July 5, 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 in order to social distance due to the Utility Office being closed with one employee with COVID and the other employee’s spouse having COVID.

 

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 June 21, 2022 Council meeting minutes.

 

COUNCIL MEMBER FOX MOVED, 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 $260,637.82.  The vote: All yes. 

 

Ray Heitger, 317 E. 7^th St. announced the band Tequila Mary was providing a free concert at Brewster Parke Nursing Home on July 16^th and asking those attending to bring canned goods for the Fairless Food Cupboard.

 

There were no guests.

 

Second Reading: An Ordinance approving a Memorandum of Understanding with Fairless Local School District for the Village Police Department for the 2022-2023 School Year. 

 

First Reading: A Resolution Authorizing the Village Owned Public Utilities (Water, Wastewater, and Electric) at no cost when used for Municipal or Public Purposes.

 

First Reading: An Ordinance Enacting and Adopting a Supplement to the Code of Ordinances for the Village of Brewster, Ohio.

 

TABLED AT THIRD READING on June 6, 2022: 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 5^th after the opening of the bids on June 28^th.

TABLED AT THIRD READING on June 21, 2022: An Ordinance Amending the Zoning Map was given third reading.  VA Miller is requesting this legislation be tabled until the August 1^st meeting after the bids are tabulated.

 

MUNICIPAL DEPARTMENT REPORTS:  

 

1.    Mayor Hawk asked if Council had any questions or concerns for the Chief.  There were none.

 

 

COMMUNICATIONS: 

VILLAGE ADMINISTRATOR: Mike Miller

Council received the Village Administrator’s report last week to review.  Administrator’s report for period: 6/22/2022 thru 7/5/2022:

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD 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:

 

Administrator’s report for period 6/22/2022 thru 7/5/2022:

 

Mosquito Spraying. The county Health Department has forwarded the initial schedule for mosquito spraying in Brewster. The initial tentative schedule for the summer of 2022 is:

• June 29, 2022
• July 13, 2022
• July 27, 2022
• August 10, 2022
• August 24, 2022
• September 6, 2022

 

In the event there are cold temperatures, precipitation, or high winds on the date scheduled, the mosquito spraying in Brewster will be postponed and rescheduled as soon as possible.

 

2022 Paving Program. The 2022 Paving Program has been completed. The original contract was for $135,868.45. However, while we subtracted the dead end of Barber for a slight reduction in cost, we added “1^st “Street between Lincoln and Washington, and essentially added (clarified they should be included) two (2) intersections on McKinley at 4^th and 5^th. The final cost is $174,795.23, or $38,926.78 more.

 

The contract was awarded based on quantities, and the quantities that created the majority of the increase:

 

• Item 301 asphalt base (McKinley and a little on “1^st” Street) was over the estimate by 96 cubic yards ($11,904 more). We have the delivery slips verifying the quantity.
• Item 441 asphalt intermediate (McKinley) was over the estimate 34 cubic yards ($5,780 more). Again, we have the delivery slips verifying the quantity.
• Item 441 asphalt surface (McKinley and “1^st“ Street – most 1^st Street) was over the estimate by 67 cubic yards ($13,065 more). Again, we have the delivery slips verifying the quantity.
• Slight increase in number of feet for curb (McKinley) of 81.5 feet ($3,667.50 more).

 

These quantity increases are consistent with our experience in rebuilding Tuscarawas a few years ago – doing it right usually results in addition quantities/costs. We didn’t take short cuts. Also keep in mind that a significant portion of the cost for McKinley was for ADA Ramps - $14,035.

 

I have been consulting with Kris throughout, and there is enough in the Paving Fund to cover the increase in quantities/costs. Also, we discussed taking the cost of $11,716.09 for “1^st “ Street out of the Street Resurfacing Fund. A total of $2,850 of the concrete work will come out of the Sidewalk Fund, as that amount is attributable to Tree Removal and/or preservation.

OPWC Park Drive Phase 1. The OPWC Project Agreement for Park Drive Phase 1 was sent to the Village July 1^st, and it has been executed. I will be coordinating with Thrasher to get this Project out to bid as soon as possible pursuant to the Ordinance passed by Council. An Ordinance to award a contract will be before Council shortly so that it can be passed at the point bids are opened and a recommendation is made to Council to award a contract.

OPWC Tuscarawas/Locustdale/Pinewood Water Line Replacement. The OPWC Project Agreement Tuscarawas/Locustdale/Pinewood Water Line Replacement was sent to the Village July 1^st, and it has been executed. I will be coordinating with W.E. Quicksall to get this Project out to bid as soon as possible pursuant to the Ordinance passed by Council. An Ordinance to award a contract will be before Council shortly so that it can be passed at the point bids are opened and a recommendation is made to Council to award a contract.

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 was again revised, as there were a number of questions that required an addendum, and only allowing 72 hours +/- to get new calculations done and a bid in would either result in inflated bids on some items OR contractors choosing not to bid. The bid opening has been pushed back to July 7^th. The CURRENT schedule now is:

 

• 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, 2022 May 18, 2022 April 26, 2022 first advertisement

• June 10, 2022 May 25, 2022 May 3, 2022 second advertisement

• July 7, 2022 June 28, 2022 June 8, 2022 May 17, 2022 open bids
• July 12, 2022 July 1, 2022 June 15, 2022 May 24, 2022 recommendation to Council
• July 18, 2022 July 5, 2022 June 6, 2022 third reading ordinance awarding contract
• July 18, 2022 July 5, 2022 June 20, 2022 June 6, 2022 award contract?

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.

 

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 7^th Street Line. Wednesday June 29^th was a great day to get the holes dug and poles set on 7th Street SE between Park Drive and Dartmouth. This is one of the steps necessary to achieve the ultimate goal of getting the poles out of the Safe Routes to Schools Path and get it improved to a hard surface as well. The process included OUPSing the area; Using a vacuum truck with a high-pressure water jet to “dig” out holes for the new poles. High pressure water is used to dig out a hole while simultaneously being vacuumed back out of the hole being dug. This process is necessary rather than the normal process because of the proximity to the Village’s water line and to a Columbia Gas line. If we hit it with the high-pressure water, it doesn’t damage either line. If we were to hit either line while digging with our digger/derrick there would likely be LOTS of damage. Once the holes have been dug, setting new poles with our new digger/derrick truck.

 

It was a multi-Department effort. In addition to the Electric Department, the Water Department was on site, and there were two Police Officers performing traffic control. Now that the poles are set, the Electric Department will rewire and reconfigure. We will need cooperation from MCTV and Frontier to relocate their facilities to the new poles. As always, I will keep Council informed of the progress.

 

Brewster Cheese Cogeneration of Power. I had a meeting with Brewster Cheese and their consultant and potential contractor Air Clean Energy regarding Brewster Cheese adding cogeneration of electric when they replace their boilers. A short explanation of cogeneration is that with new boilers, Brewster Cheese can use the heat from those boilers to produce electricity for themselves at the same time they are using the boilers to make cheese. The discussion centered on about technological implications and protections for Brewster’s electric infrastructure (which went into a lot of detail I will not go into here) as well as how much power/electricity they anticipate cogenerating for themselves, which in turn will reduce the amount of power/electricity they purchase from the Village.

 

What we do know in more detail now and/or need comment/confirmation on is:

 

• The project should produce about 2.3 to 2.5 MWh
• Production will be 24/7/365, with minimal shutdown annually less than 5 days
• Production will be behind Brewster Cheese’s meter, so nothing will be fed into Brewster’s system
• Project expected to come online end 2023 or beginning 2024

 

So, I am consulting with AMP, GPD, and Courtney and Associates to get clarification/confirmation how the reduction of 2.3 to 2.5 MWh by Brewster Cheese will affect our rates. Some points being discussed/reviewed are:

• Could it help our rates after it comes online, as Brewster’s remainder contract expires 2025 ($34.14 per MW). We will (would) be 2 MW plus short. So, in effect, Brewster Cheese’s Cogeneration Project might cover that projected “shortfall” beginning in 2025, eliminating the need for Brewster to go to the market to cover.
• The market is EXTREMELY high right now ($70 - $80 per MW), so with the rest of our power “averaging” $34.14 per MWh avoiding going to the market for 2 MWs may keep our rates stable. Since we have “fixed” power costs, premarket inflation, we should be able to minimize/eliminate increases in rates.
• How the reduction in what Brewster buys will reduce what Brewster pays in transmission and capacity costs.

 

So, AMP will be running different scenarios and both AMP and Courtney and Associates will help answer the question how Brewster Cheeses’ cogeneration will affect Brewster electric rates in 2025 and beyond. They will also let me know if I am missing anything, or my analysis of the impacts are not accurate. I will keep Council informed.

Electric Power Purchase - 1 or 2 MW Off-peak Block of Power for 2025-2028. On August 16^th of 2021, 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 now in a holding pattern because of both market conditions and Brewster Cheeses’ proposed cogeneration project. I will keep Council Informed.

Safe Routes to Schools Project – Middle & Elementary Schools. Construction start is slated for July 5^th, 2022. Prior to construction Columbia Gas brought in a contractor to lower a portion of their gas line that conflicted with the new path.

 

As I indicated previously, while it would be nice to just step back and let ODOT manage the project, that is not the case. The Village is working with ODOT to 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. A contract has been entered into with Thrasher to assist with utility clearance and answer questions during construction.

 

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.

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.

 

Brewster Parke Water Line Extension Project. A pre-construction meeting was held on Wednesday May 18^th with the contractor RBS General Contracting of Massillon, Ohio and the Village. The project is planned to begin soon.

 

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 19^th 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.

 

Storm Drainage Projects. The current list of storm sewer projects in their priority order, with updates on their status:

 2.  Catch basin on Tuscarawas (sump pump). COMPLETED except for 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.

East Main Storm Drainage. One of the issues I asked Street Superintendent Rick Patterson to address is whether the drainage project on East Main Street could be accelerated by hiring an outside contractor. He has been installing pipe and catch basins as time and weather allow, but some have expressed “concern” that the project is moving too slow. Well, he got an estimate to complete the work (attached) from the contractor that did the drainage to the west of the WANDLE house - $20,000 for the remaining 300 feet with the Village supplying the material. That works out to approximately $67 per foot. The entire project is 710 feet – so the total cost would have been $47,570, which is what we have saved by doing the project with our own personnel.

 

So, while it has taken longer to complete as a fill-in project fit in with all the other responsibilities and weather constraints, the amount of money saved in my opinion is worth it. The Village does not have many places it could have taken the $47,570 from either.

 

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.

  

 

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.

 

Efficiency Smart - Appliance Recycling Rewards Program.  Efficiency Smart’s Appliance Recycling Rewards program will be resuming on July 1. Through September 30, residential customers will be able to schedule a free pickup and receive $100 for each eligible appliance (a still working refrigerator, freezer, dehumidifier, or window air conditioner) recycled. Customers are encouraged to contact Efficiency Smart at 877-889-3777 or go to their Efficiency Smart community webpage and select “Appliance Recycling Rewards” to learn more and to sign up.

 

Marketing will begin July 1. A flyer promoting this service will soon be available.

 

 

COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to enter into executive session for the purpose of considering the appointment of an employee to the Village of Brewster at 7: 29pm.  The vote: All yes.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to exit executive session at 7:39pm.  The vote: All yes.  No action was taken.

Council Member Hilliard had a couple of ladies complain because the gazebo was torn down.  Council Member Hilliard explained that it was starting to rot.  VA Miller stated that McBurney Concrete will be in town for a week in July to work on that area along with several other areas that are being repaired.  Council Member Hilliard told the ladies to come to the Christmas meeting on the 7^th at the new Community Room to see what was planned for the area.

 

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 SCHWAB MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to close the north lane of Main St to McKinley St for the concert on July 21^st.  The vote: All yes.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to approve the additional cost for the 2022 Paving Project in the amount of $38,926.78.  The vote: All yes.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to create legislation to give the Fairless Youth Soccer from August 1^st to October 31^st priority over the Village parks.  The vote: Hilliard, yes; Long, abstain; Radich, yes; Schwab, yes; Fox, yes; Godwin, yes.  Motion carried.

 

 

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to adjourn at 7:39 pm.  The vote: All yes.

 

Respectfully submitted,

Kris King, Clerk-Treasurer

Charles Hawk, Mayor