May 21, 2018 - Meeting Minutes

 

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

 

7:00 P.M. – CALL TO ORDER

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to excuse Dale Fox from this evenings meeting.  The vote: All yes.

 

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

Kris King followed by the Pledge of Allegiance.

 

Mike Schwab, Mayor

Dave Godwin, Council Member                 Chuck Hawk, Council Member                   

Andrew Hess, Council Member                  Tom 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 May 7, 2018 Council meeting minutes. 

 

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

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HAWK and motion carried to accept the bills in the amount of $ 412,850.45.  The vote: Hawk, yes; Hess, yes; Hilliard, abstain; Radich, yes; Godwin, yes.  Motion carried.

 

Jim Schumaker of Tattered and Worn was present to present a check to the Fire Department Fund for equipment.  Tattered and Worn sold flags with the thin red line and 10% of the proceeds were given to the Fire Department.  They plan on making and selling them again this year.  The Mayor, Council and Clerk thanked him for his donation.  Mr. Schumaker also mentioned that Just Ice Cream was working with the Police Department to reward children wearing bicycle helmets with a free ice cream cone certificate.

 

Steven Tharp, Jr., 274 West 2^nd St, asked if the trash haulers were running late.  Clerk King stated the last she spoke with them was a little after 1:00 when they were starting their second run.  She stated that they were picking up metal scrap in one truck then coming back through with another truck for the other items.  That was the last that she had received any concerns from residents.  Before the end of the meeting, Mr. Tharp received a message that the residents that had contacted him had all their trash picked up.

 

Police Chief Creter, Steven Tharp, Jr., and Jim Schumaker of Tatter and Worn were also in attendance.

 

ORDINANCE 19-2018:An Ordinance to Authorize an Agreement w/NextEra & AMP to Accept 13.698 Acres at No Cost to Village (Solar Field site) was given third reading.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to pass the legislation as read.  Solicitor Anthony discussed the provision for revision.  The vote: All yes.

 

ORDINANCE 20-2018: An Ordinance to Authorize an Agreement w/GPD for Engineering, Bidding, & Oversight Services for a Southside Substation Improvement Project was given third reading.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to pass the legislation as read.  Councilman Hilliard stated he would be abstaining as it could pertain to Brewster Cheese.  Councilman Hess asked if the village received a letter of commitment.  VA Miller stated that they didn’t need the letter and that the village would be expanding the substation regardless of a Brewster Cheese expansion.  The vote: Hawk, yes; Hess, yes; Hilliard, abstain; Radich, yes; Godwin, yes.  Motion carried.

 

Second Reading: An Ordinance to Authorize the Adoption of a 6.17 Employee On Duty and Off Duty Conduct Policy and add it to the Employee Handbook.

 

Second Reading: An Ordinance to Authorize the Adoption of a 6.08 Employee Pregnancy and Nursing Breaks Policy and add it to the Employee Handbook.

 

ORDINANCE 21-2018:An Ordinance to Authorize an Application for an ODNR Natureworks Grant for a Bimeler Park Equipment Project was given second reading.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HAWK 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 RADICH and motion carried to pass the legislation as presented.  Councilman Hilliard asked if this was for the exercise equipment.  VA Miller stated it was for the exercise equipment and reviewed the cost.  He stated the village’s match would be at the most $15,000.  Mayor Schwab stated a good part of that would be in-kind wages for the employees doing the work.  The submittal deadline is June 1^st, 2018.  The vote: All yes. 

 

First Reading: Authorize the Purchase of a 2019 International Model 7400 SFA 4X2 Truck.

 

First Reading: Authorize a Contract with American Road Machinery for the Addition of Equipment to the 2019 International Model 7400 SFA 4X2 Truck.  Councilman Hilliard requested that the VA get a quote from a reputable contractor to repair the old vehicle.

 

Intro by Mayor - First Reading: Authorize a Lease Agreement for Solar Site w/DG AMP Solar LLC.  Councilman Hilliard asked what this would cost the village.  VA Miller explained that the only cost would be 7 poles and the wire.  NextEra would be building the road.

 

Intro by Mayor - First Reading: Authorize an Electric Interconnection Agreement with NextEra for Solar Field.

 

Intro by Mayor - First Reading: Authorize the Advertisement of Bids for the North Water Tower

Safety Improvements and Rehabilitation Project.

 

ORCINANCE 22-2018: Authorize Participation in the 2019 ODOT Road Salt Winter Contract was given first reading.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD 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 HILLIARD and motion carried to pass the legislation as presented.  Councilman Hilliard stated we pass this every year under emergency and that we have half a storage building filled with salt.  Mayor Schwab stated the state doesn’t give the village enough notice to go through all three readings but this has saved the village money in the past few years.  The vote: All yes.

 

Fire Department: Chief Chris Colucy

Lucas CPR Machine has been purchased by the Association, delivered, and is now in service.

 

Both Tuscarawas and Sugarcreek Township levies passed on the May ballot.  This will enable the Fire and Ambulance contracts to be similar to what they have been.

 

Council’s 05/07/18 hard billing query: Ohio Billing advises that in 2017 $34,451.75 billable residents were written off; to date in 2018 = $ 22,146.07; a portion of this amount realistically could be collected.

 

Festival Security: Chief Creter supplied council with a printout of how the entrances would be blocked and signs that would be posted.  Councilman Hilliard asked if the restaurant would happen to open before the festival if they would be able to park.  Chief Creter assured that cars could get to the parking lot in the back.

Duty weapons are in.  The Chief discussed the two-year agreement for returning the equipment.

 

Monthly Activity Update: They are switching back to the old system and council will receive April’s report along with May’s after the first of the month.

 

Contacting PD in a timely manner with citizens’ complaints: The Chief is requesting that council refer residents to the officer on duty instead of calling his number in order to get a quicker response when he is off duty.  He is requesting that residents call 330-830-4272 immediately when there is a problem.  He stated that time is of the essence in most cases.

 

Councilman Hilliard asked if the parks are being patrolled on foot.  The Chief stated especially on midnights and afternoons.  Councilman Hilliard would like to see additional camera coverage and the VA stated they are going to find a way to get the whole park covered.

 

Councilwoman Radich asked the Chief if the Tip Line was getting many calls.  She suggested setting up a booth at the festival.  Chief Creter stated there was going to be a booth Friday and Saturday evenings.  Sergeant Rossiter would be there concerning proper car seat usage.

 

Mayor Schwab thanked Solicitor Anthony for all the extra work and time he has been spending working with AMP and NextEra on finalizing several Solar Field project agreements for submittal to council.

 

Solicitor Anthony reported on the Small Cell Wireless Facility Right-of-Way (ROW) legislation (HB-331).  The legislation passed on December 7^th, 2016 even though opposed by AMP and OML.  The village passed an ordinance concerning ROW in May of 2017.  The legislation on ROW was immediately challenged in Franklin County Court.  It was ruled unconstitutional by the single subject rule on June 2, 2017.  HB-478 was introduced and passed which contained some fixes.  AMP’s General Counsel has sent a proposed ordinance for the village.  The new law becomes effective on 07-31-18 and the village needs to either make amendments to our current ordinance or repeal and replace it.  

 

Solicitor Anthony has reviewed the lease and purchase agreements for the Solar Field property.

 

Councilman Hilliard asked if he could speak concerning an ethics violation he was turned in for.  Someone anonymously turned him into the Ohio Ethics Commission for voting on issues concerning Brewster Cheese.  He went through a very unpleasant process, learned a lot, and came out a better person.  Councilman Hilliard urged council members to call a point of order if they see another councilperson that they think may be close to violating an ethic rule.  He stated that everyone is in this together and need to protect each other.  Everyone needs to speak up more.  He stated it was not a very nice experience but he learned a lot of things he didn’t know.  Councilman Godwin wanted to know why council wasn’t bonded.  Clerk King stated council is bonded and explained the bonding is to protect the village and not the councilperson.  She also stated if you are ever unsure whether you are allowed to participate or vote on a discussion, call the Ethics Commission before you do or say anything.  They can give you cases to help you decide whether you are in violation of a conflict of interest.  Councilman Hilliard recommended that everyone take the Ethics course the Mayor has been suggesting to help them understand the law.  

 

Zachary Grass Memorial Golf Outing is July 21st at Oak Shadows Golf Club; Money earned helps

support the Zachary Grass Memorial Scholarship Program.

 

AMP Publication – 2018 Annual Services Guide.

 

Councilwoman Radich commended the American Legion on replacing the flags.  She stated she has heard a lot of compliments that they are probably unaware of.

 

VILLAGE ADMINISTRATOR: Mike Miller

Administrator’s report for period 5/8/2018 thru 5/21/2018:

 

• Water - Line Replacement. Village personnel have completed replacing approximately 670 feet of 8-inch water line on Chestnut from Wabash west to the North Water Tower, as well as the line on Tuscarawas from Chestnut to Harmon. To assure safety of our employees, final work to connect the lines should be completed Sunday May 20, 2018, which avoids high traffic in the intersection of Chestnut and Wabash. All the lines should go into service within the next week or so.
• OPWC Funding – North Water Tower Safety Improvements and Rehabilitation Project. As Council is aware, the Village received confirmation that it received a $104,630 OPWC grant for the North Water Tower Safety Improvements and Rehabilitation Project (CS02V). The $104,630 represents 49% of the total $213,543 estimated cost. As a reminder, the North Water Tower Safety Improvements and Rehabilitation Project specifically addresses safety improvements mandated by OSHA for ongoing access for maintenance as well as rehabilitation of the structure.

 

We must wait to commence bidding and award of a contract until the OPWC has forwarded us an agreement and it is fully executed, which should occur sometime at or after July 1, 2018.

 

While the bid specifications are complete, our Village Solicitor is reviewing them again to assure that all legal requirements are met. We are also adding alternative(s) to the bid, allowing for start and completion in 2018, as well as start and completion in early 2019. We are doing so because many painting contractors may have a full schedule already for 2018, and by adding the alternative that should get the Village the lowest cost.

 

 

Also, unless there is an objection from Council, I am going to enter into a construction oversight contract with Dixon Engineering in the amount of $16,142.50, which was included in our budget for the OPWC grant.

• Solar Project. The Brewster Solar Project continues to move forward. The closing on the purchase should occur in June, provided that the Lease and Interconnection Agreements are approved shortly.

 

The Lease Agreement between NextEra and the Village has been finalized, after input from Law Director John Anthony.

The Interconnection Agreement between NextEra and the Village has been reviewed by GPD and approved, and it has also been approved as to form by Law Director John Anthony.

Construction is scheduled to start early this fall. The solar array is scheduled to begin producing commercially in January of 2019. To stay on that schedule, Council will need to grant approval to enter into both of those agreements.

• ODOT – Repaving Route 62. As I informed Council of previously, Route 62 from Navarre to Route 93 is scheduled to be repaved (bridge repair, grinding, and paving) this year. ODOT contacted me and indicated that grinding work is slated to begin May 29^th, 2018.

• Paving - 7th Street. We were notified May 10^th by the Ohio Public Works Commission that our Small Government application was approved for funding. Our applications will be advanced to processing for the project agreement, scheduled to be released on or about July 1, 2018. The agreement will be issued upon satisfaction of both all matching funding sources and a construction schedule with a start date by June 2019. 

 

Originally, we set aside money and were going to have the project completed this summer, but there are some factors which make it prudent to wait and begin construction in 2019:

 

• The County culvert project is slated to be constructed this summer – potentially in conflict with our 7^th Street Project
• We still haven’t heard from the Army Corps of Engineers about what they plan to do with the levee gate, which needs the “roadway” portion repaired
• We now know that the solar facility is a go, and while it may not conflict with the 7^th Street Project on the calendar, it seems that having delivery trucks for the solar equipment drive over a newly paved 7^th Street is not in our best interests.
• It is anticipated that there will be construction/traffic at vacated Harriman and 7^th in 2018 as well.
• Just this week Columbia Gas had 7^th Street East OUPSed, so gas line replacement is slated to be occurring
• From a budget standpoint, the list we have put together for general paving would be severely limited by spending our $116,025 on the project out of this year’s funds.

What I recommend is to bid the 7^th Street Project out for a Spring 2019 start of construction, coordinating it with the end of school year for Fairless Schools.

 

Finally as to 7^th Street, I have requested a cost from Engineering Associates to prepare formal bid specifications that will comply with OPWC requirements. (Note: Engineering Associates assisted in our OPWC application, including providing the engineer’s estimate). The cost quoted to prepare formal bid specifications was $2,000, so unless there is an objection I will be entering into contract at that amount.

As a reminder, the 7th Street Improvement and Paving Project runs 3852 lineal feet from Navarre Road (east terminus) to the west corporate limits of the Village. The designed project has some elements of mill and fill, it is designed to increase by 2 1/2 inches the existing profile to better support increased traffic/weight. The increased depth of asphalt (profile) is so that 7^th Street can better support increased truck traffic and heavier loads. Also included is a 1’ wide limestone berm (expansion of width), per ODOT recommendations when new pavement height is greater than 2”.

 

 

• Paving. I have sent out a request for quotes/proposals to four (4) local paving companies that are listed on the Ohio Department of Transportation 101G-19 contract:

• Canton Asphalt – Massillon Asphalt – Superior Paving
• Central Allied
• Northstar
• Shelly

 

I requested proposals for the following Village Streets:

Street	From	To	Length	Width	Square yards	Notes
Willow	1st Street	terminus	467	11	571	pave 1 ½ inch
Park Drive	Main Street	7th Street	1647	20	3,660	1 inch leveling coat
West Main	Wabash	McKinley	530 X 2	20	2,356	grind & pave 1 ½ inch
Tuscarawas	Chestnut	Harmon	360	30	1,020	Full rebuild Grind/remove 8 - 10 inches 2 lifts of 3-inch base 1 lift 2-inch top coat
Needham	Wabash	McKinley	574	18	1,148	grind (taper from 1 ½ to 0) & pave 1 ½ inch
Jackson	Harmon	Barber	270	23	690	grind & pave 1 ½ inch
Jackson	Huron	South terminus	185	23	473	grind & pave 1 ½ inch
Oak	Wabash	Tuscarawas	350	28	1,089	grind (taper from 1 ½ to 0) & pave 1 ½ inch

 

Additionally, I sought proposals for installation of curb & gutter, to be coordinated with paving, for the following:

Street	From	To	Lineal Feet	Notes
West Main	Wabash	McKinley	330	North side of west bound lane, from the west side of the eastern driveway of 139 Main Street W to the curb return at McKinley
Tuscarawas	Chestnut	Harmon	288 X 2	Both sides of street, starting at existing curb and gutter
Chestnut			128	From west side of driveway of 209 Chestnut, west 128 feet

 

We are seeking prices based on the applicable unit costs in the ODOT Contract 101G-19 (Asphalt Concrete, Bituminous Mixes, Equipment Rental, and Material Hauling) and ODOT Contract 136-18 (Milling & Micro-Milling).

I requested prices for each listed street, so that the Village can eliminate streets based upon the proposal(s) submitted and its availability of funds.

Once I have received the quotes, I will submit a recommendation to Council, requesting approval to enter into contract.

• Trees. I have solicited quotes for the removal of trees (and stumps ground) for Spring of 2018. Contracts have been tentatively been awarded to three (3) companies, and work should begin shortly.

One area where a contract has not yet been awarded is Scioto. A number of trees have been identified on the fence line that could pose a potential danger to Village facilities (street lights) or to persons using the strip between the fence line and the street. The trees currently have four markings: white dots = resident Fall of 2017; orange survey tape = resident Spring of 2018; red dots = a tree company; green “Ds” = a tree company. I plan to revisit the area with the low bidder to determine what work will be done.

 

As I indicated previously, a number of the trees on the list will require sidewalk repair once they are removed, as the trees lifted and/or broke adjacent sections of sidewalk.

 

• Electric – Rate Study. We have begun gathering data for Courtney & Associates for the Electric Rate Study.

 

• Jefferson Ave SE Sanitary Sewer Main Replacement Project. Engineering is currently on hold, while we are having work done on the required easements for this project, which must be done in a specific manner because we potentially could be using federal funds to construct this project.

 

• Property Maintenance. I have begun sending letters out for high grass and weeds. If any Councilpersons notice a location that they feel is in violation, please let me know.

• Water Department. The initial meeting to complete an Asset Management Plan, required to be completed by October 1^st, 2018, was held last week with a representative from W. E. Quicksall & Associates. The Village has entered into an agreement with W. E. Quicksall & Associates to complete the asset management Plan for the Village of Brewster.

 

• Solid Waste – PowerPoint. The solid waste PowerPoint has been completed for the committee meeting scheduled for June 18, 2018.

• Community Planning Grant. The Community Transportation Planning Grant has been signed and work has begun on the Safe Routes to School Brewster Downtown to Fairless Schools Connector to develop a School Travel Plan to qualify for ODOT funding. The initial meeting with committee members has been held.

• Street Department. Last Council meeting I informed Council that the Street Department would like to replace the 2001 International model 4700 single axle. The lowest price pursuant to the ODOT Cooperative Purchasing contract 023-18 is a 2019 International model 7400 SFA 4X2 at $74,893. That price is good until June 30, 2018.

 

I also inform Council that we would need to have hydraulics added, as well as a snow plow hitch and pintle for towing, at a cost of $26,500.

 

I would like to update Council on the current condition of the 2001 International model 4700 single axle we would like to replace. Currently or in the near future it needs:

 

• Starter                                          approximately $400
• Batteries                                      approximately $300
• Power Steering                         ???
• Front Axle                                   approximately $4,000
• Hydraulics                                   approximately $25,000

Certainly, if the hydraulics didn’t need replaced, we could probably stretch out replacement a few more years. But it doesn’t make sense to put new hydraulics on a 17-year-old chassis that will need replaced in any event in the next few years, and have to duplicate most of the hydraulic expense.

• Parks – NatureWorks Grant Application. As I informed Council at the last meeting, the Mayor and I have discussed applying for a NatureWorks grant. The deadline for submission is June 1^st, 2018.  (This is based on Councilman Godwin’s suggestion of exercise equipment in the park at a previous Parks and Grounds Committee meeting.)

 

 

We will have a final estimate on cost before Monday night’s meeting, but we are looking at a total in the area of approximately $50,000, plus installation which could be done with Village employees and count towards our match of 25%.

 

• Smoke Testing – There will be smoke testing of the wastewater collection lines.  Notices will be sent out to the residents.

 

• There is a resident looking at putting a manufactured/mobile home at the corner of Needham and Wabash.  VA Miller is making sure everything is in place and discussed making stricter guidelines in zoning.

 

Councilman Hilliard made sure a letter was sent out to 890 McKinley for weeds/high grass.

 

Councilman Hilliard discussed the tree removal on Elm Street.  VA Miller stated the power poles would be placed on the north side of the street.

 

Councilman Hilliard questioned where the walking path to the school would be located.  There is a committee that will determine the best location.  Mayor Schwab stated that he will make sure council sees the plans.

 

VILLAGE MAYOR: Mike Schwab
Mayor Schwab provided suggested 2018 Fire and EMS Budgets on 01/16/18.  A FD/EMS equipment priority list was submitted to council on 05/07/18.  Both were provided again at this meeting.  The Mayor is suggesting that council meet to discuss future funding of Fire and EMS operations.

 

Mayor Schwab provided the 2018 Project List to council.  There was additional discussion on the zoning section.  Expansion plans were discussed along with buffering/screening requirements that need to be added.

 

VILLAGE CLERK-TREASURER: Kris King

We received $2,500 for the Annual Recycling Host Grant and $2,500 for the Annual Compost Host Grant from Stark-Tusc-Wayne Joint Waste Management District.

 

The winning bidder picked up the 1977 Ford Van on Monday, May 14, 2018.  It has been removed from the village’s insurance.

 

I have a web demo with Kronos Time Systems on May 24^th.

 

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

Council was provided salary comparables for the council, mayor, and clerk.

_______________________________________________________________________________

EXPEDITURE REQUESTS from past meetings:

Donation Request – Fairless Youth Baseball & Softball Association donation request of $1,000.

 

From resident: 7^th Street speed limit modified to 25 mph (Council has been provided the info)

 

From Councilman Godwin: Restrict use of tobacco and vaping on village grounds and parks.

 

From Mayor: Adjustment of Village Clerk’s salary be considered to begin with 2020-2024 term.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to create legislation concerning Small Cell Wireless Facility Right-of-Way (ROW) legislation as suggested by the Village Solicitor.  The vote: All yes.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to authorize getting bids for the OPWC North Water Tower Safety Improvements and Rehabilitation Project.  The vote: All yes.

 

Councilman Godwin asked Chief Creter if he was in favor of the reduction in the speed limit on 7^th Street to 25 mph.  Since the Chief was in favor of it, Councilman Godwin asked that the VA look for a contractor to do a traffic study of the area.

 

Councilman Godwin asked the VA to look further into prohibiting smoking and vaping in the park.  Mayor Schwab stated it would take legislation.

 

Councilman Godwin would like the village to sponsor a hole at the Zach Grass Golf Outing.  Councilman Hilliard suggested council wait one meeting as required by Council Rules.  Chief Creter plans to ask council to allow the Police Department to also sponsor a hole.  The cost is $75.00 per hole.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HAWK and motion carried to donate $1,000 to the Fairless Youth Baseball/Softball Association towards umpire costs.  The vote: All yes.

 

Councilman Hilliard asked if the advertisement in the paper for the Street Department employee was the job description.  VA Miller said it was not the entire job description and just some of the preferred qualities. 

 

VILLAGE SPEAKS: Communications Received by Council members from Village residents

Councilman Godwin has had requests to move the garage sales to June or July.  He and the clerk were thinking about the week after the festival.  Councilwoman Radich stated that was the St. Clements festival.  Godwin and the Clerk will look into other dates.

 

Clerk King stated she received a complaint from a resident that scrappers were out in front of his home from 11:00 pm until 4:00 am going through the trash.  They woke his baby several times and left broken glass all over the sidewalk.

 

Steven Tharp, Jr. stated he appreciated council’s consideration to see plans for expansions as he had made a motion last year to do that and it was voted down 2 to 4.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to adjourn the meeting at 8:48 PM. The vote: All yes.

 

 

Respectfully submitted,

 

Kris King, Clerk-Treasurer