June 17, 2019 - Meeting Minutes

June 17, 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                           Dave 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 June 3, 2019 Council meeting minutes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to accept the minutes as presented.  The vote: All yes
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to accept the bills in the amount of $ 404,633.07.  The vote: All yes.
Ray Heitger, Louie Carroll, and Police Chief Keith Creter were in attendance.
CONSIDERATION OF ORDINANCES:  Titles of each read by Solicitor John Anthony
RESOLUTION 47-2019: A Resolution Authorizing to make application to the OPWC for Funding a Jefferson Ave Sanitary Sewer Project was given third reading.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to pass the legislation as presented.  The vote: all yes.
RESOLUTION 48-2019: A Resolution Authorizing to make application to CDBG for Funding a Jefferson Avenue Sanitary Sewer Project was given third reading.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to pass the legislation as presented.  The vote: All yes.
ORDINANCE 49-2019: An Ordinance Amending the Addition of Screening & Buffering Regulations to the Village Zoning Code #30-1994.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to pass the legislation as presented.  The vote: All yes.
Second Reading: An Ordinance Authorizing participation in the Stark County Land Reutilization Program.
First Reading: An Ordinance Authorizing the Addition of a Single-Family Equivalency Usage Sewer Rate.
First Reading: An Ordinance Authorizing Amending the 2019 Stark County and Brewster Sanitary Sewer Agreement.
A. FIRE DEPARTMENT:  Chief Chris Colucy (excused)
  1. Warning devices on Wabash and Main Street to alert motorists & pedestrians of Fire/EMS calls: Chief is researching preemptive devices to be installed at intersection & in fire vehicles and the Electric Supt. is researching installation of warning devices adjacent to intersection & FD building.
  2. Recommends the appointment of Cody Michael Henry of 401 Seventh St E as a probationary     firefighter pending physical, drug screen, and background check.
3.    Has submitted a request for Paramedic Training at $ 4000 for Jared Baer to Mayor’s Office; Mayor recommends if cost is from EMS Training Fund, does not exceed $ 4000, and the Paramedic agreement is signed by applicant; above $ 1000 which requires Council approval.  Councilman Godwin stated this is the proper procedure for getting education paid for by the Village.  The Mayor stated that there can’t be too many medics.
  1. The Chief is looking into purchasing a 2020 Chevy Tahoe Police Cruiser.  This was submitted in the 2019 budget for the three-year rotation.  The cost of the vehicle with all equipment and lettering is $ 48,913.80.  This would allow the vehicles to be rotated and keep the mileage lower, so they can have a trade-in value to help with the next vehicle in the rotation.  Councilman Hilliard stated he has received questions about how big our Police Department has become.  It was stated that two officers are in the school and the number of calls has increased.  Councilwoman Radich stated that it is great to see the Police Department and Fire Department Chiefs working so well together.
Status of the solar field annexation petition:  The commissioners are prepared to move forward after the plat and legal description are completed by the auditor’s office.
The litigation with OPEC:  Waiting for the court designated receiver to move forward.  Councilman Godwin said this is an example of how every decision Council makes affects us.  We need to do our due diligence.
Ohio Department of Health has undertaken a program to provide funding for “Lead Abatement & Healthy Homes” targeting children under 19 and pregnant women that reside in pre-1978 homes and are Medicaid eligible. (Council copy of flyer; info to be displayed on Village internet sites & Utility Office)
Administrator’s report for period 6/4/2019 thru 6/17/2019:
  • SRTS – Funding Application. We received partial funding from the Safe Routes to Schools program in the amount of $150,000. It is earmarked specifically for the area between the Elementary School and Middle School along Route 62.
I will be coordinating with Thrasher on what our next steps are. The funding isn’t available until fiscal year 2022, so work cannot begin before then. However, we will need to get the plans completed prior to that date so we are ready to bid at that time.  There may also be other steps Council will have to take as well.  I will keep Council informed of our status.
  • OPWC Grant – East Main Street Paving & Rehabilitation Project. Thrasher is wrapping up their work to complete bid plans and bid specifications for the East Main Paving and Rehabilitation Project. We won’t be able to bid this work until after OPWC gives us their approval to do so, sometime after July 1st.
  • 2019 Paving Project. The 2019 Paving Program is out for bid, with the bid opening scheduled for June 21st, 2019.
  • EAP (Employee Assistance Program). The information about the new EAP was distributed with paystubs to all employees Friday June 14th.
  • Employee Handbook.  Distribution of “hard copies” of the Employee Handbook have begun. Employees will have access to an Employee Handbook at their Department. We are also setting up a space for employees to be able to access the Employee Handbook online.
  • Mosquito Spraying. The tentative dates for 2019 mosquito spraying in the Village of Brewster by the Stark County Health Department are as follows:
  • June 19, 2019
  • July 3, 2019
  • July 18, 2019
  • 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.
  • Electric –Substation Upgrade/Expansion.
On Tuesday June 11th Superintendent Swan, the Mayor, and I had a 2 ½ hour meeting with GPD to go over the bid specification for the construction of the Substation Upgrade and Expansion Project. That was followed by Superintendent Swan doing field review with GPD.
We plan to put the project out to bid at the end of June, with projected bid opening at the end of July, and a recommendation to Council for the August 5, 2019 meeting. We also plan to have legislation to Council prior to the August 5, 2019 meeting, so that IF Council determines to pass it at that time it can on a nonemergency basis. But, Council also obviously has the option to wait to review GPD’s recommendation and pass the legislation at a subsequent meeting.
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.
We will be seeking alternate bids (in the event that no bidder wishes to do that work “hot”) to do the work with as short an outage as possible. IF that option is taken, we will also be getting prices to do other necessary upgrades, including being in a position to accept a second 69 MW feed without a future outage. That alternate bid will also include trying to set the Village up for a second feed in the future without taking an outage.
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 project estimate (including engineering and construction oversight) has been reduced to $2,612,126.
Equipment Bidding: Complete. GPD is finalizing contracts.
                Construction Bidding Plan:
  • GPD finalizing for advertisement
  • Late July – 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.
  • Stark County Metropolitan Sewer District and SFEs. At the May 6th Council Meeting, Council passed Ordinance 37-2019, which authorized the VA to enter in an agreement between Stark County Sanitary Sewer and Brewster to accept and treat sanitary sewage from Sugar Creek Twp.’s Justus Avenue and Keller Avenue Areas. A copy of the Agreement was provided to Council at that time.
In that agreement (section 4.03) it stated that “… Brewster agrees to invoice sewer users at a flat rate based on the Village’s sewer rate ordinance and a water use of 6000 gallons per month per home.”
As I stated in my VA Report of June 3rd , the Mayor and I met with Courtney & Associates to go over preliminary data from their Water Rate Study they are performing for the Village. They provided us with a number to use for Single Family Equivalent (SFE), for both residents and future users that connect through the Stark County Metropolitan Sewer District. The number of the average residential usage is 4400 gallons per month.
I am recommending Council adopt (4400 gallons per month) for the SFE usage charge portion. (SFE customers will also be responsible for the service charge and capital charge as other customers are.)
So, the “dilemma” is that we also agreed that we wouldn’t charge outside customers more than our residents.
The answer that I have tentatively reached with James F. Troike, P.E. , Stark County Sanitary Engineer, is to amend section 4.03 in relevant part so it would read “… Brewster agrees to invoice sewer users at a flat rate based on the Village’s sewer rate ordinance and a water use of up to6000 gallons per month per home.” (red added). The amendment allows us the flexibility as future studies are performed to adjust the flat rate (SFE) rate as determined from time to time by Council.
  • 7th Street Road Closures/Detour. As an FYI there will likely be a number of road closures on 7th Street this summer, for the purposes of:
  • Full or partial closure while the Street Department completes storm sewer work.
  • Full or partial closure while Central Allied completes curb and gutter work.
  • Full or partial closure while Fairless begins and completes the hauling required for installation of a new turf football field.
  • Full closure while Stark County Engineer begins and completes replacement of their culvert by the levee (note: they plan to have 7th shut down to all but local traffic, and detour all other traffic down Route 62 to Route 93), estimated to be approximately two (2) months beginning in June.
  • US Army Corps of Engineers begins and completes repairs to the levee gate while Stark County Engineer had 7th Street shut down.
  • Possibly before/during the Stark County Engineer closure/detour is removed, Superior Paving would like to begin and complete the repairs to 7th Street, and then begin and complete milling and paving. HOWEVER, it may be a separate closure.
  • Possible closure while the Stark County Sanitary Engineer begins extension of the sanitary sewer.
I remain in contact with all the entities to try to make the scheduling (staging) come together.
  • Trees – Removal. An assessment is taking place to determine what sidewalk needs to be replaced due to tree damage.  I am preparing a list of additional trees to be removed, so if there are any Council is aware of please forward those to me.
  • Storm Sewers. The Street Department continues to do storm sewer work. Currently they are installing catch basins and pipe on 7th Street between Park Drive and Amherst (ahead of 7th Street Paving). They also completed most of the work to install a new structure (with the assistance of an outside contractor to lift the structure into place) at the corner of 7th and Jefferson.
  • Zoning Variance Application. As an FYI, 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.
  • Sanitary Sewer – Jefferson Ave Project. Testing is underway by Hazen & Sawyer for the second phase of the Jefferson Ave Sanitary Sewer Project, from 5th Street and Jefferson to 4th Street portion.
In addition, design is underway for the first phase, the portion from 5th Street and Jefferson to the old pump station ($5,900) to:
  • complete additional engineering to modify the sewers horizontal alignment and profile to pick up existing sewer at 5th and Jefferson,
  • relocate manholeat 5th and Jefferson,
  • modify specifications and front-end documents to remove replacement of sewer line north of 5th Street to 4th Street.
  • 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.
Administrator’s supplemental report for period 6/4/2019 thru 6/17/2019:
  • Bulk Water – Pool Filling. I forwarded an initial draft of a bulk water policy (pool filling), and subsequently after receiving feedback have distributed a second draft that addresses the concerns raised.
  • Sidewalk Hazard Removal. I am currently soliciting a price to remove any trip hazards from the east side of Wabash Ave N from the underpass to Harmon. This is similar to what was done in 2017 on Wabash south of the underpass. I have observed a large number of walkers on this section of sidewalk. I also just removed trees that were affecting the sidewalks in this section (also getting prices to replace those panels affected by the trees). Finally, this will check off one of the tasks listed in the Safe Routes to Schools Plan the Village had completed.
  • Electric Meter Base Upgrade Information Sheet. I have completed an Informational Sheet on the replacement of Electric Meter Bases in the Village.
This is a result of a policy that as houses are sold or change occupancy, when our Electric Department employees go out for a final reading and observes that the meter (and meter base) is 60 AMP, that it be upgraded to 100 AMP before it is re-occupied or changes hands.
A 60 AMP meter (and meter base) doesn’t carry enough power to support more modern electric loads. Most houses have a breaker panel that is 100 AMPS or more, even many where the meter (and meter base) wasn’t upgraded at the time (still have a 60 AMP meter). So, a resident could be pulling in excess of the 60 AMP rated load of the meter and wiring through their breaker panel, causing it to overheat and potentially start a fire. The basic safety criteria is that a breaker panel should not be able to carry more load (electricity) than the meter that brings the electricity to the panel.
So, the Village has been requiring meters and meter bases to be upgraded to a minimum of 100 AMPS for safety. 
However, upon reflection and after much discussion, it is our opinion that rather than waiting for houses to change hands (sold) or occupancy (tenants), we should move forward and have all the remaining 60 AMP services/meters replaced. There are approximately 20 remaining.
I will be putting together a process to inform affected residents and a timeline for them to replace potentially hazardous meters prior to actual notification.
  • SEPA (Smart Electric Power Alliance) Top Ten Solar Recognition. The Village of Brewster received SEPA’s (Smart Energy Power Alliance) 2019 Top Ten Award for solar watts per customer.
This is the second year in a row. Last year we were ranked 8th. This year we have moved up the 3rd.
  • Annexation Plat.  An annexation plat has been created for the right-of-way on Seventh St. in order to lower the speed from RT. 62 into the Village.  This also will give the Police Department the authority to direct traffic at the intersection after the school events.
Councilman Hilliard asked if the tree in front of 455 Wabash N. had been evaluated.  VA Miller stated it is on the list for removal.  Councilman Hilliard also brought up the striping on West First Street and the VA will be getting quotes at the same time he gets the quotes for Elton St. striping after the paving.
Councilman Hilliard brought up a complaint from an employee that was sent in an email to all of Council.  He asked if the vacation max could be moved out until December.  VA Miller explained how the vacation accumulation works.  Councilman Fox stated he gets four weeks and has to schedule them at the beginning of the year.  He said please keep it simple.  Councilman Godwin stated 80% of the hospitals follow the same policy as the Village.
1.            SRO Agreement with Fairless for 2019-2020        
  • Chief Creter, VA Miller, and Mayor met with Fairless Supt Bidlack on June 6th to review the SRO relationship the Village has with Fairless Schools and the renewal of an SRO agreement for the 2019-2020 school year.
  • Supt. Bidlack advised that he was well satisfied with how the SRO program worked and the personnel involved and stated that Fairless would like to continue the arrangement with Brewster PD for the 2019-2020 School Year.
  • An updated agreement similar to the 2018-2019 agreement will be submitted to Fairless for their consideration after the Village Solicitor has reviewed and approved an updated draft SRO agreement for the 2019-2020 School Year.
2.            Hydrant & Light Pole Quotes
  • Three industrial painting contractors have been asked to provide quotes for sandblasting, preparing, and painting 103 hydrants and 50 light poles in the Village.
  • Quotes will be accepted until June 28th.
3.            Update: Fire/EMS Operations Upgrades –  (via new January 1, 2020 0.5% Municipal Income Tax)
  • REHASH - The current approach is to have the Fire Chief, the VA, the Mayor and others provide Council with a proposal for specific use of the new funds beginning with providing Fire and EMS with appropriate facilities and equipment for Fire/EMS operations and Fire/EMS personnel. 
- Input from members of Council is welcome at any time -
  • REHASH - Some Options being explored:
1. An Expansion & reconfiguration of existing fire building on the current property; very
    preliminary architectural drawings & an estimate for construction were completed in 2018
2. Acquisition of property on Main Street E. adjacent to existing fire building to expand existing fire building to the East
3. Build a new dedicated EMS/Community Center building on Sturm’s lot on Wabash S.
4. Build a new Fire/EMS/Community Center building on First Street if property can be acquired
5. And so forth
  • Since June 3rd
1. VA and Mayor met with the CEO and other officials at the W & LE to talk about land
2. Chief & VA met with an architect whose specialty is fire building design
3. Will meet with Village Solicitor this evening to discuss some legal options for design and
  • Estimated revenue from this 0.5% municipal income tax = $ 400,000/year for eight years
I would emphasize that there could be other scenarios and additional components of the above listed options to be considered and that no conclusion is close at this time.   I am sure each of us are leaning toward a preferred option, but I would ask that everyone keep an open mind as this unfolds to ensure that each approach and related consequences are examined thoroughly in order to utilize these new tax dollars wisely.  There will be fits and starts, grumbling from some, and flights of fantasy as we all wade through this effort to balance the needs of our residents and the challenges of providing Village Fire and EMS personnel with a suitable environment in which to operate.
We must be mindful that this is a once in a life-time opportunity to position the Brewster Fire Department for the future fire protection and emergency medical services provided to the residents of Brewster and southwestern Stark County for many years.
                                                                We must do this well !
Councilman Hilliard stated that the public was told that the building was being updated and if a new building was being built, the public should have been told ahead of time.  The Mayor stated if there is a chance that a new building can be built at a similar cost, why not?  He stated we must look into all options.  Councilman Hilliard stated he just wants to make sure the department gets everything they said they needed.
June 17, 2019:
Fire Pay for 05/25/19-06/8/19 = $ 3,134.65.
Dorothy Holland has resigned from her position in the Utility Office effective May 13, 2019.
We received a premium refund from BWC in the amount of $306.00.  The refund was split between the respective funds.
I have a PayChex review conference call on Wednesday, June 19th.  Things have not gotten any better.  We have moved backwards in technology instead of forwards.  I do not believe they are a good fit for the Village.
I spent part of last week in training.  The topics covered were Ethics, Case Study in Investing in Today’s Market, Cash Management and Banking Relations, Communicating in the Work Place with different Generations and Personalities, and Cyber Security.
I plan to present a resolution of supplemental appropriations in the near future for council’s review.  I have added some line items to add more clarification of money coming in and going out of the individual funds.  There are also adjustments due to different projects.
Fund Transfers: I have recommendations for some changes to Ordinance 03-2017.  I have given Council a copy of these recommendations.
Please review the check register and sign off if there are no questions. 
Councilman Hilliard asked what I was looking at doing with the payroll system.  I stated that I would like to go back to the Government Accounting Solutions before looking into any other system. We need to get everything reconciled and cleared up from the deficiencies of the Paychex system.  I may have to call in our auditor for assistance in making sure everything is in order before the next audit.
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. June 3rd Council of the Whole Meeting Minutes - review of the Welty Cemetery proposal.
  2. Council of the Whole Meeting tonight – Review of a Council Donation Request Policy.  Councilman Godwin reported on the meeting stating that VA Miller will be checking for existing policies.
  3. Summer Concerts began on June 14th in Bimeler Park w/Tim Gang; cool night; about 70 in attendance.
Summer Concerts Begin: July 20th - 7 pm until 9:30 pm in Bimeler Park w/Sugarcreek Duo
Monday, July 1st at 6:30 pm – Village Council of the Whole Meeting – Welty Cemetery proposal
Police Chief: Purchase of a 2020 Chevrolet Tahoe Police Interceptor at State Bid price = $35,981.80 (Note: Additional cost of $ 12,932.00 for equipment vehicle equipment set up and striping; delivery is currently 12 weeks out)
  1. CouncilCommittee (11/05): Proposed Trash Aggregation Program; VA provided a revised Draft for review on January 22, 2019
  2. Welty Cemetery Proposal from Welty Cemetery Board: Council will meet with Welty representatives on July 1st
  3. Council member Godwin: Donation Policy – Council of Whole met tonight to review
  4. Fire Chief: Suggests that volunteer Fire/EMS personnel be paid per Call rather the current by the hour compensation structure (Council has handouts for current FD pay structure & compensation policies)
  5. Council Member Hilliard: Suggests that a Bulk Pool Water Policy be established. (VA Miller has prepared a draft of a Pool Water Policy)
  6. Mayor suggests: Council visits to each of the Village departments this Summer
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to create legislation to authorize the purchase of a 2020 Chevy Tahoe Police Cruiser.  The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to approve the Fire pay in the amount of $3,134.65 from the Fire Fund.  The vote: All yes.
COUNCIL MEMBER HAWK MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to schedule a Finance Committee meeting on July 1st at 6:00 pm.  The vote: All yes.
COUNCIL MEMBER HAWK MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to create legislation to amend the Bulk Water Ordinance as drafted by VA Miller with a change from 10,000 gallons to 1,000 gallons on the chart.  The vote: All yes.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to appoint Cody Henry as a probationary firefighter pending a physical, drug screen, and background check.  The vote: All yes.
Applications for employment were closed on Friday the 14th with 11 applications being received.  Interviews will be set-up for next week.
VILLAGE SPEAKS: Communications Received by Council members from Village residents
No one wished to speak.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to adjourn the meeting at 8:18PM. The vote: All yes.
Respectfully submitted,
Kris King, Clerk-Treasurer
Mike Schwab, Mayor