September 4, 2018 - Meeting Minutes

7:00 P.M.
Brewster Village Council met in regular session with Mayor Mike Schwab presiding.
COUNCILMAN HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to excuse Councilman Fox from this evening’s meeting.  The vote: All yes.
Council Members bowed their heads for the invocation provided by Clerk-Treasurer
Kris King followed by the Pledge of Allegiance.
Mike Schwab, Mayor
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 20, 2018 Council meeting minutes. 
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to accept the minutes as presented.  The vote: All yes
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to accept the bills in the amount of $ 97,282.05.  The vote: All yes.
Police Chief Keith Creter, Fire Chief Chris Colucy and Brianna Tichenor from the Massillon Independent were in attendance.
CONSIDERATION OF ORDINANCES:  Titles of each read by Solicitor John Anthony
RESOLUTION 40-2018: A Resolution to 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) was given third reading.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to pass the legislation as presented.  The vote: All yes. 
Second Reading: Authorize the Repeal & Replacement of Section 113 – Door to Door Solicitation of the Village Codified Ordinances.  Councilman Hilliard asked if the forms are ready.  VA Miller stated they will be ready when the ordinance goes into effect.  Councilman Hawk asked if it will be available online.  Mayor Schwab stated it will be available at the PD, Village Hall, and online.  It would be a much more involved process compared to what we have now as it is processed and approved by the Police Department including a background check.
Second Reading: Authorize Amending Village Zoning Code Chapter 153.439 Fee Schedule (per Village Planning Commission recommendation; Public Hearing scheduled on September 17th). 
ORDINANCE 41-2018: From Mayor: Second Reading: An Ordinance to Authorize an Easement to Massillon Cable TV on Village Parcel #7080030 for a fiber optics telecommunications unit.  (VA asks that Council consider under Emergency to allow MCTV to begin fiber optics project).  VA Miller stated there will be a fiber optics cabinet in front of the north side fire station.  Councilman Hilliard asked about the security of the equipment.  VA Miller stated there will be a light and camera on the equipment
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER RADICH 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 RADICH and motion carried to pass the legislation as presented.  The vote: All yes.
From Mayor: First Reading: Authorize the Sale of OMEGA JV5 Renewable Energy Credits in 2018,
2019, and 2020 (Council may be asked to consider under Emergency on 09/17).
Fire Department: Chief Chris Colucy
1. Recent Tanker repair cost = $3,236.00, but glitch in programming the ECM does not allow it to pump water, only dump it; 1993 (#151) & 2007 (#158) Pumpers had maintenance, testing & repairs performed at a cost of $6,422.00.
  1. Training: Jim Mills will be attending Rope Rescue I Class at Stark State Fire Academy, 09/24-09/27.  The Fire School approved for Trevor Heaton and Logan Gainey has been canceled.  Jon Huff is #10 on the waiting list for Fire Inspector school, a new class may open in May.
  2. The Assistance to Firefighters Grant (AFG) for MARCS Radio Grant via Perry Twp. was approved.  The Village will be responsible for 8% or $3,000 whichever is lower to Gatchell Grant Writers.
  3. The Department is eligible to apply for an air packs grant.  The Chief estimates it will cost approximately $120,000 but the Village will only have to pay 5% plus the lesser amount of 8% or $3,000 to Gatchell Grant Writers.
  4. There were 63 calls in July, down from 70 calls in July 2017.
Police Department: Chief Keith Creter
  1. August Activity Report was emailed to Council.  909 calls in July.
  2. Chief was asked to inquire about a quote for a third Speed sign.   One similar to the last sign        purchased that was directly wired by Village Electric is $ 2,819.00.  This would allow the Village to monitor the three main entrances to Village.  Not requested as an Emergency purchase.  Councilman Hilliard is not in favor of this purchase but feels if more citations were given, people would slow down.
  1. Solicitor Anthony reported on a lawsuit against AMP for $3.7 million.  He is sending AMP an email to see how this is going to affect the Village.
  2. The Village of Bolivar is involved in a lawsuit concerning open meetings and an executive session.  It has gone to the 5th District Court of Appeals.  It was ruled that although the Village didn’t conduct itself properly, they were not in violation of Public Meeting Law.
1.        SCOG Notice: Presentation concerning New Stark MARCs Radios on Thursday, September 13th at 4:30 pm in Silk Auditorium in Mitchell Hall at Malone University on Yale Avenue off 25th St. in Canton.
  1. Ohio Liquor Control email: Council requested a hearing to object to the proposed carryout liquor/beer permit by Philopateer LLC/Station Restaurant; does Council still desire that the Hearing be scheduled?  Councilman Hilliard feels we should have a representative.  He stated the Historical Society doesn’t want it.  The Mayor had Council clarify that they wished it objected both as the Park and as the Council.
  2. OML Conference – 10/31-11/02 at Columbus Renaissance Hotel – Cost is $ 220 + Hotel & Meals (Council has a copy).
Administrator’s report for period 8/21/2018 thru 9/4/2018:
  • Water Department - Asset Management Plan. A draft of the Village’s Asset Management Plan for the Water Department has been submitted to the Village for review by our consultant W.E. Quicksall. We are required to have a final plan completed by October 1st, 2018.
  • OPWC - North Water Tower Safety Improvements and Rehabilitation Project.
OPWC has approved our Vendor Approval Form for L.C. United Painting and Dixon Engineering, so we have authority to proceed from OPWC.  Our pre-construction meeting has been set for Wednesday September 5th at 1:00 pm here at Village Hall.  The amounts expended on the project will be allocated by the percentage in our application: 49% OPWC funds and 51% Village funds.
  • 2019 OPWC Grant Application – East Main. At the last Council meeting, Council approved submitting an application forMain East between Cleveland and Jackson. The application is being finalized, and I am making Council aware that the estimate/request for funding has been revised and increased, based on:
  • Addition of handicapped ramps at the SE corner of Cleveland and Main
  • Revision of unit costs in accordance with the bids we received for this year’s paving projects
  • Inclusion of a contingency amount of $9,300
  • inclusion of advertising and purchase of project signs costs
The estimate listed at the last meeting was $72,244 total, with the Village share $36,844 and OPWC’s share $35,400. The revised construction estimate is $103,800, plus $2,250 already committed for EA completing plans and bid specifications, for a grand total of $106,050. The Village share will be $54,086 and OPWC’s share will be $51,964.  The deadline for applications is Friday September 14th.
  • 2019 OPWC Grant Application – Water Filter Media Replacement. After considerable discussion, it is my recommendation that the Village does NOT submit an OPWC application for a Filter Media Replacement Project at the Water Facility. My recommendation is based on a number of factors, including:
  • The Village’s match (estimated $150,450) is beyond what the Water Fund can/should sustain
  • Our preferred method of proceeding with replacement, doing it with Village personnel, creates some potential issues with an OPWC grant
  • Our preferred method of replacing filter media in each of the four (4) vessels gradually one at a time over a period of years will not fit in the requirements of an OPWC grant.
The plan going forward will be to schedule replacing filter media in one of the vessels to determine the difficulties if any in doing so and to gauge the cost per unit to do so going forward, and then budgeting for continued replacement over a period of time.
  • Solar Project – Tree Trimming and Removal. Last year the Village spent $2,500 to trim some trees and remove other trees adjacent to the lane up to the solar field/water tower. That work was limited and preliminary, as we needed clearance to get water and electric vehicles up the lane but had not yet finalized the agreement with Fairless Schools to acquire the lane or with AMP/NextEra for the solar field.
Now that the lane and solar field property has been acquired, and the agreement with AMP/NextEra has been finalized, we have set the power poles required to bring power out to our system along the lane. Once these poles were set, we were able to determine what additional tree work was needed. (Removing trees that were leaning and could potentially take down the electric lines, additional trimming, and extensive clearing/removal on the east side of the lane.) The cost for this most recent work was $2,400.
We did have to go back and do some additional trimming of the four (4) oaks near 7th Street. That is due to the fact that last year we were trying to trim as little as possible from those trees, as they are large, old, and majestic. However, once our poles were installed, it became apparent some additional trimming needed to be done. In both instances (last year and this year) we were trying to trim as little as possible from those trees, rather than be overly aggressive and essentially “flag” them.
We now have adequate clearance from the soon to be installed lines along the lane from the solar facility to 7th Street.
  • Solar Project. The Brewster Solar Project continues to move forward.
  • A few poles are still to 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 isstill to put street lights on the poles up to the solar field for added security for the water tower, solar facility, and the lane/school grounds.
  • Equipment and materials have been and still is being delivered. Conduit is beginning to be laid out for installation.
I will keep Council informed as we move forward.
  • 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?
  • 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.
  • Stark County Council of Government Meeting – MARCS Radios. There will be a meeting held onThursday, September the 13th at 4:30PM in the Silk Auditorium-Mitchell Hall on the Malone University Campus of the SCCOG to discuss MARCS radios. There will be a formal presentation regarding the upcoming conversion to the new Stark/MARCS Radio System, which will include the financial impact/costs for all entities who will be utilizing the system.  
  • 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.
  • JV5 REC Sale. Previously I forwarded a memo from AMP regarding sale of Brewster’s Renewable Energy Credits (RECs) from AMP for JV5. A Renewable Energy Certificate (REC) is a market-based instrument or a tradable, non-tangible energy commodity that certifies that 1 megawatt-hour (MWh) of electricity was generated from an eligible renewable energy resource. JV5 is 42-megawatt of hydroelectric plants on the Ohio River, with back-up generation sources located throughout Ohio. The plant has two generating units with a FERC rated capacity of 21 MW per unit. Brewster owns 0.79 % of JV5.  AMP is seeking authorization to sell JV5 RECs, and needs authorization no later than September 28th, 2018. Therefore, Council will need to pass legislation to authorize said sale at either its September 4th or September 17th Council Meeting.
  • Credit Card Policy. Recently passed HB 312 has a new requirement that each legislature of any political subdivision that has credit cards adopt a policy.  Currently, the Clerk-Treasurer has a policy in place (see attached), but this policy will need to be updated and formally adopted by Council before January 31, 2019.  I have forwarded to Council an Auditor of State’s outline that was presented at the Local Government Officials Conference that the Clerk-Treasurer and I attended for background. The legislation and its requirements haven’t changed too much since then. I have also forwarded the Auditor of State’s summary of best practices for use of credit cards.  Virtually all the “credit cards” that the Village uses are what is referred to in the policy “vendor ID cards”. Vendor ID cards are business specific “credit cards”, like Lowes, Menards, etc. We use “vendor ID cards” because how the world now does business, versus opening a “blanket purchase order” and taking it with a tax-exempt certificate into a business to make a purchase.  “Blanket purchase orders” are no longer accepted at a number of businesses. Many larger businesses would not (are not able) to keep a “blanket purchase order” “on file” with a copy of the tax-exempt form and track multiple transactions. Try going into Lowes or Menards with a Purchase Order and a tax-exempt Certificate and going through the check-out line. They are referred to in the new legislation as “store credit cards”.  The Clerk-Treasurer and I will keep Council informed as the rewrite progresses.
  • Electric – AMP. On August 6th, in my VA Report, I updated Council on a meeting that the Mayor and I met with Mike Migliore, Vice President of Power Supply Planning and Marketing with AMP, as well as another representative of AMP, on Friday July 20th to review our annual Power Supply Update.
In has been brought to my attention that one of the bullet points in my summary could be confusing, so I would like to “correct” or “clarify” the record. What I said was:
  • Peak shaving – How much does peak shaving save the Village and its customers. A 1 MW reduction saves about $5 per KWh per month, or approximately $60,000.
Note: Brewster’s electric bill is affected in a large part by our peak usage. There is 1 CP (the highest amount used during the year) and 5CP (the average of the 5 highest usage days). Those two numbers then set the amount of generation that has to be set aside for the Village, plus a 15% reserve. Those two numbers also affect what Brewster is charged for transmission costs.
To clarify, the answer I have in writing from AMP addresses savings on transmission costs AND capacity costs, and is:
… the savings from transmission is around $5 / kW reduced per month.  The savings from capacity is similar at $5 / kW per month.  TOTAL of $10 / kW-month savings meaning the amount of load that Brewster is consuming at the FirstEnergy (1CP) and PJM (5CPs) peak hours.  So for each 1 kW of savings, it would lower the Brewster power bill by 1 kW x $10 / kW per month = $10 / month savings.  Or times 2 months = $120 per year.  A larger reduction of 1 MW or 1,000 kW in load at the peak, would save 1,000 kW x $10 / kW- month = $10,000 per month or $120,000 per year.  Transmission charge is based on load at 1CP, Capacity charge is based on load at 5CPs (5 highest peaks).
Councilman Hilliard asked the VA if any of the trucks hauling up the hill to the solar field have had any trouble.  The VA stated that so far they have been using the smaller trucks hauling small loads and haven’t had any trouble.  There is talk of improving the lane for the bigger trucks.
Councilman Hilliard asked if the land that could be purchased through the Natural Resource Assistance Council is worth pursuing.  Even if it is used for a dog park, no fences could be put up.  Why don’t they sell it to the Wilderness Center?  He suggested a Parks, Grounds, and Buildings Committee meeting to discuss further.  Mayor Schwab stated he is not in favor of purchasing the property.
Councilman Hilliard would like to hold a meeting at the Water Plant to discuss the water filtration.  He is okay with putting off the project as long as it is on some type of timetable to ensure it gets completed.  He would rather just go get a loan and get it done.
  1. Village Gas Aggregation Program
  • Working with Independent Energy Consultants a price was struck on August 23rd
  • Natural Gas Rate of $ 4.053/Mcf for October 2018 – September 2020 – a two-year term
  • For Comparison PUCO Apples to Apples on 23rd - lowest 12-month = $ 4.350/Mcf
  • For Comparison PUCO Apples to Apples on 23rd - lowest 24-month = $ 4.450/Mcf
  • On August 23rd rates began to rise & hurricane season has historically caused an increase
  • Mcf is an abbreviation denoting a thousand cubic feet of natural gas
  • This week Residents should be receiving a letter with an attached Opt-Out form from the successful Bidder, Volunteer Energy.  The letter outlines the Village’s natural gas aggregation program, states the two-year Rate, and the form provides the resident an opportunity to Opt-Out, if they so desire.  (Council has a copy)
2.            Request a Tree Board Meeting
  • Current members: Councilmembers Radich & Hilliard and VA Miller and Mayor Schwab
  • Review 2018 Work
  • Review and set a tentative Work Plan for 2019
  1. Fairless Schools
  • Fairless Supt. Bidlack has requested a meeting to discuss an additional SRO in Fairless Schools
  • Chief, VA, and Mayor will meet with Supt. Bidlack on Friday morning
  • A Draft of a Memorandum of Understanding (MOU) for submittal the Fairless BOE is being reviewed by PD Chief, Solicitor, and VA for possible future use
  • The draft MOU provides guidelines, policies, and the cost sharing provisions involved and would require approval by both the Fairless BOE and Brewster Council
  • The draft MOU is a starting point for discussion and is a Draft subject to modification
  • Council copy of the MOU’s proposed Funding of two SROs – the current SRO funded by the Village for the life of the 0.2% Village Income Tax and a second SRO funded by Fairless
4.            Mayor’s Memo – After Hours Use of Council Chambers (Council has a copy)
  • The intent of this Memo is to advise that due to the unique configuration of the ADA compliant Village Hall entrance the use of Brewster Council Chambers outside of the hours of 7 am to 3:30 pm will be restricted to the use of Brewster Village Council, the Brewster Planning Commission, the Brewster Zoning Board of Appeals, or other government body when a member of the Brewster administration that is bonded and insured is present to open and close the Utility Office.  Public bodies or groups may no longer use Brewster Council Chambers for meetings, promotions, or other get togethers.”
  1. In connection with the USDA Loan: We are still waiting for our SAM number in order to complete the application.
  2. Does Council wish to hold Trick-or-Treat on Sunday, October 28th from 2-4 or Wednesday, October 31st from 6-7:30?  It was decided by Council that Sunday afternoon would be best and the time would be determined by the Council after the Clerk checks to see what time the surrounding communities would be holding their events.
  3. Anyone wishing to attend the OML Annual Conference in Columbus please let me know and I will get you registered and a room.  Councilman Godwin turned in a registration form.
  4. August and Year-to-date reports will be placed in Council’s mailbox as soon as the reconciliation is complete. 
  5. Working on the Arts on the Boulevard.  This year we have a different performer, his name is Jon King and he will be performing from noon to 4.  I encourage residents to bring a lawn chair and enjoy the music along with visiting the vendors along the boulevard.  Friends Church will be providing a lunch for donations.
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
Minutes from the August 20th Utility Committee Meeting
Updated Contact List from Asst. Clerk Cunningham
REMINDER:        Fire Planning Committee Meeting – September 17th at 6 pm
                                Council Zoning Amendment Hearing – September 17th at 6:45 pm
                                Planning Commission - Thursday, September 20th at 7 pm
                                Arts in the Boulevard – Saturday, September 22nd from 11 am to 5 pm                     
EXPEDITURE REQUESTS from past meetings:
  1. From Councilman Godwin: Restrict use of tobacco and vaping on village grounds and parks (04/16/18).
  2. 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).
  3. 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).
  4. From VA/Mayor: Advertise for Proposals for a Village Solid Waste Opt-Out Program (06/18/18).
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HAWK and motion carried to hold a Council of the Whole meeting on October 15th at 6:00pm to discuss future elected officials’ salaries.  The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER RADICH ad motion carried to schedule a Tree Board meeting on October 1st at 6:00pm.  The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to schedule a hearing with Liquor Control and voice the Village’s two objections.  The vote: Hilliard, yes; Radich, yes; Godwin, yes; Hawk, yes; Hess, abstain.
VILLAGE SPEAKS: Communications Received by Council members from Village residents
Councilman Hilliard stated the resident that received the letter to trim her lilac bush said she would trim it further if the Village would put up a stop sign at the intersection of the alley and Mohican.  VA has to speak to the Solicitor about setting a precedent on alley stop signs.
Councilman Hilliard stated the bushes in the alley between 4th and 5th were trimmed but not to the neighbor’s satisfaction.
Councilman Hawk asked it the Village would allow the Station to get the liquor license, could we force his hand to move it to Navarre.  Once he has the permit, we have no control for a year until the license it up for renewal and then could only object to a renewal. 
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to adjourn the meeting at 8:19 PM. The vote: All yes.
Respectfully submitted,
Kris King, Clerk-Treasurer
Mike Schwab, Mayor