August 21, 2023 - Meeting Minutes

MINUTES
BREWSTER VILLAGE COUNCIL
AUGUST 21, 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 Clerk-Treasurer Kris King, followed by the Pledge of Allegiance to the flag.
 
The meeting took place in the Community Room.
 
MEMBERS PRESENT:
Charles Hawk, Mayor                                  David Godwin, Council Member
Thomas Hilliard, Council Member               Brett Long, Council Member                      
Sydney Radich, Council Member                 Mike Schwab, Council Member 
 
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER LONG and motion carried to excuse COUNCIL MEMBER FOX from this evening’s meeting.  The vote:  All yes. 
 
VILLAGE OFFICIALS:
John Anthony, Solicitor                                  Michael L Miller, Village Administrator
Kris King, Clerk-Treasurer                          
 
MINUTES FROM THE AUGUST 7, 2023, REGULAR COUNCIL MEETING:
Mayor Chuck Hawk asked if there were any additions or deletions to the August 7, 2023, Council meeting minutes.
 
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to approve the minutes as presented.  The vote: All yes.
 
PRESENTATION OF BILLS:
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to accept the bills in the amount of $718,429.79.  The vote: All yes. 
 
AUDIENCE:
Police Chief Nathan Taylor, Asst. Scott Borojevich, and Scott Killy
 
Scott Killy, 855 S Wabash Ave, received a call from a fellow realtor about a family at 395 2nd St SE that was listing their home because of issues with the neighbors and the noise they are creating.
 
PRESENTATION OF GUESTS:  None
 
CONSIDERATION OF ORDINANCES:  Titles of each read by Solicitor John Anthony. 
ORDINANCE 50-2023: An Ordinance creating the position of Full-Time Assistant in the Clerk-Treasurer’s Office was given third reading.
 
Council Member Godwin requested that the legislation be passed under emergency.  Solicitor Anthony stated the reasoning did not justify it.
 
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to approve the legislation as presented.  The vote: Godwin, yes; Hilliard, yes; Long, yes; Radich, yes; Schwab, no.  Motion carried.
 
ORDINANCE 51-2023: An Ordinance entering into a contract for the Brewster Water Transmission Main Replacement Project was given third reading.  (First Reading was not recorded in the July 17, 2023 minutes in error.)
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER SCHWAB and motion carried to approve the legislation as presented.  The vote: All yes.
 
First Reading: A Parking Ordinance for the first block of East Main Street to Reserve three Parking Spaces for Fire Department Only.
 
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 was given third reading.
 
MUNICIPAL DEPARTMENT REPORTS:  
  1.       POLICE DEPARTMENT:   Chief Nathan Taylor
  •          There have been 380 calls of service for August 2023 so far.
  •          There was a missing child search.  Beach City, Navarre, and Wilmot Fire and Police Departments participated in the search.  Marathon, Ohio State Patrol Aviation, and other agencies also assisted.  The Chief wished to thank everyone that helped to bring the child home safe.
  •          The equipment has been ordered for the new cruiser.
  •          Council Member Godwin asked if there were any issues at the football game.  Chief Taylor stated it went well.  He also stated he will be closing 7th St to cross the band for each game.  It will only be closed for about 3 minutes.
  1.       FIRE DEPARTMENT:  Asst. Chief Scott Borojevich 
  •          Asst. Chief Borojevich reiterated Chief Taylor on how well the search went for the child.
  •          Year to date calls = 586.  Asst. Chief Borojevich passed out a handout prepared by Jeremy Henry showing a breakdown of the calls for the year.
  •          The new ambulance will be going in for lettering next week.
 
VILLAGE SOLICITOR: John Anthony
Solicitor Anthony reviewed the ordinance concerning noise:  Codified Ordinance 95.01.  Chief Taylor stated that he has submitted three reports to the Prosecutor and they were denied.
 
COMMUNICATIONS: 
 
VILLAGE ADMINISTRATOR: Mike Miller
The Council received the Village Administrator’s report last week to review.  Administrator’s report for period: 08/08/2023 thru 08/21/2023:
 
COUNCIL MEMBER LONG MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to approve the Village Administrator’s report as presented.  The vote: All yes.
 
Items added since the email went out to Council:
·         The VA would like to move forward with Fiber Extension Phase II and Phase III.
  •          The VA would like to move forward with the Police Department wall repair and the doors replacement.
  •          Newest on East Main: Small subdivision that would require lots with 50-foot frontages.  This will require East Main to be extended.  One option is an additional 22-foot of road and a cul-de-sac.  The cost of the road could be anywhere from $60k to upwards of $300k depending on what is decided.  Could also be assessed by present value, projected tax value.
  •          The VA stated we need to get our ducks in a row on the Hillview force main.  The easements are complete.  We need to see if Hillview is willing to donate the easement property and follow-up with their Attorney to see if the escrow account has been set up.
  •          We need to submit it again for a construction grant/loan.  We already have a $40k grant from CDBG.  The plans are almost complete, we be able to lower or eliminate the interest rate.  We need to get the sewer line at least 10 feet away from the water line.
  •          The VA is getting pricing for fencing at the new electric garage.  The substation has 8’ with barbwire along the top.  We will need to put it in our ordinance to allow it.  Council Member Schwab would like to schedule a walk-thru meeting for Council to view the completed building.  He suggested before the next meeting.
  •          Council Member Schwab asked if the residents on West Main are aware of the changes coming to the street.  VA Miller stated the ones on the end are aware.  The complaints when the road narrowing was discussed previously were because sidewalks were being added.  We have eliminated the sidewalks.  Letters can be sent out.
  •          Attorney Anthony stated there has to be 50’ frontage on a cul-de-sac.  VA Miller stated he was aware of that.
 
Administrator’s report for period 8/8/2023 through 8/21/2023:
 
OPWC Brewster Water Transmission Main Replacement Project. Bids were opened Wednesday August 2nd at 1:00 pm. The engineer’s construction estimate was $1,526,000. The budgeted construction costs plus contingencies in the OPWC Application for the Project was $1,566,917. The lowest and best bidder for the Brewster Water Transmission Main Replacement Project is Palmer & Son Excavating of Wooster, Ohio in the amount of $1,272,685.40.
 
I am requesting that Council pass legislation awarding the contract for the Brewster Water Transmission Main Replacement Project to Palmer & Son Excavating of Wooster, Ohio in the amount of $1,272,685.40 on an emergency to allow construction to commence at the earliest possible date so that the project can be completed by the completion date and to provide as much favorable weather as possible to do so.
 
In preparation for construction of the Brewster Water Transmission Main Replacement Project, I contacted CT Consultants to get a not to exceed price for construction oversight. The budget includes funds for construction oversight. Most of the day-to-day supervision of construction can/will occur with Village employees. However, in addition to consulting about the inevitable surprises and/or changes that occur during construction, CT is also needed for any formal changes to the specifications and submissions, including submissions for payment. After an initial proposal, the not to exceed price has been reduced to $45,424. The Law Director has reviewed and approved the agreement contingent on specified language changes. I also anticipate coming in below the not-to-exceed price. Once (if) Council awards a construction contract I intend to enter into the construction oversight contract with CT Consultants as set forth in the Ordinance.
 
OPWC - West Main Reduction and Rehabilitation Project. We have received the final plans and the engineer’s estimate for the West Main Reduction & Rehabilitation Project. Engineer’s estimate for construction, including a 10% contingency, is $294,000. Village match out of Paving funds at that amount will be $149,940.
 
A quick recap:
  • The project will reduce the width of West Main between Lincoln and McKinley on the south side only.
  • Width will go from 44 feet to 36 feet – an 8-foot reduction.
  • The reason the width is being reduced on one side of West Main only is to reduce costs – to replace curb and gutter on both sides would be a minimum increase of $44,153.
  • There is NO SIDEWALK to be added on either side of West Main as part of this project.
  • ADA Ramps will be replaced/installed as part of the project at West Main and Washington and at West Main and McKinley.
  • Drainage will be extended to the new curb line on the south side of West Main from current locations, and across to the north side as well.
As I previously informed Council, the extension of drainage will be done by Village personnel later this summer into this Fall and Winter to keep costs low and to make the Project go faster when it is constructed. The cost for materials is approximately $4,780. The plan is:
  •          The Village will run storm sewer lines from the existing south side to the proposed new curb on the south side and set new storm sewer structures with a solid top.
  •          Have Thrasher set pins at the back of the proposed new curb on the south side to allow us to set new catch basins so they will line up with the new curb and gutter.
  •          The Village to run storm sewer line from those new storm sewer structures with a solid top to the north side of West Main and set new storm sewers with curb inlets.
  •          The plans would then require the contractor to set curb inlets on the new storm sewer structures in line with the new curb and gutter and move the solid tops to the existing structures on the south side for access.
That process will save both time for Thrasher to add elements to the plans and obviously money as well. Some costs to setting pins, but less than full survey and revamping plans. The rough locations of the new storm sewers are marked on West Main. Work has been completed on the plans and cost estimate.
 
OPWC – Tuscarawas Paving Project. In the LTIP portion of the OPWC District 19 criteria, there are 5 additional points awarded to a mill and fill only paving project with over a 50% match. With that background. Council authorized me to apply for an OPWC Grant for the Tuscarawas Paving Project for the current round. The Paving Plans have been completed, that includes as an alternate Tuscarawas. The construction estimate for Tuscarawas is $99,972.25. So, our request will be for 49% OPWC Grant – that will be $48,986.40 for construction. Both amounts will vary based on including engineering costs and bidding costs. We will be completing any ADA Ramps in advance of the paving.
 
2024 Paving Program. Work has been completed on the list for the 2024 Paving Program. All the streets that were part of the OPWC Tuscarawas/Locustdale/Pinewood Water Line Replacement Project are priorities, with Tuscarawas split out so that the Village can submit its OPWC Application for funding for that street. The plan for those streets was to let trenches settle this summer, put in new ADA Ramps at the intersections ahead of next year, and remove any “hazard” trees and replacing any displaced sidewalk before paving all those streets next year. I have informed Columbia Gas of these plans so that if there is a need to also replace the gas lines on these streets they can do so before we pave them next year.
 
I am finishing getting quotes for the ADA Ramps that will need to be updated ahead of the 2024 Paving Program:
  •          Chestnut and Tuscarawas.
  •          Pinewood & Tuscarawas.
  •          Locustdale and Tuscarawas.
  •          Locustdale & Wabash
 
Again, I anticipate that these will be addressed ahead of the 2024 Paving Program, at less cost, and hopefully with much less confusion.
 
OPWC 2023 Applications.This year’s deadline for submission of OPWC Projects is September 29, 2023. In preparing for submission of a Village application(s), I have completed reviewing the Village’s Five-Year Capital Improvement Plans/Maintenance of Effort Reports (referred to as CIRs). The Village gets 10 points on each application if it submits CIRs. I have forwarded the completed CIRs.
 
Ambulance Purchase. We are moving forward with the purchase of theBraun Chief XL Demo Ambulance on a Ford F-450 4X4 Diesel Chassis from/through PennCare.
 
Park Drive Phase 2: US Army Corps of Engineer’s 408 Permit. I have reviewed theUS Army Corps of Engineer’s initial response in a meeting with W.E. Quicksall to discuss the scope for the Park Drive Phase 2 Project. Park Drive Phase 2 is primarily to connect the Safe Routes to Schools path from where it ends north of the levee on Park Drive to 7th Street on the north side at Park Drive. There are three (3) main issues that the Village will have to address with the Park Drive Phase 2 Project:
 
  1.             Traversing the levee including fill up against it.
  2.             The flood plain or flowage easement outside the levee.
  3.             Crossing the Elm Run.
 
There are a number of tasks that will be involved in addressing those issues and putting together plans for the Park Drive Phase 2 Project. We possibly can reduce the number depending on the Village’s approach.
 
One approach is to traverse the flowage easement with a boardwalk. This would require a number of borings (geotechnical). A boardwalk is also more potentially expensive to construct and more expensive to maintain over time.
 
A second approach is to construct a surface path by filling some areas within the Village’s right-of-way but also in parts within the flowage easement. That approach would essentially eliminate borings (geotechnical) but would require mitigation in the form of any fill done within the flowage easement would at a minimum need to be offset by removing the same volume of material within the flowage easement as an offset. Preliminary calculations indicate 39 cubic yards. To put that in perspective, a standard full size pick-up truck holds about 2 ½ cubic yards. So, the amount filled and the amount to mitigate would be approximately 16 standard pick-up truck loads. That approach also makes the Safe Routes to Schools path from where it ends north of the levee on Park Drive to 7th Street on the north side at Park Drive much less expensive to construct and easier to maintain, as it will be a surface path versus elevated boardwalk.
 
After some discussion, it has been determined to scope the engineering services around option 2 - construct a surface path by filling some areas within the Village’s right-of-way but also in parts within the flowage easement. This approach, like option 1, will require some services beyond engineering: surveying, structural engineering, and environmental assessment. We have tasked WE Quicksall with coming up with a proposed cost based upon the agreed scope. I will inform Council once we receive their proposal.
 
Parking Spaces at Village Hall and East Main. An ordinance has been prepared that follows the direction of Council to reserve three (3) parking spots for Fire Department Parking only.
 
Parks – Pickleball Court. The Pickleball Court and the Basketball Court repair and recoating is complete.
 
Mosquito Spraying. Mosquito spraying has begun. The Village will defer to them and follow our contract for the County to spray the rest of the summer.
 
New Electric Building – Back-up Generator. The generator that used to be at Village Hall/Fire Department was inspected. The inspection indicates 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.
 
New Electric Building – Fencing. We are in the process of obtaining quotes to install fencing and gates at the new Electric Building.
Storm Drainage Projects. The current list of storm sewer projects in their priority order, with updates on their status:
  1.        Dartmouth/Amherst relief line. Easement has been signed. Need surveyor to set pins. Work to start when it can be scheduled and weather permits.
  2.        Catch basin extensions on West Main
  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. We are also looking to repair deteriorated catch basins, so if any Council person is aware of any, please let me know. Also, if there are any storm drainage projects/issues not on this list please let me know.
 
Properties in the Village with High Grass. As an FYI, letters have begun going out for properties that either have high grass or trash issues in the Village. High grass letters state:
This is to inform you to take immediate steps to cut the grass on the above-referenced property in the Village of Brewster.
 
The Village of Brewster Code of Ordinances Section 95.20 and 95.21 require the mowing of grass, weeds, or plants growing to heights exceeding eight (8) inches.
 
The Village of Brewster Code of Ordinance 95.12 further provides that upon written notice to the owner, lessee, agent, or tenant having charge of such land be cut within five days after receipt of said notice.
 
If the property is not brought into compliance within those five days, the Village will have the property mowed and charge you, the property owner, either by billing or assessment on the property taxes.
 
In addition, the ordinance provides that if you as the property owner fail or refuse to cut said grass, weeds, and undesirable vegetation following this notice… and it becomes necessary for the Village to cut and/or clean the same lot more than one time during the remainder of this calendar year, the Administrator may order the lot or lots to be cut and/or cleaned without the necessity of further notice.
               
Once the green cards (certified delivery) come back, the Village can cut the property and, if unpaid, place the cost of the property owner’s taxes. So, if you notice any properties in the Village where the grass is not being cut in accordance with our ordinance, please let me know.
 
Hillview Mobile Home Park Sanitary Sewer “Project” – WPCLF Design/Planning Loan. Design is ongoing.
 
Hillview Mobile Home Park - CDBG Funds. I had a telephone conference with Stark County Regional Planning (CDBG) on May 24th regarding the Village’s CDBG Grant of $40,000 towards the Hillview Pump Station and Force Main Project. We went over documentation they need to address the Environmental Review element required by the infusion of Federal (HUD) funding for the Project. I forwarded to CDBG requested documents 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.
 
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 have been identified, they have been appraised, so now the “negotiations” with the owner, Hillview Mobile Home Park, based on the appraisal(s) can commence. 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.
 
Hillview Mobile Home Park & Village Agreement for Reimbursement. Law Director Anthony has addressed Council on this piece of the overall “puzzle.”
 
Brewster Sanitary Manholes Project – WPCLF Loan(s). The Village’s application for the loan has been submitted. Work on the plans is underway.
 
Brewster Sanitary Sewer Lining and Manhole Rehab/Replacement Project – WPCLF Loan(s). The Village’s application for the loan has been approved. Work on the plans is underway.
 
AMP Annual Conference. I am planning to attend the 2023 AMP Annual Conference on September 26th and 27th, 2023 at the Hilton Columbus at Easton. Looking to get new viewpoints on innovations or programs that can be implemented in Brewster as well as participate in Joint Ventures Brewster has part ownership in, such as JV2 (JV2 is three (3) gas turbine distributed generation units and 34 diesel units with a total capacity of 134.096 MW at sites located across Ohio)  and JV5 (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.)
 
VILLAGE MAYOR: Charles Hawk
  1.        Appoint Nick Schlabach to part time Firefighter/EMT
  2.        Christmas in The Village meeting will be on September 6th at 10AM.
  3.        Asked Council to determine a date for Trick-or-Treat.
  4.        Council Member Godwin asked Asst. Chief Borojevich if the new appointees have started working.  They are still in the process of getting physicals, drug screens and background checks.
 
VILLAGE CLERK-TREASURER:  Kris King.
1.       The check register was provided for Council’s review.
 
VILLAGE SPEAKS (Communications received by Council Members from Village Residents):
Council Member Hilliard stated that 320 Needham still needs dirt.
 
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.
VA Miller reported the Parks and Grounds Committee reviewed several projects including fiberoptics and Police Station repairs.
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.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to approve the repair of the wall and replacement of doors at the Police Station out of the Police Income Tax Fund.  The vote: Godwin, yes; Hilliard, no; Long, yes; Radich, yes; Schwab, yes.
 
COUNCIL MEMBER SCHWAB MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to hold a Council of the Whole meeting at the new Electric Garage for a walk through of the new facility on September 5th at 5:45pm.  The vote: All yes.
 
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to approve the purchase and installation of Fiber Extension Phase II to reconnect cameras in Bimeler Park at $20,946.73 out of Capital Improvements and Fiber Extension Phase III to the South Water Tower and the Solar Field with 3/5% from the Electric Fund and 2/5% from the Water Fund of the $13,184.80 quote from Next Wavelength Communications.  The vote: All yes.
 
There was also some discussion on cameras in the parks.
 
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER SCHWAB and motion carried accept the Mayor’s recommendation of Nick Schlabach as a member of the Paramedic Program pending successful physical, drug screen, and background check.  The vote: All yes.
 
COUNCIL MEMBER LONG MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried schedule Trick-or-Treat on October 31st from 6:00-7:30pm with the children’s party and judging to follow in the community room.
 
Council Member Schwab asked the Clerk-Treasurer to contact the neighboring communities and let them know about Brewster’s date and time for Trick-or-Treat.
 
AUDIENCE COMMENTS:
 
COUNCIL MEMBER RADICH MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to adjourn the meeting at 8:13 p.m.  The vote: All yes.
 
Respectfully submitted,
Kris King, Clerk-Treasurer
Charles Hawk, Mayor