September 3, 2019 - Meeting Minutes

September 3, 2019
7:00 P.M.
Brewster Village Council met in regular session with Mayor Mike Schwab presiding.
Council Members bowed their heads for the invocation provided by Clerk-Treasurer
Kris King followed by the Pledge of Allegiance.
Mike Schwab, Mayor
Dale Fox, Council Member                           David Godwin, Council Member               
Chuck Hawk, Council Member                     Andrew Hess, Council Member                 
Thomas Hilliard, Council Member                Sydney Radich, Council Member              
John Anthony, Solicitor                                  Kris King, Clerk-Treasurer
Michael L Miller, Village Administrator
Mayor Mike Schwab asked if there were any additions or deletions to the August 19, 2019 Council meeting minutes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to accept the minutes as presented.  The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to accept the bills in the amount of $ 115,247.44.  The vote: All yes.
Ray Heitger, 317 East 7th Street, asked if Council was aware that Trick-or-Treat and the Fairless Football parade and rally were at the same time.  He asked whether Council wished to change the date.  Mayor Schwab asked Council to think about what they wished to do, and it could be discussed at the end of the meeting.
Brett Long thanked Council for the donation to the Fairless Soccer Club and for taking care of the bees on the field.  He had received a complaint that trash was being left on the fields after practice and assured council that he had spoken to the coaches and this would not happen anymore.  Mr. Long reported that the concession stand had been vandalized and wanted to know who should clean it up and how the mess should be cleaned up.  Someone had discharged a fire extinguisher and sprayed all over the inside of the building.  Councilman Godwin stated there were two brand new refrigerators and a new stove in the concession stand that should be taken care of.
Police Chief Keith Creter, Robert Bloom, Jerry Weaver, and Joshua Bowen of the Independent Newspaper were in attendance.
CONSIDERATION OF ORDINANCES:  Titles of each read by Solicitor John Anthony
ORDINANCE 63-2019:An Ordinance Authorizing the Adoption of a Village Petty Cash Policy was given third reading.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to pass the legislation as presented.  The vote: All yes.
ORDINANCE 64-2019:An Ordinance Authorizing the Adoption of a Village Cash Drawer Policy was given third reading.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to pass the legislation as presented.  The vote: All yes.
ORDINANCE 65-2019:An Ordinance Authorizing the Establishment of Village Petty Cash Accounts was given third reading.  Councilman Godwin asked if the original amount would be enough and VA Miller replied it was sufficient.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to pass the legislation as presented.  The vote: All yes.
ORDINANCE 66-2019: An Ordinance Authorizing the Establishment of Village Cash Drawer Accounts was given third reading.  Councilman Godwin asked if the original amount would be enough and VA Miller replied it was sufficient.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to pass the legislation as presented.  The vote: All yes.
Third Reading: An Ordinance Authorizing a Contract for the Installation of Material and Equipment for the Southside Substation Upgrade Project.   Council was asked to table to allow rebidding of the project.  The bids came in at over 15% of the estimate due to additions to the scope of the project and Ohio Revised Code prohibits the bids from being accepted at more than 10% over the estimate.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to table the ordinance until the bidding process is completed with a revised estimate.  The vote: All yes.
Second Reading: An Ordinance Authorizing an ODOT Resurfacing Agreement for State Route 93 north of Harmon Street in 2021.
First Reading: A Resolution of Supplemental Appropriations for 2019.
First Reading:  An Ordinance Authorizing the Amendment to Ordinance #28-2019 – 2019 Appropriations.
Intro by Mayor: First Reading – An Ordinance Authorizing Contract w/Architect for a Fire Building Expansion Project.  Council will be asked to consider under Emergency on September 16th.  Council Member Hilliard asked why this would need to be considered under emergency.  VA Miller stated they need to get it moving in order to get it out for bid and for other safety reasons.
Intro by Mayor: First Reading – A Resolution Authorizing the Creation of a Fire Income Tax Fund.
Intro by Mayor: First Reading – An Ordinance Authorizing a Modification to Sewer Rates and Fees. (Draft based on the consultant’s recommendations).  Mayor Schwab also noted that if Council wished to follow the recommendations for the sewer rates, they may want to consider a separate ordinance for the recommended reduction in for the water rates also.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to untable an Ordinance Authorizing a Reimbursement for Use of their Cell Phones to Elected Village Officials taking Office in 2022 & 2024 that was tabled at third reading on August 19, 2019.  The vote to untable: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion failed to pass the ordinance as presented.  The vote:  Hilliard, yes; Radich, no; Fox, no; Godwin, yes; Hawk, no; Hess, yes.  Mayor Schwab broke the tie with a no vote.  Council Member Hilliard read the names of to communities similar in size that were paid an annual salary of $5,200 and one that paid $3,500 for being on Council.  He then stated that we have to give something in order to get qualified people to run for Council seats in the future.  (Note: Brewster Council salary is $2,400).
A. FIRE DEPARTMENT:  Chief Chris Colucy (excused)
  1. Ohio Billing reports that ambulance run revenue in August was $ 20,317.25.
  1. August PD Report, August Arrest Report, and current PD Roster List - all emailed to Council.  There are 886 calls through August.
  2. PD’s Annual “Fill the Safety Vehicles” will be October 12, @ Belloni’s. All items collected go to the Fairless Food Cupboard.
  3. Council Member Hilliard asked if the Chief had any recommendation for trick-or-treat?  Chief Creter stated he would have coverage for whatever date Council chose.  It did not matter to him.
  1. Solicitor Anthony reported on the litigation concerning 287 Wabash Ave S.  There has been no activity on the docket, and it looks as though the Village will have to fulfill the court order to secure the house and assess the property owner for the work.
  2. There have been 2000 lawsuits against the opiod manufacturers in the state of Ohio.  Of those 2,000, 87 are municipalities and 50 are counties.  Attorney General Yost wants the state to take over the claim and step in as plaintiff.  Governor DeWine has objected.  The state does not have a good record of appropriating the money where it has been proposed to go.
  3. Waynesburg is another Village that Atty. Anthony has been the Solicitor for many years.  He stated that a cemetery has been a good thing for the village.  The benefits have accrued over the years, but it has not been free of disputes or problems though.
  1. OML Annual Conference on October 23-25 in Columbus at the Renaissance Hotel; Registration Deadline is October 14; Cost for 3 days = $ 250 + Hotel cost           (Council copy)
  2. Jackson Township is offering a Zoning Training Workshop on 11/07 for $ 20 (Council copy)
  3. AMP Magazine – “What is driving your Power Supply Costs?” (Council copy)
  4. Council Member Hilliard reported a flyer he received from Camp Wanake.  They are offering Fall Horseback Riding Lessons at Wanake Ranch.  Ages 3 – Adult.  They start Sept 10th.  Call to register.  They are also having a free Fall Festival at the ranch Sept 28th and Oct 5th from 2-5pm.  No reservations required.
Administrator’s report for period 8/20/2019 thru 9/3/2019:
  • Electric –Substation Upgrade/Expansion. We opened bids on August 22nd for the Substation Upgrade and Expansion Project. The apparent low bid was $1,322,341. Our estimate at the time we went to bid was $1,145,000, date April 9, 2019. So, the apparent low bid was 15.5% over that estimate. I spoke with John Anthony, who confirmed that Ohio Revised Code Section 153.12 (A) requires us to reject all bids over 10% of the engineer’s estimate. We cannot update the estimate after we have opened bids, even though we added work that was not included in the April 9, 2019 estimate.
I have had discussions with GPD. They have updated the estimate based on our final design review meeting held on June 11th, 2019. At that time some work was added to the 69kV line, which included a revised pole line design to enable the potential for a no-outage hot-line cutover and better accommodate a future 2nd 69kV delivery connection included five new poles, removal of an existing pole, and two new 69kV GOAB switches on unitized mounting bases.
Obviously, one of the issues that we wanted to assure was addressed this time was an updated estimate by our engineer, GPD, as required by Ohio Revised Code Section 153.12. We received an updated estimate, which I have provided to Council. To put the latest estimate in perspective, the April estimate was $1.145 million. The previous updated estimate I distributed was $1.292 million. The low bidder was $1.322 million. Our latest estimate form GPD is $1.537 million. It would appear that we shouldn’t have a problem getting a bid that does not exceed the latest estimate by no more than 10%, based on the bids we received previously.
We are prepared to proceed with rebidding the construction portion of the Substation Upgrade/Expansion Project ASAP after September 3, 2019 Council Meeting. The tentative date for first advertisement would be Sunday September 8th, with the second advertisement Sunday September 15th, and the bid opening Thursday September 26th. This would put us in line to have a recommendation to Council for their October 7th, 2019 meeting, where if Council decides to it can award a contract.
I am requesting Council reject all bids for the Substation Upgrade and Expansion Project.
I am also requesting Council authorize rebidding construction for the Substation Upgrade and Expansion Project.
Financing Plan: Financing through AMP has had all the paperwork completed for our first drawdown. We still plan to pay some costs out of our capital funds and reimburse the fund at a later date if necessary.
Site Preparation: We still plan to utilize grindings from the 7th Street project as a base prior to bringing gravel in.
Rate Study: Complete.
I will continue to keep Council informed as to developments. Please feel free, as always, to contact me if you have any questions or need me to obtain any additional information.
  • OPWC Application – Jefferson Ave Sanitary Sewer Main Replacement Project. The Village’s Application for the Jefferson Ave Sanitary Sewer Main Replacement Project was turned in to Stark County Regional Planning on Wednesday August 28th. It is due September 13, 2019.
The engineer’s estimate is $964,244 (with contingency). Adding engineering, construction oversight, and advertising/bidding to the construction cost, the total cost to $1,065,889. We are requesting 49% of the total cost, or $522,285. To maximize our points and increase our odds to receive funding, the request has been split into $312,378 in a grant and $209,907 for a loan (the loan adds four (4) points to our total).

Also, to remind Council, we will be seeking a large percentage of the Village’s 51% match of $543,604 in the form of a Community Development Block Grant.
  • CDBG Application - Jefferson Ave Sanitary Sewer Main Replacement Project. I attended the FY 2020-2022 CDBG Applicant Workshop to begin the process of applying for a CDBG Grant for the Jefferson Ave Sanitary Sewer Main Replacement Project. At this point, the application is 80% complete, and our request will be for $441,959 in CDBG funding. Our match will be the engineering we have already encumbered/spent ($74,805) plus construction oversight and advertising ($26,840). The deadline for submitting an application is November 1st, 2019 at Noon. I expect to have ours submitted much earlier.
I will continue to keep Council informed on the Village’s progress towards applying for a CDBG Grant for the Jefferson Ave Sanitary Sewer Main Replacement Project.
  • Storm Sewers. The Street Department continues to do storm sewer work. We are still completing the work at 7th and Jefferson and extending the collection system to the east.
  • Valuation of Parcel 10010433. The Village received a notice of valuation for parcel 10010433, which is the parcel the solar facility is on that AMP purchased in June of 2018 for $178,619 and donated to the Village.  The Stark County Auditor’s Office has the parcel valued at $194,800.
AMP (and the Village) have received a tax exemption for 7.13 of the 13.7 acres because of the solar field.
The remaining 6.57 acres has a pending request filled with the State of Ohio (through the Stark County Auditor’s Office).
I have filed for an informal review to reduce or eliminate the value. There are two (2) potential ramifications. The first is that as the property was being farmed and had a CAUV status, dramatically reducing taxes, there is potentially a three (3) year recapture based on a new valuation. Second, because the property is owned by the Village, it should be exempt from future taxation.
  • 7th Street – Repair at Levee Gate. The US Army Corps of Engineers has remained in contact with me working to get an arrangement in place to repair the levee gate where 7th Street crosses. The Corps has determined that it cannot having our paving contractor, Superior Paving, perform the work as part of the 7th Street Paving and Rehabilitation Project. They will be soliciting bids for the work in the next few weeks. I will still be in contact to coordinate as best we can with their repair and our paving of 7th Street this month.
  • 7th Street Road Closures/Detour.
Full closure of 7th Street at the culvert immediately east of the levee gate began on July 8th. It is still scheduled to be completely shut down for approximately two (2) months while the Stark County Engineer begins and completes replacement of their culvert. They have indicated they expect to be done the week of September 2nd.
Additional current and future activity on 7th is:
  • US Army Corps of Engineers repairs to the levee gate
  • 7th Street Paving and Rehabilitation. We are still working to coordinate, if possible, for Superior Paving to begin and complete the repairs to 7th Street during or at the conclusion of the Stark County Engineer closure/detour, and then begin and complete milling and paving. HOWEVER, it may have to be a separate closure.
  I remain in contact with all the entities to try to make the scheduling (staging) come together.
  • Efficiency Smart – Refrigerator Rebate.Efficiency Smart has extended the deadline to receive an increased reward for recycling a fridge or freezer through the end of September. Any customer who schedules a pickup of a fridge or freezer through September 30th, even if it is picked up after September 30th.
  • Efficiency Smart – LED Light Bulbs. There are still standard and dimmable specialty LED lightbulbs are available for a limited time for $0.99 each at Belloni Foods. Discount pricing courtesy of Efficiency Smart and Brewster Municipal Electric. Questions? Call Efficiency Smart at 877-889-3777 or visit for more information.
  • Efficiency Smart – Heat Pumps.Efficiency Smart will be launching two new residential rebates in September; a $100 rebate on an air source heat pump, and a $750 rebate on a cold climate heat pump. More information will follow.
  • Mosquito Spraying. The mosquito spraying scheduled for Tuesday August 20th had to be cancelled because of rain. It was rescheduled for Thursday August 29th.
The remaining tentative dates for 2019 mosquito spraying in the Village of Brewster by the Stark County Health Department originally scheduled for Wednesday September 4, 2019 has been moved back to Monday September 9th, 2019.  The dates are tentative and are subject to change due to weather such as wind or rain, just as it was when the Village was spraying. Every effort will be made to reschedule a cancelled date as soon as possible.
  • NatureWorks Grant – Bimeler Exercise Area. As Council is aware, the equipment for the Bimeler Exercise Area has been delivered. The layout has been staked out. We have prepared the area and installed the equipment foundations. The installation of the cement surface is scheduled for August 30th. The installation of the rubberized surface is currently being scheduled to follow.
  • Brewster Cheese – Replacement of Process Water Line. Brewster Cheese needs to repair/replace a process water line that runs under Route 93. The water process line runs underground from their cheese manufacturing facility on the west side of Route 93 to their treatment plant on the east of Route 93. The water process line is clay and failing, and potentially could back up process water requiring treatment in their manufacturing facility. Brewster Cheese plans to replace the line under Route 93 with PVC, and concurrently upsize it from 8 inches to 16 inches. They plan to do so by open cut, requiring shut down of Route 93 for a short time.
The Village has spoken with District 4 previously and has been told that because the portion of Route 93 in question is located within the Village, the Village could allow it, as we are (as opposed to ODOT) are the ultimate authority. The Village therefore has authorized the installation via open cut, subject to Brewster Cheese meeting requirements to make a proper installation that won’t require reopening Route 93 again in the future and proper restoration of the roadway. The Village also is requiring that Brewster Cheese set up an appropriate detour/signage/notification in advance of the closure.
I have reached out one last time to ODOT as the construction is about to start (projected after Labor Day), to confirm that ODOT has no additional requirements (they again confirmed Brewster has the authority but forwarded their backfill requirements) and for ODOT’s assistance in establishing requirements for Brewster Cheese to establish an appropriate detour/signage/notification.  The plan is coordinate the closing with the 7th Street closure for the culvert/paving so that either 7th Street is open for detours OR Route 93 is open.
  • Electric Department – Decorative Lighting Installation on Wabash. The Electric Department has begun work to install decorative lighting on Wabash between 4th Street and 5th Street, matching the lighting to the north.  They have completed installation of the bases and are completing installation of the conduit and related infrastructure to pull wire on the west side of Wabash. They are using the Village’s mole to bore under trees in the tree lawn and trenching in between with a rented trencher. The project is going fairly smooth, with just a few issues such as a downspout that has been filled up with tree roots.
  • Water – Well Cleaning & Rehabilitation. Moody’s of Dayton began cleaning and rehabilitating one (1) of our water wells last week. They will be cleaning, and rehabilitating if necessary, two (2) wells this year. “Servicing” includes at a minimum:
  • pulling the pump
  • cleaning the well
  • inspecting the well
  • inspecting and testing the pump
IF during the inspection anything is identified as needing repair or replacement, there will be an additional cost. The lowest quote we received was from Moody’s of Dayton at $13,600 per well.
I will keep Council informed.
  • Rate Study – Wastewater. Courtney & Associates have completed their review of the Wastewater Department and our current rates and have recommended that action needs to be taken with regard to wastewater rates to keep the fund in a healthy condition. They are scheduled to present their findings to Council at a Public Utilities meeting on September 3rd at 6:00 pm.
  • 287 Wabash. In preparation for the possibility that the property owner of 287 Wabash Ave N does not comply with the Court Order and secure 287 Wabash N, I am soliciting proposals to have the Village secure it so that we are in a position to act as soon as we are able. So that Council is aware, the State of Ohio passed a law a few years ago that prohibits boarding up properties with plywood, so what you will see IF the Village proceeds to do so is a clear polycarbonate material used.
  • Information Bulletin Board – Sabo Park. We were able to get the information bulletin board installed in Sabo Park at the beginning of the disc golf course, and the updated layout of the disc golf course is in it. We have removed the old layout signs and consolidated others, so that the number of posts has been reduced.
  • Repair of Subsidence on Field #3.T & E Excavating & Hydroseeding has reviewed the condition of Field #3 and plans to present options and costs to the Village in the near future.
Council Member Hilliard reported there are high weeds and a dumpster in front of a house at the end of the first block of 1st St SE.
Council member Hilliard said the cement looks good where the exercise equipment is being installed.  There is trash overflowing in the trash can near there.  VA Miller has stated that a resident has been using it for his household trash, but the Village cannot currently restrict such use. We are looking at a way to get communication from cameras to the Police Station for that area.
Council Member Hilliard asked about the status of the fire siren.  VA Miller talked about the equipment Chief Colucy wants installed on Wabash to alert the drivers that there is a call if the siren is no longer used.  It is estimated at $10,000 plus another $2,000 in additional equipment.  Mayor Schwab stated that Council can make the call anytime to eliminate the siren.
Council Member Hilliard stated the number for Efficiency Smart to get the rebate on old refrigerators is 1-844-260-3487.  The refrigerator must be in working order.  Council Member Godwin said that doesn’t matter, they do not check.
  1. Update - SRO Agreement with Fairless for 2019-2020
  • Agreement signed by Fairless and Village Officials
  • The two Village SRO Officers are on duty each School day in Fairless Schools
  1. Letter from Stark County Commissioners: Brewster Municipal Road Fund Allocation
  • County Municipal Road Funds are revenues from Vehicle Registrations received by Stark County
  • Brewster’s current share is 1.36% of each year’s available funds; the 2019 allocation is $ 12,590
  • Elton Street and Seventh Street are eligible for Municipal Road Fund and have been paved several times using MRF dollars
  • To participate each year each municipality may make application for MRF dollars
  • Since the MRF program began Brewster has been eligible to receive $ 489,218 in funds but has received $ 515,509
  • Brewster made no application in 2019 but will receive past allocated funds that have accumulated for paving Elton Street W this year; VA will explain
  1. Village Natural Gas Aggregation Program – 2019 Second Quarter Report
  • Submitted by Independent Energy Consultants – Village’s Program Administrator
  • October 2018 – June of 2019: Averaged 455 residential accounts & 22 Commercial accounts
  • October 2018 – June of 2019: Total saved by the 455 residential accounts = $ 15,306.09
  • October 2018 – June of 2019: Total saved by the 22 commercial accounts = $ 1061.83
4.            Stark County Sheriff – MARCS Radios Policy
  • SCOG has provided a copy of the Sheriff’s Administrative Guidelines for the use of MARCS radios by all Safety Forces in Stark County
  • Copies have been given to the Village Police & Fire Chiefs
  1.           Rehash - Debris Blown onto Village Streets
  • Debris deposited or blown into the street is a problem for storm sewer systems.   Leaves and grass clippings clog both grates and pipes, that can contribute to back-ups or flooding.  They can accumulate in the pipes contributing to a reduction in flow but also cause ponding that will become a breeding ground for mosquitoes.  Also, when the debris makes its way to area rivers and creeks the vegetation will reduce the flow of the waterway and deplete the oxygen available to aquatic life
  • I would suggest that Village Council adopt legislation addressing debris blown into Village Streets; Sample draft language for Council’s consideration accompanies this handout. 
  • Council Member Hilliard
  1. Council Heads Up- Several Projects being Explored         
  • Replacement of Council Chambers Audience Chairs – folding chairs w/padded seats = $ 600
  • Street Dept is soliciting proposals for a three-bay addition to the Street Garage; this would provide ready storage of taller vehicles and for PD vehicles
  1. An Ordinance authorizing Solid Waste Regulations in the Village of Brewster – Defeated 08/19
I would ask Council’s indulgence and patience.  I would like to take a moment to revisit this legislation that was defeated by a 4 to 2 vote on August 19th.  This Council began to look at trash hauling in November of 2018.  Much discussion occurred at a number of meetings.  Current trash haulers that operate in Brewster were polled by the VA to establish what days were appropriate for them to do business in Brewster. A review of solid waste regulations in other communities was made as a comparison to what was proposed.  This resulted in several modifications and drafts and it appeared that all members of Council were satisfied with the contents of the legislation.   
May I note that:                         Currently in Brewster anyone with a truck can be a Trash Hauler that can operate unsafe trucks without any insurance on Village streets at any time of the day or day of the week while spilling or losing waste materials on Village streets without the Village having any ready recourse.
The regulations in the defeated legislation would require Trash Haulers to:
  1. Make application for a permit to operate a business that removes or collects residential solid waste
  2. This Permit would require:
        1. that all vehicles used for collection are in safe operating condition and has equipment
            thereon to meet the requirements of Ohio R.C. Chapter 4513 for operational safety
        2. that permitted trash haulers to post with the Village a $10,000.00 surety bond
        3. that Administrator shall issue to the applicanta permit, valid for one year
4. a certificate of insurance with the application covering public liability & automobile liability in the amounts of $500,000 per person for bodily injury and $1,000,000 per accident for bodily injury & $1,000,000 per accident for property damage
        5. Signage on each trash truck with the company name, as contained on the permit, in
            letter size of not less than eight inches,and a telephonenumber
        6. all Trucks must be equipped to prevent spillage or loss of waste material collected
7. that each residential solid waste hauler shall collect residential solid waste one day perweek.  That day shall be either Wednesday, Thursday, orFriday
        8. that Trash collection may NOT occur between the hours of 11:00 p.m. and 6:00a.m.
9. The Village Police Department to monitor compliance with the VA having the authority             to revoke any permit.  Simply, the Police, the only Village department with the authority to do so, would make sure that a trash hauler’s truck had a valid permit, operates safely and at the proper time and on the permitted days of the week
Would any Village resident object to requiring all haulers to operate safely and responsibly??
May I note that: Currently, residents can use the tree lawn in front of their property to store their trash/garbage in plastic bags 24/7 and 365 days a year.   This makes food readily available for cats, raccoons, rats, and other critters in the neighborhoods in which we all live.   We also have a few residents that use Village and area business waste collection receptacles to dump their household trash avoiding their responsibility for their own waste.
The regulations in the defeated legislation would require that each residential household to:
1. have a contract for the removal of residential solid waste by a private refuse hauler which has a Permit from the Village of the resident’s choice     
                2. place garbage in rigid water and vermin proof containers with securablelids
                3. place residential waste for collection no earlier than 5 pm the day before collection and
                  remove containers from the curb by 7 AM the day after collection
NOT – the Village is not telling what company or companies can operate in Brewster or what company any resident must use for trash hauling
NOT – the Village would not prevent anyone from continuing to use the alley behind their home for trash collection.  The Village would require that each household be a good neighbor that takes responsibility for the waste & refuse that the household produces & places it in a $ 10 hard container.
Would the majority of Village residents object to asking all residents to be responsible for the waste that their households generate??  Council can easily modify these regulations to meet their expectations, but please do not throw out thefavorable along with what is deemed unfavorable.
September 3, 2019:
August Month-to-Date and the Year-to-Date financials.
Fire Pay for 08/11/2019-08/31/209 = $ 2,980.40.
The Resolution Requesting the Creation of a Fire Income Tax Fund that had first reading this evening is only the first step to creating the fund.  Once the resolution has passed, a “Request for a Fund Approval” form will be completed and sent to the State Auditor’s Office, Local Government Services Division.  They will review the request and determine whether is appropriate.  The request is deemed approved if we do not receive a letter disapproving the request within thirty days of the submission.
I am also going to submit a form for a Fire Truck Replacement Fund that had a resolution passed for by Council a couple years ago.  I spoke to State Auditor Yost before he left office and he felt it would be appropriate.  I’ll see if we have better luck this time as they deemed it unnecessary last time I submitted it.
According to the OML, “The Bureau of Worker's Compensation (BWC) Board of Trustees approved cuts to premiums for public employees, who will see premiums drop by an average of 10% in 2020. Cities, counties and school districts are projected to save an estimated $17.8 million.
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
  1. Council of the Whole Meeting Minutes from 08/19/2019 – Fire/EMS Planning
  2. Utility Committee met tonight to review Village Sewer Rate w/consultants: Councilman Fox reported that recommendations had been reviewed
  3. Council of the Whole met tonight to review a Welty Cemetery Proposal:  Councilman Hawk reported that he would like to move on this.  He would ask Council to make a decision on this at the next meeting.
September 16th at 6 pm - Council of the Whole: Fire/EMS Upgrades
September 16th at 6:30 pm - Council of the Whole: Proposed AMP Partners Electric Project
September 19th at 7 pm - Planning Commission Meeting
September 20th at 7 pm – Last 2019 Summer Concert with Tequila Mary – Thanks Recreation Board !!
  1. Fairless Youth Athletic Foundation: Donation request of $500 for the 2019 football players and cheerleaders.
  1. Welty Cemetery Proposal from Welty Cemetery Board: Council met w/Welty Reps on July 1st; had a Council of the Whole this evening at 6:30 pm
  2. VA: Sewer Rate review; meeting w/rate consultant on September 3rd at 6 pm
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to donate $500 to the Fairless Youth Athletic Foundation.  The vote: All yes.  Councilman Godwin appreciated Jason Pumneo attending the meeting personally and explaining how the money would be used.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to approve the fire pay of $2,980.40 from the Fire Equipment Fund.  The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to reject all Substation Bids as the Bids exceeded the engineer’s estimate by more than 10% & Rebid the Construction of the Project with a Bid Opening at 12 pm on Thursday, September 26, 2019.  The vote: All yes.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to have legislation drawn up to reduce the water rates by 10% for 2020 and then return to the annual increase of 2.75%.  The vote: All yes.
Council Member Hilliard asked about a new three stall street garage that was being built.  VA Miller stated he is just getting proposals to present to Council when he gets them.  A Parks, Grounds, and Building Committee meeting was suggested to discuss the concession stand and a better way to utilize the area.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to schedule a Parks, Grounds, and Buildings Committee meeting on October 7th at 6:00 pm.  The vote: All yes.
Council Member Radich asked how to bring the trash ordinance back up for consideration. Councilman Fox stated one of the majority that voted no has to bring it back up.  Councilman Hawk asked that those that didn’t want it passed could explain what they didn’t like about it.  Councilman Hilliard stated people stated, “it was their trash and they should do what they want with it”.  He also had a few that didn’t want to go out and buy two trash cans.  VA Miller stated there are no number of containers, it just had to be a hard container.  Councilman Hawk asked if the haulers furnished cans. Mayor Schwab stated that he had to purchase his own can.  Council Member Hilliard said the person that complained had Miller from Beach City.  Council Member Godwin was also concerned that the lid had to be on it and a resident could get written up a couple days in a row from the police.  The Mayor said that’s not going to happen.  Godwin said then why put it in there.  Mayor said you have to keep it in there to keep the raccoons and other animals out of the trash.  Godwin stated he voted no and he would do it again.  He doesn’t have to explain himself.  Mayor Schwab stated he is just looking for a compromise.  Council Member Godwin said to keep the police out of it then.  Council Member Fox asked if the trash being out would fall under the property maintenance code.  VA Miller stated the process takes too long.  They want to keep people from depositing trash in the park.  Mayor provided pictures taken from around town.  The property maintenance code process was discussed.  The mayor discussed a situation that happened five years.  Council Member Hilliard stated some people say we are creating more problem.  Mayor Schwab said to take the resident restrictions out of the ordinance.  Any unsafe truck can be driving our streets and leaking who knows what on our streets.  The permit makes sure that the drivers are licensed and carry insurance.  Council Member Hilliard stated people don’t want those big Kimble trucks down their streets.  They want the pickup guy to be able continue picking up trash.  Council Member Fox says there are not that many left.
Council Member Hawk brought trick-or-treat up again.  He asked if the Police Chief was okay with both the Fairless football parade and trick-or-treat at the same time.  Chief Creter stated he would have Officers out.  Council Member Godwin stated the football players eat pizza at the Moose then go down to the police station and start the parade about 6.  Council Member Hilliard stated that we are already committed to October 31st for trick-or-treat.
VILLAGE SPEAKS: Communications Received by Council members from Village residents
Council Member Hilliard stated he was approached by a bus driver about the intersection at Elton and 93.  Had to sit for 8 minutes to get the kids safely across.  Councilman Hilliard was also approached about the fire siren again.  Councilman Fox asked if we had to petition the State for that.  Mayor Schwab stated that the State says they do a traffic study at that intersection every so often and it does not warrant a traffic light.  There was a discussion about petitioning the State for a reduction in the speed limit.  VA Miller stated there is a new Official that he can talk to at the State.
Council Member Hilliard had a resident ask why the utility bill is no longer printed on both sides.  Mayor Schwab requested a separate newsletter page so people could put it on their refrigerators.
Police Chief Creter asked if the Village Police Department would have jurisdiction over the cemetery if the Village takes over management.  Solicitor Anthony stated the Brewster Police Department would have jurisdiction according to the Ohio Revised Code.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to adjourn the meeting at 8:27 PM. The vote: All yes.
Respectfully submitted,
Kris King, Clerk-Treasurer
Mike Schwab, Mayor