December 18, 2023 - Meeting Minutes

MINUTES
BREWSTER VILLAGE COUNCIL
DECEMBER 18, 2023
7:00 P.M.
 
Brewster Village Council met in regular session with Mayor Chuck Hawk presiding.
 
Council Members bowed their heads for the invocation provided by Mayor Hawk, followed by the Pledge of Allegiance to the flag.
 
The meeting took place in the Community Room.
 
MEMBERS PRESENT:
Charles Hawk, Mayor                                 
Dale Fox, Council Member                        David Godwin, Council Member
Tom Hilliard, Council Member                    Brett Long, Council Member
Sydney Radich, Council Member               Mike Schwab, Council Member 
 
VILLAGE OFFICIALS:
Michael L Miller, Village Administrator   Kris King, Village Clerk-Treasurer
 
The Mayor excused Solicitor Anthony due to the weather.  His area was hit harder than Brewster.
 
MINUTES FROM THE DECEMBER 4, 2023, REGULAR COUNCIL MEETING:
Mayor Chuck Hawk asked if there were any additions or deletions to the December 4, 2023 Council meeting minutes.
 
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to approve the minutes as presented.  The vote: All yes.
 
PRESENTATION OF BILLS:
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to accept the bills in the amount of $ 943,421.38.  The vote: All yes. 
 
AUDIENCE:
Police Chief Nathan Taylor, Detective Aaron Keener, Officer Jason Mazzaro, Fire Chief Chris Colucy, Erie Valley Fire Chief Rick Annen, Jeremy Henry, Larry Gilkerson, Jared Baer, Matt Bair, Teenie Eick, Dave and Abby Garber, Sarah Garber, Scott and Natalie Gilkerson, Melanie Hunter, Tim Dorkoff, and Fairless Superintendent Mike Hearn were also in attendance.
 
Abby Garber read the following letter into the minutes:
 
Dear Mayor and Council Members,
     Thank you for the opportunity to address you.  My name is Abby Garber, and I am a lifelong resident of Brewster, I have lived on West Main Street for 60 years.  I am here tonight regarding:    The West Main Street Reduction and Rehabilitation Project.  A plan to reduce West Main by 8 ft.
In my opinion the stated purposes for wanting to do this project are not justified and make no sense. 
-          A road improvement plan that restricts the flow of traffic?
-          A five-minute savings eliminating 1 swipe of the snowplow.
-          Extending storm drains, only needed due to the reduction.
     W. Main St. does need repaved, but this grant will not pay 49% for paving, it pays 49% of the total project.  The requirements of this grant are going to more then double the cost of the project.  It would be less expensive if we simply repave the street.
     This project will create a hardship for the W. Main residents and has irreversible consequences, even if they were to pay 100%. 
     I decided to talk to the other residents, so I canvassed my neighborhood and then asked others to petition throughout the Village.  Collectively we talked to 100 residents.  What we discovered was that the residents living on West Main St. and throughout the village are overwhelmingly opposed to this project and were eager to sign our petition.  In fact, we did not speak with one person who thought this was a good idea.
     This project will also create unnecessary safety issues as we have a lot of children on our street and people getting in and out of parked cars.
     It is used daily by our service vehicles traveling to and from the Electric and Water Plant.  Narrowing the street will certainly make it more difficult to maneuver big bucket trucks and constructions vehicles.  No other East/West street can provide this safe and easy passage with vehicles parked on both sides.  This is especially true during special events like the Fireman’s Festival.  If there were to be an electrical or water emergency, at that time, it would be nearly impossible to get our utility trucks out in a timely manner.
     West Main holds a unique character and is rich in historical charm.  People all over Brewster love this street and do not want to see it narrowed.  At present we have the ability to host special events such as car shows and possibly expand Christmas in the Village.  Once we take away all this street potential, we can never go back.
     So, at the end of the day, what is the actual benefit from this grant?  It will inflate the costs, create congestion, unnecessary safety issues, a lopsided looking street, likely lowering the value of our properties, and many unhappy residents throughout our village.
     We count on you, our elected officials, to make necessary improvements that enhance our Village.  West Main is overdue for repaving but not at the cost of narrowing this street.  You are the eyes, and ears, and voice of the people.  We count on you to make sound decisions.  This project as proposed, is not in the best interest of the Village and your people do not want it.  Especially those of us who reside on West Main!
     My father, Jack McCool was the mayor of Brewster in the 1970’s.  One of his proudest accomplishments was his assistance in the development of Brewster Parke, a facility which has served our community and continues to grow.  His legacy is a testament to the lasting impact the council’s decisions can have on a community.  What legacy will THIS project leave to our Village?
     We are here tonight because we are passionate in believing that this drastic change will be a mistake, one that we will be reminded of every time we pull out of our driveways, or travel down our once historically spacious street. 
     In closing, I would like my name, as well as the names of all these concerned citizens, who signed this petition, to be added to the minutes of this meeting as having been opposed to this project. 
     Moreover, it is our prayer that this will be recorded as a time in our history when we were able to come together, as a community, with the help and understanding of our council to do what is best for our village. 
 
Council Member Schwab asked how many people on Main Street signed the petition.  Mrs. Garber stated all but two houses signed the petition.  She tried several times, but no one answered the door.  She is not even sure if anyone lives in these homes.  Outside that, everyone signed the petition.   Council Member Schwab stated Council was under the impression that everyone was in agreement with this project.  He agrees with Mrs. Garber that it would be a detriment to that area.  He likes the width of the street but would like to see some trees planted in the area, take advantage of the wide tree line.
    
Fairless Superintendent Mike Hearn attended to thank Council for two legislative readings for the school. Purchasing road salt and loading their trucks and putting in wooden soldiers to keep vehicles from running off the drives and parking lot.  He stated the VA Miller has been great to work with.
 
PRESENTATION OF GUESTS:  Erie Valley Fire Chief Rick Annen
Mr. Annen first thanked the firemen present for the job they are doing.  He then thanked the Mayor for setting aside time to talk to him.  In 2021, Erie Valley assisted or ran 40 of Brewster’s calls, in 2022, it was 65 calls, and in 2023 there have been 63 calls thus far.  They do not mind helping but the Chief spoke to Chief Colucy and stated that Erie Valley needs the majority of the transport fees of these calls.  They need reimbursement to cover the cost of their expenses for the calls.  Erie Valley has not needed Brewster to cover any of their EMS calls due to lack of staffing in the last three years.  When he read the minutes from Brewster’s last Council meeting saying we would be adding to our current resolution to bill them and had someone state that we need to double check the bills we received from Erie Valley, it was a slap in the face.  Chief Annen stated we need to keep communication open as we did last week with the Mayor, Clerk and Councilman Godwin meeting with him.  He stated that all the departments rely on each other.  Chief Annen stated that the Erie Valley Board of Directors wants treated fairly.
 
Councilman Hilliard thanked Chief Annen for what Erie Valley is doing and the Village is creating an ordinance.  Chief Annen stated it was mannerism rather than words.  Chief Annen talked about a call where there was a missing child and calculated it cost Erie Valley about $1,300 and the only thank you he received was from Police Chief Taylor, and Chief Taylor thanked all his men that assisted.  Councilman Hilliard stated that it wasn’t intended to hurt anyone’s feelings, we thought we were making calls for them.  Chief Annen checked the bills after reading the minutes and discovered three calls that they had actually missed that should have been billed. Councilman Schwab stated he wanted to apologize for offending them and that it was a kneejerk reaction.  He also stated there was no malicious intent.
 
CONSIDERATION OF ORDINANCES:  Titles of each read by Solicitor John Anthony. 
ORDINANCE 64-2023: An Ordinance Approving an Agreement with the City of Massillon Law Department to Provide Prosecution Services in the Massillon Municipal Court and Other Related Services from January 1, 2024 through December 31, 2024 was given third reading. 
 
COUNCIL MEMBER LONG MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to approve the legislation as presented.  The vote: All yes.
 
ORDINANCE 65-2023: An Ordinance of Supplemental Appropriations and Amending Ordinances #23-2023 and Ordinance #53-2023 relating to Appropriations and Providing for the Transfer of Funds within said Funds for the Fiscal Year ending December 31, 2023 and declaring an emergency was given third reading.
 
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to approve the legislation as presented.  The vote: All yes.
 
ORDINANCE 66-2023: An Ordinance Transferring Funds from the General Fund to the Capital Projects Fund for 2023 and declaring an emergency was given third reading.
 
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER SCHWAB and motion carried to approve the legislation as presented.  The vote: All yes.
 
RESOLUTION 67-2023: A Resolution Authorizing the Amendment and Appropriation of Additional Funds for 2023 and declaring an emergency was given third reading.
 
COUNCIL MEMBER LONG MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to approve the legislation as presented.  The vote: All yes.
 
RESOLUTION 68-2023: A Resolution of Temporary Appropriations for 2024 was given third reading.
 
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL GODWIN and motion carried to approve the legislation as presented.  The vote: All yes.
 
RESOLUTION 69-2023: A Resolution Authorizing an Advance for the Police Training Fund from the General Fund and declaring an emergency was given third reading.
 
COUNCIL MEMBER GODWIN, SECONDED BY COUNCIL MEMBER FOX and motion carried to approve the legislation as presented.  The vote: All yes.
 
ORDINANCE 70-2023: An Ordinance Authorizing the Village Administrator to Prepare Specifications and Advertise for Bids for the 2024 Paving Project Program was given third reading.
 
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to approve the legislation as presented.  The vote: All yes.
 
Second Reading: An Ordinance Authorizing the Amendment and Adoption of a Recording Time Worked and Review of Pay Policy and The Addition of The Policy as Defined to The Village Employee Handbook.
 
Second Reading:A Resolution Expressing the Intent of Brewster Village Council to Sell Unneeded, Obsolete, or Unfit Municipal Property on the Internet for 2024.
 
Second Reading: An Ordinance Terminating the Designation of Two Handicap Parking Spaces in front of 184 Fourth Street SW.
 
Second Reading: Consent Legislation for Sign Replacements on SR-93 and US-62 in the Village of Brewster with the Ohio Department of Transportation.
 
ORDINANCE 71-2023: An Ordinance amending Ordinance 67-2022 which authorized the expansion in the paid hours of the Paramedic Program and declaring an emergency was given second reading.
 
COUNCIL MEMBER SCHWAB 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 SCHWAB MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to approve the legislation as presented.  The vote: All yes.
 
ORDINANCE 72-2023: An Ordinance Authorizing the Purchase/Sale of Property deemed unneeded for Municipal Purposes and declaring an emergency was given first reading.
 
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to suspend the rule requiring three separate readings and bring the legislation forward for passage.  The vote: All yes.
 
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to approve the legislation as presented.  The vote: All yes.
 
ORDINANCE 73-2023: An Ordinance Authorizing the Village of Brewster to Enter into a Contract to Supply Road Salt to Fairless Local Schools and declaring an emergency was given first reading.
 
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to suspend the rule requiring three separate readings and bring the legislation forward for passage.  The vote: All yes.
 
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to approve the legislation as presented.  Council Member Godwin asked if we were going to weigh the salt.  VA Miller stated that a scoop is close to a certain weight, and we are billing monthly per scoop.  The vote: All yes.
 
First Reading:  An Ordinance Authorizing the Village of Brewster to enter into a Contract to Supply and Install Reduced Power Poles for Fairless Local Schools.
 
TABLED AT THIRD READING:  An ordinance authorizing the Village Administrator, with the assistance of the Rural Community Assistance Partnership (RCAP), to apply for, accept, and enter into a construction loan agreement for an Ohio EPA Water Pollution Control Loan Fund (WPCLF) loan for the installation of two (2) manholes in the sanitary sewer line that runs between McKinley to the levee and declaring an emergency (at third reading). 
 
TABLED AT THIRD READING:  An ordinance authorizing the Village Administrator, with the assistance of the Rural Community Assistance Partnership (RCAP), to apply for, accept, and enter into a construction loan agreement for an Ohio EPA Water Pollution Control Loan Fund (WPCLF) loan for the Hillview Mobile Home Park Sanitary Project and declaring an emergency (at third reading). 
 
TABLED AT THIRD READING:  An ordinance authorizing the Village Administrator, with the assistance of the Rural Community Assistance Partnership (RCAP), to apply for, accept, and enter into a construction loan agreement for an Ohio EPA Water Pollution Loan Fund (WPCLF) loan for the lining and the rehabilitation/installation of two (2) manholes in the sanitary sewer line and runs between 5th and Jefferson and 4th Street and declaring an emergency (at third reading). 
 
TABLED AT THIRD READING:  An Ordinance to Authorize an Agreement between the Village of Brewster and the owner of Hillview Park to extend the Village Sanitary Sewer to the Park at owner’s expense. 
 
MUNICIPAL DEPARTMENT REPORTS:  
  1.       POLICE DEPARTMENT:   Chief Nathan Taylor
  •          There were 307 calls to service in December so far this month.
  •          Car #1 had a wheel bearing go out that was covered by warrantee.
  •          Car #5 had an oil leak.
  •          Chief Taylor introduced the new full-time Officer: Jason Mazzaro.
 
  1.       FIRE DEPARTMENT:  Chief Chris Colucy
  •          Number of calls to date: 880
  •          Met with the Mayor and Clerk over scheduling of the shifts.  He also discussed hard billing of non-residents that work in our coverage area.  They do not pay property taxes to the Village and he doesn’t feel they should receive the benefit of soft billing.    VA Miller asked if he had the amount of income this would provide.  Chief Colucy will contact Ohio Billing and set up a meeting.  Council Member Long asked if we could run the numbers to include the nursing home.  Chief Colucy stated that we should look into the billing of the nursing homes residents.  Chief Annen stated that most patients have private insurance in addition to Medicare and he is billing both Medicare and the resident’s insurance company.  Brewster is only billing Medicare.  Erie Valley is getting 85-90% of their costs covered.
  •          I would like to have the Lieutenant’s receive a stipend of $500.00 for the year as with the other officers.  They currently receive nothing and since I will not fill the Assistant Chief position with the resignation of a member who received $1640.00 per year this will not cost the village any extra money.  I have 2 lieutenants and they both deserve this salary paid over 12 months.  They have had increased responsibilities with the resignation of the Assistant Chief.  I would like to make this effective Jan 1, 2024.
 
VILLAGE SOLICITOR: John Anthony
  1.     The Solicitor answered a call from the Clerk to clarify whether the Mayor had the final decision on the Paramedic shift schedule.  Solicitor Anthony stated it is in Ohio Revised Code states the Mayor has the ultimate say.
 
COMMUNICATIONS: 
  1.        The clerk received a thank you card from Nancy Bucher for the holiday gift certificate.
 
VILLAGE ADMINISTRATOR: Mike Miller
The Council received the Village Administrator’s report last week to review. 
 
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to approve the Village Administrator’s report as presented.  The vote: All yes.
 
Items to emphasize or add since the email on Friday:
 
I have not put this on the agenda for Monday, as it is not a final determination. However, the DRAFT Water Pollution Control Loan Fund Draft Program Year 2024 Program Management Plan for WPCLF is in.
 
The Village’s WPCLF applications for the construction of a pump station (as well as a force main to the Village of Brewster’s sanitary sewer system) for Hillview Mobile Home Park Sanitary Sewerhas been TENTATIVELY recommended/approved for a construction loan in the amount of $301,000. (See page 37). Combined with the $40,000 CDBG Grant that represents 100% of the estimated construction costs.
 
I have reached out to Matt Kline of RCAP to confirm that the preliminary list means the same thing as last year. It does. So, as was the case last year the TENTATIVE approval means:
 
  • The list still needs final approval after a public hearing/public input. Rarely is anything on the list changed.
  • Final approval is in January.
 
Now for the better news. In addition to that approval, Hillview has also been TENTATIVELY approved for a Regionalization Discount. What that means is (jump to page 58 of the DRAFT Water Pollution Control Loan Fund Draft Program Year 2024 Program Management Plan, under the caption Projects Eligible for Regionalization Principal Forgiveness in PY 2024 with Rankings), is that theHillview Mobile Home Park Sanitary Sewerhas also been approved forprinciple forgiveness for the full $301,000 awarded. Again, going from last year and my conversation with RCAP, principle forgiveness means essentially the loan will become a grant.
 
So, with last years design loan with principle forgiveness, the CDBG Grant of $40,000, and now the TENTATIVE $301,000 WPCLF Construction Loan with principle forgiveness, the entire Hillview Mobile Home Park Sanitary Sewer Project appears to have 100% non-Village funding with Grants, or Loans that will become grants.
 
Similar to Hillview, the DRAFT Water Pollution Control Loan Fund Draft Program Year 2024 Program Management Plan for WPCLF is in for our Manholes Project and Lining & Manholes Project.
 
Not quite as good news as Hillview, as the Village will have to pay both construction loans back. But the NEW interest rate is now 0%, instead of what I was told would be 3.2%. That still is a significant savings. Got a chance to do a quick collation this afternoon. Using a loan amortization calculator, the approximate savings (assuming a 20-year payback) is:
  •          Manholes Project (Wabash S)    $93,300 Construction Loan      Interest at 3.2% for 20 years = $33,182.13
  •          Lining & Manholes (Jefferson)   $219,500 Construction Loan     Interest at 3.2% for 20 years = $79,954.67
So, combining the two (2) amounts of interest the Village won’t have to pay totals $113,136.67 (approximate – different calculators come up with slightly different amounts).
 
Now that we have 0% interest, I will double check to see if the loans can be for more than 20 years.
 
Council Member Schwab stated that VA Miller has done a great job acquiring grants in 2023 and especially with the Hillview Project.  He also had a question about the 2024 Paving Project.  He wanted to know whether the area around the Police Station and park are part of the project.  VA Miller stated that area is an alternate.
 
Administrator’s report for period 12/5/2023 through 12/18/2023:
 
New Electric Building – Back-up Generator. The generator that used to be at Village Hall/Fire Department has been inspected. The inspection indicated that the generator is in good working order and can be used at the New Electric Building for back-up power. We also obtained an estimate to have the generator that used to be at Village Hall/Fire Department installed at the new Electric Building. That estimate is $2,137.44. The generator will be located at the northwest corner of the newly leased property. Reusing the generator that used to be at Village Hall/Fire Department at the new Electric Building results in a large savings.
 
The back-up generator has been moved and set on the new pad that was poured. Conduit was already in place. It was tied in by our contractor on December 4th.
 
New Electric Building – Fencing. Fence installation has been completed. The front gate can be closed manually. Expect it to have electric shortly so it can be opened by keypad or “remote”.
 
OPWC Brewster Water Transmission Main Replacement Project. The Water Main Transmission Replacement Project is nearing completion. The second (redundant feed line to our water distribution system has been installed. Punch list and close out items are still on the agenda, but the numbers for the project currently look like (no promises) they will end up at:
 
  • $1,522,378 Total Cost
  • $1,200,000 OPWC Grant
  • $322,378 will be the Village’s “share” in match and OPWC Loan
  • Of the $322,378, there is $141,581.15 in “hard” match (9.3% total costs, of which $72,000 initial engineering spent for application counts)
  • Of the $322,378, there will be $180,796.85 covered by a twenty (20) year 0% OPWC Loan.
  • That means the Village won’t use $119,203.15 in awarded OPWC Loan because the project came in under budget estimate.
  • As a reminder, currently that stands $131,539 UNDER the original project estimate.
 
As a reminder of what was accomplished by the Water Main Transmission Replacement Project, there were:
 
  •          5875 feet of transmission water transmission lines were replaced, or 1.11 miles of water line. To put those numbers in perspective, Brewster had 16.67 miles of water line, so the Project replaced 6.65% of our water lines.
  •          An additional 250 feet of new transmission line was installed, establishing a second/redundant feed to the system.
  •          Replaced or added 27 valves so that there is better ability to isolate and bypass breaks.
  •          Replaced 6 hydrants.
  •          Reinstalled 67 services.
 
I will continue to keep Council informed.
 
Proposed Capital Projects. I have consulted with Clerk-Treasurer Kris King about the balance of the Capital Fund IF Council adds the $60,000 she suggests with the potential 2024 Capital Projects in mind. With the $60,000 transfer the total will be $180,000. An additional amount of approximately $7,500 is added each month from income tax income.
 
With that balance and keeping in mind that some should be kept in reserve, I am recommending the following projects:
 

Proposed Project

Amount

Engineering - Park Drive Phase 3

$40,000.00

7th Street SRTS - Park to east

$30,000.00

7th Street SRTS - Dartmouth to west

$18,000.00

East Main SRTS - Cleveland to 362 E Main

$10,000.00

East Main SRTS - 362 E Main

$18,000.00

$116,000.00
 
A quick recap:
  • Engineering Park Drive Phase 3 will put the Village in a position to seek grants/loans for the project, such as OPWC funding. The project will put the Village in the position of having Park Drive improved with curb and gutter and Safe Routes to Schools Path for an additional 320 feet. If the Village receives 49% in a grant towards construction, that will mean $130,820. Phase 3 engineering means construction will have been completed or plans completed for over half of the length of Park Drive between East Main and 7th Street.
  • 7th Street Safe Routes to Schools Path from Park to the east would replace approximately 310 feet of the limestone Safe Routes to Schools Path with concrete, as some on Council have been requesting.
  • 7th Street Safe Routes to Schools Path from Dartmouth to the west would replace approximately 180 feet of the limestone Safe Routes to Schools Path with concrete, as some on Council has been requesting.
  • East Main Safe Routes to Schools Path from Cleveland to 362 E Main will hard surface in asphalt the Safe Routes to Schools Path (approximately 790 feet) from Cleveland Avenue to the house at 362 East Main. Combined with installing a concrete path the rest of the way on East Main in concrete in front of 362 East Main (approximately 125 feet) that will connect downtown to Park Drive.
 
Moving forward with these projects will cost approximately $116,000 out of the projected $180,000 Capital Budget balance at the end of 2023. A projected $45,000 will be added by July 1, 2024. I am open to discuss these proposed projects at Council’s convenience.
 
2024 Paving Program. Tuscarawas from Locustdale to Chestnut was submitted as an OPWC Application, and the District 19 OPWC Integrating Committee voted to forward it to OPWC Small Governments for funding competition. The Village requested both a grant for 49% of the projected costs as well as a partial loan request. The loan request is for a 2-year loan at 0% interest. I will have to determine what effect the loan request combined with the grant request will have on Small Government scoring. In February I expect that OPWC Small Government will reach out to have the Village to supply critical information pertaining to their cure process and for the Village to provide any additional information for their application/competition process.
The 2024 Paving Plans have been completed, that includes as an “alternate” Tuscarawas. Tuscarawas is being referred to the OPWC Small Government program. Even if successful OPWC Small Government funding would NOT be available until after July 1st, 2024. So IF the application receives OPWC Small Government funding, the Village will not be able to award a contract for Tuscarawas until after the Project Agreement is signed. The challenge is to have the 2024 Paving Program go out to bid early to lock in lower prices yet maintain flexibility so that Tuscarawas is not awarded until after July 1st, 2024, at which time the Village HOPEFULLY enters into an agreement with OPWC for Small Government funding.
 
Our experience from past attempts to bid out any project that includes paving is that when it is bid out after July 1st we either get no bids or the bid prices are extremely high because contractors have already essentially filled out their schedule for crews for the summer, so they either don’t want the work or bid higher numbers knowing that to get to our work they have to pay overtime on their existing projects or ours, and they can’t alter their prices on projects they have already been awarded. We have addressed that by bidding out very early each year to get the best prices. So, while Tuscarawas is part of the 2024 Paving Program, the Village obviously CANNOT award a contract for it in its annual paving program before the Project Agreement is signed (if we get funding), sometime after July 1st, 2024.
 
The solution that would preserve the Village’s ability to lock in a lower cost by bidding early in the year yet preserve our ability to accept OPWC Small Government is to include Tuscarawas in the bid documents as an “alternate.” If we do not receive OPWC Funding, the Village can simply award a contract for the base bid (rest of streets on the paving list) and the “alternate” (Tuscarawas) at any point after bid opening. IF the Village is fortunate enough to receive OPWC Small Government Funding, then the Village could award a contract for the base bid (rest of streets) after bid opening at any point, but delay awarding a contract for the “alternate” (Tuscarawas) until after the Project Agreement is signed.
 
OPWC has approved that approach. To execute that approach, the Village will be stating when it bids out the 2024 Paving Program is that in the end the Village is going to award the “alternate 1” Tuscarawas along with the “Base” streets either way – with Village funding only or combined Village and OPWC Funding. That will be communicated to the potential bidders up front, so we get the best prices. That approach is outlined on Page 6 of the Bid Specifications, which states:
 
PROJECT SCHEDULE:
Contractor shall be aware of the following schedule, subject to the conditions listed below:
 
  •          The Village of Brewster intends to award Alternate 1 in addition to the Base Bid streets. However, the timing of that award may be at a later date than the base bid award because the Village has applied for OPWC Funding. IF the Village receives OPWC Funding for Alternate 1, then the award date and overall commencement date will be after July 1, 2024 and completion date will be moved to September 15th, 2024. If the Village does NOT receive OPWC Funding, the award for Alternate 1 will be sooner, likely no later than May 15th, 2024, and the commencement and completion dates will be as set forth in the Specifications.
  •          February 1st, 2024 Bid Opening Date
  •          August 15th, 2024 Project Completion Date (If do not receive OPWC funding)
  •          September 15th, 2024 Project Completion Date (If receive OPWC funding)
 
This is a LOT different than our normal process, but I believe puts the Village in the best position to get good prices/bids while maintaining our ability to accept OPWC Grant Funding for Tuscarawas.
 
We have completed the ADA Ramps in advance of the 2024 Paving Program.
 
I am requesting that the legislation authorizing the advertising for bids for the 2024 Paving Program be passed on an emergency basis at third reading.
 
Park Drive Phase 3. In pursuing the completion of the Safe Routes to Schools Path and associated improvements on Park Drive, the Village WAS approaching completing the rest of Park Drive as a single project, or Phase 2. Park Drive Phase 2 was to complete the Safe Routes to School path on the east side of Park Drive from where Park Drive Phase 1 terminated continuing south to 7th Street. Park Drive Phase 2 would have to traverse the levy, flood plain flowage easement, and the Elm Run to do so.
 
The Village contracted with W.E. Quicksall to do a preliminary plan for Park Drive Phase 2 so that the Village could begin the process with the US Army Corps of Engineers to get approvals for the project.  Drafting of plans, discussions, and meetings followed. We have identified constructing a surface path by filling some areas within the Village’s right-of-way but part concurrently also within the flowage easement as the most effective and cost-effective approach. Based on the initial submission by W.E. Quicksall of their preliminary plan for Park Drive Phase 2, a virtual “TEAMS” meeting was held with the US Army Corps of Engineers. The meeting included myself and Nate Quicksall on behalf of the Village, and if my count was correct 12 employees of the US Army Corps of Engineers. The meeting lasted approximately an hour and ten minutes. I will spare Council the intricate details of the meeting, but the highlights were:
  • There will be environmental information (environmental assessment) the Village will have to supply the Corps.
  • The Corps will be looking for plans 60% complete to do an initial review to provide feedback towards completion.
  • The Corps will be looking for plans to be 90% complete for final review before a 408 Permit is issued.
 
So, it became clear that for the areas controlled by the US Army Corps of Engineers (the levy, flood plain flowage easement, and the Elm Run) a formal US Army Corps of Engineer’s 408 Permit process will have to be followed, which will take considerable time and additional expense in the form of extensive engineering and services beyond engineering, such as surveying and environmental assessment(s), as well as other possible services.
 
So, with that backdrop, the requirement for the Village to get a formal US Army Corps of Engineer’s 408 Permit, W.E. Quicksall was tasked with coming up with a proposed cost based upon the agreed scope. In negotiations with W.E. Quicksall, it became clear that the costs would exceed $50,000. At that level, there is a completely different approach to soliciting engineering proposals than what we have been using for our projects where engineering is less than $50,000. The process will requirea great deal more timeto get to the point where an engineering firm, together with a proposed scope and cost could be brought to Council. Then, once an engineering firm (and possibly surveyor and environmental firm) have been selected and approved by Council, there will be additional time to get plans completed to the 60% level, reviewed by the Corps, updated, and completed to the 90% level, reviewed again by the Corps, then actually finalized and a permit issued, we are looking at many months.
 
So in stepping back and looking at what is left to complete on Park Drive, what stands out is that the portion form 7th Street north to the flowage easement (just south of the culvert) could be done without any involvement of the US Army Corps of Engineers, allowing the engineering and surveying to be done at a cost lower than the $50,000 threshold, allowing plans for a “Phase 3” of Park Drive to be completed well in advance of the next application deadline for OPWC funding in September of 2024 for the project and for “Phase 3”.
 
So, I am negotiating with W.E. Quicksall on the scope and price to complete plans for Park Drive “Phase 3” to bring before Council to be approved. When that is submitted, I will present it to Council.
 
Hillview Mobile Home Park Sanitary Sewer “Project” – WPCLF Design/Planning Loan. Design has wrapped up. A revised Engineer’s Estimate has been developed. Plans are being finalized.
 
Hillview Mobile Home Park & Village Agreement for Reimbursement. Law Director Anthony has addressed Council on this piece of the overall “puzzle.”
 
Hillview Mobile Home Park - CDBG Funds. The CDBG Grant continues to progress. CDBG has documents they requested to address the Environmental Review process. In addition to utilizing the documentation in the Environmental Review process, there will be:
  •          A “historic” review by the Ohio Historic Preservation Office, which Stark County CDBG will take responsibility for.
  •          Published legal notices, which Stark County CDBG will take responsibility for.
  •          30-day comment period, which Stark County CDBG will take responsibility for.
  •          As portions of the project will lie within the flood plain, environmental review for flood plain/wetland incursion, which Stark County CDBG will take responsibility for.
They estimate that part of the process will wrap up in December.
 
Hillview Mobile Home Park Sanitary Sewer “Project” – Easements. With the use of Federal funds through WPCLF subjects the easements to Title II and III of the Uniform Relocation Assistance and Real Property Acquisition and Policies Act of 1970 (P.L.91-646). The easements for the Project were identified. They were then appraised. The next step is “negotiations” with the owner, Hillview Mobile Home Park, based on the appraisal(s). It is still the intent of Hillview Mobile Home Park at this point in the process to donate the easements at no cost, similar to what was done by Fairless Schools for the Safe Routes to Schools Project. However, this process is on hold until the Village and Hillview reach an agreement on reimbursement by Hillview for any Village incurred costs.
 
Hillview Mobile Home Park Pump Station & Force Main Project – Construction Renomination Summary. As I indicated previously, the Village is pursuing better funding for the construction portion of the Hillview Mobile Home Park Pump Station & Force Main Project. The Village has a “bird in hand” (existing WPCLF Construction Loan up to $255,000). Because the CDBG Funding will not be available until July 1, 2024, it allows the Village to reapply (renominate) the Project. That was completed September 14, 2023. By reapplying the Village can potentially get “loan forgiveness” in all or part. There is potential loan forgiveness for up to $50,000 for back-up electricity. With the WPCLF construction loan in place, the Village can keep that existing WPCLF Loan for construction while we renominate the project. There is no downside to renominating it. If we do not get a better outcome, we can keep the existing WPCLF Loan like what the outcome is, we follow through on loan approval.
 
The cost estimate has changed, due to projected increases in construction prices and addition of construction administration. That was included in the renomination request. As a reminder, the owners of Hillview Mobile Home Park are to ultimately reimburse the Village for any costs it incurs on the Project.                                                                                                                                                                                                        
Storm Drainage Projects. The current list of storm sewer projects in their priority order, with updates on their status:
  1.        Catch basin extensions on West Main
  2.        Dartmouth/Amherst relief line. Easement has been signed. Need surveyor to set pins. Work to start when it can be scheduled and weather permits.
  3.        Corner of Needham & Harriman – catch basin collapse.
  4.        East end of 1st Street SE. Will have to coordinate with US Army Corps of Engineers.
  5.        Open ditch east of Mohican. We are consulting with Stark County Soil & Water.
  6.        Drainage from Harmon west of 264 Harmon. Survey needs to be completed.
  7.        Drainage on north side of 7th west of Baymere.
These are not necessarily on a first come/first serve basis but based on their criticality and/or ability to fit into the schedule.
 
After Hours Dispatching for the Service/Utilities Departments. The Village has gone live with the new after-hours dispatching service. Training occurred the week of December 11th.
 
Leaf Pick-Up. Leaf pick-up has ended so that the equipment can be switched over to salting and snow removal.
 
Efficiency Smart – Black Friday Event. Efficiency Smart will be offering the following Black Friday deals through their Online Savings Store:
  •          Up to $170 off a smart thermostat from November 6- December 27
Efficiency Smart will share information about the Black Friday specials on social media channels when the deals go live on November 6. The following is a direct link to the store:
  
VILLAGE MAYOR: Charles Hawk
  1.        Winners of the lighting contest:
#1 – 264 Fourth Street SW
#2 – 265 Sixth Street SW
#3 – 322 Second Street SW
Mayor Hawk thanked the girls in the utility office and all the participants.
  1.        Mayor Hawk thanked Council Member Schwab for his years of service to the Village of Brewster.
 
VILLAGE CLERK-TREASURER:  Kris King
 1.       Please review and initial the three check registers on the table.
  1.        Escrow payment has been made for December.  The Village will be getting copies of the deposit receipts.  The payments are to be made on the 15th of each month.
  2.        Just a reminder from last meeting: We received a $40,000 grant from BWC for the cots.  The association will be paying the balance to the Village when the bill comes in.  We received $13,916.67 towards the 4 sets of turnout gear.  Council approved to pay the balance of $2,783.33.  The Chief would like to apply for a ODNR Wildland grant for grassfire equipment to replace the 30+ year old equipment on the Grass Truck and Side-by-Side.  He stated it was a 50/50 grant for up to $10,000 and he doesn’t expect it to cost the Village more than $2,500. The end date for this grant is January 14, 2024.  Council Member Hilliard asked Chief Colucy to show him the list of equipment needed.  Council Member also asked if the side-by-side has been titled over to the Village yet.  VA Miller stated t hat the Solicitor has to continue getting some questions answered first.
  3.        Liability Insurance: Our crime policy has been updated to a $1,000,000 limit as directed by Council.
  4.        The computers in the utility office have been replaced.  We have been having trouble for the last several months with them locking up and shutting down.  We wanted to change them out before we lost any information.
  5.        Over the next month I will be occupied with closing 2023 and preparing the books for 2024.  We will also be scheduling our 2022-2023 State audit.
VILLAGE SPEAKS (Communications received by Council Members from Village Residents):
Council Member Godwin thanked Council Member Schwab for all his years of service to the Village.  Council Member Schwab was asked how many years he has served the Village.  He stated he started in 1986.
 
Clerk-Treasurer Kris King also thanked Council Member Schwab for all the years he has served and especially for all the help he has provided her over the years.  He will be missed.
 
COMMITTEES or COUNCIL REPORTS: The Goal of any committee meeting is to discuss an issue or proposal and to provide, by consensus of the committee members, ONE recommendation to Council.
Mayor Hawk is looking for volunteers for the Recreation Board.
 
PENDING EXPENDITURE REQUESTS:
  1.        None.
 
PENDING PROPOSALS FROM PAST MEETINGS:
  1.        None.
 
OLD or NEW BUSINESS:Council Rules require a two-week waiting period before any expenditure of funds unless determined to be an emergency.
There was no old or new business brought up.
 
AUDIENCE COMMENTS:
  1.        Paramedic Thom Ross thanked Council for passing the legislation expanding the scheduled hours.  He stated for a stroke/heart attack time makes a difference.  Time is muscle.  He also stated he was the paramedic on the call for a seven-year-old and there is nothing worse than being on a call like that by yourself.  He loves working down here.  He has family here and spent some of his youth here.  He said thanks for supporting the Fire Department.
  2.        Council Member Schwab asked that Council considers the petition from the residents for the West Main Street Project.  “The vast majority of residents on that street are against it.  These are the people that we work for.”
  3.        Council Member Schwab gave his closing remark: “It has been an honor to serve with this Council, Mayor, Village Clerk, and Solicitor.  I would like to thank them, the VA, and all the Village employees who through the years made my job easier.  Thank you and may I wish each of you the best.”
 
COUNCIL FOX MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to adjourn the meeting at 8:04 p.m.  The vote: All yes.
 
 
Respectfully submitted,
Kris King, Clerk-Treasurer
Charles Hawk, Mayor