August 20, 0218 - Meeting Minutes

AUGUST 20, 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                 
Thomas 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 August 6, 2018 Council meeting minutes. 
COUNCIL MEMBER GODWIN 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 $ 421,537.34.  The vote: All yes.
Ray Heitger, Chris Colucy, and Brianna Tichenor from the Massillon Independent were in attendance.
CONSIDERATION OF ORDINANCES:  Titles of each read by Solicitor John Anthony
Third Reading: A Resolution to Authorize an Application for a 2019 OPWC Application for a Water Treatment Plant Filter Improvement Project (September 14th application deadline).  The estimated cost is $295,000 with Village paying $150,450 and OPWC paying $144,550.
COUNCIL MEMBER HLLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to table the resolution until the September 4, 2018 meeting to allow the VA to firm up some of the figures.  The vote: All yes.
RESOLUTION 37-2018: A Resolution to Authorize an Application for a 2019 OPWC Program and/or LTIP Application for a Main Street E. Improvement Project (September 14th application deadline).  The estimated cost is $72,244 with Village paying $36,844 and OPWC paying $35,400.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD to pass the legislation as read.  The vote: All yes.
Second Reading: Authorize the Approval of the STW Joint Waste Management District’s Solid Waste Management District Plan Draft for 2019-2028 (September 14th Yes or No Deadline). 
First Reading: Authorize the Repeal & Replacement of Section 113 – Door to Door Solicitation of the Village Codified Ordinances.
First Reading: Authorize Amending Village Zoning Code Chapter 153.439 Fee Schedule (per Village Planning Commission recommendation; Public Hearing scheduled on September 17th).
From Mayor: First Reading: An Ordinance to Authorize an Easement to Massillon Cable TV on Village Parcel #7080030 for a fiber optics telecommunications unit.
ORDINANCE 38-2018: From Mayor: First Reading/Emergency: Award a Contract for a North Water Tower Safety Improvement and Rehabilitation Project (Cost = $130,000; OPWC = $ 63,700 & Village = $ 66,700).
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 GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to pass the legislation as presented.  The vote: All yes.
RESOLUTION 39-2018: From Mayor: First Reading/Informal Resolution: Urging the Ohio Governor & Ohio General Assembly to Invest State Budget Surplus in Ohio Municipalities.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to pass the legislation as presented.  The vote: All yes.
Fire Department: Chief Chris Colucy
Mini-Fridge for drug storage in each ambulance (2) Cost Update = $ 895 each. 
 Tanker is out for replacement of ECM (Engine Control Module): Part = $2400; Labor estimate = $450.
There have been 507 calls in 2018.
Roger Carpenter is taking free training for CarFit; he will be instructing the elderly on how to be secured safely in their cars.
Police Department: Chief Keith Creter (Excused)
Monthly Activity Report was emailed to Council.  Mayor Schwab reported on the new format.
Solicitor Anthony reported on EMS collections.  Asst. Chief Mohler has sent out 14 letters and is waiting for responses.  Solicitor Anthony sent out 2 letters for signatures and 1 non-resident letter.
Solicitor Anthony replied to some questions posed by the Planning Commission related to manufactured homes and zoning.
Fairless Youth Football Foundation: Donation request for Fairless Youth Football & Cheerleading.
OML Bulletin: Asking Municipalities to urge Ohio Governor & Legislators to Invest $ 147 million Ohio Budget surplus dollars in local infrastructure and safety services; OML provided sample legislation.
Administrator’s report for period 8/4/2018 thru 8/20/2018:
  • OPWC - North Water Tower Safety Improvements and Rehabilitation Project.
Bids were opened at 2:00 pm on August 9th, 2018. There were eight (8) bidders who responded, and fourteen (14) bids submitted (eight (8) primary/base Fall start bids and six (6) alternate Spring start bids).
The apparent low bidder was LC United at $130,000 for a Fall start. The engineer’s estimate from Dixon Engineering was $175,000. As stated previously, the primary bid is to have the North Water Tower Safety Improvements and Rehabilitation Project completed by November 16th this year.
The three (3) apparent low bids were scanned in and sent to Dixon Engineering, who has been coordinating the bidding process. They reviewed those and made a recommendation to enter into a contract with LC United in an amount of $130,000.
OPWC will also have to give a notice to proceed before construction can begin.
I am therefore requesting that Council authorize entering into a contract for the North Water Tower Safety Improvements and Rehabilitation Project at the August 20th Council meeting on an emergency basis CONTINGENT upon OPWC authorizing a notice to proceed.
Dixon Engineering has been contracted to conduct construction oversight in the amount of $16,142.50, which was included in our budget for the OPWC grant.
The amounts expended on the project will be allocated by the percentage in our application: 49% OPWC funds and 51% Village funds.
  • Paving. Central Allied Enterprises, Inc. completed paving on Tuesday August 7th.
  • MCTV & Fiber Optics. Earlier this year the Village was approached by MCTV about obtaining an easement to locate fiber optics telecommunications unit on Village property. The purpose is to allow MCTV to begin the process to run fiber optics throughout the Village. Village residents and businesses would both benefit from the increased speed and “bandwidth” that fiber optic system would bring. The location identified was/is at the “North Fire Station”, to the west of the existing drive. The easement would be 31 feet by 25 feet. The Village of Navarre recently entered into a similar arrangement.
A formal Grant of Easement has been prepared and reviewed and approved as to form by Law Director John Anthony. I have provided a copy of the proposed easement to Council. The amount MCTV has indicated that Brewster will receive is $2500.
I am requesting Council to authorize the Village Administrator to enter into an easement with MCTV to locate a fiber optics telecommunications unit on Village property for the Monday August 20th Council meeting.
I am also asking for legislation to be formally approved at the September 4th Council meeting.
  • Solar Project. The Brewster Solar Project continues to move forward.
  • On August 14th our Electric Department set six (6) poles to get up to the solar site from 7th Street.
  • A few additional poles will be set to get up to the water tower, which will allow us to abandon the current direct bury line that runs to the tower.
  • The plan still is to put street lights on these poles for added security for the water tower, solar facility, and the lane/school grounds.
  • The contractor has begun site mobilization. Equipment has been and still is being delivered. The solar field has been surveyed and staked and work has begun, including on the laydown area (parking lot for baseball and softball fields).
  • The laydown area lease between NextEra and Fairless Schools is scheduled to go before the Board for approval Tuesday August 21st.
  • A “Kick-Off” meeting was held August 15th at the Hampton Inn in Massillon. The Mayor, Electric Department, and I attended.
  • Tax exemption forms for the lane and solar field parcels were delivered to the Stark County Auditor’s Office.
  • Levy Gate. The US Army Corps of Engineers was in the Village the week of August 6th to inspect its installations. On Wednesday August 8th, they erected (and then took down) the levy gate, which required closing a portion of 7th Street that day. We discussed making repairs to the levy gate that will allow a smooth transition for our paving project next Spring, and they indicated they would attempt to have those repairs completed.
  • Change Orders. The issue of change orders has been discussed recently, and I would like for Council to weigh in on the subject. Change orders on projects approved by Council are a regular occurrence.
Changes in Quantity. A good example of changes in quantity was the recent Curb & Gutter Contract. It was authorized by Council. The amount was specified, but at the same time the amount was based on prices times estimated quantities (lineal feet) contained in the contract.The final amount of curb and gutter that was installed was 1136 lineal feet, which was a slight increase over the initial estimated amount/quantity. We solicited bids and awarded the contract based on unit prices, so the increased lineal feet would be a covered contingency. The estimates versus actual quantities varied as follows:


Unit Cost

Estimated Lineal Feet

Estimated Cost

Actual Lineal Feet

Actual Cost


West Main




























As I reported to Council, the change in lineal feet was attributable to adding 45 feet +/- of curb and gutter across the alley and drive on Tuscarawas to assure proper drainage; adding 25 feet +/- to extend curb and gutter past the 2nd (east) drive of the church on Main; and 30 feet +/- of additional curb and gutter on Chestnut from the end of Spidell’s property across the Village property to our catch basin (billed at the less expensive Tuscarawas rate).
Changes in Scope. Another recent example of change orders are changes in scope based on what is found in the field at the time of construction. With the Curb & Gutter Contract and the Paving Contract, once we were in the field and construction was underway we found it necessary to:
  • Replace the double handicapped ramp at the NW corner of Tuscarawas and Chestnut ($2,200)
  • Replace drive approaches on Tuscarawas at the alley (strength to accommodate garbage trucks), the drive on the west side of Tuscarawas, and the two (2) drives on Main Street West. ($5,160)
  • Add/install two (2) single handicapped ramps on Tuscarawas at the alley ($2,700)
These changes were items that came up during curb & gutter construction that were needed to have the final project be right. Similarly, when we were grinding on Main, we hit dirt, where we had to grind out additional amount and put in base asphalt to keep the surface intact, again to make the project right.
Not all changes in scope add cost, as our original paving specifications we put out to bid had us removing 12 inches of material on Tuscarawas, but after installation of the curb & gutter it was evident that we would only have to remove approximately 8 inches.
Timing and Authority. Timing on both Changes in Quantity and Changes in Scope change orders are such that a decision must be made contemporaneously with the work. It isn’t feasible to shut down a project until the next Council meeting to get Council approval for change orders. In addition, the VA does have statutory authority for expenditures up to $50,000 – well above any change order amount.
In the instances discussed above, the Department Head came to the VA to discuss potential changes, the budgetary impact was discussed with the Clerk-Treasurer, which were in turn discussed with the Mayor. A decision was made so that the project could move forward and be completed in the proper way.

However, with that being said, I believe that Council should be timely informed of all change orders - I have done so and intend to continue to do so.  But, Council may want to establish a policy that requires the VA to timely inform Council of any change orders. Council may want to set an amount where it needs to be informed as well (i.e. $1,000 or more) or percentage of the overall contract as well for it being formally informed.
Again, this doesn’t necessarily need to be passed for me to timely inform Council, because I have and intend to continue to do so, but to establish a standard for future Village Administrators and so that outside entities (i.e. contractors, public, auditors) know the process and what to expect. 
  • NRAC Application. The District 19 (OPWC) Natural Resource Assistance Council is accepting applications for the Clean Conservation Fund. The deadline for applications is October 5, 2018. The program awards funds for the purchase of open spaces and stream corridors in Stark County. Once acquired, virtually no development can occur on the property – active recreation such as ballfields would not be a permitted use.
I have been approached by one of the owners of the property east of the levy from where the old shooting club was located. It is comprised of approximately 28.05 acres, all of which is shown on County maps as in the flood plain. The owner has indicated a desire to include mineral rights. The value has not been established – one of the owners feels it should be “listed” at $12,000 per acre. The Stark County Auditor shows its “appraised value” at $39,500. There is a specific process to follow to establish value under the NRAC process.
Is there any interest by Council to pursue this property (or any other property) with a NRAC Application?  Councilman Hilliard asked if there was any benefit for the Village to purchase the property.  VA Miller stated it could only be used as a passive park.  Councilman Fox asked if it could be used as a dog park.  VA to investigate it.
  • 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 to schedule.
  • Efficiency Smart. 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.
Councilman Fox asked if the 2-way radio was still being used in the Utility Office.  He wanted to know why we are keeping it since the Utility Office now has a cell phone. 

Mike Schwab
  1. Yard Waste Drop Off Expansion Project Complete:
  • The New East 20’ X 32” Concrete Pad and 16” X 48’ Concrete completed by contractor expanding the drop off site from 896 sq. ft. to 2304 sq. foot
  • Supt Patterson has installed Bunker Block surround to better confine the yard waste
  • $ 8600.00 Project financed by grant from Stark-Wayne-Tuscarawas Joint Solid Waste Management District; came in under Budget at $ 7384 in construction and material expenses
  • Village’s share was for laborand oversight with no dollars directly expended
  • Documentation for the $ 7384.00 submitted to District for reimbursement
  • Councilman Godwin asked that the trees behind the yard waste be trimmed and poison ivy be removed.
2.            Ethics Law Presentation at Malone University
  • Attended by VA and Mayor on August 17th
  • Presentation by Susan Willeke of the Ohio Ethics Commission; nicely done
  • Ms. Willeke urges all public officials to visit and to take the Ohio Ethics E-Course available at
  • She also urges public officials to call the Ohio Ethics Commission with questions or to contact their Solicitor or Law Director when unsure of a situation 
  1. FD/EMS Analysis (Council copy)
  • From Mayor’s Office based on numbers from Village Clerk and research
  • Opinions voiced in the analysis are Mayor’s alone
  • Urge Council to review and consider
  • Like all Village departments, the Fire Department and EMS are funded by property taxes and user fees and fund raisers will not solve the long-term issues
  1. August 7th Stark County Schools Ballot Issue Failed:
  • Mayor’s Office will work with PD, Solicitor, and VA to create a Draft of a Memorandum of Understanding (MOU) for submittal the Fairless BOE for review and possible future use
  • This would put on paper a starting point to discuss the specifics of a possible future expanded SRO relationship between Fairless and Brewster
  • This would outline the guidelines, policies, and the cost sharing provisions involved and would require approval by both the Fairless BOE and Brewster Council
  1. Village Planning Commission – August 16th Meeting
  • August 16thth Meeting Minutes (Council copy)
  • The zoning code update review continued
  • No recommendations from PC
6.            Village Income Tax Commissioner:
  • Letters were mailed by Income Tax Commissioner to 26 delinquent Village Income taxpayers
  • One delinquent taxpayer has paid in full
  • Seven delinquent taxpayers have made partial payment and are on a repayment plan
  • Eighteen taxpayers remain delinquent and will receive a letter from the Mayor’s Office advising of possible action by the Village Prosecutor
2019 Tax Budget is available for review.
Continue to work on providing a SAMs number for the proposed USDA Loan/Grant for Jefferson SE Sewer Replacement Project.
Reviewed Fire/EMS, Water, Sewer, and Electric Funds performance through first six months of 2018 with VA and Mayor.
Fire pay for July is $ 6,831.01.
Street Sweeping will be August 28th weather permitting.  Please park off the streets.
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
Councilman Fox reported on the Utility Committee Meeting held on August 20th at 6 pm to review the proposed North Water Tower Safety Improvement and Rehabilitation Project, Electric Substation Upgrade/Expansion Project, Jefferson SE Sanitary Sewer Line Replacement Project, and the Water Plant Filter Rehab Project.
REMINDER:        Arts in the Boulevard – Saturday, September 22nd from 11 am to 5 pm
                               Next Council Meeting will be Tuesday, September 4, 2018
EXPEDITURE REQUESTS from past meetings:
FD Chief: Requests purchase of a mini-fridge for each ambulance for drug storage; cost = $895/each.
From Councilman Godwin: Restrict use of tobacco and vaping on village grounds and parks (04/16/18).
From Mayor: Adjustment of Village Clerk’s salary be considered to begin with 2020-2024 term.    Provided to Council by VA on May 7th - Council, Clerk, & Mayor Salary Comparable Lists (05/07/18).
From Mayor: 2018 Fire & EMS Budgets submitted to Council: suggest that Council meet to discuss future funding of Fire and EMS operations (05/21/18).
From VA/Mayor: Advertise for Proposals for a Village Solid Waste Opt-Out Program (06/18/18).
COUNCIL MEMBER HILLIARD MOVED SECONDED BY COUNCIL MEMBER HESS and motion carried to approve the July fire pay of $6,831.01 from the Fire Equipment Fund.  The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to create a Fire Planning Commission to make recommendations for future plans and financing of the Fire Department with the members being Mayor Schwab, Clerk-Treasurer King, Fire Chief Colucy, Asst. Chief Jen Mohler, Councilwoman Radich, Councilman Hawk, and Councilman Hilliard.  The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to hold the first Fire Planning Commission meeting on September 17th at 6:00pm.  The vote: All yes.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to approve the purchase of two mini refrigerators with locks and seals at a cost of $895 each from the EMS Fund.  The vote: All yes.
Councilman Fox reminded Council that there is a Public Hearing on September 17th at 6:45pm.  It was stated that 45 minutes should be enough for the first Fire Planning Commission meeting.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to donate $500 for the Fairless Youth Football Foundation.  The vote: All yes.
VILLAGE SPEAKS: Communications Received by Council members from Village residents
Councilman Godwin wished to congratulate Caysee Jewell for becoming an Eagle Scout.
Ray Heitger of the Recreation Board reported on the third concert of the Summer Concert Series.  About 70 people attended but Tequila Mary was great.  There was a steak dinner at the Moose prior to the concert that was good.  Mayor Schwab thanked the Recreation Board for all their work.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to adjourn the meeting at 8:08 PM. The vote: All yes.
Respectfully submitted,
Kris King, Clerk-Treasurer
Mike Schwab, Mayor