “radar” and also provide enough time in January for bidders to complete getting firm quotes from subs and get a bid in.
We have also set the deadline for completion as October 31st, 2023. That gives contractors/bidders approximately 8 months from when the contract should be complete based on a January 17th bid opening until construction completion. This also takes into account the well-traveled belief that it will be an especially cold winter, allowing at least 6 months of good weather for construction to complete, starting in May.
Finally, we are highlighting that while there is an October 31st completion date, that IF there is an issue with delivery of materials THAT AFFECTS THE COMPLETION DATE that the Village will consider extending the deadline accordingly (must provide documentation).
The revised estimate is $1,013,000. The original estimate was $767,500. The revised estimate includes 5% “contingency” for each item. The reasoning for that is that we saw we got no serious bids when the estimate was “low-balled.” We get much better response and better more competitive bidding when we are more realistic and slightly higher. This estimate should get us multiple bidders and we should get bides below the estimate, as we just did on the Tuscarawas Water Line Project. As I conveyed at the November 7th Meeting, Courtney and Associates have indicated that the Electric Fund can “afford” the project based on the revised estimate without any changes to the existing rates.
Hillview Mobile Home Park Sanitary Sewer “Project” – CDBG Application. The Village’s CDBG application for the construction of a pump station (as well as a force main, and manhole to connect Hillview Mobile Home Park to the Village of Brewster’s sanitary sewer system) was submitted October 20, 2022 requesting a grant in the amount of $89,410, ahead of the submission deadline of Friday November 4th at noon. We were contacted for some clarifications. We are waiting to see how we score and where we rank.
Hillview WPCLF Loan Application. I have been informed by RCAP that there is a delay in announcing the draft WPCLF list this year, but that it will definitely be out by the end of the year.
Muskingum Watershed Conservancy District – Debris Removal Grant. The Village was successful in obtaining a 90% Debris Removal Grant (DRP) from the Muskingum Watershed Conservancy District. The grant is for $5,220. The Village 10% match ($580) will come from the Tree Fund. The contractor has completed the debris removal, and we have submitted a request for reimbursement.
Natural Gas Aggregation Program. The 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.
The main thing to remember is that residents have the ability to opt out!
Wages – Employee Compensation Committee Recommendations. As set forth in Ordinance 93-2017, the Employee Compensation Committee has researched and reviewed employee compensation and is providing Council with a recommendation prior to September 30th. It is a three (3) year recommendation for 2023 through 2025. Council passed the wage portion/ordinance at its last meeting. The companion pieces of legislation are:
  • a revision of 3.18 OEPA Certification Ordinance, that also makes changes annually, rather than fixed as has been past practice.
  • Fire Department incentives – Employee Handbook Policy 3.18F. The rate structure being proposed for the Fire Department is a radical change from the existing pay structure, which required the new Fire/EMS Certification Employee Handbook Section just for Fire. Still under review is additional Fire Department compensation for officers. We are still discussing whether to continue stipends versus an hourly rate adder, so Officers pay is not yet addressed.
  • A revision of Employee Handbook Policies 3.17 Job Assignment Compensation
  • A revision of 3.19 Miscellaneous Incentives
Storm Drainage Projects. The current list of storm sewer projects in their priority order, with updates on their status:
  1. Corner of Needham & Harriman – catch basin collapse
  2. Dartmouth/Amherst relief line. Easement has been signed. 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.
Vacating a Portion of an Alley – Lake Erie Place. Recently a survey to replat portions of Belloni’s Grocery Store property was completed. Part if the reason it was not pursued is that there is a dedicated unopened alley beneath the newest addition (warehouse). The warehouse was constructed approximately 25 years ago, after Belloni’s purchased the property to the north (parcel 7000583).
In the interest of “economic development” – in essence making potential transfer and continuation of the Belloni building as a grocery store or similar reuse, I have begun the process of having the alley surveyed so that it can be vacated.
So, following the same procedure as the Village did with vacating portions of Virginia Place and Utah Place in 2021:
  • Ohio Revised Code Section 723.05 provides in relevant part:
When, in the opinion of the legislative authority, there is good cause for vacating … a street or alley, or any part thereof, and that such vacation … will not be detrimental to the general interest, it may, by ordinance and without petition therefor, vacate or narrow such street or alley or any part thereof. The original ordinance or a certified copy thereof shall be recorded in the official records of the county recorder.
  • Based on our fact pattern, Ohio Revised Code Section 723.06 requires that a notice be published, stating in relevant part:
Notice of the intention of the legislative authority of a municipal corporation to vacate any street, alley, avenue, or part thereof shall be given as provided in section 723.07 of the Revised Code, except when written consent to such vacation is filed with the legislative authority by the owners of the property abutting the part of the street or alley proposed to be vacated, in which case such notice shall not be required.
  • Ohio Revised Code 723.07 notice requirement states in relevant part:
No street or alley shall be vacated … unless notice …  is given by publishing, in a newspaper of general circulation in such municipal corporation, for six consecutive weeks preceding action …
  • Council will need to set a date for taking action on an ordinance to vacate the alley known as Lake Erie Place, east from Wabash S to another alley known as Burlington Place. It can also be referred to as the alley between parcels 7000583 and 7001506. The date will need to be far enough into the future so that notice can be given by publication in the newspaper six (6) times prior to acting on the ordinance.
  • May I suggest advertising December 12th, December 19th, December 26th, and January 2nd, January 9th, and January 16th, with the public hearing and vote at the January 17th, 2023 Council Meeting.
NOTE: the Solicitor can confirm this, but IF we were to have “written consent to such vacation is filed with the legislative authority by the owners of the property abutting the part of the street or alley proposed to be vacated…” no notice by publication would be required, shortening the process considerably. Council could then pass legislation vacating o portion of Lake Eire Place at the third reading January 2nd without a Public Hearing.
  • While this process which we followed before to vacate an alley/street does not require Planning Commission action, nor does it appear to be a statutory requirement to hold a “Public Hearing.”  I also suggest announcing a “Public Hearing” on January 2nd, 2023, and notifying the abutting owners by mail as we have with petitions for vacation of alleys.
As we did with vacating portions of Virginia Place and Utah Place in 2021, which was also initiated by the Village, I would request waiver of the fees.
AMP Peak Shaving via Community Energy Savings: Smart Thermostat Program.  AMP has renewed its request for its Peak Shaving via Community Energy Savings: Smart Thermostat Program. I have to pass these types of promotions/programs on to Council, even if I believe we should stay as far away from this as possible.
Council can review the “revised” proposal AMP sent for Village controlled thermostats. The proposal still utilizes a distributed energy resource management system (DERMS) to manage enrolled Wi-Fi connected thermostats during summer peak events. New proposal eliminates 2% requirement for customer sign-up, but will still:
When AMP sends notification of a peak alert, AMP Dispatch, via the DERMS platform, schedules the enrolled thermostats to pre-cool and then shut down or cycle during the event timeframe.
  • Max of 15 events per year, although additional emergency events are allowed.
  • Max of 4 hours.
  • Weekends and holidays are only called during emergency events.
  • Thermostats will be grouped and scheduled by transmission zone, Member utility, or all at once.
  • Members can choose to opt out of the event; or members may want to call their own event — in both cases Dispatch staff must be notified.
As I pointed out before, there was recently an event in Colorado where the utility took control of 22,000 thermostats at once. It did not go over very well.
So Not Cool: Energy Company Locks Colorado Residents Out Of Their Smart Thermostats
Ben Blanchet September 2, 2022·1 min read
An energy company in Colorado shut down access to 22,000 customers’ smart thermostats on Tuesday, citing an “energy emergency” as temperatures reportedly reached 90 degrees.
Xcel’s thermostat lockout involved customers who participate in a voluntary program that offers money in exchange for giving up control of their thermostat to save energy, KMGH-TV reported. Xcel gives these customers $100 for signing up to the program and $25 a year thereafter.
This week’s shutdown was the only time in the program’s six-year history that customers couldn’t override their smart thermostats, an Xcel vice president told KMGH-TV.
“Let’s remember that this is something that customers choose to be a part of based on the incentives,” said Emmett Romine, Xcel vice president of customer solutions and innovation. “So, it helps everybody for people to participate in these programs. It is a bit uncomfortable for a short period of time, but it’s very, very helpful.”
The “energy emergency” was based on high temperatures and air conditioner usage that created an outage in Pueblo, Colorado, Romine said.
Participating customers told KMGH-TV that they didn’t see an emergency reason for the shutdown.
“Even if it’s a once-in-a-blue-moon situation, it just doesn’t sit right with us to not be able to control our own thermostat in our house,” said Tony Talarcio.
So now with the potential to remove the 2% “goal” for customers, the potential for peak-shaving for Brewster is even less. Then, if/when the “Village” via the program does take “control” of thermostats, I imagine the reaction will be similar to Colorado. The proposal has the Village paying $80/thermostat enrolled/year and their customers who voluntarily enroll would pay nothing and receive a one-time $55.00 Visa Gift Card as an incentive for their participation.
It still is ultimately Council’s decision. It is still in my opinion an idea that the Village should stay as far away from this as possible.
Stark County Hazard Mitigation Plan Update. The Stark County Hazard Mitigation Plan Update has been approved at the State (OEMA) and Federal (FEMA) levels. The Stark County Hazard Mitigation Plan is required to be updated and adopted every five years. The Stark County Hazard Mitigation Plan Update will expire in September of 2027. The Stark County Hazard Mitigation Plan Update needs to have approval from Stark County Subdivisions, so Brewster needs to pass a resolution, sign it, and return a copy of an official resolution adopting the plan. The request is for a signed resolution to be returned by the end of the calendar year. I have forwarded the sample resolution provided by Stark County’s consultant.
Brewster Property – South Route 93. I am following up based on the Committee Meeting held November 7th.
Efficiency Smart – Trivia Contest. Efficiency Smart is going to run “Trivia Tuesday” on their Facebook page this November. Efficiency Smart had lots of engagement from this contest the past two years, and they are excited to run it again. Each Tuesday in November, they will post a new trivia question on their Facebook page. Those who answer correctly will be entered to win an energy efficiency kit. Efficiency Smart will randomly select one winner each week. For each Trivia Tuesday question answered, they are also going to award an entry into a drawing for a $100 Visa Gift card, so residents can participate each week for more chances to win.
Efficiency Smart – Thermostat Promotion. Efficiency Smart is offering special Black Friday Deals on smart thermostats through their Online Savings store from November 14 through December 1.
Residents can save up to $170 on a smart thermostat during the promotion. This is a good opportunity for electric customers, as some smart thermostat models will be available for free after the additional savings. Efficiency Smart will be sharing details about this promotion on their Facebook and Twitter pages on November 16th.
  1. Employee compensation meeting.
  2. Will be attending SCSC meeting on Thursday 8that 11:30.
  3. Thanks to all the help with An Old-Fashioned Christmas in Brewster.
  1. Month-to-Date and Year-to-Date Reports.
VILLAGE SPEAKS (Communications received by Council Members from Village Residents):
COMMITTEES or COUNCIL REPORTS: The Goal of committee meeting is to discuss an issue or proposal and to provide, by a consensus of the committee members, ONE recommendation to Council.
  1. Tabled at Third Reading: (September 19, 2022) A Resolution authorizing the Village Administrator to prepare and submit an application to the Ohio Public Works Commission State Capital Improvement Program for a Chestnut Widening, Berm, and Paving Project, and to execute contracts as required.
OLD or NEW BUSINESS:Council Rules require a two-week waiting period before any expenditure of funds unless determined an emergency.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to schedule a Finance Committee meeting on January 3rd at 6:30 pm.  The vote: All yes.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to authorize the Village Administrator to notify AMP that the Village is not interested in participating in the smart meter program.  It has potential for disaster.  The vote: All yes.
COUNCIL MEMBER RADICH MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to schedule a Paving Committee meeting on December 19th at 6:30 pm.  The vote: All yes.
Council Member Long suggested that with all the Belloni family has contributed to our community, the boulevard be named the Belloni Family Boulevard.  It was stated that it would just be the green space and not the street name.  Council Member Schwab reminded everyone that it is already named the Veterans Boulevard.  It was a great idea, but we need to look at a different location.
Priscilla Cunningham asked the Fire Chief if they could use community service people that might be interested in joining the department after seeing what’s involved.  The Chief stated the problem is that the person would have to leave the department if a call is dropped.  Council Member Fox suggested having them come on Tuesday nights during the meeting. 
Sandra Shilling asked if the Fire Department had tried advertising in other states.  She offered to pray for the situation.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to adjourn at 8:13 pm.  The vote: All yes.
Respectfully submitted,
Kris King, Clerk-Treasurer
Charles Hawk, Mayor