September 16, 2019 - Meeting Minutes

 

Brewster Village Council met in regular session with Mayor Mike Schwab presiding.

 

7:00 P.M. – CALL TO ORDER

 

Council Members bowed their heads for the invocation provided by Clerk-Treasurer

Kris King followed by the Pledge of Allegiance.

 

Mike Schwab, Mayor

Dale Fox, Council Member                           David 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 L Miller, Village Administrator

 

Mayor Mike Schwab asked if there were any additions or deletions to the September 3, 2019 Council meeting minutes.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to accept the minutes as presented.  The vote: All yes.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to accept the bills in the amount of $ 435,668.18.  The vote: All yes.

 

Rhonda Smith, 240 Harmon St NW, appeared before Council with a request for assistance.  There are four families that are experiencing a rat problem.  She stated there was a neighbor that had upwards of 14 dogs and some cats.  This neighbor had been taking his trash to work with him for disposal but has had some health problems and unable to work so the trash built up in his garage and now there is a rat problem.  There are four homes affected by the infestation thus far.  The rats have a path worn between two of the garages.  One neighbor has already caught eleven rats.  When an exterminator was called, it was going to cost $350 a month and would only work if everyone affected did what was needed to do.  Mrs. Smith’s son, Chris, was also in attendance.  He is very concerned because two rats had made it into his home, which he caught. There are three children in the home including a three-month-old baby.  Mayor Schwab asked the VA to get the addresses of the homes affected.  VA Miller stated he would contact the Stark County Health Department.  Mr. Chris Smith has already contacted them, but VA Miller stated he would make an additional call.

 

Tim Moriarty of 320 Needham St. SW announced his candidacy for Fairless School Board.  He stated he is the candidate for a new vision.  He stated that only 13% of Fairless students are ready for college.  He feels the problem is the lack of discipline and would like to see this issue addressed.  He would welcome a debate with the other two candidates.  Mr. Moriarty also spoke on the safety concerns of the area Amish buggies after dark.  He has met with Amish Bishop Eli Hershberger and plans to meet with Bishop John Miller to get more lights on the buggies to ensure the safety of the Amish and the drivers of cars.  He stated there is still work to be done.

 

Police Chief Keith Creter, Fire Chief Chris Colucy, Ray Heitger, and Joshua Bowen of the Independent Newspaper were in attendance.

 

None

 

ORDINANCE 67-2019:  An Ordinance Authorizing an ODOT Resurfacing Agreement for State Route 93 north of Harmon Street in 2021 was given third reading.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to pass the legislation as presented.  The vote: All yes.

 

Second Reading: A Resolution of Supplemental Appropriations for 2019.

 

Second Reading:  An Ordinance Authorizing the Amendment to Ordinance #28-2019 – 2019 Appropriations.

 

ORDINANCE 68-2019:An Ordinance Authorizing Contract w/Architect for a Fire Building Expansion Project was given second reading. (estimated $1.3 million expansion with architect fee of $ 78,000 [6%]).  VA Miller wants to pull a purchase order but it will require a loan from another fund.  The Clerk will need to contact the County Auditor for the specifics.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to suspend the rules requiring three separate readings and bring the legislation forward for passage.  The vote: All yes.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to pass the legislation as presented.  The vote: All yes.

 

Second Reading:  A Resolution Authorizing the Creation of a Fire Income Tax Fund.

 

Second Reading:  An Ordinance Authorizing a Modification to Sewer Rates and Fees. (Draft based on the consultant’s recommendations; increase by 20% in 2020 and an additional 3% each year after). 

Second Reading:  An Ordinance Authorizing a Modification to Water Rates and Fees. (Draft based on the consultant’s recommendations; reduce by 10% in 2020 and an additional 2.75% each year after). 

 

Intro by Mayor - First Reading: An Ordinance Authorizing the Addition of Employee Policy 5.13P - Police Uniform Allowance to the Employee Handbook.

 

Intro by Mayor - First Reading:  An Ordinance Amending Chapter 95 of the Village Code Ordinances with the Addition of 95.06 Unlawful Deposit.

 

Intro by Mayor - First Reading:  An Ordinance Amending the Village Code Ordinances with the Addition of Chapter 117 - Solid Waste Hauler Regulations in Village.

 

ORDINANCE 69-2019: An Ordinance Authorizing the Acceptance of a FEMA Grant for the Purchase of Twenty FD SCBA Units (Grant = $ 135,233.33 & FD Fund = $ 6761.67) was given first reading.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to suspend the rules requiring three separate readings and bring the legislation forward for passage.  The vote: All yes.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to pass the legislation as presented.  The vote: All yes.

 

ORDINANCE 70-2019:  An Ordinance Authorizing Preparation for and Bidding of the Purchase of Twenty SCBA Units for the Village Fire Department was given first reading.

 

COUNCIL MEMBER FOX 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 FOX MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to pass the legislation as presented.  The vote: All yes.

 

Tabled at Third Reading on 09/03/2019:Third Reading: Authorize a Contract for the Installation of

Material & Equipment for the South Substation Upgrade Project (Project Rebid with 09/26 opening).

 

Council Member Fox had some concerns about the Waste and Recycling Collection Ordinance.  After reviewing section 117.06, it was decided that it was fine as presented.

 

Council Member Hilliard stated he cannot approve the Sewer Rate Ordinance unless it is changed to be only in effect for three or four years.  Council Member Godwin agreed.

MUNICIPAL DEPARTMENT REPORTS:  

 

COMMUNICATIONS: 

 

VILLAGE ADMINISTRATOR: Mike Miller

Administrator’s report for period 9/4/2019 thru 9/16/2019:

 

• Electric –Substation Upgrade/Expansion. We are rebidding the construction portion of the Substation Upgrade/Expansion Project. The first advertisement was Sunday September 8th, with the second advertisement Sunday September 15^th. The bid opening is Thursday September 26th. This puts us in line to have a recommendation to Council for their October 7th, 2019 meeting, where if Council decides to it can award a contract.

Financing Plan: Financing through AMP has had all the paperwork completed for our first drawdown. We still plan to pay some costs out of our capital funds and reimburse the fund at a later date if necessary.

Site Preparation: We still plan to utilize grindings from the 7^th Street project as a base prior to bringing gravel in.

Rate Study: Complete.

 

I will continue to keep Council informed as to developments. Please feel free, as always, to contact me if you have any questions or need me to obtain any additional information.

 

• CDBG Application - Jefferson Ave Sanitary Sewer Main Replacement Project. I continue to work on the application for a CDBG Grant for the Jefferson Ave Sanitary Sewer Main Replacement Project. Our request will be for $441,959 in CDBG funding. Our match will be the engineering we have already encumbered/spent ($74,805) plus construction oversight and advertising ($26,840). The deadline for submitting an application is November 1^st, 2019 at Noon. I expect to have ours submitted much earlier.

 

I will continue to keep Council informed on the Village’s progress towards applying for a CDBG Grant for the Jefferson Ave Sanitary Sewer Main Replacement Project.

 

• Route 93 – ODOT Paving. ODOT District 4 is having a pre-construction meeting on Wednesday, September 18, 2019 at 10:00 AM regarding the paving of Route 93 in Brewster. I plan to attend.

 

• Water – Well Cleaning & Rehabilitation. As Council is aware, Moody’s of Dayton began cleaning and rehabilitating one (1) of our water wells last week. We originally solicited three (3) quotes to service (clean & rehabilitate if necessary) for two (2) wells for this year. The submitted the lowest quote we at $13,600 per well. They were cleaning, and rehabilitating if necessary, up to two (2) wells this year. “Servicing” included as a minimum:

 

• pulling the pump
• cleaning the well
• inspecting the well
• inspecting and testing the pump

 

As Council is also aware, IF during the inspection anything is identified as needing repair or replacement, there was going to be an additional cost. The possible repairs had no cost attached.

We serviced the first of the two (2) wells, and we now know the cost for repairs. Upon removing the pipe and pump, a number of items were identified that need repair or replacement. We are replacing (rather than repairing) the pump bowls and the column pipe, as well as other repairs at a cost of $13,570. Based on the condition and age of the pump bowls and the pipe, it was determined that a repair was not cost effective and we would proceed with replacement of those two items.

If we had decided to just repair the pump bowls and the column pipe instead of replacing with new, the cost would drop by $3,500 per well, and bring the cost below the $50,000 bidding threshold. However, proceeding with repairs rather than replacement is not in the best interest of the Village in the Water Department staff or my opinion. IF the repairs failed, and there is a good chance they could, we would be looking at a second servicing and repair at the same or inflated cost in the future. It is better to get it right now. So, since we can’t leave it out of service in pieces, we have proceeded with repairs and reinstallation. The cost for servicing and repairs and reinstallation of the pump/pipe is $27,170, putting the well back into service when the repairs/replacement is complete on the first well.

Adding the $13,570 to the original servicing cost of $13,600, totals $27,170. Presuming that the second well needs the same work as the first (same age and type of equipment, and same water running through the pipe), the total for servicing and repair of both would exceed $50,000 bidding threshold.So, based on the cost for a second well bringing the “project” cost to above $50,000, I asked the Law Director to weigh in on whether we:

• proceed with the second well with the current "proposal"?
• hold off on the second well, and bid?
• hold off on the second well, and solicit new proposals that would reflect what we now know needs to be repaired and/or replaced?

His answer is to hold off on proceeding with the second well, as the second well would take the “project” cost over the statutory bid limit.

We have cancelled commencement of any work on the second well. I will work with the Law Director to form a plan on where we proceed from here.  I will keep Council informed.

• Storm Sewers. The Street Department has completed the work at 7^th and Jefferson. We will be doing restoration in the next few weeks. 

 

• 7th Street – Repair at Levee Gate. The US Army Corps of Engineers advertised their solicitation for the sill repair work on levee gate.Based on the drawings, it looks like the concrete will extend approximately 2-ft from centerline of the sill beam for a total of four feet. Quotes are due back to the Army Corp of Engineers by September 19^th, so we hope that the Army Corp will award a contract by the end of September. I remain in contact to coordinate as best we can with their repair and our paving of 7^th Street this month.

 

• 7th Street Road Closures/Detour.

Full closure of 7^th Street at the culvert immediately east of the levee gate began on July 8^th. It was scheduled to be completely shut down for approximately two (2) months while the Stark County Engineer completed replacement of their culvert.

 

Additional current and future activity on 7^th is:

 

• US Army Corps of Engineers repairs to the levee gate
• 7th Street Paving and Rehabilitation. The closure for Superior Paving to begin and complete the repairs to 7^th Streetto complete milling and paving WILL be a separate closure.

 

  I remain in contact with all the entities to try to make the scheduling (staging) come together.

 

• Efficiency Smart – Refrigerator Rebate.Efficiency Smart has extended the deadline to receive an increased reward for recycling a fridge or freezer through the end of September. Any customer who schedules a pickup of a fridge or freezer through September 30^th, even if it is picked up after September 30^th.

 

• Efficiency Smart – LED Light Bulbs. There are still 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 www.efficiencysmart.org/brewster-ohio for more information.

• Mosquito Spraying. The mosquito spraying in the Village of Brewster by the Stark County Health Department, originally scheduled for Wednesday September 4, 2019, was completed Monday September 9^th, 2019. That was the final scheduled spraying for 2019.

 

• NatureWorks Grant – Bimeler Exercise Area. The Bimeler Exercise Areahas been completed. The installation of the cement surface occurred August 30^th. The installation of the rubberized surface was completed September 6^th and 7^th. The final installation of the equipment was completed on September 12^th. We are open for business.  
  

I will be compiling our hours (match), along with the other costs, and making a request for reimbursement from ODNR in the near future.  

• Paving Program – 2019. As Council may remember, at the August 5^th Council Meeting I asked Council for direction regarding the 2019 Paving Program. Our 2019 Paving Program bid came in approximately 17% under estimate/budget. That means there is approximately $33,000 that could be used to pave an additional street or streets. Also, at that time, is was discussed that will not be moving forward on East Main Street Project this year, where we had $54,000 set aside.

I recommended that we add the following work, using the following rough estimates:

• Church from Harmon to the north terminus – full depth spot depth repair only. As I discussed with Council previously, this has turned from a mill and pave to a potential rebuild, so waiting to see if it can just mill and pave is prudent. (cost +/- $5000)

 

• Harmon NW from Scioto to 264 Harmon (current change in pavement just east of Tuscarawas) as it is nearly as bad a Scioto, which we are milling and paving. (cost +/- $13,500)

 

• Chestnut. Not the entire length but take advantage of the full depth repair price and strategically select the worst portions to either perform full depth repair and/or spot pave. Obviously, the budget won’t allow all of Chestnut to be addressed, BUT with some strategic repairs, trying to add Chestnut back onto the MRF list and apply for funding, Chestnut could be ready to chip and seal over repaired portions in the future. (cost between $10,000 and $12,000).

 

Street Superintendent Rick Patterson and I have since met with Superior, to get a more accurate estimate for each, based on settling on a consensus as to what needed to be done on each.

• Harmon: the estimated work was higher than the latest estimate from Superior. Superior’s estimate is $10,824 versus the August 5^th estimate of +/- $13,500.

 

• Church: examining closer the amount of area that needs full depth spot depth repair, the latest estimate from Superior at $20,700 is higher than the +/- $5,000 August 5^th estimate. Superior’s estimate is based on grinding out approximately 5 inches pavement and “base” (dirt) and replacing it with base asphalt. Not doing repairs now will result in a much higher cost next year. Tuscarawas cost over $50,000 to rebuild the entire street.

 

• Chestnut: In looking at the worst area, with multiple patches on multiple patches, the consensus was that the base was in good shape, so we could scratch coat with 1 inch of asphalt and then pave with 1 ½ inches of asphalt this rough portion would be addressed. It is approximately 835 feet by 20 feet, and Superior’s estimate is $17,822 +/- versus the August 5^th estimate of between $10,000 and $12,000.

 

The Mayor, Street Superintendent, and discussed the three portions, and agreed that the Village should proceed. I checked, and we had the additional funds beyond the August 5^th estimate in the budget. So, I informed Superior to move forward with these three additions so that our 2019 paving Program and 7^th can be scheduled and proceed timely.

• Brewster Cheese – Replacement of Process Water Line. ODOT has issued a permit to Brewster Cheese for repair/replacement a process water line that runs under Route 93. The water process line runs underground from their cheese manufacturing facility on the west side of Route 93 to their treatment plant on the east of Route 93. The water process line is clay and failing, and potentially could back up process water requiring treatment in their manufacturing facility. Brewster Cheese plans to replace the line under Route 93 with PVC, and concurrently upsize it from 8 inches to 16 inches. They plan to do so by open cut, requiring shut down of Route 93 for a short time.

                                                                 

The planned closure will run from September 24^th to 6:00 am on September 29^th. The posted detour route will be US 62/SR 21/US 30/ SR 241.

 

The plan is coordinate the closing with the 7^th Street closure for the culvert/paving so that either 7^th Street is open for detours OR Route 93 is open.

• Brewster Cheese – Upgrading Electric Feed. In conjunction with Brewster Cheese’s shut-down of Route 93 to replace and upgrade their process water waste line, we have scheduled a shut-down so that the Electric Department can upgrade their service lines ahead of the substation upgrade and the additional load that Brewster Cheese has planned. The work is necessary so that when Brewster Cheese adds load in the future, they don’t melt the existing line.The shut-down will occur at 5:00 pm Tuesday September 24th and last approximately 3-4 hours.

 

• Bimeler Park – Security & Surveillance. Last week, Staley walked Bimeler Park with the Mayor and me to review what we can do to add cameras for additional security.
  

The first area we reviewed was near the concession stand. We are getting a price for additional cameras in that area.

The second was the western most pavilion near the basketball courts, and the new exercise area. We came up with a plan. I forwarded a rough sketch of the area to the east of the basketball courts and pavilion area showing the addition of two (2) new poles (A & B). We have existing poles on the east side of the basketball courts. Power runs from the southernmost pole to a pole south of the walking path, where there is a light.

The plan is to add a pole between the two (2) most southern poles, than another pole to the southeast near the pavilion, so that we can add both lighting and cameras. There would be at least two (2) cameras on the pole by the pavilion – one aimed at the pavilion and the other aimed at the playground and exercise equipment area. There has been vandalism at the pavilion, and a piece of equipment at the playground was damaged recently as well.

We have a clear sight path from the northern most existing pole to send the feeds back to a central location.

Once I get prices from Staley, I will update Council.

• Repair of Subsidence on Field #3.T & E Excavating & Hydroseeding has reviewed the condition of Field #3 and plans to present options and costs to the Village in the near future. As a note, grass is best planted in the Fall.

 

• Electric Department – Decorative Lighting Installation on Wabash. The Electric Department has continued their work installing decorative lighting on Wabash between 4^th Street and 5^th Street, matching the lighting to the north.  They have completed:

 

• installation of the bases, and
• installation of the conduit, and
• pulling wire, and
• setting the poles, and
• installing and wiring lights, and
• removal of wiring.

The remaining work that needs to be done is removal of the poles, reattaching a downspout, and removal of the tree that was displacing sidewalk and clogging the downspout on the west side. We also plan to plant two (2) ginkos (the same we have downtown) in the “gaps” on the west side.

The project came out great. Even better, it was done essentially for material costs, as we already were going to pay the salaries involved.  I plan to have a complete breakdown of the project costs to Council shortly.

• 287 Wabash. I opened a purchase order and directed that 287 Wabash Ave N be secured (boarded up), as the property owner did not comply with the Court Order to secure 287 Wabash N. It is being boarded up with ¼ inch plexiglass, in compliance with a State of Ohio law passed a few years ago that prohibits boarding up properties with plywood.

I will be sending the bill to the property owner, and in the event he does not pay timely I will be asking the Auditor to certify the costs to the tax duplicate (bill).

 

• North Side 7^th Between Park Drive and Amherst. Students are walking along 7^th Street between Park Drive and Amherst, but my observation is that they are walking in the curb and gutter or street (while it has been closed), which obviously is not safe. We did not proceed with installation of sidewalk in this section, primarily because the cost was “prohibitive” ($35,000 plus). However, it is my opinion and recommendation that we find funding to complete the ramps and install a hard surface (concrete, asphalt, or limestone) so that the students walking to school on 7^th Street can do so safely.

 

• Public Records Training. I attended public records training sponsored/taught by the Ohio Attorney General’s Office on September 12^th, 2019.

 

• Safe Routes to Schools. I will be meeting with ODOT regarding our Safe Routes To Schools Grant on September 19^th.

 

• AMP – Annual Meetings. I will be attending the annual meetings scheduled on Wednesday September 25th, 2019 for which Brewster is a part-owner, including Solar Phase II, AFEC, AMP Hydro, JV2, JV5 as well as the MESA Participant Meeting.

 

• CAUV STATUS – The Village has lost the CAUV status on the property that the solar field is on.  May put bee hives on the property to continue the agricultural status.

 

Council Member Hilliard stated that the Village definitely needs the sidewalks on 7^th Street for student safety.  He also stated that when the VA meets with the State concerning paving St. Rt. 93, he should bring up the sidewalk collapse near the underpass.  VA Miller stated the storm sewer section under the sidewalk either needs relined or replaced.  He will contact ODOT for assistance.

 

Council Member Godwin asked if VA Miller was still going to talk to the County about Chestnut Street.  VA Miller is going to look at getting the street to qualify for Municipal Road Funds.

 

Council Member Hess asked what was going to be done with the old Street Deptartment truck.  VA Miller stated the bed was going to be removed and it was possibly going to be used for a brine truck and the old yellow bucket is now being used by the Street Dept. for trimming trees.

VILLAGE MAYOR: Mike Schwab

1. Electric, Sewer, and Water Regulations – In the next several months

• Courtney and Associates in conjunction with the appropriate utility supervisor will be working on the following:

a. Update of the Village Electric Utility Regulations (current regulations adopted in 1995)

b. Update of the Village Water Utility Regulations (current regulations are incomplete and in

     some instances date to 1915, 1941, and 1943)

c. Update of the Village Sewer Utility Regulations (Sewer Utility Regs were last addressed in     2010 when the Village adopted the Stark County Sanitary Sewer Regulations; these may only require a review)

d. Upon completion of each review and update Village Council will be asked to consider and

    adopt the recommendation of the consultant and each department head

 

Fire Pay for 09/01/2019-09/14/2019 = $ 2,911.32.

 

Liability Insurance Review:  I met with Janie Geis and Nancy Brown on Thursday, September 19^th to review some options for this year’s insurance.  One of the items discussed was House Bill 291.  This recently passed bill allows the Village to drop the bonds that we have for our employees and replace them with crime coverage.  We had already added crime and cyber insurance.  We currently have $250,000 in crime coverage and could increase it to $500,000 for an additional $350.  Council would need to create an ordinance to take advantage of HB 291 which I will have reviewed by Attorney Anthony for advice.  Without the additional crime coverage, our insurance bill for 2019-2020 will be $50,725. 

 

Ohio Association of Public Treasurers 2019 Annual Conference:  I will be out of the office October 1^st – 4^th.  I will have limited text and email access.  Please be patient if you have any questions, I will get back to you as soon as possible.

 

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

1. Council of the Whole Meeting tonight – Fire/EMS Planning

2. Council of the Whole Meeting tonight - Proposed AMP Partners Electric Project

3. 09/03 Utility Committee Meeting Minutes - review of Sewer & Water Rates & Fees w/consultants

4. 09/03 Council of the Whole Meeting Minutes - review of a Welty Cemetery Proposal

5. October 23-25 - OML Annual Conference in Columbus

None

         

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to approve the 2019 – 2020 Casualty and Liability Insurance with Wichert Insurance Agency at a rate of $50,725.  The vote: All yes.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to approve the fire pay of $2,911.32 from the Fire Fund.  The vote: All yes.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to schedule a Parks, Grounds, and Buildings Committee meeting on October 21^st at 6:30 pm.  The vote: All yes.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to schedule a Council of the Whole meeting on October 21^st at 6:00 pm to discuss donation guidelines.  The vote: All yes.

 

Council Member Hawk asked Council if they wished him to reach out to Sugarcreek Township concerning Welty Cemetery.  The consensus was to speak with them and report back to Council.

 

VILLAGE SPEAKS: Communications Received by Council members from Village residents

Ray Heitger of the Recreation Board reminded everyone that the concert in the park on the 20^th was starting at 6pm instead of 7pm.

 

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to adjourn the meeting at 8:20 PM. The vote: All yes.

 

Respectfully submitted,

 

____________________________________________________

Kris King, Clerk-Treasurer

 

____________________________________________________

Mike Schwab, Mayor