May 7, 2018 - Meeting Minutes

MAY 7, 2018
7:00 P.M.
Brewster Village Council met in regular session with Mayor Mike Schwab presiding.
Council Members bowed their heads for the invocation provided by Clerk-Treasurer
Kris King followed by the Pledge of Allegiance.
Mike Schwab, Mayor
Dale Fox, Council Member                        Dave Godwin, Council Member
Chuck Hawk, Council Member                   Andrew Hess, Council Member                 
Tom Hilliard, Council Member                    Sydney Radich, Council Member                              
John Anthony, Solicitor                             Kris King, Clerk-Treasurer
Michael L. Miller, Village Administrator 
Mayor Mike Schwab asked if there were any additions or deletions to the April 16, 2018 Council meeting minutes. 
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to accept the minutes as presented.  The vote: Hawk, yes; Hess, yes; Hilliard, abstain; Radich, yes; Fox, yes; Godwin, yes.  Motion carried.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to accept the bills in the amount of $ 642,828.03.  The vote: Hawk, yes; Hess, yes; Hilliard, abstain; Radich, yes; Fox, yes; Godwin, yes.  Motion carried.
Steve Tharp, 274 W. 2nd St., thanked council for setting up spring cleanup.  He also stated the minutes from the Finance Committee meeting on April 16th were not on the website and he would like a copy.  Clerk King stated she would get him a copy and put them on website.
Police Chief Creter, Ray Heitger, and Fire Chief Colucy were also in attendance.
CONSIDERATION OF ORDINANCES:  Titles of each read by Solicitor John Anthony
ORDINANCE 17-2018: An Ordinance authorizing the Modification of 76.04 Parking Prohibitions to add Fire Lanes and Modifying the Penalty Clause was given third reading. 
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to pass the ordinance as presented.  The vote: All yes.  Councilman Hilliard asked how fire lanes can be identified.  VA Miller stated it is defined by ORC.
ORDINANCE 18-2018: An Ordinance authorizing an Amendment to Ordinance 76-2017 Fire Department Fee Schedule for Patient Lifts at Extended Care Facilities was given third reading. 
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to pass the ordinance as presented.  The vote: All yes.  Councilman Hilliard asked if the Mayor had contacted Brewster Parke and Country Lawn Nursing Home concerning this change to the fee schedule.  Mayor Schwab stated that he had sent letters and had received no response from either facility.
Second Reading: An Ordinance to Authorize an Agreement w/NextEra & AMP to Accept 13.968 Acres at No Cost to Village (Solar Field site).
Second Reading: An Ordinance to Authorize an Agreement w/GPD for Engineering, Bidding, & Oversight Services for a Southside Substation Improvement Project. 
First Reading: An Ordinance to Authorize the Adoption of a 6.17 Employee On Duty and Off Duty Conduct Policy and add it to the Employee Handbook.
First Reading: An Ordinance to Authorize the Adoption of a 6.08 Employee Pregnancy and Nursing Breaks Policy and add it to the Employee Handbook.
From the Mayor: First Reading: An Ordinance to Authorize an Application for an ODNR Natureworks Grant for a Bimeler Park Equipment Project.  Council will be asked to pass under emergency at the next meeting in order to meet the application deadline of 06/01/18.  Councilman Hess asked what the park project was.  VA Miller explained that he was applying for a $50k grant for exercise equipment to be placed in the park where the old swing set and teeter totters were located. Councilman Hilliard discussed any camera coverage in that area.
Fire Department: Chief Chris Colucy
The new ambulance has been delivered and is now in service.
A training grant of $1,959.60 has been received.
From the last meeting: Purchase of a Lucas 3 Chest Compression System for EMS at a cost of $15,451 plus a five-year service plan at a cost of $5,834 paid over five years.
The Fire Association has purchased insurance for the festival and five people have received TIPS training.
Police Department: Chief Keith Creter
The 2015 Ford Explorer Cruiser (Car#2) had a new engine installed (due to a water pump failure) and a wheel bearing replaced – both were under warranty.
Resident’s Proposal: Seventh Street speed limit modified to 25 mph: Chief Creter has reviewed and is in agreement.  Councilman Hilliard asked if an ordinance would be required.  VA Miller stated he would supply council with all the necessary information concerning this procedure.
The bill for the litigation concerning the village’s previous health insurance provider was reviewed by the Solicitor and was found acceptable.  The village’s share was $2,657.80.  The Solicitor thinks the issue of the village’s share of the costs for the remaining debt from the plan should be resolved over the next several months.
Income Tax legislation was discussed.
There was a discussion on the closing of the property purchases for the Fairless property and the Miller property.
The village may need to amend the current ordinance relating to the Small Cell Wireless Facility Right-of-Way Legislation that has recently been passed.
Donation Request – Fairless Youth Baseball & Softball Association requests a donation of $ 1000
Ohio Secretary of State: May Primary will include Issue I – a Constitutional Amendment that creates a bipartisan public process for drawing congressional districts.
Stark County Sheriff: Safe Communities event at Pro Football Hall of Fame on May 19th at 10 to 2 kicks off May 21st to June 3rd, 2018 - Click or Ticket Campaign.
Administrator’s report for period 4/17/2018 thru 5/7/2018:
  • Community Planning Grant. The Community Transportation Planning Grant has been signed and work has begun on the Safe Routes to School Brewster Downtown to Fairless Schools Connector to develop a School Travel Plan to qualify for ODOT funding. A meeting of the committee is being scheduled.
  • Waste Water Treatment Plant Event. We have recovered from the event that began Tuesday, April 3, 2018. The replacement parts been delivered and installed. We continue to assess the event and work towards finding out what caused the initial problem, and will be implementing additional measures to alarm us sooner in the future.
  • Water - Line Replacement. Village personnel have completed replacing approximately 670 feet of 8-inch water line on Chestnut from Wabash west to the North Water Tower, as well as the line on Tuscarawas from Chestnut to Harmon. The lines should go into service within the next week or so.
  • Electric – Rate Study. The Mayor has been soliciting proposals to do a rate study for the Electric Department. The last rate study for the Electric Department was completed in 2009.
The quotes we received were:
  • MESA                                                                                    $38,500
  • Sawvel & Associates                                                       $22,000
  • UFS                                                                                        $17,900
  • Courtney & Associates                   not to exceed   $15,000
We feel that the proposal from Courtney & Associates is both the best price and meets all the items we wanted to have done (it includes up to five (5) visits to Brewster). Therefore, we are proceeding with entering into a contract with Courtney & Associates unless there are concerns and/or objections form Council.
  • Electric - Solar Recognition. Brewster has been recognized as being in the top ten (10) electric utilities adding solar power, based on watts per customer (Number 9) for 2018. This is a result of Council approving the AMP Solar Phase II agreement, where Brewster subscribed to up to 4 MW of solar electricity through Amp’s Solar Phase II Project.
  • Solar Project. The Brewster Solar Project continues to move forward. The purchases/re-plats have been submitted to RPC. I will be attending the site plan review meetings at RPC:
  • RPC Subdivision Review Committee on Monday 5/7 at 1:30 PM – Technical Review – specific questions from the Board. 
  • RPC Executive Committee on Tuesday 5/8 at 7:30 PM – Public Meeting site plan review – more general discussion and comments.
Based on our last status meeting, construction is scheduled to start early this Fall, and the solar array will begin producing commercially in January of 2019.
  • Efficiency Smart. I have forwarded the dashboard page with updated numbers through March, 2018. 
  • Trees. I am in the process of soliciting quotes for the removal of trees (and stumps ground) for Spring of 2018.As I indicated previously, a number of the trees on the list will require sidewalk repair once they are removed, as the trees lifted and/or broke adjacent sections of sidewalk.
I will continue to keep Council Informed.
  • Trees – Arbor Day. In addition to the Village’s proclamation, a Dawn Redwood was planted by the Village this year in observance of Arbor Day in Sabo Park.
  • Trees – Tree City USA Recognition. The Village has received “Tree City” designation from theArbor Day Foundation program, which is also in cooperation with the US Forestry Service, Urban & Community Forestry, the National Association of State Foresters, and ODNR- Division of Forestry. Brewster is among more than 3,400 communities that have made the commitment to becoming a Tree City USA. We achieved Tree City USA status by meeting the four core standards of sound urban forestry management: maintaining a tree board or department, having a community tree ordinance, spending at least $2 per capita on urban forestry and celebrating Arbor Day.Lola Lewis of ODNR- Division of Forestry is scheduled to deliver our flag and other items this week.
  • Parks – NatureWorks Grant Application. The Mayor and I have discussed applying for a NatureWorks grant. The deadline for submission is June 1st, 2018.  The NatureWorks grant program provides up to 75% reimbursement assistance for local government subdivisions for the acquisition, development, and rehabilitation of recreational areas. Before we begin filling out the application, we want to get Council’s input. We plan to file an application to install fitness equipment in Bimeler Park in the area the swing sets were removed from, with a total cost of approximately $50,000 – the Village’s share would be $12,500, which would come out of Park funds.
  • Paving. In preparation for paving, we felt it was prudent to have the portion of Main Street we plan to have paved this year tested (testing firm was already mobilized to test holes for Substation Expansion/Upgrade).
The two (2) borings have been completed and the test results are in. The news is good – Main Street between Rt. 93 and McKinley has sufficient base to hold up well if it is simply “milled and filled”
As indicated, there is a portion of curbing on the north side of the westbound lane that needs to be replaced before or at the same time of the paving, as it is deteriorated. We don’t want to replace curb down the line after we paved, tearing up new pavement.
There are two (2) streets on the paving list that are going to need curb (or curb and gutter) replaced:
  • Tuscarawas between Chestnut and Harmon. We discovered that there is not enough base to restore curb reveal. In fact, the street itself needs to be rebuilt, by grinding out 12 inches, and replacing it with two (2) 3-inch lifts of base asphalt with a final 2-inch lift of finish asphalt.
  • Main Street between Wabash and McKinley. The curbing on the north side of the westbound lane from the first church drive to the west is deteriorated, and should be replaced before paving.
  • Street Department. The Street Department would like to replace the 2001 International model 4700 single axle. We have solicited prices based on the ODOT Cooperative Purchasing contract 023-18. The lowest price is a 2019 International model 7400 SFA 4X2 at $74,893. That price is good until June 30, 2018.
In addition, we would need to have hydraulics added, as well as a snow plow hitch and pintle for towing. We received two (2) prices, one from the manufacturer of the dump bed (Concord) for $27,136.56 (which would include the actual mounting of the bed as well. The second is from ARM for $26,500, where we would have to have the bed mounted. Based on the ease of mounting the dump bed, and the distance to Concord (they are in Painesville, Ohio), the quote from ARM is lowest and best.
While the Street Department would pay the majority of the cost (70%), percentages of the cost would also be paid by other departments based on their use of the truck – Electric 5%; Wastewater 5%; Water 20%.
I am requesting that legislation be prepared to authorize entering into contract for the purchase of a 2019 International model 7400 SFA 4X2 at $74,893 from Rush Truck Centers pursuant to ODOT Cooperative Purchasing contract 023-18, as well as authorizing entering into contract with ARM for central Hydraulics, snow plow hitch, and pintle towing package in the amount of $26,500.
  • Street Department. We are advertising for a Village Technician for the Street Department. The Village Technician – Street resigned to take a position with a company he formally worked for.  Advertisements will be put in the local papers with a May 25th deadline.
  • Water – Line Extension. Recently a property immediately outside the Village corporate limits was sold at Sheriff sale. In all likelihood, the primary reason is that it has a failing/failed septic system and a “suspect” water well. It has been discussed before that the best approach to sanitary sewer outside the Village corporate limits is a contract with the Stark County Metropolitan Sewer District.
However, extension of water lines outside the Village corporate limits can make sense for the Village. In this case (11784 Navarre Road) extending water would be a logical step towards looping our water line.
Clerk King asked if this extension was restricted to this side of the tracks.  VA Miller stated it just included that small area on this side of the tracks.  Councilman Hilliard would like to see figures before making any decisions.
VA Miller has compiled and distributed to council in both hard copy and email comparable lists for council, clerk, and mayor salaries.
VA Miller would like permission to accept the bid of $452 on the old water truck.  Council had no objections.
Councilman Fox asked how long it would take Jim Spivey to get his Water II License.  VA Miller explained that you have to hold a Water I License for two years before you are eligible to apply for the Class II.  So it will be another year and a half.
Councilman Fox stated there is a manhole near the intersection of Barber and Mohican that appears to be collapsing.
Councilman Hess asked if there was some type of signed commitment from the Brewster Cheese Co. before the village starts the South Substation Expansion Project.  VA Miller is looking for the form the dairy signed when the substation was originally built.
VA Miller discussed buying time in the health insurance program in order to utilize their “holiday program”.
AMP – New Council Member Orientation Kit has been emailed to all Council Members; I would
recommend that all Council members review this information.
I urge all Village officials to take the Ohio Ethics Law E-Course Accessible online at and the Sunshine Law Course available online at
Mayor’s handout:
1.            Station Restaurant - REHASH
  • The new owner of the Station Restaurant, Loran Soliman, has made application for a C-1 (Beer for Carry Out Only) at the Station Restaurant location; Per Council’s direction Ohio Liquor Control has been advised that Council objects to the permit & requests a hearing in Canton
  • Mr. Soliman visited Council on April 2nd and Councilman Hilliard asked him to provide a letter from Station Restaurant landlord stating that the landlord has no issue with the C-1 license
  • Village has not heard from Liquor Control or Mr. Soliman to date
  1.            Proposed Water and Sewer Utility Rate Studies Update:
  • Contract for Water Rate Study submitted to RCAP
  • VA and Mayor are to review a recently submitted RCAP spreadsheet and then set a meeting with RCAP representative to review the provided data & information
  1.             2018 Program Start Up Grant Approved by Stark-Tusc.-Wayne Joint Solid Waste Management District:
  • As in 2017, we have made application for a Grant to make improvements to the Village Yard Waste Site
  • Will increase size of concrete base from 32’ X 28’ to 48’ X 48’ with concrete bunker blocks forming a partial surround on three sides with two 20’ wide side walls and a 48’ wide back wall
  • Grant request of $ 8600 for cost of concrete pad & concrete bunker blocks; Village in-kind = $ 4032 in Village personnel labor costs for oversight of concrete installation and Village personnel’s installation of bunker blocks
  • Work will most likely be performed in off season to minimize disruption to Yard Waste program
(Whenever off season and concrete pouring season may mesh)
  1.             Legislation Review
  • Reviewing Village’s Door to Door Solicitation Regulations with Police Chief, Village Clerk and VA; after Solicitor’s review we will provide Council with a proposed update
  • Would Council desire that the Solicitor review Chapter 110 – Amusement Devices of the Village Code with an eye toward updates and so forth, to keep current?  (Current regulations approved in 2006)
  • Resident requested modifying E. Seventh Speed Limit to 25 MPH. 
(1) Handout taken from Village Codified Ordinances Chapter 77: Schedule 1 – Speed Limits
(2) Mayor suggests that Council reduce both East & West Seventh Street to 25 MPH; a portion of the westbound lane of E. Seventh is outside Village corporation limits
(3) VA advises that the ORC and ODOT stipulate specific steps that are required for
 modification of municipal speed limits
(4) Repeal Chapter 77(A)(2) which was passed in 1929 and directs that two vehicles cannot travel in opposite directions through the Underpass
5.            Smoking/Vaping in Outdoor Recreational Facilities
  • Council Handout: two measures from other municipals
  • There are many examples on the internet for review
  1.            Trash Hauling/Recycling: Council interest
  • If Council has an interest, I would suggest a Committee Meeting for a VA review and Council review and discussion
  1. Fire Department Asset Management list:
  • Discussed the capital projects priority list and where the Lucas machine falls on the list and the funds available for the year.
  • Councilman Hilliard suggested the village pay for the service agreement and the fire association purchase the machine.
April 17, 2018 – May 7, 2018
We received $5,208.50 for first half of the 2018 Yard Waste Host Site Block Grant Payment om 04/19/2018.
We received a $15,000 refund from Ohio Public Employers Consortium for the money we had deposited for our funded claims.  This is 100% of the amount deposited.
We received a payment of $27,360 from Sugarcreek Township and $23,963 from Tuscarawas Township for the first half of 2018 Fire and Ambulance contracts payments.
We received a payment of $1,959.60 from the state for the reimbursement of fire training in 2017.
April Fire pay = $ 6,891.99.
We received notice that the Ohio Bureau of Workers Compensation will be giving 1.5 “Billion Back” in premiums this year.  We will get a percentage of our premiums back.
Councilman Hilliard thanked the Clerk for taking care of the Fire Department’s pay stub issue.  He also brought up hard billing for the Fire Department.  VA Miller suggested meeting with the billing company to see what that would generate before pursuing it any further.
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
Finance Committee Meeting minutes from April 16, 2018.
REMINDER:       Spring Clean Up: Saturday, May 19th – North BX, Monday May 21st – South BX
                                Firemen’s Festival: May 30th – June 2nd
                                OML: Summer Regional Conference, Pro Football Hall of Fame, Friday, June 29th
EXPEDITURE REQUESTS from past meetings:
From the last meeting: Purchase of a Lucas 3 Chest Compression System for EMS at a cost of $15,451 plus a five-year service plan at a cost of $5,834 paid over five years.
Ohio Ethics Commission: Suggests that Village Officials take their Ohio Ethics Law E-Course Accessible online at
Sunshine Law Course is available online at
This allows each government Official to be familiar with these regulations
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to pay the April fire pay of $ $6,891.99 from the Fire Equipment Fund.  The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to agree to pay the 4-year service agreement for the Lucas machine from the Fire Equipment Fund.  The vote: All yes.  The cost is $5,824.40 which would be divided annually over a 4-year period beginning in year two.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to sell the old water truck to the highest bidder at $452.  The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to schedule a Utility Committee meeting on June 18th at 6:00pm to discuss water issues and trash collection.  The vote: all yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to draw up legislation to authorize entering into contract for the purchase of a 2019 International model 7400 SFA 4X2 at $74,893 from Rush Truck Centers pursuant to ODOT Cooperative Purchasing contract 023-18, as well as authorizing entering into contract with ARM for central hydraulics, snow plow hitch, and pintle towing package in the amount of $26,500.
The vote: All yes.
VILLAGE SPEAKS: Communications Received by Council members from Village residents
Councilman Godwin received communication from Mr. and Mrs. Greg Majors requesting something in writing for the Brewster Cheese’s plans for the planting of trees as a buffer for their property off West Seventh Street.  VA Miller stated that trees cannot be planted under the power lines and that there is no legislation in existence that requires any buffering from businesses.  Councilman Godwin asked if the power lines could be moved to the other side of the street and VA Miller explained why this wasn’t possible.  Mayor Schwab stated that he has looked into other communities that have set up such legislation and have incorporated these rules in their Zoning Ordinance after Councilman Godwin spoke to him earlier in the day.  He suggested that council get online and review some of these ordinances to see if this is something our village may want to consider.
Councilman Hilliard spoke with the owner of Elliott’s Auto on South Wabash.  The owner has recently purchased the property on which his business is located.  He would invite the village to bring their vehicles to him for quotes.
Steve Tharp thanked Chief Creter for agreeing to place the electronic speed signs on West First and Second Streets to help with the speeding on these streets that residents have discussed on Facebook.  He also suggested that council change the routine of sending the clerk to classes for the Sunshine Law and Ethics as their designee and require each councilperson to attend these classes.  He feels these classes are very worthwhile and that every councilperson should attend them. 
Chief Colucy asked Council if they wanted to keep the old CPR machine of sell it for $2,000.  It was discussed that it would be kept in the opposite squad as the one the Lucas machine would be in.  Council would like to keep it.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to adjourn the meeting at 8:23 PM. The vote: All yes.
Respectfully submitted,
Kris King, Clerk-Treasurer
Mike Schwab, Mayor