July 2, 2018- - Meeting Minutes

 

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.

 

Mike Schwab, Mayor

Dale Fox, Council Member                         Dave Godwin, Council Member

Chuck Hawk, Council Member                    Andrew Hess, Council Member                 

Tom Hilliard, Council Member                    Sydney Radich, Council Member                              

 

John Anthony, Solicitor                                  Kris King, Clerk-Treasurer

Michael Miller, Village Administrator

 

Mayor Mike Schwab asked if there were any additions or deletions to the June 18, 2018 Council meeting minutes. 

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to accept the minutes as presented.  The vote: All yes

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to accept the bills in the amount of $427,428.92.  Councilman Hilliard pointed out that $323,491.23 of the $427,428.92 was the electric supplier bill.  The vote: All yes.

 

Ray Heitger, 317 E. 7^th Street, reported on the first concert of the summer concert series.  Spicy Rhyme was scheduled to play in the park but due to a storm, was moved to the banquet hall of the Moose.  There were between 70 – 80 attendees.

 

Police Chief Creter, Officer Aaron Keener, and Part-time Patrolman candidates Robert Kern, Jacob McGrath, and Kyle Woods were also in attendance.

ORDINANCE 32-2018: An Ordinance Authorizing the Repeal & Replacement of Chapter 97 of Village Codified Ordinances was given third reading.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to pass the legislation as read.  The vote: All yes.

 

Solicitor Anthony stated this ordinance replaces the ordinance the Village passed last year.

ORDINANCE 33-2018: An Ordinance Authorizing the Modification of Village Codified Ordinance’s Chapter 97- Small Cell Wireless Facility Right of Way Use (Includes a forty-page Attachment Exhibit A) was given third reading.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to pass the legislation as presented.

 

Solicitor Anthony explained that between these two ordinances, a municipality has more authority, they provide for applications and fees for those applications, and they allow municipalities to provide regulations and guidelines for the Small Cell Wireless Facilities within municipality Right of Ways.

 

Second Reading: A Resolution Authorizing the Adoption of 2018 Supplemental Appropriations. Clerk King stated it may have to be tabled at third reading.

 

From Mayor: First Reading: Authorize an Application to the USDA for a Loan for the Jefferson Avenue SE Sanitary Sewer Main Replacement Project (Council will be asked to consider on July 16^th).

ORDINANCE 34-2018: An Ordinance Authorizing a Contract with Independent Energy Consultants (IEC) for the Village Residents’ Natural Gas Aggregation Program Consultation & to Authorize the Mayor to enter into a Supply Agreement with a Certified Supplier for 2018-2020 was given first reading.

 

Mayor Schwab stated that the Village entered into its first agreement with Buckeye Energy for a gas aggregation program in 2002 to get residents a better price on their natural gas bills.  VA Miller explained the two gentlemen that started Buckeye Energy eventually separated and one stayed with Buckeye Energy and the other started Independent Energy Consultants (IEC).  The philosophies of the two are very different.  Buckeye Energy has recommended in recent years a percentage off of the Columbia Gas price, which is good if the market is not volatile.   IEC generally recommends the best fixed price.  It is best to get your price fixed in the summer before hurricane season.  VA Miller stated this is not a simple process because it involves gas storage supply, oil prices, among other things.  He stated it is important to emphasis that this is an Opt-Out Program for the residents.  Councilman Hilliard stated he didn’t know it was a fixed price and that it is like rolling the dice.  He also stated that it is important that residents know they can Opt-Out if they wish.  Mayor Schwab stated this is being passed under emergency to get the ball rolling as time is running out to get the best price possible.

 

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to suspend the rule requiring three separate readings and bring the legislation forward for passage.  The vote: All yes.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to pass the legislation as read.  The vote: All yes.

 

Fire Department: Chief Chris Colucy (at Township meeting)

Chief commends Sgt. Rossiter & Officer Keener for their actions and for performing of CPR at a

motorcycle accident south of Brewster last Thursday night.  Mayor Schwab stated Officer Keener was first on the scene and that both officers did a fantastic job.

 

Asst. Chief Jen Mohler: Department received Ohio EMS Grant for $8,411.00.  This is for approved EMS purchases made between July 1, 2018 through January 31, 2019.  Mayor Schwab stated that she has been very successful over the years with getting grants.

 

Chief recommends the employment of Robert Kern, Jacob McGrath, & Kyle Wood as Village Part Time Police Officers; background checks have been completed; applications available for Council review.

 

Mayor requests Council’s approval of his appointment of Robert Kern, Kyle Wood, & Jacob McGrath as Village Part Time Police Officers pending satisfactory physical & drug tests.

 

Letters of Commendation have been provided to Sgt. Denise Rossiter and Officer Aaron Keener for their exemplary actions at a June 28^th motorcycle accident.

 

Councilman Hilliard reported that after the last Council meeting he went to Just Ice Cream.  A diesel pickup truck went by and blew black smoke and all the customers were upset.  He would like the police to watch for this.  One of the customers at the ice cream store stated he would like to press assault charges.

 

Councilman Godwin asked if Council could make the motion to accept the recommendations from the Chief and Mayor now so the candidates could leave.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to accept the recommendations of the Chief of Police and to approve the Mayor’s appointment of Robert Kern as a Part-Time Police Officer pending a physical, background check, and drug screen.  The vote: All yes.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to accept the recommendations of the Chief of Police and to approve the Mayor’s appointment of Jacob McGrath as a Part-Time Police Officer pending a physical, background check, and drug screen.  The vote: All yes.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to accept the recommendations of the Chief of Police and to approve the Mayor’s appointment of Kyle Wood as a Part-Time Police Officer pending a physical, background check, and drug screen.  The vote: All yes.

 

Solicitor Anthony reviewed a couple of pieces of legislation currently in the House of Representatives:

• HB175: Concerning small barnyard animals being permitted within municipalities.  Another assault on Home Rule.  Solicitor Anthony stated this is the same legislation as presented last year.  He is in the process of looking at whether it has gotten out of committee.
• HB602: This preempts municipalities from setting water rates for homes outside of municipal limits that receive municipal water.  The Ohio Municipal League asked municipalities to voice their opinions and received enough opposition to get the House to change their minds.

 

Solicitor Anthony is reviewing and preparing comments on Mayor Schwab’s Zoning Ordinance amendments. 

 

Mayor Schwab stated that the Solicitor has been doing a considerable amount of work for the Village and wished to express his appreciation.

 

Stark County Commissioners: Approved $ 17,500 in 2018 Municipal Road Funds approved for Elton Street W.; VA will contract for the application of micro-sealing to this Village street.

 

Brewster Parke: Annual Christmas in July event 07/01-07/31; request placement of a Christmas Tree with ornaments that describe items to create Care packages for BX Parke residents.

 

Brewster Cheese:  Village has received an application for and approved a Zoning Permit for the construction of silos and an associated building.  They must go to the County next for a Building Permit.

 

VILLAGE ADMINISTRATOR: Mike Miller (on vacation)

Administrator’s report for period 6/19/2018 thru 7/2/2018:

• Electric – Elm. The new poles on Elm have been installed on the north side. In the next few weeks the Electric Department will be:
• running the power for the Elm apartments overhead from Wabash to feed the transformers for the apartments
• installing new street lights on the new poles on the north side of Elm Street
• remove the existing street lights and poles on the south side of Elm Street

This project will minimize the possibility of future outages of a similar nature.

 

• Electric –Substation Upgrade/Expansion. The “kick-off meeting between the Village and GPD was held on Thursday June 21^st, 2018 at 9:30 am at Village Hall. Design is underway.

• Paving. The contract has been executed with Central Allied Enterprises, Inc. for installation of curb & gutter (in an estimated amount of $40,831.00 - final amount to be determined based on actual quantities). This work is scheduled to begin right after the 4th or the week starting July 9^th.

Central Allied Enterprises, Inc. is then scheduled to begin milling and paving Village Streets the following week of July 16^th. (in an estimated amount of $126,393.12 - final amount to be determined based on actual quantities).

 

As Council was previously informed, the total estimated amount for both contracts to Central Allied Enterprises, Inc. based on the estimated quantities for the two (2) contracts would be $167,224.12.

 

Spidell Funeral Home has agreed and entered into contract to pay for the curb and gutter on Chestnut, based on final quantities.

• Paving/Reconstruction of Tuscarawas between Chestnut & Harmon. When Tuscarawas was initially placed on this year’s paving list, the intention was to grind out to the existing curb, re-establishing drainage. However, as Council is aware, when the water line was replaced on Tuscarawas between Chestnut & Harmon it was discovered that there was not enough pavement to do so, and to function properly that this portion of Tuscarawas would have to be rebuilt, including curb and gutter. We are currently coordinating a number of items that need to be completed prior to beginning either the curb and gutter replacement or rebuilding/paving.

The first item is the extension and/or replacement of catch basins and drainage. If we don’t have this done prior to installation of curb and gutter, we would either have to delay curb and gutter installation or leave portions out and come back to “patch” in, which would be both costlier and could affect the performance of the end result.

 

The second item is the removal of a silver maple tree at 524 Tuscarawas.  Obviously, we don’t want to be removing and grinding out the stump of a large tree and potentially damage either the curb and gutter or new pavement.

Both of these are being fast-tracked so that the curb and gutter installation can occur on schedule, rather than being delayed to an unknown time later in the year.

• MRF Funds. The Village has been notified it received $17,500 in 2018 Municipal Road Funds. That is what the Village applied for, to cover the estimated cost to micro-surface over the chip ‘n’ seal. The advantages of micro-surfacing over the chip and seal were/are:

 

• micro-surfacing over the chip and seal requires no grinding or adjustment to berms
• micro-surfacing over the chip and seal projected extension on life of the surface is 9 years, about the same as untreated asphalt
• micro-surfacing over the chip and seal allows us to do it this year, before any deterioration to the current surface
• micro-surfacing over the chip and seal saves money ($17,500 versus cost to pave of $100,000 +/- plus inflation)

 

• Wastewater – Collection System. The testing/training and smoke testing of the Village sanitary sewer system on Thursday June 21^st.  There were only a few locations that need to be addressed.

• Electric – Rate Study. We have provided additional information, and continue to work with Courtney & Associates for the Electric Rate Study. We expect to have an initial face-to-face meeting in the near future.

 

• Street Department – New Employee. We have hired a replacement for Village Technician in the Street Department for the employee who resigned to take a position with a company that he formally worked for (VA Report May 7^th).

The new employee is scheduled to begin work July 16^th, and is a Village resident.

 

• 2019 OPWC Grant Application. Applications for the 2019 OPWC will be released soon. Last year the deadline for applications was September 15^th. Based on that timeline, a project (or projects) need to be identified quickly if an application(s) are to be submitted. One of the criteria that helped us be successful with scoring well and being funded in last year’s applications was readiness to proceed; that requires that plans be completed, signed, and sealed by a Professional Engineer and submitted with the application. With that in mind, at this time the only two (2) projects that could meet this criteria by September 15^th are Filter Media Replacement Project at the Water Facility or a paving project, although a paving project may not score high enough on some other criteria to be competitive.

• Mowing. We are purchasing an additional mowing deck for our Ventrac mower. The new deck is a “tough cut”, which is designed for heavier cutting and brush/trees up to 2 inches. It will be used primarily to cut the electric right-of ways. The existing mowing deck is not designed for heavier duty cutting, and would cost more to replace if damaged or from use than the deck we are buying ($3,281.62 versus $3,622.67 for regular mowing deck). The additional deck will extend the existing decks life.

We will also be adding tires (double tires) to provide more stability for slopes for safety reasons.

 

• Property Maintenance. I am still sending letters out for high grass and weeds. If any Councilpersons notice a location that they feel is in violation, please let me know.

• Water Department - Asset Management Plan. Work continues on the Village’s Asset Management Plan for the Water Department. An initial draft is expected to be completed in the next couple of weeks. The final plan is required to be completed by October 1^st, 2018.

 

• Community Planning Grant - Safe Routes to School.  Work continues on the Safe Routes to School planning grant. Committee members walked the proposed route on Friday June 22^nd, noting potential improvements and impediments to overcome.

 

• Efficiency Smart. For a limited time, Efficiency Smart is making appliance recycling even more rewarding for Brewster Municipal Electric residential customers. Schedule a FREE pick-up of a working refrigerator or freezer between July 1 and August 31, and you’ll receive $60 for recycling your unit!  You can also save up to $150 a year by not running your old appliance.  Call 844-260-3487 or visit efficiencysmart.org/brewster-ohio to schedule.

 

• Tax Exempt Applications. Applications were filedto exempt thirteen parcels owned by the Village of Brewster from property tax.

 

• Solar Project. The Brewster Solar Project continues to move forward. The recording of the deed(s) occurred as scheduled on June 15^th. The Village of Brewster now owns the 15.224 acres that includes the lane from Fairless schools and the property from the Millers.

 

The laydown area lease is currently being negotiated between NextEra and Fairless Schools.

The interconnection Agreement is being finalized as well.

I will keep Council informed as we move towards the beginning of construction in September.

 

• Jefferson Ave SE Sanitary Sewer Main Replacement Project. We have been talking to the United State Department of Agriculture about financing for theJefferson Ave SE Sanitary Sewer Main Replacement Project. The current rate is 2.375% if we can meet their health and safety standards. If not, the rate would be 3.125%. The potential term could be up to 40 years. What we have been told is that even though we do not yet have a final number for construction, that it would be prudent for the Village to apply for funding now, as funds are currently available and could be reserved, effectively reserving our place in line. If we wait, funds might not be available at that time. The Village could alter either the amount or decline the loan in the future.

 

Councilman Godwin asked which fund the mower deck was being paid for out of.  VA Miller stated it was coming out of the Electric Fund.  Godwin also asked the name of the new Street Department employee.  VA stated Rick Page.

 

Councilman Hilliard asked what was being done with the old deck.  VA Miller stated the decks could be changed out depending on the job being done so it will still be used.  Councilman Hilliard also asked if the Village was the one that used the weed killer on the residential property next to the Dollar Store.  VA Miller stated the Village employed contractor did it and the debris will be cleaning it up soon.

 

Councilman Godwin asked if the alley between Locust Street and the Dollar Store is a legal alley.  VA Miller stated it is a paper alley and is used by the Electric Department to service the main feed to the north side of town.  Godwin stated he has seen cars use it.  Mayor Schwab stated it is travel at your own risk.

 

Councilman Godwin stated the owner of Just Ice Cream wished to thank the Village for the extra trash can and stated it helped.

 

Councilman Hilliard stated there is a house that is using solar panels and to know if it is following our regulations.  VA Miller stated the regulations stop short to providing application forms for how the power comes back to our system and the Village being able to cut the power off for the safety of our workers while working on power lines.  We are lacking forms.  Stark County Building Department has been down to inspect it and found the installation to be safe.  The home owners did not apply for a zoning permit and there will be a penalty.  VA is working to provide the needed procedures and documents

 

Councilman Godwin was asked by Darlene Reed to have the last block of Needham Street looked at.  There is grass growing in it.  VA Miller will take another look at it.

 

VILLAGE MAYOR: Mike Schwab
Suggest that Council schedule a Utility Committee Meeting(s) to review the proposed Jefferson

Avenue SE Sanitary Sewer Main Replacement Project in Wastewater and the proposed South

Substation Improvement Project in Electric.  There will be a number of ordinances needed and we need to look at how we are going to fund these projects.  Council should be more familiar with the why and of these proposals.

 

VILLAGE CLERK-TREASURER: Kris King

Provided June Financial and Year-to-Date report.

 

Council was asked to review and initial the check register for tonight’s bills.

 

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

Utility Committee Meeting Minutes from June 18^th (Council copy)

EXPEDITURE REQUESTS from past meetings:

 

From resident: 7^th Street speed limit modified to 25 mph (Council has been provided the info).

 

From Councilman Godwin: Restrict use of tobacco and vaping on village grounds and parks.

 

From Mayor: Adjustment of Village Clerk’s salary be considered to begin with 2020-2024 term.    Provided to Council by VA on May 7^th - Council, Clerk, & Mayor Salary Comparable Lists.

 

From Mayor: 2018 Fire & EMS Budgets submitted to Council: suggest that Council meet to discuss future funding of Fire and EMS operations.

 

From VA/Mayor: Advertise for Proposals for a Village Solid Waste Opt-Out Program.

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to schedule a Utility Committee meeting on August 20^th at 6:00pm to discuss the proposed Jefferson Avenue SE Sanitary Sewer Main Replacement Project in Wastewater and the proposed South Substation Improvement Project in Electric.  The vote: All yes.

 

Councilman Godwin would like Council to consider legislation to change Council Rules to only have one meeting in the month of July in future years.

 

VILLAGE SPEAKS: Communications Received by Council members from Village residents

Councilman Hilliard and Councilman Godwin gave their communications earlier in the meeting.

 

No audience comments were made.

 

Fire Chief Colucy returned from the Sugarcreek Trustee meeting.  Ohio Rails Commission and PUCO would like to remove the crossing on Baymere in Sugarcreek Township.  There are 17 trains that go through the crossing plus many switches.  They have offered the township a hefty donation to agree upon the closing and want it done very soon.  It is estimated to cost around $300,000 to put in stop arms and that could be used to improve other crossings.  The Trustees voted against the closure.  Chief Colucy stated it would probably happen anyway.  Ohio Rails and PUCO stated it is less than a mile difference to use Pigeon Run Road.  The decision will be made in the next 30-60 days.

 

The Chief stated the department would spend the grant money appropriately.

 

The Chief reported that there have been almost 400 calls this year.

 

The Chief commended Sergeant Rossiter, Officer Keener, and Beach City Police Officer Joel Endress for their actions and for performing of CPR at a motorcycle accident south of Brewster last Thursday night. 

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to adjourn the meeting at 8:12 PM. The vote: All yes.

 

Respectfully submitted,

 

 

Kris King, Clerk-Treasurer