December 16, 2019 - Meeting Minutes

DECEMBER 16, 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                           Chuck Hawk, Council Member                   
Andrew Hess, Council Member                    Tom Hilliard, Council Member                                   
Brett Long, Council Member                         Sydney Radich, Council Member                              
John Anthony, Solicitor                                  Michael L. Miller, Village Administrator 
Kris King, Village Clerk-Treasurer
Mayor Mike Schwab asked if there were any additions or deletions to the December 2, 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 LONG and motion carried to accept the bills in the amount of $504,472.57.  The vote: All yes.
In attendance were Police Chief Keith Creter, Fire Chief Chris Colucy, and Joshua Bowen of the Massillon Independent newspaper.
CONSIDERATION OF ORDINANCES:  Titles of each read by Solicitor John Anthony
ORDINANCE 98-2019: An Ordinance Authorizing an Agreement with Massillon Law Department for 2020 Prosecution Services was given third reading.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to pass the legislation as read.  The vote: All yes.
ORDINANCE 99-2019: An Ordinance Authorizing an Agreement w/Massillon Police Department for 2020 Prisoner Transport was given third reading.
COUNCIL MEMBER HESS MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to pass the legislation as read.  The vote: All yes.
ORDINANCE 100-2019: A Resolution Authorizing an Agreement w/LOGIC for RED Center Dispatching for 2020 Police & Fire was given third reading.
COUNCIL MEMBER HESS MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to pass the legislation as read.  The vote: All yes.
ORDINANCE 101-2019:  An Ordinance Authorizing the Adoption of Electric Utility General Rules and Regulations was given third reading.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to pass the legislation as read.  The vote: All yes.
RESOLUTION 102-2019:  A Resolution Authorizing Temporary Appropriations for 2020 was given third reading.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to suspend the rules requiring three separate reading and bring the legislation forward for passage.  The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to pass the legislation as presented.  The vote: All yes.
RESOLUTION 103-2019:  A Resolution Authorizing Amending and Appropriating Additional Funds for 2019 was given third reading.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to suspend the rules requiring three separate readings and bring the legislation forward for passage.  The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BYCOUNCIL MEMBER HESS and motion carried to pass the legislation as read.  The vote: All yes.
ORDINANCE 104-2019: An Ordinance Authorizing Supplemental Appropriations for 2019 was given third reading.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HESS, and motion carried to suspend the rule requiring three separate readings and bring the legislation forward for passage.  The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to pass the legislation as presented.  The vote: All yes.
ORDINANCE 105-2019: An Ordinance Authorizing the Transfer of Funds from the General Fund was given third reading.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to amend the ordinance to state that the transfer is to be made to the Sidewalk Replacement Fund in the amount of $30,000.  The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to suspend rule requiring three separate readings and bring the amended legislation forward for passage.  The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to pass the legislation as amended.  The vote: All yes.
First Reading: An Ordinance Authorizing the Amendment of Zoning Code Section 153.019U Pertaining to Walls and Retaining Walls  (Public Hearing Scheduled for January 21st at 6:45 pm).
First Reading:  An Ordinance Authorizing a Contract for an East Main Street Paving and Rehabilitation Project.  Mayor Schwab stated the bid opening was at noon this afternoon and the engineer will have a recommendation at the January 21st meeting.
Fire Department: Chief Chris Colucy
  1. Calls to date = 797 – same as all of 2018.
  2. Council was provided with an Ohio Department of Public Safety Grant Report:
Grant = $4,471.00; all funds were utilized.
  1. Chief has provided a tentative 2020 Budget for Fire and EMS to Mayor and Clerk’s Offices.
  2. The Chief reported the potentially dangerous call at the railroad and thanked the Police Department for their assistance.
  3. The Chief is requesting 10 squad jackets at a cost of $4,304.84.
  4. Councilman Hilliard stated he didn’t know anything happened at the railroad on the night of a reported possible tanker .  The Chief stated someone smelled chlorine and there was some liquid leaking out of a tanker.  The evacuation process was discussed.  Chief Colucy stated he knew right away by the odor that it wasn’t chlorine, but the substance was not identified.  Mayor Schwab commended the Fire Department and Police Department on how well the situation was handled.
 Police Department: Chief Keith Creter
  1. Speed Sign Report; Average Speeds: Wabash S = 37 mph, Wabash N = 34 mph, 7th Street = 33 mph.
  2. Chief will have a tentative 2020 Budget for 01/06/2020 meeting.
  3. The Chief commended the Fire Department on the railroad situation for their great staff and communications.
 VILLAGE SOLICITOR:Attorney John Anthony
Solicitor Anthony requested an Executive Session.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to enter into Executive Session for the purpose of considering the employment of an employee of the Village of Brewster.  The vote: All yes.  Council, the VA, the Mayor, and the Solicitor exited the room at 7:40 pm. 
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to exit Executive Session at 7:45 pm.  The vote: all yes.  No action was taken.
Solicitor Anthony provided Council with the recommended changes to the Rules of Council for 2020.
  1. AMP – The six Hydroelectric plants had record production in November of 2019 – 359 MW/hour.
  2. Like 2018 November weather was 4 degrees colder than normal, but electric was $8/MWh cheaper.
  3. OML – In 2019 Ohio General Assembly introduced 1,385 bills; Only 15 of those have become law.
Administrator’s report for period 12/03/2019 thru 12/16/2019:
  • 7th Street Improvement & Paving Project (OPWC). We have been presented with the final bill from Superior Paving for the completed work (final bill) for the 7th Street Improvement & Paving Project.The final bill for 7th Street Improvement & Paving Project is $245,232.41. OPWC Small Government has approved payment for $111,475 and closed out our project.
That leaves a balance of $133,757.41. The Village’s original estimated match, before the centerline repairs were taken into account, was $116,025. The increase match, including the centerline repairs, amounts to $17,732.41, or slightly over 10%.
As was conveyed to Council in March when Council awarded the bid to Superior for the amount of $180,405.00, that award was based on the estimated quantities. Those quantities were underestimated at the time due to an error in the length used to make the original calculations. As was also conveyed to Council at the March 4th Council Meeting and subsequently at the Streets, Alleys, Curbs, Storm Sewers, & Sidewalks Committee Meeting on March 18th, a new issue that had to be dealt with was the fabric in 7th Street. Our original scope was/is to overlay 7th Street, with minimal grinding at existing curb and gutter and at butt joints. We expected to add pavement over the existing road and fabric without a danger to long term integrity. If the fabric had not been “disturbed” that plan would have worked. However large potholes exposed (“disturbed”) fabric, and we discovered that the fabric is overlapped in the middle of 7th Street. The overlapping definitely put the integrity of 7th Street in jeopardy. If we didn’t take action – the middle could develop potholes in a few years after we pave it. In our consultation with EA and others, we determined that the most effective and cost efficient way to proceed is to grind out the overlapped fabric in the center (6 foot wide 3” to 4” “trench”), replace the area ground out with “base” asphalt for strength, and then overlay 7th Street as originally planned. (“base” asphalt is also less expensive than “finish” asphalt). The approach to accomplishing that task that we determined to proceed with was to award the bid and do additional work as change order. The amount of the change was estimated at $36,782. The amount for the repair of the centerline actually came in below the estimate of $36,782 at $33,103.80. 
  • 2019 Paving Project. We have been presented with the final bill from Superior Paving for the completed work (final bill) for the Brewster’s 2019 Paving Project.
As Council may remember, Superior’s bid was 16.9% below our TOTAL estimate of $193,428.78 (combined Elton MRF and Village paving). The original bid for Village paving alone was estimated at $81,592. Council authorized adding additional work (Church repair, Harmon, and some work on Chestnut) estimated at the time at $49,346, bringing the total estimated amount before work commenced to $130,938. Those numbers were based on quantities that are estimates, and based on experience the estimated quantities almost always vary from the actual quantities, which is why the project was bid on unit prices, so if the quantity of milling or asphalt changed, there was a fixed unit cost to multiply the actual quantities (units) against.
The final bill is $147,983.28. The amount is $17,045.28 higher (13%) because the estimated quantities increased, most due to milling out more asphalt to get a the fabric out on various streets, which also resulted in additional asphalt to replace the asphalt ground out.
  • Elton Paving (MRF).We have been presented with the final bill from Superior Paving for the completed work (final bill) for paving Elton west of Route 93.
Elton Street was included with Brewster’s 2019 Paving Project bids, and was estimated at the time at $79,147.31. As was stated at the time, the estimate may not account accurately differences such as a leveling coat and top coat on Elton. It appeared at that time that Elton could/would be paid entirely out of MRF funds, with no Village funds needed.
The final bill is $87,817.10. The amount is $8,669.79 higher (11%) because the estimated quantities increased due to both milling and paving wider than the original estimates. We had/have $82,821 available from MRF Funds. So, the final bill is $4,996.10 higher than the amount of MRF funds available. The funds over the $82,821 from MRF will need to come from Village funds. I will again reach out to the County Engineer to see if they will cover (or help cover) the difference.
  • Pavement Condition Ratings for 2020. I have solicited proposals for completing Pavement Condition Rating (PCR) Services for 2020 paving season (and beyond). The purpose of this is to evaluate all 13 miles of Village streets utilizing the ODOT Pavement Condition Rating (PCR) system.
In 2017, the Village had an evaluation of the condition of Village streets, or PCR. The ratings were done in accordance with the Pavement Condition Rating (PCR) process. As a bit of background, the PCR process is a numerical rating between 0 and 100 which is used to indicate the general condition of a pavement. It is widely used. It is used by ODOT. I previously supplied a copy of the Asphalt Institutes’ version and ODOT’s manual for background. A PCR requires manual survey of the pavement using the PCR standardized system. It takes into account deficiencies in the pavement such as:
  • Low ride quality
  • Alligator cracking
  • Bleeding
  • Block cracking
  • Bumps and sags
  • Corrugations
  • Depressions
  • Edge cracking
  • Joint reflections
  • Lane/shoulder drop-off
  • Longitudinal and transverse cracking
  • Patching and utility cut patching
  • Polished aggregate
  • Potholes
  • Rutting
  • Shoving
  • Slippage cracking
  • Swelling
  • Weathering and raveling
It requires trained personnel to complete the survey procedure. The 2017 PCR is what was used to prioritize what streets were paved in 2018 and 2019. The fact that the PCR was (and will be) done by a third party removes perceived subjectivity (favoritism) and makes the process objective in nature.
The lowest and best proposal came from OHM Engineering, in the amount of $3,800. I will be executing an agreement with OHM in that amount to complete a PCR of Village streets once it has been reviewed by the Law Director, unless Council has an objection.
Once the PCR is completed, we can use it in prioritizing what streets are paved in 2020 (and beyond) and have an excellent guide to develop a street maintenance and repaving program for the Village. The PCR can also be used to document need for applications for MRF or OPWC funding as well.
  • Fire Station Addition - Construction. The specifications for the Fire Station Addition have been put out to bid. Because of the holidays, it was determined to advertise for the maximum four (4) consecutive weeks prescribed by Ohio Revised Code 731.141. The advertisements will appear in the Canton Repository on:
  • December 13th
  • December 20th
  • December 27th
  • January 3rd
Bids are scheduled to be opened Thursday January 23rd, 2020 at Noon. A pre-bid walk through is scheduled for January 8th.
  • Fire Station Addition – Loan. I have completed specifications together for bidding for loan for the Fire Station Addition with help from the Law Director and Clerk-Treasurer. I am advertising them for bid in December and January, with the bid opening occurring the same day as opening the construction bids (January 23rd, 2020 at 1:00pm).
  • Fire Station Addition – Natural Gas Service. Due to the increased demand due to the installation of natural gas infrared heaters in the new Fire Station addition and the retro-fitting of the existing bays, we are being required by Columbia Gas to upgrade our service line, at a cost of $3,360.95. I have authorized moving forward so that construction isn’t delayed by the upgrade.
  • OPWC Grant – East Main Street Paving & Rehabilitation Project. Bids will be opened at noon on December 16th, 2019 for theEast Main Street Paving & Rehabilitation Project. The bids will be reviewed, and a recommendation will be brought to Council at its first meeting of 2020 – January 6th.
The Village received a $51,964 grant for the East Main Paving and Rehabilitation Project from OPWC Small Governments. The construction estimate was at the time of application $103,800, plus $2,250 committed for completing bid plans and bid specifications, for a grand total of $106,050. The Village share was scheduled to be $54,086. The actual total amount of the project and the Village share will depend on the bids.
As a reminder, the East Main Street Paving and Rehabilitation Project runs from Cleveland to Jackson. The project will include a slight narrowing of pavement with installation of curb and gutter on the south side of Main. The elimination of pavement offsets the cost of the curb and gutter based on the prices we received last year and this year. While normally the addition of curb and gutter is assessed to the property owner, in this case I recommended it be part of the project cost, which Council has concurred. The project includes and/or takes into account:
  • Main Street needs paved.
  • The property south of Main between Cleveland and Jackson cannot be built on unless the US Army Corps of Engineers releases them from the existing pondage easement, which is unlikely.
  • As the property south of Main is unbuildable, assessments for “improving” them seemed counterintuitive.
  • The actual pavement will be reduced by approximately 3 feet +/- , but replaced by 2 ½ foot curb and gutter.
  • The final width of pavement and curb and gutter will be the same as the streets such as Scioto and Muskingum – wide enough to support parking on the north side and 25 MPH traffic in the two (2) twelve-foot travel lanes.
  • The curb and gutter and width of the street will encourage slower speed (traffic calming).
  • Because of the “narrowing”, a portion of the cost of the curb and gutter is paid for by the savings in asphalt.
  • Handicapped ramps will be installed at Jefferson, the SE corner of Cleveland and Main, and at the southeast and southwest corners of Main and Park Drive.
  • Park Drive will be realigned at Main Street to create a 90 degree, or “T” intersection, for the safety of persons using the crosswalk. It will reduce the length of the crosswalk, and slow traffic turning from Main Street onto Park Drive.
This portion of Main Street is part of the proposed Safe Routes to Schools Plan, so we will be accomplishing one (1) of the listed tasks.
  • Electric – Substation Upgrade/Expansion. Construction work continues on the Substation Upgrade and Expansion Project.As I previously indicated, the contractor (Thompson Electric) is working four (4) ten (10) hour day schedule. To make sure we have personnel available to respond and/or observe construction a minimum of two (2) of our Electric Department employees will be scheduled during those same hours. Please feel free, as always, to contact me if you have any questions or need me to obtain any additional information.
  • Potential Transmission Project – RFP for Sale of 69kV Assets. We advertised for proposals for the potential sale of the Village’s 69kV Assets. We opened proposals for the purchase of the existing 69 KV Transmission Facilities and Establishment of a Second 69 KV Interconnection on December 2, 2019. We received one (1) proposal, which was from AMP Transmission. The proposal has been forwarded to Courtney and Associates for review.
  • Efficiency Smart – “Electric Bill Advice” Program. Efficiency Smart is launching a new “Electric Bill Advice” Program. Through this program, customers can contact customer support, answer some questions about their home, and receive energy saving tips and advice based on their answers. We will be adding an announcement on/with the bills as follows:
Does your electric bill seem higher than typical? Efficiency Smart’s free Electric Bill Advice program can help you understand the electric use in your home and provide suggestions that can help decrease high bills. Call Efficiency Smart at 877-889-3777 or visit and select “Electric Bill Advice” for more information.
  • Efficiency Smart – Rebates on Heat Pumps. Residents can learn about new rebates on air source and cold climate heat pumps.
There is a$100 Rebate on select air source heat pumps. Air source heat pumps work by absorbing heat from the outside air and transferring it into your home. Modern heat pumps can reduce electricity use for heating by approximately 50% compared to electric resistance heating such as furnaces and baseboard heaters.
There is a $750 rebate on select cold climate heat pumps. Cold climate heat pumps are designed specifically for very cold climates and can efficiently extract heat from air with temperatures far below 0°F. These heat pumps provide a very efficient way to heat homes, lower electric bills and improve comfort.
Residents can learn about new rebates on air source and cold climate heat pumps by visiting or calling Efficiency Smart at 877-889-3777 for more information.
  • 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.
  • Safe Routes to Schools – Route 62 Shared Use Path (Brewster SRTS 110990).  Work continues on the Safe Routes to Schools (SRTS) Route 62 Shared Use Path (SUP).
ODOT is monitoring the project closely, even though our grant of $150,000 won’t be available so we can begin construction until 2022. We are providing them with required documentation of our progress on the project. The date that we have in our schedule indicates stage 1 plans will be submitted on or before March 27, 2020. We have submitted an executed LPA Agreement required by the SRTS Grant. We have presented the joint support letter and maintenance agreement for the completed SRTS SUP to Fairless Schools (I met with Superintendent Broc Bidlack Friday December 6th), and once executed will submit those to ODOT as well.
Our engineer, Thrasher, has completed plans for two (2) preliminary alternative alignments, so that we can proceed with surveying and preparing preliminary plans for those alignments. Property owners will be notified prior to any survey work commencing. Once that work is done, there is a process that is required that includes preparation of easements and valuation (appraisals), all which must occur BEFORE the Village may contact/discuss the project with the property owners.
  • Siren – Deactivation for Fire Calls. I have had discussions with Chief Colucy, and at this point I believe these are the options that if implemented he would approve deactivation of the siren for fire calls:
  1. Installation of rapid flashing beacons (similar to those for the school cross-walks on 7th Street and Route 62). We have a rough price based on quotes from earlier this year.  Path Master’s price for signs and associated equipment is $103,00.00.  Poles and anchors from Powerline Supply comes to $2,365.58 and $814.34. The total would be approximately $13,479.92, plus Electric Department labor to install.
  2. Pre-emption devices, at a cost that exceeds $10,000 per intersection.
  3. Erection of Fire Station Warning Signs. We have oversized signs in stock.
He has indicated that he would like a red flashing light at/near Wabash and Main if option 3 is chosen, which would be similar to the light at Strausser and Route 241 for Jackson Township Fire Station at that location.
The siren could then be activated only in the case of emergency, such as tornados. Council needs to make a decision on what course of action it wishes to take.
  • Training – Agreement with AMP for the Electric Department. I will be signing an agreement on behalf of the Village for AMP to provide training to our Electric Department, which will be done based upon our determination of what (and when) training is needed and within our Employee Handbook policies and the Electric Department budget. The agreement will be reviewed and approved by the Law Director before it is signed and returned.
AMP currently provides safety training to the Electric Department on a quarterly basis, and safety training for all Village employees on a bimonthly basis.
  • Utility Billing – Electric PCA for November. Due to a glitch with bill calculation, the Electric PCA charge was omitted from the bills that were sent out for December. The options when the omission was discovered was:
  1. Re-run new bills with the PCA, tear open all 860 plus of the bills that had already been sealed with postage on them, remove all 860 plus bills and monthly newsletter, insert the new 860 plus bills and the newsletter into new 860 plus envelopes (all 860 plus old envelopes and attached postage could not be “salvaged” and the value/cost would be “written off”), and mail new 860 plus bills.
  2. Send out the 860 plus bills as is and calculate the PCA to be billed in the future.
Option 2 was chosen, as it required the least amount of additional work to correct the omission and resulted in no loss of value/costs.
Based on Option 2, we now have two (2) new choices:
  1. Add the omitted Electric PCA charges to residents December bills, received and due in January.
  2. Waive the omitted Electric PCA charges from November (total amount $37,107.77).
Our total monthly electric billing for November without the PCA was a total of $434,303.80. So the PCA represents approximately 8.5% of November billing.
Looking at annual income, the $37,107.77 is less than 1% of our approximate annual total electric billing.
We have reviewed our financial position, the fact that the Construction portion of the substation project came in under estimate and feel that the Village Electric Department is in a position that it could waive the PCA for its customers for this single time, without jeopardizing future rates.
A decision needs to be made at the December 16th Council Meeting one way or the other for December billing.
  • OPWC Application(s) – 2020. I am looking ahead to OPWC Applications for 2020. One of the important factors in being able to obtain OPWC funding is having completed plans at the time of submission of the OPWC application. Without the ten (10) points we received for completed plans for the North Water Tower Project, and most recently the Jefferson Ave Sanitary Sewer Replacement Project, we would not have finished high enough to receive funding from District 19. Similarly, without the ten (10) points we received for completed plans for the 7th Street Paving and Rehabilitation Project and East Main Street Paving & Rehabilitation, we may not have received OPWC Small Government funding.
So, keeping in mind how important having completed plans at the time of submission of the OPWC application is, I am negotiating with Thrasher on two (2) potential projects for OPWC. The first is East Main Street between Wabash and Cleveland and the second is Park Drive between Main Street and the north side of the levee and the south side of the bridge and 7th Street.
I will have a preliminary layout for East Main Street between Wabash and Cleveland in January for consideration.
  • Federal Motor Carrier Safety Administration (FMCSA) Clearinghouse. Effective January 6, 2020 the Federal Motor Carrier Safety Administration (FMCSA) will have a Clearinghouse, which is a secure online database that will give employers, the Federal Motor Carrier Safety Administration (FMCSA), State Driver Licensing Agencies (SDLAs), and State law enforcement personnel real-time information about commercial driver’s license (CDL) and commercial learner’s permit (CLP) holders’ drug and alcohol program violations.
The Clearinghouse will contain records of violations of drug and alcohol prohibitions in 49 CFR Part 382, Subpart B, including positive drug or alcohol test results and test refusals. When a driver completes the return-to-duty (RTD) process and follow-up testing plan, this information will also be recorded in the Clearinghouse.The Clearinghouse will also identify drivers who move frequently and obtain CDLs in different States and link those CDLs, in order to maintain complete and accurate information on such drivers. It will also address drivers who leave an employer and do not reveal past violations to new employers, such as the Village.
The Clearinghouse will offer employers a centralized location to query driver information and report drug and alcohol program violations incurred by their currentand prospective employees holding CDLs and CLPs. The employer must use the Clearinghouse to:
  • Conduct a full query of the Clearinghouse as part of each pre-employment driver investigation process.
  • Conduct limited queries at least annually for every driver they employ.
  • Request electronic consent from the driver for a full query, including pre-employment queries.
  • Report drug and alcohol program violations.
  • Record the negative return-to-duty (RTD) test results and the date of successful completion of a follow-up testing plan for any driver they employ with unresolved drug and alcohol program violations.
The Clearinghouse is subject to certain provisions of the FCRA. However, the Agency does not fall within FCRA’s definition of “consumer reporting agency.” Therefore, provisions of the FCRA that impose obligations on “consumer reporting agencies” do not apply to the Agency’s administration of the Clearinghouse regulations. However, if an employer or consortium/third-party administrator (C/TPA) is subject to the FCRA, they should comply with their individual requirements. The Village is subject to the FCRA and will comply, as it does now, with reporting requirements.
Those who are authorized to access the clearinghouse are:
  • CDL drivers
  • Employers – this includes motor carriers and other employers of drivers operating commercial motor vehicles (CMVs) that require a commercial driver’s license (CDL) or commercial learner’s permit (CLP)
  • Consortia/third-party administrators (C/TPAs)
  • Medical review officers (MROs)
  • Substance abuse professionals (SAPs)
  • Enforcement personnel
The Village will becharged a fee to conduct limited and full queries within the Clearinghouse. There will not be any fees for registration or other Clearinghouse activities. The Village will be required to purchase a query plan to ensure they and their designated C/TPAs can conduct queries.
The Village will also be required to report specific matters to the clearinghouse, such as positive tests or SAP referrals. The final rule does not change any existing requirements in the U.S. Department of Transportation (DOT)-wide procedures for transportation workplace drug and alcohol testing.
Finally, once a driver has registered in the Clearinghouse, he or she will be able to access his or her Clearinghouse record electronically, at no cost. This record would include any drug and alcohol program violation information available in the Clearinghouse, along with the status of their return-to-duty (RTD) process, if applicable.
As the Village has no plans to hire in the near future, and because the requirement for annual limited queries for our current CDL License holders isn’t effective until January 6, 2020 and we have some time to comply with that requirement, there is no RUSH to update (or add) any policy and or forms at this time. I have prepared forms, which I have asked the Law Director to review. Once he has done so we can move forward with getting signed consent from current employees for ongoing limited queries and finalizing any policy language.
  • Indigent Burial and Cremation Support Program.  The state of Ohio has created an Indigent Burial and Cremation Support Program to assist local governments with the costs associated with their responsibility for disposition of indigent residents. Ohio Revised Code Section 9.15 requires local governments to provide final disposition for its indigent residents.
The Indigent Burial and Cremation Support Program has $1 million in funds for each fiscal year (beginning July 1, 2019), totaling $2 million for the biennium. Reimbursement is based on a four (4) step process:
  1. The local government entity must be a registered supplier with the State of Ohio.
  2. A local government entity that is not a registered supplier cannot be reimbursed.
  3. The local government entity is required to determine whether the deceased is indigent;
If the deceased is determined to be indigent, the local government entity must work with a licensed funeral director to provide final disposition (burial or cremation) at its expense;
  1. The local government entity must apply for reimbursement and include the required documents no later than sixty days after the burial transit permit or disposition permit is issued. 
Reimbursement is subject to the availability of funds and will be awarded to complete applications on a first come, first served priority basis. 
I have provided Council separately with a full description of the program.
  • Tree Program – 2019.  In 2019 the Village removed 23 dead or hazardous trees at a cost of $12,775. In addition, the Village replaced sidewalks damaged by trees that were removed at a total cost of $9,683. Finally, the Village replaced/planted 51 trees (some for 2019, some going back to 2018) at a cost of $5,778.47. Some of those costs were assigned to the Electric Department, where trees were in wires or posed a threat to wires and poles. Some of the sidewalk replacement cost was assigned to the Sidewalk Fund.
  • 7th Street – Repair at Levee Gate. The US Army Corps of Engineers has awarded a contract to make repairs to the sill on levee gate to Brannon Contracting & Maintenance, Inc. of Duncan Falls, Ohio. The Corps has indicated that their Accident Prevention Plan has been approved by their safety office, and that their contracting folks are going to schedule the preconstruction meeting with their contractor sometime after November 12th. The Corps has reached, and plan to meet with the Village to discuss traffic control and work limits.
  • ODOT – Route 93 Paving and Drainage Issue(s). The Village had both sides of the storm sewer (the northeast corner and the northwest corner) cleaned, so that the lines can be visually inspected. It has been subsequently videoed as well. It is scheduled to be re-cleaned and re-videoed. These steps should provide ODOT and the Village adequate information so we can jointly continue to investigate the possibility of completing repairs before or during the upcoming paving project.
  • Request to Assist in Cost – Removal of Trees in Paper Alley behind 641 Horton St NE. I previously discussed with Council a request from a resident to remove trees from a ten (10-foot-wide paper alley that runs north from Harmon NE parallel (behind) the houses on the west side of Horton. At that time, I recommended that we do not undertake the removal, as the trees were planted by the residents (past and/or present) to provide privacy within the alley, and not by or for the benefit of the Village. I indicated that the cost would be high, and if we were to set a precedent of removing trees in “paper alleys” the cost would be prohibitive. At that time, I indicated that it would be a better course to vacate the alley (cost of survey), as there are no utilities in the existing right-of-way, and allow the residents to determine what they wanted to do with the trees.
At this point the resident has gotten an estimate to remove the trees, presumably in the existing right-of-way as we have not yet had it surveyed and has asked for the Village to contribute to the cost of removal. His estimate, for approximately 25% of the trees in this existing right-of-way, is $4,000, so conservatively to remove all the trees on this alley would be $16,000.
As I stated before, once we set a precedent, there are NUMEROUS paper alleys (right-of-ways) where residents will have the same expectations. This year’s entire tree budget was $22,500.
The resident would like an answer regarding a Village “contribution” to removal and would like a decision at the December 16th Council meeting.  My answer would be no – that the Village is not in a position to contribute to removal.
  • Advertisement for Statements of Qualifications from Engineering and Surveying Firms. I have placed our annual advertisement seeking statements of qualifications from engineering and surveying firms interested in doing business with Brewster on Projects in 2020.This is one of the ways the Village stays in compliance with Ohio Revised Code in selecting engineering and surveying firms to provide services on Village projects.
  • Yard Waste – Christmas Tree Drop-Off. We are approaching the end of our contract with the Stark-Tuscarawas-Wayne Solid Waste District for yard waste. Last year, there was a gap between the conclusion of one contract and the beginning of the next. During that gap, the Village kept the yard waste facility open for Village residents only.
Our grant agreement technically ends January 31, 2020 for this cycle. So, during January we will be keeping the yard waste facility open to both Brewster residents and all Solid Waste District residents.
  • Based on the invoice we have just provided for November, and knowing how the volume increases this time of year, it is safe to say we will use (or have already used) our entire grant amount on hauling. However, the Solid Waste District Board made a motion to adjust annual funding amounts to fully cover the hauling costs for every site contingent upon funding availability and verification of actual hauling costs. So we will be permitted to request to apply grant funds (if any remain at that point) toward the January Christmas tree collection. The Solid Waste District has indicated that they will do their best with the available funding to ensure sites such as Brewster receive as much as they can of the true hauling costs.

    So, as last year unless Council objects I plan to keep the Yard Waste facility open in January, and because our agreement with the Solid Waste District doesn’t expire until January 31st, 2020 keep it open for both Brewster residents and Solid Waste District residents.

    Employee Wage Increases. The Compensation committee has met to review the employee wage increases that were passed by Council for 2018, 2019, and 2020. It is the opinion of the Compensation Committee that the raises specified for 2020 can be supported by the Department budgets, and that they should go into effect for all employees who receive a satisfactory of higher evaluation.
As this is the final year covered by the ordinance, a new Compensation Committee should be formed to review comparable wages for the various Departments and positions, as well as comparable percentage wage increases, similar to the extensive review that was completed in 2017. The comparable wages for our Part-Time Firefighters and Paramedics should also be included in this review.
  • Annual Employee Evaluations. We are in the midst of completing employee evaluations, in accordance with Employee Handbook Policy 3.23 and as a requirement of the compensation package for Village employees, which states:
SECTION 8:         Wage Modifications Contingent on Performance Evaluations
All pay increases outlined in this legislation shall be based on a satisfactory or higher performance evaluation.   Employee who have been evaluated satisfactory or higher shall receive an increase in accordance with this legislation.   An employee that receives an evaluation of less than satisfactory shall not receive any increase in compensation or any applicable longevity increase. 
Council Member Hilliard asked about the tree removals off of Horton.  VA Miller has looked at the trees and recommends that the alley be vacated.  The VA stated the Village does not benefit from the removals, only the property owners would benefit.  This would not be a good use of public money. 
Council Member Hilliard asked about the PSCA not being applied to the utility bills due in December.  VA Miller recommends waiving the 8.5% PSCA otherwise the amount will be added to next months bills.  The Electric Fund can afford this one-time reduction without affecting the rates.
VA Miller showed Council what was left of a piece culvert this came out when the storm sewer was recently jetted.  A replacement project for 2020 was discussed.
  1. Oaths of Office – Brewster
  • Judge David Stucki will provide an Oath of Office Ceremony for the new Mayor and the two new members of Council on New Year’s Day at Village Hall at 6 pm.   All invited.
  • Note: The Village Clerk-Treasurer takes Office on April 1st
  1.             Council Organizational Meeting – January 6, 2020
  • During the initial stages of the First Council Meeting of the Year Council is required to:
  1.  Elect a President Pro Tempore: Council Rule #4 and ORC 731.10 directs that Council      shall Elect a President Pro Tempore from its own number who shall serve as acting Mayor in the absence of the Mayor
  2. Adopt Council Rules for 2020: Council Rule #17 states: At the January organizational meeting of Council each year, the Council shall adopt by motion Rules of Council for the calendar year. The Rules of Council must be in compliance with applicable Ohio Revised Code and Ohio Attorney General Opinions and (O.R.C. 731.45) - The legislative authority of the Village shall determine its own rules & keep a journal of its proceedings.
  • Handout on 12/02 – copy of the 2019 Council Rules for Council’s review and consideration
  • Although Council Rules can be modified by Council at any time traditionally amendments to the Council Rules have been offered at the first Meeting of the year.
  • An example of a modification that Council may want to review is possible language conflict in Rule #19 – Council Vacancy and Rule #20 - Council Resignations that was pointed out recently by Solicitor Anthony; Solicitor will provide a modification for Council review
 3.            REHASH - 2020 Council Committee Assignments
  • Handout on 12/02- Copy of the 2019Council Committee Assignment List
  • Suggest that each member of Council consider what Committee he or she prefers to Chair in 2020 and advise new Mayor Chuck Hawk of their preference
4.            Terry Fowler Field – Bimeler Park’s Field #1
  • Mr. Fowler has been advised that Village Officials will request that the Brewster Youth Baseball & Softball Association make the dedication of Field #1 as “Terry Fowler Field” a part of that organization’s Spring of 2020 Opening Day event
  • Mr. Fowler has also been advised that appropriate signage will be provided by the Village in readiness for that event
  • Suggest that the signage be ordered soon in anticipation of the Spring of 2020
5.            WANDLE House Key
  • For twenty plus years Brewster has had an agreement with Bob Luckring at the WANDLE House to allow Village residents to utilize the basement rooms in the WANDLE House as an emergency shelter for such events as tornado sightings in the Brewster area and so forth
  • Currently the Brewster FD has a key to the WANDLE House shelter and in an emergency event FD personnel would provide access to specific basement rooms
  • Mr. Luckring has suggested that a KnoxBox be utilized instead to provide access
  • The Mayor has suggested that the PD be designated as the local agency to provide access through a KnoxBox to the WANDLE House as needed in emergency events.  The VA will work with the FD and PD Chiefs and Mr. Luckring to initially adopt a Village KnoxBox policy for this and similar situations and possibly then to utilize a KnoxBox at the WANDLE House
  • A Village KnoxBox policy could be used at other area locations
December 16, 2019:
  • Fire Pay = $3,157.49
  • The Village received a $218 Grant for EMS. 
  • I worked with a broker this year for investments.  We were able to take advantage of the higher rates and had an excellent year with over $120,000 in interest receipts.
  • The 2020 Volunteer Firefighters’ Dependents Fund Certificate of Annual Election of Board Members is due by the end of January.  Last year Councilmen Dale Fox and Dave Godwin served on the board.  Ray Heitger also served on the board. 
  • Please review and sign the check register on the table.
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 tonight at 6:30 pm – review of Architect Plans for FD Expansion Project
2. Public Records Commission Meeting was held at 6:30 pm
3. The second Council Meeting in January will be scheduled for Tuesday, January 21st
Of Note:
January 1, 2020 – Oaths of Office for newly Elected Village Officials by Judge Stucki – 6:00 pm
January 21, 2020 at 6:45 pm – Public Hearing to review proposed Zoning Amendment concerning Retaining Walls
EXPENDITURE REQUESTS from past meetings:
None pending
Welty Cemetery Proposal from Welty Cemetery Board: Council has met w/Welty Reps; a Council of the Whole was held on 09/03 to discuss the proposal; Council has requested an outline of how the Cemetery would be operated by the Village if the proposal is accepted (Councilman Hawk and Mayor Schwab will provide a draft of an outline)
OLD or NEW BUSINESS: (Council Rules dictate a one meeting review period for expenditures, unless deemed an emergency)            
COUNCIL MEMBER HAWK MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to waive the PSCA on the bills due in December.  The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to approve the fire pay of $3,157.49.  The vote: All yes.
Council Member Hilliard asked the Village Clerk if the EMS Fund was healthy enough to purchase the EMS jackets.  Clerk King stated that the Mayor put a freeze from the Fire and EMS accounts in order to have funds to operate the Fire and EMS through the first three months of 2020.  The Fire Fund has already been advanced $70,000 from the General Fund to pay architect fees.  Councilman Hilliard stated that Rules of Council require purchases to wait one meeting anyway.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to approve the overages on the 7th Street Improvement Program.  The vote: All yes.
Mayor Schwab expressed that it has been a pleasure working with the members of Council and that it has been an honor to serve his community as Mayor.
Village Speaks:
Audience Remarks:
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to adjourn the meeting at 8:34 PM. The vote: All yes.
Respectfully submitted,
Kris King, Clerk-Treasurer
Mike Schwab, Mayor