November 7, 2022 - Meeting Minutes

NOVEMBER 7, 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                                                              
COUNCIL MEMBER LONG MOVED SECONDED BY COUNCIL MEMBER FOX and motion carried to excuse Council Member Schwab from this evening’s meeting.  The vote: All yes.
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 October 17, 2022 Council meeting minutes. There were no additions or changes.
COUNCIL MEMBER FOXMOVED, SECONDED BY COUNCIL MEMBER LONG 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 $210,524.78.  The vote:  All yes.
Floyd Hershey, Sandra Shilling, Priscilla Cunningham, Tim Martin, Robert Briggs, and Fire Chief Chris Colucy
Tim Martin of Lawrence Township is a member of the Gathering Place Church and attended to give his opinion of the parking changes in front of the church.  He stated changing the no parking to the corner from 40 to 78 feet eliminated all the parking in front of the church. He suggested reducing the 25 MPH speed limit on Wabash, so it was safer rather than reducing the parking on Wabash Ave. on that block.  He stated the only thing that has changed in the last 50 years is the people going in and out of Fifth St SW.  He asked why one corner was being prejudiced or changed.
Robert Briggs of Second St asked why there is a four-way stop at Cleveland and Main and not one at Second and Main.  He wanted to know why they were not the same.  VA Miller stated that is the way they were when he was hired, and he doesn’t know the reasoning.  Mr. Briggs also asked when the Village was going to do something about all the horse crap all over the streets and he gave examples of places where it is bad.
Sandra Shilling, 424 Grosswood Ave, Massillon, attended to express her disagreement with the No Parking signs on the west side of Wabash on the 400 block in front of the Gathering Place.  She spoke about the turn around and people pulling out and not realizing the no parking sign because of where it is located.
Priscilla Cunningham, 404 3rd Ave., Beach City, is also associated with the Gathering Place Church.  She suggested putting the sign at the south end of the turnaround.  She stated it is a mitigating factor at the far end of the turnaround.  She stated it was foolish to put at the north end of the turnaround.  The Village is wanting 78 feet, if you do it there then it should be done at every egress.  If you do it to one, you should do it to all.
VA Miller explained that the Fire Chief, Police Chief, Mayor, and himself took several different sized vehicles and parked them at different places to see at what point there was a safe field of vision for pulling out of West Fifth Street.  This is how they came up with their recommendation.
Tim Martin asked if he could just park in front of any driveway.
Floyd Hershey, 13646 Navarre Rd SW, Beach City, is also a member of the Gathering Place.  He stated that if you are coming from the south and pull in the turnaround and pull out to the south, you do not see the sign.
Council Member Godwin stated that he drove by several times last Sunday and the signs were being totally ignored.
Mayor Hawk stated that nothing can be done about that until the ordinance has been passed.
Mr. Hershey stated that he has good and bad experiences with the police and that the police can make mistakes.  He stated that the sign should be put at the south side of the turnaround.  He stated that if the police enforced the speed limit the visibility would not be a safety issue.
Ms. Cunningham stated that she does not like the whole sign thing, but it appears the Village is just being mean.  Ms. Shilling and Ms. Cunningham suggested putting it on the south side as a compromise.  Mr. Martin stated the property owner is being targeted.
Council Member Godwin stated that this is not new and has been complained about for years. 
Mr. Martin stated it is a matter of point-Safety first.  He stated people need to be able to access, observe, and decide to pull out. He stated that that section is being prejudiced and targeted.  The only thing that has changed is the vehicle operators.
Council Member Godwin asked why the Village would target them?  To what end.  There is plenty of parking in the back.
Mr. Floyd stated that there is no elevator in the building for the handicap to get downstairs if they go in the back.
Ms. Cunningham recommended leaving the sign at the south end and amend the ordinance for that amount of feet.
Mayor Hawk stated there will be three readings and then thirty days after that the ordinance will go into effect.  He is trying to respect the expertise of his Chiefs.  It’s time to move on with the meeting
Council Member Hilliard stated that he wouldn’t have a problem with the sign being located at the south side.
The discussion turned to parking in front of the turnaround and how many cars could park there.  VA Miller went into his office to get the exact measurements and stated a maximum of two small cars could park in the center as long as they were bumper to bumper.  Cars are generally 18 feet long and there is 37.5 feet between the entrances.
Mr. Martin stated it is a public right of way and the Village is trying to alleviate people from being responsible for their own personal responsibility.
Council Member Hilliard stated this is the first reading and that there are still six weeks.
There were no guests.
CONSIDERATION OF ORDINANCES:  Titles of each read by Solicitor John Anthony. 
ORDINANCE 55-2022: An Ordinance Amending Ordinance 59-2021 To Adjust The Compensation Of Village Employees For 2023 Through 2025 was given third reading.
COUNCL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER LONG to bring the legislation forward for passage.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to amend years 2023 and 2024 Electric Supt and Journey Linemen wages.  The vote: All yes.
The vote on the legislation as amended: Radich, yes; Fox, yes; Godwin, Yes; Hilliard, no; Long, yes.  The Legislation passes.
Second Reading: An Ordinance to Authorize the Execution of an Efficiency Smart Schedule with American Municipal Power Inc.
First Reading: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.
First Reading: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.
First Reading: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.
First Reading: An Ordinance Authorizing An Amendments To Employee Handbook Policy 3.19 And The Addition Of That Policy As Modified To The Village Employee Handbook.
First Reading: 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.
RESOLUTION 56-2022:  Resolution of Appreciation to the Belloni Family.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to approve this resolution as presented.  The vote: All yes.
A. POLICE DEPARTMENT: Chief Nathan Taylor (excused)
B. FIRE DEPARTMENT:  Chief Chris Colucy
1.    There were 786 calls in 2022.  82 in October.  13 calls turned over to other departments.
  1. Squad #155 is back in service.
3.    Mayor Hawk asked Chief Colucy to explain communications received from Dalton.  Chief Colucy stated they are asking for a quote to have Brewster run their operations for one year.  He stated we cannot do this having only one person on duty.  He stated that would not be fair to our residents because there could be an emergency in Brewster and the squad could be in Dalton covering one of their calls.  Mayor Hawk stated we need to fix our own problems before trying to fix someone else’s.  Council Member Hilliard suggested the Mayor send Dalton a letter declining to provide a quote.  Chief Colucy stated the problem we have is that we have about eight people that run most of the calls and right now two of them are on leave.  Council Member Hilliard asked if we have open communications with the other small dept’s in our area.  Chief Colucy stated that it is hard to compete when you have places like Jackson, Massillon, and Perry offering fulltime positions.  Chief Colucy stated that everyone is having the same problem.
  1. Council Member Godwin asked Chief Colucy if he had applied for the 9.2 million that was being given out by the state.  Chief Colucy said he was looking into it.  He stated that the biggest problem is no one wants to be on duty by themselves.
  1. The Solicitor recorded the final easement from the Jefferson Project.
  2. Solicitor Anthony and VA Miller have been in communication with Convergence Energy regarding a proposal for battery storage.  They had a video call.
  3. Council Member Godwin asked if the settlement made by Walgreens, CVS and other pharmacies are part of the litigation we are involved with or do we have to apply.  Solicitor Anthony believes that they may be the same but will have to look into it.
  1. Mayor Hawk attended the Stark County Fire Department meeting held in Brewster and stated Ohio Edison put on a nice presentation.
Council received the Village Administrator’s report last week to review.  Administrator’s report for period 10/18/2022 thru 11/07/2022:
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER LONG 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: 
  • Park Drive Phase I – OPWC – Revising specs to make it easier to construct.  Frontier poles need removed.
  • SRTS change order for crossing beacon.
  • The filters are in for #3.  Hoping to get the project wrapped up next week.
  • The Water Transmission Project has scored a 64 which is exactly as expected.
  • The cleanup on Sugar Creek will be started this week.
  • Sub maintenance is ongoing.  Looking into battery storage.
  • The new electric building came in at $1,013,000.  Courtney and Associates reviewed the rate schedule, and the Electric Fund can afford it without any change in rates.  IT will be put back out for bid.
  • Gas Aggregation Program: Residents have the option to opt-out without any penalties.
  • Additional cross-training through March: Fry and Page are switching and sewer guys are putting some hours in the water department.  We are doing this in order to avoid problems down the road when people retire.  Mayor Hawk commended VA Miller for his forward thinking.
  • Council Member Godwin asked about the other funds affected by the new electric building.  The PD will owe the Street Department $118k for the bays in the street garage and the Street Department will owe the Electric Department $351k.
Administrator’s report for period 10/18/2022 through 11/7/2022:
OPWC Tuscarawas/Locustdale/Pinewood Water Line Replacement Project. A pre-construction meeting for the Tuscarawas/Locustdale/Pinewood Water Line Replacement Project was held October 19th. As soon as a firm schedule is available I will provide it to Council.
The Village has also now been approved for an OWDA Loan Council authorized applying for the Tuscarawas/Pinewood/Locustdale Water Line Project. As was discussed at the February 7th, 2022 Finance Committee Meeting (and since), 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. The Village waited until bids were opened so we had a specific amount to apply for. RCAP prepared the application (nomination) to OWDA at no cost to the Village.
The approved loan came after OWDA scrutinized the Village’s financials and determined not only that it was in a position to repay the loan, but suggested based on the numbers the Village increase the amount requested. The OWDA Loan is for a maximum amount of $167,182.77. IF the full amount is borrowed (includes contingencies that may not be required), the estimated semi-annual OWDA Loan payment will be $9,833.94. The interest rate is 3.200%, which is less than projected. The source of the loan is from Fresh Water Fund (Construction). The OWDA Loan is for a term of ten (10) years starting on January 01, 2024. There are still some forms and paperwork to complete and submit. The OWDA supplements the OPWC Grant of $113,817 and an OPWC Loan in the amount of $75,878 at 0$% interest for 20 years. We will most likely NOT get the full OPWC loan amount as the project came in under the estimate/budget, and the total OPWC percentage cannot exceed 49%.
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 have completed the review. We will be slightly revising the specifications to reduce construction costs and avoid a power pole that has other entities attached that may not relocate their facilities in a timely fashion. The Electric Department is in the process of installing a new electric pole line and 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 can 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 – Change Order. On Thursday October 25th the contractor for the Safe Routes to Schools Project performed the change Order to “complete” the Safe Routes to Schools path and complete punch list items. Attached is a photo of the Change Order at Route 62 crosswalk widening the path out to 10 feet for the entire portion east of Route 62. The Electric Department will be reinstalling the Rapid Flashing Beacon at the crosswalk in the near future. The Village will also do restoration (soil and grass seed) to assure that the project stays under budget.
This 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.
Brewster Water Treatment Facility Filter Rehabilitation and Media Replacement Project (Filter Media Project). Work continues on the Filter Media Project. The final tank, Tank #3, has been taken out of service and the filter media removed. There is extensive pit filling to take place, which will be a change order of up to $1,800 for better material. The new brackets have been welded in place. Now we are waiting for the tank to be pit filled, painted, the new internals installed, and the new filter media installed so that the project can be wrapped up. The painters have been delayed, in part due to illness, so painting is scheduled for the week of November 7th. It is looking like it will be complete the second or third week of November. I have reached out to OPWC, as their deadline is October 31st. They indicated that it will not be a problem.
OPWC - Brewster Water Transmission Main Replacement Project. The Village’s OPWC application was submitted on Monday September 12th for the Brewster Water Transmission Main Replacement Project. We are now waiting to see how it scores and where we rank.
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. The contractor has been informed and the debris removal will get started as soon as possible.
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. 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.
Electric Department – Substation Maintenance. GPD on the Village’s behalf solicited informal 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 requires 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. The contract with GPD is a total not to exceed price of $17,400, with the Village’s portion $9,900. The rest will be reimbursed/paid by AMPT. Work has begun with the de-energization of the 69kV south bus and carrying the entire town load from the north transformer TR3. This allows UIS to test breakers M1, TR1, TR2, associated disconnects, arresters, transformers TR1 and TR2 and related 69kV equipment. After the 69kV testing is completed, selective isolation and testing of 12kV equipment will proceed.
Electric Department – Potential Battery Storage Project. The Village staff (the Mayor, Electric Superintendent Ryan Swan, Lineman Mike Radich, and I) together with Dwight Niederkofler met with representatives of Convergent Energy on Thursday September 29th 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. 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. AMP has reviewed the numbers presented, and indicated the “calculations look correct”.
The proposed project, like when AMP/AMPT was discussing purchasing our transmission line and other assts, 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.
In preparation for the upcoming Council Committee Meeting on the subject, there have been a couple of follow-up meetings, including one with the Law Director to discuss among other things the RFP.
Electric Building. After considerable revision of the specifications and a meeting this week to go over the revised plan and estimate, we are at the point where we can proceed to rebid the 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 includes the following tasks/revisions to the plans and contract documents for the Electric Building:
  • Ensured that “or equal” language is included and clear throughout the specifications and plans so the contractors/bidders are aware of the option to submit alternative items of material for approval.
  • It was determined that the Village would NOT procure in advance any items or materials.
  • That we will allow the successful bidder to extend the completion date if the contractor can show a hardship in obtaining an item/material.
  • Changed interior door specifications from metal to wood doors and eliminated closers on doors.
  • Changed window specification from aluminum to vinyl.
  • Changed siding specification from standing seam to metal panel.
  • Changed some of the railing specifications from prefabricated metal to wooden.
  • Indicates parking area to be performed by village. Contractor will still perform work for reinforced concrete apron and ADA compliant parking space.
  • Indicates water service to be performed by village to close proximity of building where the contractor can tie into service.
  • Indicates sanitary sewer to be performed by the village to bring it within close proximity of building where contractor can tie into sewer.
  • Includes plumbing plan/schematic.
  • Changed electrical plan from 3-phase to single phase. This means we change from one large air conditioning unit to four smaller units (4 ton or less). This also eliminated 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. The Village will run service to building.
  • Eliminated standby generator but will provide a generator plug for future installation of generator.
  • Eliminate electric cord reels in each bay.
So, a brief recap of the background and reasoning for the Electric Building again. Originally the plan was to build a virtually identical 3 bay garage next to the newest 3 bay garage. That plan tracked with building a new Street garage at 4 bays plus an office so that the Police Department could expand into three (3) existing Street Department bays and the current Street Department office. However, the option we pursued was to instead of building a new 3 bay Electric Garage and a new Street garage at 4 bays plus an office, build instead a new seven (7) bay Electric Garage with office, have the Street Department move into the existing Electric Buildings, and still have the Police Department expand into three (3) existing Street Department bays. The Street Department would have to reimburse the value of the existing Electric Buildings to the Electric Fund, and the Police Department will have to reimburse the Street Department the value of the three (3) bays and office, but ultimately that would be a better option. Ultimately, not all Street Department operations can be moved to the existing Electric Buildings. Salt storage and/or brine could not be located near wells/water supply and will have to stay put.
After exploring a number of options, the location that was chosen for the new seven (7) bay Electric Garage with office is on new leased property in the pine trees north of the existing leased area. We have entered into a lease with Brewster Cheese for the area; the location does NOT interfere with AMPT the second feed and associated ring bus into our substation; the trees have been removed. This will put all the Electric Department equipment together.
The initial cost for engineering with Engineering Associates for the new seven (7) bay Electric Department Building was $30,810. That amount was less than the initial projected cost to design two (2) buildings.


Initial Small Electric Garage

Street Garage

Initial Combination

Current Large Electric Building

Design & Bid Documents





Construction Administration





Project Total





Plans for the new Electric Building were completed. The proposed building is 59.5 feet by 130 feet. We went out to bid with an estimate of $767,000. The bid opening for the new Electric Building did not go well. Without going through everything, the “highlight” is the only/low bid of $1,284,100 was $516,600 over the engineer’s estimate of $767,500 (67% over). So, the Village could not award a contract based on that one bid.
Council initially authorized $35,060 for engineering the two (2) separate buildings (Electric & Street). When we switched to a single building, that lump sum cost for design was reduced to $30,810. (theoretically a $4,250 reduction). The revision of the specifications was:
                $6,250 (Engineering Associates, Inc. fee)
                $3,250 (Electrical and HVAC sub-consultant fees)
                $9,500 (Total fee)
That increases the net amount authorized by Council for engineering by $5,250.
Back to now!
The revised estimate is now in - it 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.
The proposal to pay for the new Electric Building breaks down as follows, starting with latest appraisal values:



Street Garage


Street Garage- Office & 3 bays (60%)


Electric – Front Building


Electric – Back Building


Total – Electric Buildings


So, based on the Street Department reimbursing the value of the existing Electric Buildings to the Electric Fund, and the Police Department reimbursing the Street Department the value of their three (3) bays and office, the breakdown is:



Street to Electric


Police to Street


Net Street Payment to Electric


The $118,471 for Police Department portion of the current Street Department Building would be divided over three (3) years out of the Income Tax – or $39,490.33 per year. The Income Tax was communicated prior to its renewal for among other things equipment and other basic needs.
The $232,815 for the Street Department to purchase the “net” cost left for the Electric Buildings would be divided over ten (10) years – or $23,281.50 per year. This would be out of Capital. Taking $23,281.50 per year drops what is available for other Capital Improvement purposes.
So, the ultimate net cost to Electric is:



Total Electric


Less Reimbursement



$ 661,714

I am not requesting any action from Council at this time. We are still waiting for Courtney & Associates to confirm that the that the funds (primarily Electric) can support the payments and/or costs.
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.
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 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 30th. 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. An amended version has been provided, as there was a miscalculation for Electric Superintendent and Journeyman Lineman.
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 have been 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.
I have also provided ordinances for the 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.
Also, ordinances for the revision of Employee Handbook Policies 3.17 Job Assignment Compensation and 3.19 Miscellaneous Incentives have also been drafted and will be on the agenda for first readings.
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.
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:
  1. Vehicles. There has been a lot of vehicle traffic all the way down to the bank. The PD has been made aware of this traffic and has been monitoring it. Concern about a vehicle potentially going too close and ending up in the Sugar Creek. There is now a “turn-around” near the bank. I have attached photos from the Stark County Auditor’s website, that not only show a car, but one is marked up to show where the new turn-around is.
  1. Drinking. There have been sightings of beer cans at the bank of the Sugar Creek, and farther down the creek bank along what was a game trail but now has heavier use.
  1. Fire pit - someone has dug out a fire pit.
  1. Illegal turtle snags. A couple of years ago when we had our local ODNR Ranger at this location, he found a number of illegal turtle snags. Turtle snags are lines tied off somewhere up the bank (trees) with a baited hook at the end in the water. The law for Turtle snags is:
Rule 1501:31-13-02 | Fishing methods other than angling; areas affected.
(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.
(6) It shall be unlawful for any person to fail to inspect or maintain their set or banklines once every twenty-four-hour period.
(7) It shall be unlawful for any person to leave any part of a set or bankline which was brought to the site upon completion of use.
(8) It shall be unlawful for any person to set, use, or maintain set or banklines unless they have attached thereto a durable waterproof tag bearing the name and mailing address of the user in English letters or the unique division of wildlife customer identification number of the user legible at all times.
(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 plan to put up a gate to restrict vehicular traffic past the guardrail\ that will still allow foot traffic. Based on preliminary discussions with the Mayor and Police Chief some reasonable limitations that could be established are::
  • 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.
Efficiency Smart – Contract Renewal. The Village of Brewster’s contract with Efficiency Smart is set to expire December 31, 2022. It was last renewed in November of 2019 for three (3) years. I am providing a draft ordinance to renew the contract again for another three (3) year period from January 1, 2023 through December 31, 2025.
I have provided slides provided by Efficiency Smart illustrating their expectations of where we the Village end up at the end of the year, as well as the goals and costs for a renewal of a new 3-year contract. The last slide is a table we put together that compares the cost for Efficiency Smart relative to the numbers AMP provided for market power, capacity, and transmission. It is used to show how we are the lowest cost option for power supply.
The Village has been participating in Efficiency Smart for quite some time, and I recommend renewing it again.
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.
Tree City and Tree Growth Award/Recognition Applications. Applications have been submitted for 2022 Tree City and 2022 Tree Growth awards/recognition. If successful, this will be the 30th year the Village of Brewster will be recognized as a Tree City. The Tree Growth Award is predicated on the Village receiving Tree City recognition, but if successful this would be the 3rd year in a row the Village receives Tree Growth recognition.
  1. Recommending Cody Henry to the Fire Department.
  2. Recommending Leon Swartzentruber to the Fire Department.
  3. Recommending Heidi Everly to the Fire Department.
  4. Thank you from Brewster Parke for the donation of a raffle basket for the Car Show.
  5. Christmas in the Village meeting will be November 15, 2022 in the meeting room at 10:00 AM. 
  1. Please review and initial the check register for tonight’s bills.
  2. The year-to-date and October financials were in Council’s mailboxes.
  3. HB 512 – Ohio Police and Fire Retirement System increases incrementally over a five-year period:     
                       Police            Fire
  • 2022       19.5%                    24%
  • 2023       20.9%                    24.5%
  • 2024       22.3%                    25%
  • 2025       23.7%                    25.5%
  • 2026       25.1%                    26.%
  • 2027       26.5%                    26.5%
  1. Certified Public Records Training Now Available as an On-Demand Webinar on the State Auditor’s website.  It is in three one-hour sessions.
  2. The Ethics training went off without a hitch.  We had a room full of elected officials and public employees. We had approximately 60 attendees.
  3. Thanksgiving and Christmas for the employees: Belloni gift certificates are not available.
  4. I will be starting on the 2023 budget and year-end legislation over the next couple of weeks and plan to have them for first reading at the next meeting.
VILLAGE SPEAKS (Communications received by Council Members from Village Residents):
Council Member Godwin reported that there was a nice turnout for trick-or-treat.  The Fire Department was extremely helpful, especially Capt. Jeremy Henry.
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.
There was a 20-minute meeting to discuss the area south east of the bridge at the south end of town.  Going to make it more family friendly and restrict vehicles from going down to the stream.
  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 GODWIN MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to appoint Cody Henry to the Fire Department pending a physical, background check, and drug screen.  The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to appoint Leon Swartzentruber to the Fire Department pending a physical, background check, and drug screen.  The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to appoint Heidi Everly to the Fire Department pending a physical, background check, and drug screen.  The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to add a $100 bonus to all active employees as a Thanksgiving and Christmas bonus since Belloni Foods will be closing shortly.  The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to draw up a resolution of recognition for the Football Team, Cheer Squad, and Band for their 9-3 winning season.  The vote: all yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to have the Mayor write a letter to Dalton declining to provide a quote for service.  The vote: All yes.
There were no comments from the audience.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to adjourn at 8:01 pm.  The vote: All yes.
Respectfully submitted,
Kris King, Clerk-Treasurer
Charles Hawk, Mayor