July 15, 2019 - Meeting Minutes

July 15, 2019
7:00 P.M.
Brewster Village Council met in regular session with Mayor Mike Schwab presiding.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to excuse Councilman Hilliard from this evenings meeting.  The vote: All yes.
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                           Dave Godwin, Council Member                
Chuck Hawk, Council Member                     Andrew Hess, 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 July 1, 2019 Council meeting minutes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to accept the minutes as presented.  The vote: Godwin, yes; Hawk, yes; Hess, yes; Radich, yes; Fox, no.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to accept the bills in the amount of $ 98,160.43.  The vote: All yes.
Brett Long, Jeffery Wagner, Fire Chief Chris Colucy, and Police Chief Keith Creter were in attendance.
CONSIDERATION OF ORDINANCES:  Titles of each read by Solicitor John Anthony
Second Reading: An Ordinance Amending Ordinance 27-2016 with the Addition of a Sale of Bulk Water with Fire Department Delivery Policy. 
Second Reading: An Ordinance Authorizing a School Resource Officer Agreement w/Fairless for 2019-2020 School Year (Renewal of 2018-2019 Agreement; no changes in scope).
First Reading: A Resolution Authorizing an Application to the Muskingum Watershed Conservancy District for a Debris Removal Grant.
First Reading: An Ordinance Authorizing the Adoption of Chapter 117 - Solid Waste Regulations to the Brewster Code of Ordinances.
First Reading:  An Ordinance Authorizing Quarterly Fund Transfers from General Fund & from the 1% Municipal Income Tax.
First Reading: Authorize a Reimbursement to Elected Village Officials for Use of their Cell Phones
                (As drafted: Elected Officials taking Office after January 1, 2020 would be eligible)
Intro by Mayor: First Reading – An Ordinance Authorizing an Agreement with Stark County Board of Developmental Disabilities to Provide Services for Individuals with developmental disabilities
                (presented initially in July of 2018; unfortunately, it got lost in shuffle)
A. FIRE DEPARTMENT:  Chief Chris Colucy
  1. The Ohio State Fire Code was adopted by the Village on 02/21/1994 via ordinance #09-1994.
  2. RED Center: 408 Calls thru June; 385 same period in 2018.  441 calls as of 07/15/2019.
  3. Chief Colucy discussed the status of the FEMA grants that have been applied for this year.  The Village is still in the running for the air packs and the truck.
  4. The Chief would like to send two firefighters to a heavy rescue class in Dayton at a cost of $495 plus lodging.  He stated they would share a room.  He stated this would be the first members of the department to attend such a class.
  5. The Chief discussed issues with Pumper 151.  The valves are leaking again and the truck needs replaced.  Councilman Godwin asked if the truck should be a priority once the income tax money starts coming in.  Chief Colucy stated the building is still the priority.
  6. Councilman Godwin asked how the meeting with W&LE went last week.  Chief Colucy stated he has a meeting scheduled on Tuesday.
  1. RED Center: 1440 Calls thru June; 1137 same period in 2018
  2. Chief Creter - Part Time Officer candidate Jeffery Wagner present; From Mayor’s Office: Letter of Appointment of Jeffery Wagner as a P.T. Police Officer pending satisfactory physical and drug screen and council’s approval of the appointment.
  3. Chief Creter announced that the department will no longer permit dual commissions and has lost three part-time officers who have taken full time positions due to that.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to approve the appointment of Jeffery Wagner pending a satisfactory physical and drug screen.  The vote: All yes.
  1. Solicitor Anthony discussed compensation increases for Elected Officials that occur mid-term.  He sited the Attorney General’s determination per ORC 931.13.  There is also the Ethics Commission violations and possible criminal sanctions.  The Solicitor stated the way the pending cell phone reimbursement ordinance is written for those Officials taking office after 12/31/2019, it is legal.
  2. The Annexation Plat is at the Commissioner’s Office being prepped to be recorded in the Stark County Recorder’s Office.
1.    No communications were discussed.
Administrator’s report for period 7/2/2019 thru 7/15/2019:
  • 7th Street Road Closures/Detour.
Full closure of 7th Street at the culvert immediately east of the levee gate began on July 8th. It will be completely shut down for approximately two (2) months while the Stark County Engineer begins and completes replacement of their culvert.
There is additional current and future activity on 7th:
  • Central Allied began the installation of curb and gutter on the north side of 7th Between Park Drive and Amherst Saturday July 13th.
  • Fairless continues their work on replacing the football field with a new turf football field
  • US Army Corps of Engineers has been in contact with me regarding repairs to the levee gate while Stark County Engineer had 7th Street shut down. We are jointly exploring having our paving contractor Superior Paving perform the work as part of the 7th Street Paving and Rehabilitation Project.
  • 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
  • OPWC Grant – East Main Street Paving & Rehabilitation Project. TheEast Main Street Paving & Rehabilitation Project has been put out to bid. Bids will be opened July 29th, 2019 at Noon. 
  • Storm Sewers. The Street Department continues to do storm sewer work. We have completed installing catch basins and pipe on 7th Street between Park Drive and Amherst (ahead of 7th Street Paving), with a catch basin to be installed on Amherst. We are back completing the work at 7th and Jefferson. We then will move to East Main.
  • Safe Routes To Schools (SRTS) Shared Use Path (SUP) Alignment. In continuing discussions with Thrasher, an additional change/improvement that will make the eventual Safe Routes to Schools (SRTS) Shared Use Path (SUP) crosswalk at Park Drive and East Main safer is to realign the intersection of Park Drive at East Main Street. The realignment would bring Park Drive into East Main at a 90-degree angle, rather than its current 45-degree angle. I have attached a copy of Thrasher’s revised drawings, which show the realigned intersection in details a page 2.
The realignment will have the positive effects of:
  • shortening the crosswalk by approximately 18 feet (nearly ½) and increasing safety
  • slowing traffic down from East Main (25 MPH) turning onto Park Drive, also increasing safety
  • making the transition/realignment at the north end of Park Drive from East Main easier to accommodate with future projects (future shift at north end of Park Drive to east to accommodate the SRTS SUP).
  • reducing the amount of pavement, resulting in current and ongoing future savings.
This is in line with what I informed Council at the July 1st Council Meeting. I informed Council at      that time that in reviewing our options on Park Drive, that our best option is to move the SUP to the east side of Park Drive from the west side. This will allow the Village to reduce costs for the Park Drive portion of the SRTS SUP, so that we have a better chance of getting future grant funding. The moving of the SUP was because:
  • the Village already has sufficient right-of way on the east side of Park Drive at the curve between the creek and 7th Street, no right-of way will need to be acquired or in the alternative a major realignment of the street.
  • on the east side of Park Drive between the creek and the levee there is less drop off on the east side than the west, the cost will be reduced drastically because we should be able to build a surface path rather than a potential boardwalk (or extensive fill) on the west side.
  • on the east side of Park Drive between the levee going north there is less drop off on the east side than the west, the cost will be reduced drastically because we should be able to build a surface path rather than a potential boardwalk (or extensive fill) on the west side.
  • while there may need to be slight realignment of Park Drive near East Main by moving the SUP to the west side form the east side, but much less than is required by the west side alignment south of the creek to 7th Street by the west alignment.
An additional benefit of moving the SRTS SUP to the east side of Park Drive is safety was to improve safety. Having the crossing for Park Drive at East Main provides much better sight lines to spot individuals in the crosswalk, and is much safer than having the crosswalk for Park Drive at 7th Street, where sight lines are drastically less and where traffic is transitioning from 35 MPH to 25 MPH. In contrast, both East Main and Park Drive are 25 MPH.
I have forwarded a copy of the revised drawing as well as the revised estimate.
If you have any questions or need clarification feel free to contact me.
  • Zoning Variance Application. As a reminder, a variance has been submitted for the Zoning Board of Appeals to review in July. The variance request is in advance of a request to split a lot on the east side of Jefferson, from 1st Street running south to the alley. The lot split would create two (2) 7000 square foot lots, which meets zoning code, but one of the two (2) lots created would have a fenced in area with no structure. Fences are set out in our ordinances as essentially an accessory structure, so without a structure the fence couldn’t remain. Therefore, before the resident pays for the survey, they are applying for a variance to see if the fenced in area can remain.
  • Efficiency Smart – Refrigerator Rebate.Efficiency Smart will be temporarily increasing the reward for recycling a fridge or freezer to $60 between July 1 – August 31.
Any customer who schedules a pickup of a fridge or freezer between July 1- August 31 will receive the $60 reward for recycling their unit, even if it is picked up after August 31. In addition, we will also honor the $60 increased reward for any units picked up during the timeframe, so those customers who scheduled their pick up right before the start of the promotion don’t miss out on the increased reward.
  • 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 www.efficiencysmart.org/brewster-ohio for more information.
  • Sidewalk Hazard Removal. Precision Concrete Cutting Inc. Ohio (SafeSidewalks) plans to be in Brewster to grind the sidewalks to eliminate potential trip hazards on Wabash north of the underpass, both the east side and west side of Wabash, the week of August 5th.
  • Mosquito Spraying. The mosquito spraying scheduled for July 2nd was completed. The mosquito spraying scheduled for July 18, 2019 will be moved up to July 15, 2019. The change is in part due to Beach City’s power outage last week. Thursday, July 18, 2019 will remain as a rain date.
The remaining tentative dates for 2019 mosquito spraying in the Village of Brewster by the Stark County Health Department are:
  • August 1, 2019
  • August 20, 2019
  • September 4, 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. The equipment for the Bimeler Exercise Area has been delivered. We continue to coordinate so that the area prepped, the equipment installed, the cement poured, and the rubberized surface installed.
  • Electric –Substation Upgrade/Expansion. We have placed the Construction Bid Advertisement in the Canton Repository on July 17th and July 24th. The bid opening is set for Thursday August 15th at noon.
A preliminary recommendation to Council would be available for the Council meeting on Monday August 19th, which will be more of a bid tabulation of the received bids. GPD would have their final bid evaluation and recommendation by Friday August 23rd for Council’s Meeting on September 3rd, including the completeness or accuracy of the apparent low bidder’s bid, at which time Council can award a contract(s). Council also obviously has the option to wait to review GPD’s recommendation and pass the legislation at a subsequent meeting. GPD does not anticipate that this revision in the bid advertisement dates and bidding schedule will delay the construction start date.
The bid is being put out with a primary and an alternate. The primary bid is to do the “last” portion of the work, tying in the expanded portion of the substation to our 69 MW feed “hot”, meaning there would be no outage for the Village and its businesses. That is our preferred approach.
To keep our steps in perspective, the following is a listing/timeline for our remaining actions needed to keep the Substation Upgrade/Expansion Project on schedule:
Project Estimate: The TOTAL project estimate for the base (including engineering and construction oversight) remains at $2,612,126.
Equipment Bidding: Complete.
                Construction Bidding Plan:
  • GPD finalizing for advertisement
  • August 15th   – open bids for construction for Substation Project
  • August or September – Council awards contract for construction for Substation Project
  • Begin construction – September or October.
Financing Plan: Based on what GPD has provided, our plan is to wait to finalize the paperwork on the Line of Credit with AMP until July or August, at that time we need to make our first drawdown.
The costs for engineering have already been encumbered, so there is no need to borrow for that expense. In addition, AMP has to draw down in $100,000 increments, so it doesn’t make sense to borrow $100,000 in May and pay interest on that amount, even though we only need $37,000. So, we plan to pay that cost out of our capital funds and reimburse the fund at a later date (if necessary).
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.
Demolition: The Electric Department and Sanitary Sewer Department have completed demolition and filling the abandoned equipment from the old pump stations at the substation site. Some removal is still required.
Site Preparation: We plan to utilize grindings from the 7th Street project as a base prior to bringing gravel in.
Rate Study: Complete.
  • Hazard Tree Removal. The first week of August, the low bidder will begin removing trees that we have received complaints on presenting hazard or that we have noted. The list of trees are:

193 5th SE         

remove 1 Sweetgum

185 5th SE

remove 1 Sweetgum

177 5th SE

remove 1 Sweetgum

173 5th SE

remove 1 Sweetgum

226 5th SW

remove 1 Ash

236 5th SW

remove 1 Ash

320 Main SW

remove 1 pine

Pinewood @ Wabash

remove 5 Sweetgum trees

455 Wabash North

remove 1 crimson king maple

  • Sanitary Sewer – Jefferson Ave Project. Testing has been completed by Hazen & Sawyer for the second phase of the Jefferson Ave Sanitary Sewer Project, from 5th Street and Jefferson to 4th Street portion, and is being evaluated. This will allow for finalizing the design for replacing the sanitary sewer and associated work for the portion from 5th Street and Jefferson to the old pump station. Hazen & Sawyer is:
  • completing additional engineering to modify the sewers horizontal alignment and profile to pick up existing sewer at 5th and Jefferson,
  • relocating the manholeat 5th and Jefferson,
  • modifying the specifications and front-end documents to remove replacement of sewer line north of 5th Street to 4th Street.
Councilman Fox asked about handicap curbs that were discussed at an earlier date.  VA Miller contacted two contractors and one was too high and the other did not respond.
Councilman Fox asked if the parking on North Wabash was being addressed for the garage sales.  Last year cars were parked on both sides of the street and it was hazardous.  Mayor Schwab stated there is no parking on the east but most of the signs are gone.  Chief Creter could put up temporary signs and make sure the law is enforced.
Councilman Godwin stated there is a sidewalk on West Main that is really heaved up and needs to be addressed.  Mayor Schwab stated there is another one by the Marathon.  VA Miller stated that he is finding voids under some of the ones that are like this and he will be taking care of them.
  1. REHASH - SRO Agreement with Fairless for 2019-2020
  • Supt. Bidlack advised on June 27th that the 2019-2020 SRO Agreement as drafted meets the Fairless BOE’s expectations and requested a breakdown of costs for SRO#2 for the 185-day 2019-2020 School Year
  • Village Clerk-Treasurer provided the requested cost breakdown spreadsheet to Fairless that shows costs to Fairless for SRO #2 for 2019-2020 School Year will be around $ 46,129.26
  • Council had a Second Reading of legislation approving a 2019-2020 SRO Agreement with Fairless earlier in tonight’s meeting and is on track for a Third Reading on August 5th for submittal for signatures
2.    Update: Fire/EMS Operations Upgrades(via new January 1, 2020 0.5% Municipal Income Tax)
  • REHASH - Some Options being explored:
a). An Expansion & reconfiguration of existing fire building on the current property; very
preliminary architectural drawings & an estimate for construction were completed in 2018
b). Acquisition of property on Main Street E. adjacent to existing fire building to expand existing fire building to the East
c). Build a new dedicated EMS/Community Center building on Sturm’s lot on Wabash S.
d). Build a new Fire/EMS/Community Center building on First Street if property can be acquired
  • REHASH Since June 17th
a). W & LE officials have offered two 99-year lease options:
                a. 99-year lease for 2.3 acres at $ 3700 per year w/2% escalator per year
  b. 99-year lease for 2.3 acres at $ 3700 per year w/10% escalator at five-year intervals
b). On July 1st Mayor recommended that Council NOT approve a lease with the W & LE for a Fire building under either offered scenarios, but allow us to continue working toward an agreement
  • Chief Colucy to meet with W & LE CEO this week to revisit the proposed use of W & LE property
3.            An AMP Partners Electric Project
  • REHASH - Village Officials met with AMP representatives on June 27th concerning a proposed electric project; Village consultants from GPD & Courtney and Associates as well as Solicitor also participated
  • To provide guidance Village consultants from GPD & Courtney and Associates as well as Solicitor have weighed in and continue to be in the mix
  • We are working toward implementing this project but are doing so in a manner to ensure that all questions are answered, all consequences are considered, and that the proposal fully benefits Brewster as the research of this initiative plays out             
REQUEST A 30 MINUTE COUNCIL OF THE WHOLE MEETING ON SEPTEMBER 16TH to briefly outline and discuss this proposed Village Electric Utility project.
  1. Electric Bikes in Brewster – Residents’ Inquiries & Chief Creter’s Advice
  • ORC 4511.522 - Electric Bikes(e-bikes) are permitted on Village streets and State highways and all traffic laws apply to the operator of the electric bike.  Electric Bikes are not permitted on Village sidewalks.
  • Chief Creter stated that there were laws passed last year concerning the e-bikes.  There are three levels with the third level going as fast as 28MPH.  They are permitted on public roadways. They are required to disengage the motors if they ride on the sidewalks.  If the bike is gas operated, then it is considered a moped.  Either way they must obey all traffic laws the same as any other bike.
July 15, 2019:
June Financials and Year-to-Date financials were placed in Councils’ boxes.
Fire Pay for 06/23/19-07/06/19 = $ 3,478.82.
Petty Cash: The Utility Office would like to increase their petty cash from $100 to $150.  This will take a resolution.  It is used mostly for postage stamps and certified letters.  VA Miller is working on a petty cash and a cash/change drawer policy. 
Paychex has been terminated.  I am currently calculating the wages, deductions, and benefits that were paid through Paychex and deducting them from the year-to-date totals to enter into the GASI program to convert everything over to one program.   This nightmare is almost over!
I was contacted by the State Auditor’s Office and asked if I was willing to extend our contract with Charles E. Harris and Associates for our 2019-2018 Audit and our 2021-2020 Audit.  The first one will cost $13,230.00 and the second one $ 13,860.00.  I would like to ask Councils’ permission to sign this contract.
I have had reconciling issues since Paychex started.  I have asked Charles E. Harris and Associates for assistance.  They have people who specialize in reconciliations.  They charge $70.00/hour.  I would like Councils’ permission to sign this contract.
I received a team sponsor form from the Fairless Soccer Club.  They are requesting we let them know this week if we are going to donate.  The different levels are listed on the back of the letter.  The last donation was $500 in September of 2017.
I closed the PNC checking account.  Since they closed the Navarre Office, it is no longer convenient for the Village to bank there.  
Councilman Godwin asked if permission to sign the contracts with Charles E. Harris and Assoc. was an emergency and needed voted on tonight.  Clerk King stated the one to help her get reconciled would allow things to get moving faster.  Councilman Fox stated they both need voted on so let’s take care of both tonight. 
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 07/01 for a review of the Welty Cemetery proposal
        attended by Welty Cemetery Board members
  1. Finance Committee Meeting Minutes from 07/01 to review Quarterly General & Income Tax Transfers
Zoning Board of Appeals Hearing – July 18th at 7 pm – variance for an existing fence on a proposed lot split at 302 Jefferson Avenue
Summer Concerts: July 20th - 7 pm until 9:30 pm in Bimeler Park w/Sugarcreek Duo
September 3rd at 6:30 pm - Council of the Whole: Welty Cemetery Proposal Review
1. None pending
  1. CouncilCommittee (11/05): Proposed Trash Aggregation Program; first reading of legislation tonight.
  2. Welty Cemetery Proposal from Welty Cemetery Board: Council met w/Welty Reps on July 1st; have scheduled a Council of the Whole for September 3rd at 6:30 pm.
  3. Council member Godwin: Donation Policy – Council of Whole met June 17th to consider a policy.
  4. Fire Chief: Suggests that volunteer Fire/EMS personnel be paid per Call rather the current by the hour compensation structure (Council provided current FD pay structure & compensation policies).
  5. Mayor suggests: Council visits to each of the Village departments this summer.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HAWK and motion carried to give the Village Clerk-Treasurer authorization to sign a contract for the 2019-2018 audit at a cost of $13,230 and the 2021-2020 audit at a cost of $13,860 with Charles E. Harris and Associates.  The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to give the Village Clerk-Treasurer authorization to sign a contract with Charles E. Harris and Associates for assistance in reconciling the accounts since the commencement of Paychex.  The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to approve the fire pay of $3,478.82 from the Fire Equipment Fund.  The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to have legislation created for petty cash accounts and setting amounts for the accounts.  The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to schedule a Council of the Whole meeting on September 16th at 6:00 pm to discuss Fire/EMS operation upgrade options. The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to schedule a Council of the Whole meeting on September 16th at 6:30 pm to discuss a proposed Village Electric Utility Project. The vote: All yes.
Council Member Godwin asked if the Council wished to consider the Fairless Soccer Club donation request.  It was decided it was not an emergency and could wait the required one meeting before being brought to a vote.  Village Clerk-Treasurer King will let their representative know that it will not be brought up until next meeting.
The petty cash policies were brought up and VA Miller stated he will have a policy for Council by the next meeting.
Council Member Godwin brought up the leveling, regrading, and reseeding of Field 3.  VA Miller stated that any grass planted now would die so it will have to wait until fall.  There was concern because the Soccer Club uses that field.  It was stated the club doesn’t use right field where most of the problems are located.  This will be addressed when cooler weather allows the grass to grow.
Council Member Godwin stated there is an area that was cut out on West First Street and the gravel has sunk leaving about a 6-inch hole.  This needs to be addressed.              
VILLAGE SPEAKS: Communications Received by Council members from Village residents
Brett Long stated his concern was addressed during the meeting.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to adjourn the meeting at 7:50 PM. The vote: All yes.
Respectfully submitted,
Kris King, Clerk-Treasurer
Mike Schwab, Mayor