May 2, 2022 - Meeting Minutes
MINUTES
BREWSTER VILLAGE COUNCIL
MAY 2, 2022
7:00 P.M.
Brewster Village Council met in regular session with Mayor Chuck Hawk presiding.
Council Members bowed their heads for the invocation provided by Clerk-Treasurer Kris King, followed by the Pledge of Allegiance to the flag.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to excuse Council Member Dave Godwin from this evening’s meeting. The vote: All yes.
MEMBERS PRESENT:
Charles Hawk, Mayor
Dale Fox, Council Member Thomas Hilliard, Council Member
Brett Long, Council Member Sydney Radich, Council Member
Mike Schwab, Council Member
VILLAGE OFFICIALS:
John Anthony, Solicitor Michael L Miller, Village Administrator
Kris King, Clerk-Treasurer
MINUTES FROM THE APRIL 18, 2022 REGULAR COUNCIL MEETING:
Mayor Chuck Hawk asked if there were any additions or deletions to the April 18, 2022 Council meeting minutes.
COUNCIL MEMBER LONG MOVED, SECONDED BY COUNCIL MEMBER SCHWAB and motion carried to approve the minutes as presented. The vote: All yes.
PRESENTATION OF BILLS:
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to accept the bills in the amount of $575,597.17. Council Member Hilliard questioned a $450 towing bill. VA Miller stated a spring broke and the dump truck had to be towed in order to get it repaired. The vote: All yes.
AUDIENCE:
Michelle Meeks, Valerie Christman, Fire Chief Chris Colucy and Police Chief Nathan Taylor were in attendance.
PRESENTATION OF GUESTS:
There were no guests.
CONSIDERATION OF ORDINANCES: Titles of each read by Solicitor John Anthony.
RESOLUTION 28-2022: A Resolution authorizing the Village Administrator to prepare and submit an application to the Ohio Public Works Commission State Capital Improvement Program for Water Transmission declaring and emergency was given second reading.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to suspend the rule requiring three separate readings and bring the legislation forward for passage. The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to approve the legislation as presented. The vote: All yes.
SECOND READING: A Resolution authorizing the Village to enter into a lease with Brewster Dairy for an area to locate the Electric Department Building.
SECOND READING: An Ordinance to allow only the Village of Brewster, Ohio to aggregate demand response of retail customers in accordance with FERC Order 719 and taking other actions in connection therewith and declaring an emergency.
RESOLUTION 29-2022: A Resolution approving a written Procurement Policies and Procedures Policy for the American Rescue Plan Act of 2021 and declaring an emergency was given second reading.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER SCHWAB and motion carried to suspend the rule requiring three separate readings and bring the legislation forward for passage. The vote: All yes.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to approve the legislation as presented. The vote: All yes.
RESOLUTION 30-2022: A Resolution authorizing the Clerk-Treasurer to claim the $10 million Standard Allowance for Revenue Loss for the American Rescue Plan Act of 2021 and declaring an emergency was given second reading.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to suspend the rule requiring three separate readings and bring the legislation forward for passage. The vote: All yes.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to approve the legislation as presented. The vote: All yes.
FIRST READING: An Ordinance Awarding a Contract for a Building to House its Digger/Derrick Truck and the rest/entirety of the Electric Department and declaring an emergency.
FIRST READING: An Ordinance Authorizing all Actions Necessary to Support the Continuation of a Government National Gas Aggregation Program and declaring an emergency.
FIRST READING: An Ordinance Amending Ordinance 07-2012, 76-2017, and 02-2022 establishing the Village Fire Department Fee Schedule for Charged Services.
MUNICIPAL DEPARTMENT REPORTS:
A. POLICE DEPARTMENT: Chief Nathan Taylor
April Calls: 463 total for the month
Officers:
- We still have one Officer out on injury.
- We have one Officer out on sick leave.
- We have been short 2 full-time officers since February 22.
Department:
- I am still working with Lexipol and the State of Ohio to become compliant in the Ohio Collaborative. I have an OACP representative coming on May 17th, 2022 to assist and finalize the process. I will be closing it by the end of May.
- The mandatory CPT training has begun at the Training Center, along with other mandatory training. Almost Completed.
- On Tuesday I am having several local Police and Fire Chiefs come in to have a safety awareness meeting. This is going to stem from the first meeting that I had reference to the schools. I hope it will become a regular meeting to keep all area safety forces on the same page and so each jurisdiction can know what other jurisdictions have to offer.
- I will be in Columbus May 8th – May 11th for the annual Ohio Chief’s Associations Conference. They will be discussing Federal funding for different areas of Law Enforcement and for hiring. Also, all the new legal updates, and next year’s CPT training which sounds like it will be going from 24 hours to 40 hours.
Vehicles:
- Car #4 was towed to Progressive Chevy for an engine issue. They found a spark plug and wire were burnt and also the radiator needed to be replaced. This was all completed under warranty. There is some concern on why the plug and wire failed they are monitoring the oil levels to see if it may be a piston related problem.
Computer Software:
- Redactive software is up and running.
Dispatch:
- We had another LOGIC meeting today and some issues have improved while others are still not so good. At this time, we are continuing to assist them to help improve the Red Center status, but also keeping our options open in case the worst should arise.
B. FIRE DEPARTMENT: Chief Chris Colucy
- There have been 292 calls to date in 2022. 71 were in April.
- The RED Center issues has more to do with the Police Department.
- The five radios are in. The other five will be passed on to the Police Department.
- The Chief has asked permission to shut down the alley and put-up barriers for the festival. The electric panel needs to be put up in the outfield-May 27th. Council Member Long will check to see if there are any games scheduled on that field.
- Received a letter from the auditors asking about pending litigation. We still have the Jefferson Health pending so there are no real changes.
- Ballfields: Falcon baseball has priority over scheduling the fields. Open fields can be used by anyone. There was a question about insurance/indemnification. The general statement is that the Village has immunity. There are some municipalities that do require insurance for organizations. Insurance policies that are taken out should list the Village as covered by the policy. As far as Falcon Baseball goes, they don’t have authority over the scheduling of the fields. They have priority in the scheduling. They may want an online scheduling program to help avoid conflicts in the use of the fields. Falcon Baseball cannot require anyone else to purchase insurance. Casual use by residents do not require insurance.
COMMUNICATIONS:
- There will be a quarter auction on May 7th at the Wandle House with the doors opening at 10:30. The auction will begin at 12:00.
VILLAGE ADMINISTRATOR: Mike Miller
Council received the Village Administrator’s report last week to review. Administrator’s report for period: 4/19/2022 thru 5/2/2022
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to accept the VA’s report as written and emailed to Council and to enter it into the record of tonight’s Council meeting. The vote: All yes.
Electric Building: Plans were submitted to the Stark County Building Department. There was a list of 9 or 10 items that needed changed/added. #8 was a sprinkler and a brick fire wall. After a discussion with them, it was allowed to be removed from the list.
Planning Commission: The map is going to be changing and Council needs to make a motion to hold a meeting.
Paving: The engineers did partially what we asked. The drawings don’t include the intersections, but the quantities are there for them. I am requesting that Barber Street to be pulled off the list. I would also like to add 1st Street between Lincoln and Washinton. This would cost between 6-10K and could use the Street Resurfacing Fund. I am trying to hold back the match for Park Drive.
Council Member Hilliard had a conversation with someone about running sewer out to Baylor Beach. Council Member Hilliard also asked about the pole on Majors property. VA Miller stated it was either an MCTV or Frontier pole. There was also a discussion on vacating alleys. VA Miller stated the Village doesn’t want to give away a right of way only to have to get it back at a later date by eminent domain.
Administrator’s report for period 4/19/2022 thru 5/2/2022:
Electric Building – Bidding.After the April 18th Council Meeting, I touched base with Law Director John Anthony. While a ¾ vote is required for suspension of the rules requiring three (3) readings, to pass an ordinance as an emergency AFTER three (3) readings only requires a 2/3 vote. The Law Director indicated that since two (2) ordinances were passed with four yes votes from Council, and the reasons for the emergency were stated in the text, as well as Council was aware of the emergency nature, his opinion is that the ordinances which were read three times and passed, became effective on passage. That included the Electric Building ordinance to advertise and receive bids. The plans have been submitted to Stark County Building Department for approval prior to advertising for bids to avoid change orders caused by additions/changes by the Stark County Building Department review process. There have been preliminary comments, which are being addressed. The revised plans will soon be resubmitted to Stark County Building Department for approval.
Depending on how quick we can get approval from the Stark County Building Department, the tentative schedule is:
- April 26, 2022 first advertisement (depends on when Stark County Building Department completes their review. Could be pushed back)
- May 2, 2022 second reading of ordinance authorizing lease with Brewster Dairy
- May 2, 2022 first reading ordinance awarding contract
- May 3, 2022 second advertisement (depends on when Stark County Building Department completes their review. Could be pushed back)
- May 16, 2022 third reading of ordinance authorizing lease with Brewster Dairy
- May 16, 2022 second reading ordinance awarding contract
- May 17, 2022 open bids (depends on when Stark County Building Department completes their review. Could be pushed back)
- May 24, 2022 recommendation to Council (depends on when Stark County Building Department completes their review. Could be pushed back)
- June 6, 2022 third reading ordinance awarding contract
- June 6, 2022 award contract? (depends on when Stark County Building Department completes their review. Could be pushed back)
It was bought up at the April 18th Council Meeting why it took 14 months to get from entering into contract with Engineering Associates for design to authorizing bidding. Without going through the hundreds of e-mails and steps between February 1, 2021 and last night, I can provide a summary. The process included separate tracks, sometimes concurrent and sometimes in sequence, for:
- determining to build one building instead of two, putting us a couple of steps back
- finding a location for the electric building
- clearing with US Corps of Engineers
- ultimately coordinating and clearing location with AMPT – not completed until December 16, 2021
- coordinating/negotiating for additional leased land from Brewster Dairy
So, the highlights are (numerous meetings and phone calls and hundreds of e-mails):
- February 1, 2021 - ordinance passed to enter into contract with Engineering Associates to design two (2) buildings: Electric and Street
- April 27, 2021 – by this point option was being explored to instead of two (2) buildings build just one for the Electric Department. E-mail went out to Council regarding four (4) options
- Explored options, including meeting with US Corps of Engineers
- May 17, 2021 – by this point option was chosen to locate new Electric Building at Substation
- Began amending agreement with Engineering Associates
- Began review with AMPT and GPD to ensure that the location we pick for the building at the substation will not impede a future ring bus in front of the substation.
- May 26, 2021 - preliminary drawing from Engineering Associates. Village responds same day.
- June 1, 2021 - meeting with Engineering Associates.
- June 8, 2021 - checked with Courtney and Associates whether projected cost would affect electric rates. (No)
- June 17, 2021 - Engineering Associates submitted revised plan.
- August 3, 2021 - revised agreement with Engineering Associates to Council and Law Director
- August 4, 2021 - requested Engineering Associates compare cost of pre-engineered steel building versus wood frame
- Location “finalized” with AMPT, GPD, and Village
- August 24, 2021 - meeting with AMPT at substation regarding ring bus layout as it affects electric building and access
- August 25, 2021 - met with Brewster Dairy regarding needing to acquire addition property for electric building.
- August 26, 2021 - new agreement with Engineering Associates approved
- August 26, 2021 - Brewster Dairy verbally approves location
- September 1, 2021 - “finalized” terms with Brewster Dairy re lease
- September 2, 2021 - inform Council new location requires survey
- September 14, 2021 - GPD provides sketch of area to be surveyed
- September 15, 2021 - AMPT agrees with location
- October 11, 2022 - GPD provides CAD drawings of substation to AMPT
- November 4, 2021 - AMPT provides ring bus layout update
- November 15, 2021 - meeting with Engineering Associates
- December 3, 2021 - Village meets with AMPT at substation to review/discuss issues with ring bus layout regarding electric building and access to substation
- December 16, 2021 - GPD completes review of updated ring bus layout on behalf of the Village. Based on review new ring bus layout is approved.
- December 21, 2021 - HVAC update from Engineering Associates
- January 4, 2022 - survey completed
- February 22, 2022 - full plan set to Village from Engineering Associates
- February 22, 2022 - Village informs Engineering Associates to revise HVAC
- February 24, 2022 - inform Council of revision
- March 1, 2022 - final plans from Engineering Associates
- March 21, 2022 - first reading of ordinance to advertise and receive bids
- April 4, 2022 - second reading of ordinance to advertise and receive bids
- April 7, 2022 - receive engineer’s estimate
- April 18, 2022 - third reading of ordinance to advertise and receive bids – passed as emergency (note: Law Director notes that ORC Section 731.30 requires 2/3 for passage., so with 4 out of 6 Council met that requirement)
- April 18, 2022 - first reading of ordinance authorizing lease with Brewster Dairy
Remember, those are the highlights. Village business on a number of issues involves a LOT of steps/interactions/planning/negotiating/communications and work than may be evident to Council in condensed into e-mails and/or VA reports. Think of what Council sees is the tip of the iceberg, with the vast percent not visible.
Electric Building – Lease. The location identified for a new building to house the equipment and offices of the Brewster Electric Department is adjacent to the Brewster’s Electric Substation, on property, which is also owned by Brewster Dairy, Inc. It will be in the pine trees north of the existing leased area. Brewster Cheese was agreeable to a lease for the area, and that location does NOT interfere with AMPT’s second feed and associated ring bus into our substation. This location also all electric together.
A lease has to be entered into between Brewster Dairy, Inc. and the Village. Brewster Dairy Inc. has agreed to lease an area 80 feet by 200 feet to the Village for a period of 50 years at $1.00.
An ordinance needs to be passed authorizing the Mayor execute an appropriate lease agreement, in accordance with the lease and exhibit of the area to be leased that has been prepared/reviewed by the Village of Brewster’s Law Director.
The ordinance will need to be passed on an emergency basis prior to awarding a contract for construction of new building to house the equipment and offices of the Brewster Electric Department.
Filter Media Replacement Project. Work continues with the Filter Media Replacement Project. We are moving forward with replacing all the internals on Filters #1 - #3 based on the inspection on Filter #1. 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.
Water Department – Water Line Replacement on Barber. We recently wrapped up a water line replacement project on Barber Street NE. The water line that was replaced was approximately 60 years old. It was replaced from mid-block between Jackson and Walhanding to Mohican, which is 395 feet. It was 4-inch cast iron line. It was replaced with a 4-inch line (plastic). We also had to switch over eight (8) services. The process took almost two (2) weeks, partially because of weather. In addition to the employees of the Water Department, the Street Department and Electric Department also participated in the project. The trench will be patched/paved in a few weeks once it has settled and asphalt is available.
Water – Water Transmission Replacement & Improvement Project – OPWC Application and Engineering.
The Mayor, Water Superintendent Mike Maybaugh, and I met with CT Consultants Thursday March 10th to establish a scope of services for what we are calling the Brewster Water Transmission Upgrade Project. We discussed this project at the Public Utilities Committee Meeting March 7th. We are still awaiting a formal response
The project deals with recommendation 1A and 1B in the Water Modeling Report completed by CT Consultants.
Proposed Project 1A deals with:
- replacing the “transmission line” coming from the plant down 4th Street to Wabash (1940s +/-) with a 10-inch line. The current line is 10-inch from Lincoln to Washington and 4-inch from Washington to Wabash (1690 feet)
- Replacing the transmission line on Wabash from 4th to 2nd Street (1960s +/-) (1,150 feet)
- 2840 total feet replaced
Proposed Project 1B deals with:
- replacing the 6-inch water line on Lincoln from 4th Street to 2nd Street (1960s +/-) with an 8-inch line (775 feet)
- replacing the 6-inch line on 2nd Street from Lincoln to Wabash (1940s +/-) with an 8-inch line (1,700 feet)
- replace the water line on Wabash from 2nd to 1st (1960s +/-) with an 8-inch line (360 feet)
- replacing a portion of water line that used to run to the old water tower from 4th Street to 5th Street on Washington (age unknown, but the North Water Tower was built in 1949) (375 feet)
- 3210 total feet replaced
The scope arrived at this morning is a hybrid of 1A and 1B, improving the transmission grid, providing mire redundancy, and reducing the maximum size from 10-inch to 8-inch (NOTE: 10-inch is more expensive due to it being a special size). The proposed scope now:
- replacing the “transmission line” coming from the plant down 4th Street to Wabash (1940s +/-) with a 10-inch line. The current line is 10-inch from Lincoln to Washington and 4-inch from Washington to Wabash (1690 feet)
- replacing the 6-inch water line on Lincoln from 4th Street to 2nd Street (1960s +/-) with an 8-inch line (775 feet)
- replacing the 6-inch line on 2nd Street from Lincoln to Wabash (1940s +/-) with an 8-inch line (1,700 feet)
- replacing a portion of water line that used to run to the old water tower from 4th Street to 5th Street on Washington (age unknown, but the North Water Tower was built in 1949) (375 feet)
- 4540 total feet
By creating the hybrid, we eliminate the need to replace the transmission line on Wabash from 4th to 2nd Street (1,150 feet) and replace the line on 2nd Street (which even if we choose the original Plan 1A would need to be replaced as well). The goal is to have plans complete prior to the OPWC deadline for 2022 applications to get the 10 points, and to if successful fund the Village’s portion from an OWDA Loan.
I have been doing more work on getting our Water Transmission Replacement Project in a position where it can be Brewster’s primary OPWC application for 2022.
I have received a formal engineering proposal for the Water Transmission Replacement Project. The highest ranked firm was/is CT Consultants. The amount is not to exceed $72,000.
Also, I have discussed with Kris getting the engineering plans financed through an OWDA loan to preserve our cash balance in the Water Fund.
Normally the deadline for OPWC Application is mid-September. This Water Transmission Replacement Project is going to take time, including needing surveying to be able to get plans completed. As I have communicated to Council before, having completed plans is important in the OPWC process, because the Village will get 10 points in the scoring process if we have completed plans.
I would request that legislation be passed on an emergency basis so that CT Consultants can get the surveying and engineering complete to meet the mid-September deadline for completed plans to turn in with the Village’s OPWC Application.
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.
Electric Power Purchase - 1 or 2 MW Off-peak Block of Power for 2025-2028. On August 16th Council passed an ordinance to buy a 1 or 2 MW off-peak block of power for 2025-2028 to hedge our bets, IF NEEDED in the future, due to market changes. We are still attempting to move forward as the cost of a 1 MW block or a 2 MW off-peak block for 2025-2028 continues to rise. I will keep Council Informed.
Electric Department – New 7th Street Line. Now that thetransfer bus has been completed, we will soon start on the new 7th Street Line.
AMI Project – Wrap Up and Close Out. The Village isstill waiting for delivery of some meters. And we are still assuring that we have accurate numbers per the bid. All other work set forth in the contract will be complete by May 31, 2022. I will keep Council informed.
AMPT – Brewster Second/Redundant Transmission to Substation.On Thursday April 14th an AMPT Meeting was held virtually. Information specific to Brewster’s second transmission line to its substation included:
- 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
AMP – Regional Information Meeting. I plan to attend an AMP Regional Power Supply Conference in Hudson, Ohio on May 24th. Subjects are going to be:
- Energy Markets, Capacity, and Transmission Update - The current state of the natural gas, energy, and capacity markets and key trends influencing the future.
- Power Resource Update - An overview of current and future power supply resource options.
- AMP Services - An overview and update on AMP services and initiatives
OPWC Small Government Funding. In keeping Council informed about our two (2) OPWC Small Government applications, I received our draft composite scores for our OPWC Small Government submissions. As a reminder, our two (2) projects submitted for OPWC Small Government funding are Tuscarawas/Pinewood/Locustdale Water Line Replacement Project and Park Drive Phase 1 Project. I have reviewed both scores, and I am satisfied with how they were both scored. There was only one deviation from the Village’s self-score, which was justified.
At this point OPWC Small Government is:
- unable to provide us with an average score or how your score compares to the other project applications’ scores.
- Noted that a prior year’s “cut-off” score is not an indication if your project application will fall within or below the funding range. No two funding years are alike considering methodology changes, the amount of requested assistance of competing applications, and amount of available assistance. This means that even though I know what both our scores are, and I can look at what score the cut-off was in 2021 (or 2022 or 2019), I/we should not use that to project whether our projects are funded.
- The OPWC Small Government Commission’s virtual meeting to approve projects for funding is scheduled for May 12, 2022.
- Meeting information will be posted at https://pwc.ohio.gov/Programs/Infrastructure-Programs/Small-Government#5627-commission-information.
- This meeting will not address individual projects, but rather provides for a vote on the Administrator's recommended slate of projects in its entirety.
- The spreadsheet of projects with results will be posted at https://pwc.ohio.gov/Programs/Infrastructure-Programs/Small-Government#5629-project-slates immediately after the meeting.
- Projects above the FUNDED line indicate projects are funded and those below the line are arranged in order of the SG Commission’s tie-breaking policy should additional funds become available prior to the Commission’s cut-off date, which will be set for some time in Fall 2022.
So, bottom line we will find out if one (1) or both of our project submissions are funded after the OPWC Small Government meeting on May 12, 2022.
Planning Commission Meeting April 21, 2022. The Planning Commission met Thursday April 21, 2022 at 7:00 pm in Council Chambers at Brewster Village Hall at 302 South Wabash Avenue, Brewster, Ohio. At that meeting, the Planning Commission considered a zoning map amendment initiated by Brewster Council to rezone 125.27 acres (parcels 7001381, 7001383, 10013711, and 10013712) from I-2 Heavy Industrial to A-1 Agricultural. In general terms the area being considered to be rezoned is bounded by the Wheeling and Lake Erie Railroad Tracks on the north side, the Village corporation limits on the west and south side, and west side of the levee on the east side.
The Planning Commission recommended to Council that the proposed zoning map amendment to rezone 125.27 acres (parcels 7001381, 7001383, 10013711, and 10013712) from I-2 Heavy Industrial to A-1 Agricultural.
Council now needs to create legislation and schedule a public hearing to consider and adopt/reject the Planning Commission’s recommendation.
Zoning Board of Appeals Meeting – May 19th, 2022. A meeting of the Brewster Zoning Board of Appeals has been scheduled for Thursday May 19, 2022 at 7:00 pm in Council Chambers at Brewster Village Hall at 302 South Wabash Avenue.
The first application is for a variance(s) being requested for parcel 7001582, lot number 1849, which concurrently faces Walhanding, Barber, and Mohican. The parcel is zoned R-3 and is owned by Eric and Catherine Hardman. The variance(s) is (are) from Brewster Codified Ordinance § 153.019 (U) which provides in relevant parts:
(1) (a) Fences, walls and hedges may be permitted in any required yard, or along the edge of any yard, provided that no fence, wall or hedge along the sides or the front edge of any front yard shall be over two and one-half feet in height.
(2) “Fences, walls, and hedges must be built with a minimum of a two-foot setback from the rear and side yard property lines, except that this requirement may be waived in writing by the adjacent property owner.”
The request is for variances is from the front yard height requirement on Barber (front yard) from two and one-half feet in height to six feet, and on Mohican two and one-half feet in height to six feet.
The second request for a variance(s) is for parcel 7001458, located at 549/551 Mohican Ave NE. The application was filed by the owners Bryan & Jeanette Treisch. The request is for a variance is from the R-3 Zoning minimum eight (8) foot side yard setback to four (4) feet from the south property line.
The third application is for an additional sign for Parcel 7000735, located at 210 Wabash Ave S. The application was filed by LetterGraphics on behalf of the owner Consumers National Bank. The B-2 Zoning, in which parcel 7000735 is located, establishes for signs that:
One exterior business sign may be erected which advertises a business or service conducted upon the premises and/or advertises products, merchandise or commodities stocked and sold on the premises. Such sign shall be affixed flat against the wall of the business or may project therefrom not more than five feet. The bottom of a projecting sign shall be at least ten feet above the finished grade of the building. Projecting signs shall not be over 12 feet in height, and in no case exceed the district height regulations, nor shall exceed 50 square feet per side in area. No sign shall project into the right-of-way of any dedicated street.
The requested variances are for:
- a variance for one (1) additional two (2) sided sign, and
- a variance from any applicable setbacks, and
- a variance from Codified Ordinance 153.216 (B)(5) which requires 10 feet from ground to bottom of sign. They are asking for a 52-inch variance from the height requirement, and
- a variance for square footage, as Village Ordinance allows a maximum of twenty (20) square feet. They are asking for an exception for an additional 4.5 square feet, and
- a “changeable message center”, per codified ordinance 153.221(A)(21) is not permitted in the B-2 Zone nor permitted for a bank. A variance is requested to permit a “changeable message center” sign.
The fourth application is for a variance for parcels 7001116, 7001117, 7000247, 7000248, 7001180, 7000502, and 7001294 which front Wabash Ave S and 7th Street SE. The application was filed by Brewster Cheese. The zoning of the lots/parcels is I-1. The setback in an I-1 pursuant to Codified Ordinance 153.178 is “Minimum Front Yard Depth – One Hundred (100) feet”. The request for variance to permit a building expansion project with a 25 ft front yard setback on both 7th Street SE and Wabash Ave S.
Safe Routes to Schools Path – 7th Street. It has been suggested more than once at Council Meetings that the Safe Routes to Schools Path on 7th Street from Park Drive to Amherst needs to be improved from limestone to a hard surface. While the Village will have to wait to improve the portion of the SRTS Path on 7th from Park Drive to Dartmouth until the poles can be moved, it occurred to me that there are no impediments to improving the SRTS Path from Dartmouth to Amherst. I therefore have solicited quotes to improve the SRTS Path on 7th from Dartmouth to Amherst. I have received a quote, which is attached. I am waiting for a second. The quote should give Council an idea of the cost, and opportunity to begin improving the SRTS Path on 7th, and most importantly identify where Council is going to pay for the improvement from.
Donation of Park Bench – Bimeler Park. An offer of a donation of a park bench has been processed through the newly adopted Donation Policy process. A cut-sheet for the park bench was forwarded to Council. Our donation Policy states that:
The appropriate Village entity/individual shall review every donation and determine if the benefits to be derived warrant acceptance of the donation.
Based on the value of the designated donation offered as outlined below, the appropriate Village entity/individual to review said designated donation was the Village Administrator. However, since the donation was for use in the parks, in addition to the VA the donation had to be reviewed by:
… the Mayor, the Chairman of the Building, Parks, and Grounds Committee, and the applicable Village Department Head (Street Department)
… the Mayor, the Chairman of the Building, Parks, and Grounds Committee, and the applicable Village Department Head (Street Department)
It has been agreed to accept the donation of a bench, per the description forwarded. It was also determined to prepare a concrete slab on which to place the bench, as well as a short concrete path/walk to allow for better maintenance and to encourage use. So, the Village is in the process of preparing a location to place the bench, in a spot that has close proximity to Just Ice Cream (per the donor’s request). Once that has been completed, we will be ready to place the bench.
The Donation Policy also requires that the VA “advise Village Council of the donation within thirty days of accepting the donation.” You are so advised.
Natural Gas Aggregation Program. The Mayor and I met with Independent Energy Consultants (our “consultant”) regarding the Village’s 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 is IGS.
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 next step is for Council to pass an ordinance authorizing a Contract with Independent Energy Consultants (IEC) for the Village Residents’ Natural Gas Aggregation Program Consultation & to Authorize the Mayor and/or Village Administrator to enter into a Supply Agreement with a Certified Supplier for 2022-2025 or 2022-2026. Also, I would request that Council suspend the rule requiring three separate readings and bring the legislation forward for passage on an emergency basis as the prices/adder quoted expires in thirty (30) days and to assure the Village is in a position to strike the “market” portion of the natural gas aggregation portion of the price as soon as possible, as the natural gas “market” price portion of the total price is VERY volatile.
Rather than pass the ordinance on an emergency basis on its first reading at the next Council Meeting May 2nd, I recommend that Council give it a first reading at that time and pass it on an emergency basis on its second reading at its May 16th Council Meeting, which is the last meeting that falls within the thirty (30) day period the adder quoted expires.
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.
Storm Drainage Projects. The current list of storm sewer projects in their priority order, with updates on their status:
- East Main Street Drainage. Project has begun and will continue as weather permits.
- Dartmouth/Amherst relief line. Survey and legal description have been completed. Working on getting the property owners to sign the easement and have the easement recorded.
- East end of 1st Street SE. Will have to coordinate with US Army Corps of Engineers.
- Open ditch east of Mohican. We are consulting with Stark County Soil & Water.
- Drainage from Harmon west of 264 Harmon. First step - survey needs to be completed.
- 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.
Efficiency Smart – E-newsletter. Every resident who signs up for Efficiency Smart’s e-newsletter will receive one entry into a drawing to win a $100 visa gift card (three winners) or a $50 visa gift card (four winners). In addition, residents can earn a bonus entry for each person from your community that lists them as a referral.
- May is Motorcycle Awareness Month in the Village of Brewster.
- Grace Church of Berlin will have park clean-up in Bimeler Park on May 7th. There will be 8 people from 9:00-11:00am. I would like Council to consider a donation for their help down the road.
- I would like to recommend the appointment of Cody Owens to the fire department pending a drug screen, background check, and physical. I have not been able to meet with Jacki Hickman but have a meeting schedule for this Wednesday.
VILLAGE CLERK-TREASURER: Kris King
- May financials and year-to-date reports.
- I am requesting Council to review and sign the check register for this set of bills.
- We received an email from Stark County School Council of Governments concerning insurance rate increases for July 1, 2022 – June 30, 2023. They are expecting a 7.35% premium increase in medical/prescription drug plans. Dental and Vision has stayed the same. We are expected to receive only one month of holiday for this period. There are also several changes in the policies. The COG reported approximately $30 million in COVID related claims in the last 12 months. Final determination of the rates and changes will be determined at the June 16th meeting.
- Charles E Harris and Associates were in April 4-8. The majority of the audit is complete, but they will be sending one or two people back for one or two days of work in order to finish up. The audit went very smoothly with everyone chipping in to help one another.
- BWC was in on April 27th for an audit. The Auditor showed me that even though the reports ask for “gross” wages, I should not include the 457 Plan deductions and the Cafeteria 125 Plan deductions in the “gross”. The Village will be receiving a refund check for the difference. I also learned that Volunteer Firemen have to be reported at a minimum of $300 per year.
- I attended the Attorney General’s Public Records class virtually on April 21st. This will satisfy Council’s, the Mayor’s, and my requirement for the 2021-2022 period. It will also help to increase our stars with the Auditor’s Office. We scored three stars on the last audit for public records. Four stars is the maximum earnable on the website. We were one of only a few communities earning this distinction. I am waiting for the audit to be complete to see how many stars we earn this time.
- I attended the Ohio Association’s Hot Topic seminar April 28th and 29th. This was in Bellville Ohio. Topics included the tax implications of employees working from home and the changes to the current work force because of it.
- The 14th Annual Zachary Grass Golf Outing is July 16th. Does Council want to sponsor holes again this year. We usually do one from the Village of Brewster and one from the Brewster Police Department. The holes are $75 each. Funds help support a scholarship fund.
- I have an estimate for holiday lights for the new light poles. For 36 poles, the cost of everything required to match the other poles would be $8422.00 plus shipping. Please keep in the back of your mind for now. I’ve haven’t had the opportunity research where to take the funds from.
- APRA Reporting was due on April 30th. I participated in two more webinars since the last meeting to make sure everything was correct. I submitted the report on the 27th.
- I was finally able to get to someone that could help me from the IRS last Monday. I spent 6 hours on the phone either on hold or talking to three different representatives. After faxing another Schedule B, the last representative stated to the best of his knowledge the debt of $4,497.58 would be erased with the exception of a possible $38.63. He could not give me an explanation of what the $38.63 was for but after all I have gone through to get this corrected, I can live with that.
- Public Auction: I am asking for a motion declaring the dump truck, truck cap, old phones, and old Village Hall generator no longer needed so they can be put up for public auction.
- Would Council like to participate in the Ambassador Company’s book program? The cost would be $698.00.
- Community Room committee meeting minutes from April 26th were in Council’s mailboxes.
VILLAGE SPEAKS (Communications received by Council Members from Village Residents):
- None.
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.
- Planning Commission meeting on April 20th to discuss several zoning requests.
- Council of the Whole met to discuss several pending proposals and the water projects.
PENDING EXPENDITURE REQUESTS:
- Christmas decorations for the new light poles at $8,422.00.
- 2 Recliners for the Fire Department at a cost of $1,900.00
- 2 Mattresses for the Fire Department at a cost of $880.00 less a $44.00 discount.
- 2 mattress covers at a cost of $70.00.
PENDING PROPOSALS FROM PAST MEETINGS:
- Proposed changes to the pool filling ordinance/moratorium.
- Zachary Grass Golf outing hole sponsors for Village and the Police Department.
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 RADICH and motion carried to create legislation to rezone 125.27 acres of land encompassing parcels 7001381, 7001383, 10013711, and 10013712 from I-2 Heavy Industrial to A-1 Agricultural as recommended by the Planning Commission at their April 21, 2022 meeting ad to schedule a Village Council Public Hearing at 6:45 pm on the evening of the scheduled third reading of that legislation. The vote: All yes.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to create legislation to adopt Rules and Regulations for the use of the new Community Hall and adjourning kitchen area. The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to approve the Mayor’s appointment of Cody Owens as a probationary firefighter of the Brewster Fire Department pending an appropriate physical, background check, and drug screen. The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to sponsor two holes at the Zachary Grass Scholarship Fund Golf Outing on July 16th. The first hole on behalf of the Village Police Department with $75.00 from the General Safety-Police Fund and the second on behalf of the Village residents with $75.00 from the General Fund. The vote: All yes.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to close the alley behind the Moose for the 2022 Firemen’s Festival. The vote: All yes.
COUNCIL MEMBER LONG MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to purchase two mattresses and two mattress covers for a cost of 906.00 from the Fire Income Tax Fund. The vote: Radich, yes; Schwab, no, Fox, yes; Hilliard, no; Long, yes. Motion carries.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to remove Barber St. from the paving list and to add the back Second St. alley. The vote: All yes.
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to declare the dump truck, truck cap, old phones, and old Village Hall generator no longer needed and sold by public auction. The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to schedule a Village wide clean-up for the August 19th and August 22nd. The vote: All yes.
Chief Colucy stated that he was getting requests for pool water and needed to know what to tell people. There is currently a moratorium on delivering pool water since the problems last summer.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to lift the moratorium on delivering pool water by tanker to Fire Department members’ pools only. The vote: All yes.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to adjourn the meeting at 8:10 pm. The vote: All yes.
Respectfully submitted,
Kris King, Clerk-Treasurer
Charles Hawk, Mayor