July 1, 2019 - Meeting Minutes

MINUTES
BREWSTER VILLAGE COUNCIL
July 1, 2019
7:00 P.M.
 
Brewster Village Council met in regular session with Mayor Mike Schwab presiding.
 
7:00 P.M. – CALL TO ORDER
 
Council Members bowed their heads for the invocation provided by Clerk-Treasurer Kris King followed by the Pledge of Allegiance.
 
MEMBERS PRESENT:
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              
 
VILLAGE OFFICIALS:
John Anthony, Solicitor                                  Kris King, Clerk-Treasurer
Michael L Miller, Village Administrator
 
MINUTES FROM THE JUNE 17, 2019 REGULAR COUNCIL MEETING:
Mayor Mike Schwab asked if there were any additions or deletions to the June 17, 2019 Council meeting minutes.
 
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to accept the minutes as presented.  The vote: All yes
 
PRESENTATION OF BILLS:
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to accept the bills in the amount of $ 412,538.93.  The vote: All yes.
 
AUDIENCE:
Ray Heitger, Fire Chief Chris Colucy, and Police Chief Keith Creter were in attendance.
 
PRESENTATION OF GUESTS:
None
 
CONSIDERATION OF ORDINANCES:  Titles of each read by Solicitor John Anthony
ORDINANCE 50-2019: An Ordinance Authorizing participation in the Stark County Land Reutilization Program 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 51-2019: An Ordinance Authorizing the Addition of a Single-Family Equivalency Usage Sewer Rate was given second reading.
 
COUNCIL MEMBER GODWIN 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.  VA Miller explained that in order for the sewer project to move forward this legislation needs to be passed and forwarded to the County.
 
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to pass the legislation as presented.  The vote: All yes.
 
ORDINANCE 52-2019: An Ordinance Authorizing Amending the 2019 Stark County and Brewster Sanitary Sewer Agreement was given second reading.
 
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to suspend the rule requiring three separate readings and bring the legislation forward for passage.  The vote: All yes.  VA Miller explained that in order for the project to move forward this legislation also needs to be passed and forwarded to the County.
 
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to pass the legislation as presented.  The vote: All yes.
 
ORDINANCE 53-2019: An Ordinance Authorizing the Purchase of a 2020 Chevrolet Tahoe Police Pursuit Vehicle was given first reading.  Chief Creter is requesting Council to pass this under emergency.  Car #2 is having issues and is going to have to have the rear suspension repaired.  Councilman Hilliard stated that since Council is intending to buy it anyway, it may as well be passed under emergency to make sure the department isn’t short a vehicle.
               
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD 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.
 
First Reading: An Ordinance Amending Ordinance 27-2016 with the Addition of a Sale of Bulk Water with Fire Department Delivery Policy. 
 
Intro by Mayor: First 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).
 
ORDINANCE 54-2019: Intro by Mayor: First Reading/Emergency – An Ordinance Authorizing the Bidding of the East Main Street Paving and Rehabilitation Project (estimated $ 103,000 project w/OPWC share = $ 51,964 & BX = $ 54,086).
 
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX 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 HESS and motion carried to pass the legislation as presented.  The vote: All yes.
 
ORDINANCE 55-2019:Intro by Mayor: First Reading/Emergency – An Ordinance Awarding a Contract to Superior Paving for the 2019 Brewster Paving Project (Contract = $ 160,739.31; Engineer’s estimate = $ 193,428.78).
 
COUNCIL MEMBER GODWIN 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 HESS and motion carried to pass the legislation as presented.  The vote: All yes.
 
Councilman Hilliard requested the streets being paved be read into the minutes:
2019 Paving List – from VA’s communication

 

Street

 

From

 

To

 

Length

 

Width

Square yards

Notes

 

Elton

 

Wabash

West Corp Limits

 

2685

 

20

 

5967

Mill 1 inch; 10 foot initial 1-inch course

center to improve drainage; Final course

2 inches Funded by Stark County Municipal Road Fund

 

Scioto NW

 

Harmon

South Terminus

 

1429

 

28

 

4446

Mill to depth to remove fabric

Partial base repair; Pave minimum 1 ½

Inch Funded by Village Income Tax

6th St. SW

Wabash

McKinley

525

36.5

2129

Mill to depth to remove fabric; Pave

minimum 1 ½” Funded by Village Income Tax

Bimeler SW

Wabash

McKinley

574

18

1148

Mill & Pave 1 ½ inch

Funded by Village Income Tax

4th St. SW

Washington

Lincoln

590

15

983

Overlay 1 ½ inches

Funded by Village Income Tax

Depot Court

2nd Street

South Terminus

171

18

513

Mill & pave 1 ½ inch

Funded by Village Income Tax

Lake Erie Place

Alley

West catch basin

210

13

303

Mill and pave to reestablish drainage

Funded by Village Income Tax

Seventh Street

 

SR 62

West Corp Limits

 

4718

 

24/29

 

13,062

Repair, Mill, Fill, & Pave; Portion of curb & Gutter OPWC Project Funding (49%)

Village Income Tax (51%)

 
MUNICIPAL DEPARTMENT REPORTS:  
A. FIRE DEPARTMENT:  Chief Chris Colucy
  1. Submitted a request for Paramedic Training at $ 4000 for Jared Baer to Mayor’s Office for June 17 Council Meeting; request is listed at Agenda Item: EXPENDITURE REQUESTS FROM PAST MEETINGS.
  2. RED Center: 344 Calls thru May; 316 same period in 2018.
  3. Chief Colucy will be meeting with the Wheeling and Lake Erie Railroad concerning the 1st Street property discussed for a Fire Station site.
  4. Chief Colucy requested that Council bring any questions concerning the Fire Department directly to him and not go through other members of the department.  A question was brought up to Asst. Chief Mohler concerning the need for four Fire Inspectors in Brewster.  The Chief discussed a Fire Bureau and passing the State Fire Code in order to enforce the laws.  Councilman Hilliard stated he was the person asking the question and does not understand why he can’t ask questions to the Asst. Chief. 
  5. The area from which people can become Brewster Fire Department members was discussed.  You must live in the response area.
 
B. POLICE DEPARTMENT: Chief Creter
  1. The June Activity Report was discussed.
  2. RED Center: 1236 calls through May; 936 for the same period last year
  3. Chief Creter thanked Council for passing the purchase of the car so quickly.
 
VILLAGE SOLICITOR: John Anthony
  1. Stark County Commissioners’ Resolution approved the annexation of 13.70-acre solar field from Sugar Creek Township to the Village of Brewster on June 26th (Does Council need to accept by legislation?).  Solicitor Anthony stated that legislation would be needed eventually.  The plat still needs recorded and notifications need to be made.  He will handle these items.
  2. A letter was received stating that Brewster’s ordinances concerning dogs were not in compliance and that we still had specific breeds listed as vicious.  It was confirmed by the Solicitor that we are in compliance.
 
COMMUNICATIONS:
 1.    Brewster Parke: Annual Christmas in July – Christmas Tree & Donation of Care Packages for residents.  There will be a drop off box where residents pay their utility bills.
  1. Stark RPC: District 19 will be accepting application for 2020 OPWC infrastructure projects until 09/13/2019.
 
VILLAGE ADMINISTRATOR: Mike Miller
Administrator’s report for period 6/18/2019 thru 7/1/2019:
  • 2019 Paving Project. Bids were opened for the 2019 Paving Program on June 21st, 2019.
Bids were opened for Brewster’s 2019 Paving Project last Friday. We received five (5) bids. ALL the bids were below the Engineer’s Estimate, with the apparent low bidder 16.9% below. I am attaching the bid tab and page 28 of the bids that details/breaks down the bids by items.
I have also provided Council with a ROUGH break down of the apparent low bidder converted to an estimate per street. It is ROUGH, based on mathematics only. I took OHM's spreadsheet, and reduced all the estimates by 16.9%, the amount the low bidder came in under OHM's estimate. It may not account accurately differences such as a leveling coat and top coat on Elton or base repair on Scioto, but they are as close as I can get.  The good news is it appears that Elton can/will be paid entirely out of MRF funds, with no Village funds.  I have reviewed the bids, and I am recommending that Council award the contract to Superior Paving in the total estimated amount of $160,739.31, subject to changes in quantities in the field.
 
  • OPWC Grant – East Main Street Paving & Rehabilitation Project. I met with Thrasher Thursday June 20th at their offices to review the construction portion of the specifications to make some final changes. It is ready to bid as soon as we get the authorization to do so from OPWC, sometime after July 1st.  The construction estimate is being revised, but our last estimate was$103,800. The Village share will be $54,086 and OPWC’s share is $51,964.
 
As we are fast approaching July 2019, I am requesting formal authorization to advertise and receive bids for the East Main Street Paving and Rehabilitation Project.
As a reminder, the East Main Street Paving and Rehabilitation Project runs from Cleveland to Jackson. The project will include a narrowing of pavement with installation of curb and gutter on the south side of Main. The pavement will be 28 feet wide, allowing two (2) 10-foot travel lanes and an 8-foot parking width on the north side (10 feet when including the 2-foot gutter). The elimination of an average of 4 feet of pavement at the west end and near Park Drive approximately 8 feet will help offset 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 would recommended it be part of the project cost. The reasons being:
  • 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 seems counter intuitive.
 
The project also includes and/or takes into account:
 
  • Main Street needs paved.
  • The actual pavement will be reduced by approximately 4 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 2 twelve-foot travel lanes.
  • The curb and gutter and width of the street will encourage slower speed (traffic calming).
  • Because of the “narrowing”, approximately 60% of the cost of the curb and gutter is partially paid for by the savings in asphalt.
  • Handicapped ramps are planned to be installed at:
 
  1. SE corner of Cleveland and Main (10 foot to accommodate future SRTS SUP (Shared Use Path)
  2. East Main across form entrance ramp to Witting Park
  3. Jefferson and East Main (4 foot)
  4. SW corner of Park Drive and Main (10 foot to accommodate future SRTS SUP
This portion of Main Street is part of the proposed Safe Routes to Schools Plan, so we will be accomplishing some of the listed tasks. It also positions the Village to complete the SUP on Park Drive between East Main Street and 7th Street.
As Council is aware, we only received partial funding for our SRTS application, the portion that was turned down was Park Drive, due to in ODOT’s opinion the high cost. Looking forward, in order to get SRTS Funding in a future application, or even building this portion with other funding, it is important to look at other ways to reduce the cost. In reviewing our options on Park Drive, it has been determined after review with Thrasher of Park Drive, 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:
  • Because the Village already has sufficient right-of way on the east side of park 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.
  • Because 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.
  • Because 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.
  • 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. Having the crossing for Park Drive at East Main, with a better sight lines to spot individuals in the crosswalk, 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.
If you have any questions or need clarification feel free to contact me.
  • 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.
Since it was determined to do a final site survey, GPD is pushing back the bidding schedule to allow for any changes necessary as a result of the survey, so we can avoid “foreseeable” change orders. We now plan to move the first Construction Bid Advertisement from June 26th to July 17th. That moves the bid opening from at the end of July to Thursday August 15th. 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.
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 setting 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
  • 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 draw down.
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.
 
  • Bulk Water – Pool Filling. I forwarded a number of redrafts initial draft of a bulk water policy (pool filling) after receiving feedback to address concerns raised.
 
  • 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 Metropolitan Sewer District 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 to 6000 gallons per month per home.” (Bold 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.
 
I would ask that Council pass the legislation authorizing the amendment Monday July 1st on its second reading on an emergency basis so that the Stark County Metropolitan Sewer District can proceed with preparing plans and move forward with construction to eliminate failed septic systems and provide services to the house sold that cannot get a septic permit and has remained vacant.
 
  • 7th Street Road Closures/Detour.
It is anticipated that FULL closure of 7th Street at the culvert immediately east of the levee gate will begin at some point in July so the Stark County Engineer can begin and complete replacement of their culvert (note: they plan to have 7th shut down to all but local traffic and detour all other traffic down Route 62 to Route 93). It is anticipated that the closure will last approximately two (2) months.
 
As an FYI, the following is a list of other partial or full road closures on 7th Street this summer:
 
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
  • 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.  I spoke to the Army Corp. of Engineers.  They are asking if Black Horse Bridge company is still interested.
 
  • Storm Sewers. The Street Department continues to do storm sewer work. They 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.
 
  • 7th Street Curb and Gutter. Now that all the catch basins are in place on 7th Street, and we anticipate that 7th Street will be shut-down for the Stark County Engineer’s culvert replacement, we are setting up a time for the curb and gutter to be installed by Central Allied.
 
  • 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.
 
  • 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 manhole at 5th and Jefferson,
  • modifying the 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.
 
  • Speed Feedback Sign – 7th Street SE. A new solar powered speed feedback sign has been installed on 7th Street SE, just to the west of the current Brewster Corporation limit on the north side. This completes one of the steps that was previously communicated to residents on 7th Street to slow traffic, and also completes a task listed in the Village’s Safe Routes to Schools Plan adopted by Council.
 
  • Sidewalk Hazard Removal. I previously forwarded a proposal from Precision Concrete Cutting Inc. Ohio (SafeSidewalks) to grind the sidewalks to eliminate potential trip hazards on Wabash north of the underpass, broken down by the east side and west side of Wabash.  SafeSidewalks has done work in the Village previously. We last used them in 2017, when we contracted with them to eliminate trip hazards on Wabash from 7th to the underpass, as well as on 2nd Street by Bimeler Park, and the sidewalks at the Police Station.  The current proposal includes the east side of Wabash, where there are 72 locations at a proposed cost of $5,627.50, and the west side of Wabash, where there are 29 hazards at a cost of $3,497.50. The total for both sides is $9,125, which is well within our current budget.  As I indicated previously, I have observed a large number of walkers on the east side of Wabash. The Village has also just removed trees that were affecting the sidewalks on the east side of Wabash (I am also getting prices to replace those panels affected by the trees). Trees were removed from the west side last year. In addition, addressing the walkability this portion of Wabash, it will also check off one of the tasks listed in the Safe Routes to Schools Plan that the Village had completed. 
Unless there is an objection, I plan to proceed with this proposal.
 
  • Utility Billing and Meter Reading. Recently, I met with a landlordregarding a bill that they were left with after a renter moved out. Often, when a renter moves out, or on a final reading when property changes hands, the bill is larger because the timing of our meter reading and when that reading is billed. We bill approximately 30 days AFTER our reading, with the bill being due approximately 45 days after the reading.
While there is no easy way to address this process for all our customers at once, the Utility Billing Supervisor, the Clerk-Treasurer, the Mayor, and I have come up with a simple adjustment to our current schedule to allow any new customer (i.e. new renter or new owner) to be billed within 5 business days of their meter reading so that the bill is more timely, which will drastically reduce the amount owed (or overdue) when there is a change of renters, a change in ownership, or an account goes unpaid. It will also result in the Village getting paid more quickly with less potential exposure for unpaid accounts.
The adjustment will result in a shorter billing cycle (i.e. 25 days +/- versus 30 days +/-) at its inception, and in theory a smaller bill for all customers for one (1) month, returning to normal bills thereafter.   After inception, all new customers (new renters or new property owners) will be billed for the month immediately prior to the month the bill is due.
 
Councilman Fox told VA Miller that he had Tammy Fox, his wife and the Utility Clerk, very frustrated.  There is a reason the billing cycle is the way it is.  The VA needs to stop blowing Tammy off and listen to her.  He doesn’t need to put that much stress on Tammy.  VA Miller stated the payments are stretched out too long after the meter reading.  He has made this adjustment in other communities he has worked in and it was successful.  He also stated that personnel matters should not be discussed in a Council meeting.  Councilman Fox told the VA to listen to Tammy.
 
  • Mosquito Spraying. The first mosquito spraying started on June 19th but was cut short due to weather. That spraying was rescheduled for the following Monday June 24th. The remaining tentative dates for 2019 mosquito spraying in the Village of Brewster by the Stark County Health Department are:
 
  • July 2, 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.
 
  • Walls & Retaining Walls. It was recently communicated to the Village that the Stark County Building Department no longer has jurisdiction nor inspects walls or retaining walls. The Stark County Building Department cited Section 101.2, item 22 of the Ohio Building code, changed on November 1, 2017, that states:
 
“Retaining walls, bridges, walkways or site stairs unless associated with or necessary for the building or the building egress is exempt from the Rules of the Board.”
 
That is a huge change in what the Stark County Building Department had been doing, when they stated, “Any wall over 4 ft requires a building permit”.  This is regarding a freestanding wall being built on 1st Street SW.
 
What has brought this issue to the forefront is a 5-foot plus high retaining wall that has no drainage, does not appear to my layman’s eye to be structurally sound enough to perform its function, and when it fails it and the driveway fill it is “holding back” will fall into public right-of-way and onto our street. It is on 6th Street SW. 
 
Now that we know that retaining walls such as the one on 6th Street SW don’t fall under the Stark County Building Department’s jurisdiction unless it is part of the house structure.  We will need to establish and enforce reasonable regulations for public safety.
 
  • Trees – Sidewalk Replacement Due to Removal. We have completed ourassessment and are currently soliciting bids to replace sidewalk panels damaged by “street” tress that have been removed.
 
  • NatureWorks Grant – Bimeler Exercise Area. The equipment for the Bimeler Exercise Area has been delivered. We are determining the coordination of getting the equipment installed, the area prepped, the cement poured, and the rubberized surface installed.
 
  • Muskingum Watershed Conservancy District. As I previously informed Council, I met with representatives of the Muskingum Watershed Conservancy District (MCWD) on Wednesday May 22nd to go over some of their programs as they might apply to the Village of Brewster.
 
The MCWD has a Debris Removal Program (Grant) that I have been gathering information to make an application. The application will be for debris removal from the Sugarcreek east of the bridge on Route 93. There are approximately 4 trees down on this section, which is on Village property, some of which are gathering debris behind them affecting drainage and contributing to potential flooding. There are also a couple of other trees leaning that will also fall into Sugarcreek soon.
I have obtained three (3) prices. The low two (2) are:
  • a cost per day ($1500) with an estimate of two (2) days, for an estimated price of $3,000. The amount could be higher, or lower
  • a fixed cost of $3,200.
 
I am requesting Council authorize me to apply for a grant from the Muskingum Watershed Conservancy District for a Debris removal Grant in the amount of $2,700.
 
The Village would contribute $500 to the cost to remove the trees not yet in the creek, and also use my time in soliciting bids, preparing the application, and overseeing the work as the Village match.
 
VA Miller presented a Certificate of Recognition from the Ohio EPA for the Village’s completion of a Drinking Water Source Protection Plan.  He stressed that it was completed at no cost to the Village.
 
Councilman Godwin stated that we need to get the cars off the streets for the street sweeping.  VA Miller stated that he needs to get a bidder that is willing to do one side of the street one day then the other side the next day, so the streets can be cleaned properly.
 
Councilman Hilliard brought up a light on Cleveland and 2nd Street and curbing on 7th and Cleveland going into the weight scale for Brewster cheese.
 
Mayor Schwab stated the Muskingum District grant is a good thing.  Sugar Creek hasn’t been cleaned out for a long time.
 
VILLAGE MAYOR: Mike Schwab
1.            SRO Agreement with Fairless for 2019-2020
  • Village Solicitor and Chief Creter have reviewed and approved the draft of a 2019-2020 SRO Agreement for submittal to Fairless BOE
  • The draft of the 2019-2020 SRO Agreement which is an update of the 2018-2019 SRO Agreement has been submitted to Fairless Supt. Bidlack for the BOE’s consideration.  Supt. Bidlack advised on June 27th that the agreement meets their expectations and requested a breakdown of costs for SRO#2 for the 185-day 2019-2020 School Year.  Village Clerk-Treasurer will provide to Fairless
  • Council had a First Reading of legislation approving a 2019-2020 SRO Agreement with Fairless earlier in tonight’s meeting
 
2.            Hydrant & Light Pole Quotes
  • Three industrial painting contractors have been asked to provide quotes for sandblasting, preparing, and painting 103 hydrants and to provide quotes for sandblasting, preparing, and painting 50 light poles in the Village
  • Received one Quote on June 28th; we have asked the lone bidder to provide a breakdown of a cost for hydrants & a cost for poles but at this time we believe the cost is high 
 
  1. Update: Fire/EMS Operations Upgrades – via new Jan. 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:
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
  • 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)    Council has a copy of a spreadsheet which shows the lease payment each year of the 99
       years for each of the 2 options and a total of the payments for each option over the 99 years
c.)   The Solicitor has provided preliminary research and advises that most likely any lease would legally have a maximum term of 40 years and would require that the agreement be for a lease to own
d)    I (Mayor Schwab) would recommend 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
 
4.            An AMP Project
  • Village Officials met with AMP representatives last week concerning a proposed electric project
  • When more details become available Council will be provided with all the factors involved
  • To provide guidance Village consultants have been asked to weigh in      
 
  1.             FD Chief: Has submitted a request for Paramedic Training to Mayor’s Office
  • for firefighter Jared Baer at a cost of $ 4000; this is above the $ 1000 threshold and requires Council’s approval
  • Mayor recommends:
                1. that approval be structured as a reimbursement not to exceed $ 4000
                2. that any reimbursement come from EMS Training fund
3. that a Fire Employee Training agreement (reimbursement) be signed by applicant &   Village                    (Council copy of recently updated Agreement form)
 
6.              MOSQUITO SPRAYING in Brewster on July 2nd (placed as an update on Village Facebook page)
 
  • The Stark County Health Department has moved the scheduled July 3rd mosquito spraying in Brewster and Beach City to the evening of July 2nd to avoid any conflicts with July 4th activities
 
 Please Note that:
  • SPRAYING WILL TAKE PLACE AFTER 8:00 PM ON THE SCHEDULED DATES.
  • IN CASE OF RAIN, HIGH WINDS, OR COLD TEMPERATURES, SPRAYING WILL BE POSTPONED.
  • PERSONS WHO SUFFER WITH RESPIRATORY AILMENTS MAY VACATE THE AREA.
  • BEEKEEPERS SHOULD TAKE THE NECESSARY PRECAUTIONS TO PROTECT THEIR HIVES.
 
Councilman Fox asked if the County would be putting mosquito pellets in the swamp to kill the larvae?  VA Miller will be double checking with the County to make sure they have. 
 
Councilman Fox also asked if the fire hydrants quoted for painting included the Muskingum/Harmon hydrant.  Mayor Schwab stated that one was left off the list.  (It was already painted by the resident.)  Councilman Fox asked if having youth paint them had been considered.  Mayor Schwab stated it could create a liability and he would not want any youth in danger while working on them.
 
Councilman Hilliard asked what would be done with the leftover mosquito spray from last year since the County is doing the spraying.  VA Miller stated it couldn’t be used unless the machine was calibrated and certified.  He would also have to check the expiration date.
 
VILLAGE CLERK-TREASURER:  Kris King
July 1, 2019:
Fire Pay for 06/09/19-06/22/19 = $ 2,241.51.
 
An email between one of our banks and myself was hacked.  The hacker tried to get the bank to issue a $94,500 check.  I have since worked with Seifert Technology to go through my computer to ensure it is secure.  I’ve recently spoken to two other communities that have had trouble with their emails getting hacked.
 
I’m working on getting the information off the Paychex website and into the Government Accounting Solutions software.  I’ve had a lot of balancing issues with the Paychex system and will be working to get them resolved.  Councilman Fox asked if we were done with Paychex.  I stated that the system is not able to provide the functions that we were told it would.  It is taking more time than should be necessary and is not worth the cost.
 
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 tonight for review of the Welty Cemetery proposal
  2. Council of the Whole Meeting Minutes from June 17th – Review of a Council Donation Request Policy
  3. Minutes: Public Hearing on June 17th for Screening & Buffering Zoning Proposal – measure adopted
________________________________________________________________________________________________
REMINDERS:
Summer Concert: July 20th - 7 pm until 9:30 pm in Bimeler Park w/Sugarcreek Duo
__________________________________________________________________________________________________
 
EXPENDITURE REQUESTS FROM PAST MEETINGS:
FD Chief: Has submitted a request for Paramedic Training at $ 4000 for Jared Baer to Mayor’s Office;
The Mayor recommends: (1) that reimbursement not exceed $ 4000 from EMS Training fund & (2) that the Fire Employee Training agreement (reimbursement) is signed by applicant; (Council copy of
Agreement form).  Request is above $ 1000 threshold and requires Council’s approval.
 
PENDING PROPOSALS FROM PAST MEETINGS:
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 met w/Welty Reps this evening
3. Council member Godwin: Donation Policy – Council of Whole met June 17th 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 a handout for current FD pay structure & compensation policies)
5. Mayor suggests: Council visits to each of the Village departments this Summer
 
OLD or NEW BUSINESS:
Councilman Fox asked the Village Administrator what days the current trash haulers pick up in the Village.  VA Miller stated two are on Wednesday and one is on Friday.  Councilman Fox stated that the haulers should have plenty of time before the ordinance goes into effect.  VA Miller stated the guidelines will have to be set up for when the trash vessels can be put out and when they have to be put away.
 
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER HAWK and motion carried to create legislation for a trash aggregation program based on the Village Administrator’s Solid Waste Regulations draft.  The vote: Fox, yes; Godwin, yes; Hawk, yes; Hess, yes; Hilliard, no; Radich, yes.  Motion passed.
 
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to approve the reimbursement for Jared Baer for paramedic training not to exceed $4,000 from the EMS Fund contingent on the signing of the Paramedic Training Agreement.  The Vote: All yes.
 
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to create legislation to amend the current General Fund and 1% income tax transfers as recommended by the Clerk-Treasurer.  The vote: All yes.
 
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to approve the Fire Pay of $ 2,241.51 from the Fire Equipment Fund.  The vote: All yes.
 
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to create legislation to apply for a grant from the Muskingum Watershed Conservancy District for a Debris removal grant in the amount of $ 2,700.  The vote: All yes.
 
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to create legislation for Elected Officials to receive a $50 phone reimbursement.  There was conversation that this could be construed as an increase in compensation and therefore illegal under State Law.  Councilman Fox stated he would not accept the reimbursement because he uses his computer and not his phone.  Councilman Hilliard stated he doesn’t have a computer.  Councilman Godwin stated using his phone helps to keep in close touch with the residents.  The vote: Fox, yes; Godwin, yes; Hawk, no; Hess, yes; Hilliard, yes; Radich, no.  Motion passes.
 
COUNCIL MEMBER HAWK MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to schedule another meeting to discuss Welty Cemetery on  September 3rd at 6:30 pm.  The vote: All yes.
 
VILLAGE SPEAKS: Communications Received by Council members from Village residents
 
AUDIENCE TIME:
No one wished to speak.
 
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to adjourn the meeting at 8:29PM. The vote: All yes.
 
Respectfully submitted,
 
____________________________________________________
Kris King, Clerk-Treasurer
 
____________________________________________________
Mike Schwab, Mayor