MINUTES
JUNE 4, 2018
7:00 P.M.
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.
MEMBERS PRESENT:
Mike Schwab, Mayor
Dale Fox, Council Member Dave Godwin, Council Member
Chuck Hawk, Council Member Andrew Hess, Council Member
Tom Hilliard, Council Member Sydney Radich, Council Member
VILLAGE OFFICIALS:
John Anthony, Solicitor Kris King, Clerk-Treasurer
MINUTES FROM THE MAY 21, 2018 REGULAR COUNCIL MEETING:
Mayor Mike Schwab asked if there were any additions or deletions to the May 21, 2018 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
PRESENTATION OF BILLS:
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to accept the bills in the amount of $ 214,740.45. The vote: All yes.
AUDIENCE:
Ray Heitger, Fire Chief Chris Colucy, and Firefighter Roger Carpenter, Jr. were in attendance. No one wished to speak at this time.
CONSIDERATION OF ORDINANCES: Titles of each read by Solicitor John Anthony
ORDINANCE 23-2018: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 was given third reading.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to pass the ordinance as presented. Councilman Hilliard asked Mayor Schwab to explain what this ordinance accomplishes and if it means the VA when it lists Officials. The vote: All yes.
ORDINANCE 24-2018:An Ordinance to Authorize the Adoption of a 6.08 Employee Pregnancy and Nursing Breaks Policy and add it to the Employee Handbook was given third reading.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to pass the ordinance as presented. The vote: All yes.
Second Reading: Authorize the Purchase of a 2019 International Model 7400 SFA 4X2 Truck. Councilman Hilliard wants to see the actual estimate on the hydraulics, not just a total from the Village Administrator.
Second Reading: Authorize a Contract with American Road Machinery for the Addition of Equipment to the 2019 International Model 7400 SFA 4X2 Truck.
ORDINANCE 25-2018: Authorize a Lease Agreement for Solar Site w/DG AMP Solar LLC was given second reading.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX 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 FOX and motion carried to pass the legislation as presented. Councilman Hilliard asked the Mayor to explain how the lease worked. Mayor Schwab explained that AMP is buying the property and giving it to the village then leasing the property from the village to build the solar field. The benefit to DG AMP Solar LLC is the energy tax credits. The solar field will provide behind the meter power that enables the village to peak shave during high power usage. The vote: All yes.
ORDINANCE 26-2018: An Ordinance to Authorize an Electric Interconnection Agreement with NextEra for Solar Field was given second reading.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX 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 FOX and motion carried to pass the legislation as presented. Councilman Hilliard asked the Mayor to explain what this ordinance does. Mayor Schwab explained it allows NextEra an interconnection to the village’s electric grid. The vote: All yes.
First Reading: An Ordinance Authorizing the Repeal & Replacement of Chapter 97 of Village Codified Ordinances.
First Reading: An Ordinance Authorizing the Modification of Village Codified Ordinance’s Chapter 97- Small Cell Wireless Facility Right of Way Use (First Draft of Exhibit A is available for review).
First Reading: An Ordinance Awarding a Contract for a 2018 Village Paving & Street Improvement Project.
First Reading: Award a Contract for the Curb & Gutter portion of the 2018 Village Paving & Street
Improvement Project (Council may be asked to consider #9 and # 10 under Emergency on June 18th).
MUNICIPAL DEPARTMENTS:
Fire Department: Chief Chris Colucy
Firemen’s Festival was a success; VA & Mayor will be sitting down with Chief Colucy & Chief Creter to review the 2018 Festival in preparation for 2019.
Firefighters Tyler Carpenter and Trevor Heaton have passed their EMT Courses. Councilman Hilliard said thank you and congratulations to both young men.
There have been 337 calls to date. The calls don’t seem to be slowing down.
Chief Colucy presented a flyer from Wayne County Regional Training Center for council to attend a “Feel the Heat” event. The attendees will put on the gear and use the equipment required in an actual emergency. The event is directed towards public officials and others to experience fire conditions.
FDRU presented the Fire Department with a plague for 100 years of service.
Chief Colucy would like the additional money received from Sugarcreek Township placed in the Fire Equipment Fund.
The new Ambulance has been on calls for about a week since it has been in service. Everything is going well except the rear wheels may need balanced.
Police Department: Chief Keith Creter(absent)
Chief commented that cooperation & communication between FD & PD during Festival were excellent.
Councilman Godwin expressed his concerns that 25MPH is too fast on the village streets and would like to see the limit reduced. He plans to meet with the VA to go over the procedure to get it reduced.
Councilman Hilliard is concerned that the study to reduce the speed on East 7th Street may actually result in an increase by the State. It may also jeopardize the village’s opportunity for the Safe Routes to School Project. Mayor Schwab mentioned from Baymere Street to the corporation limit in order to slow traffic on the incoming lane from Route 62.
VILLAGE SOLICITOR: John Anthony
The Small Cell Wireless Facility legislation adopted in 2017 has been rewritten by the State. Solicitor Anthony was able to use the model/template provided by the OML to start the legislation from scratch instead of trying to go through our current legislation. The ordinance is 60 pages in length. It is an elaborate set of rules. The intent of the legislation is to make it uniform and easy for the communication companies.
The Solar Project is close to going forward with the completion of the legal paperwork.
COMMUNICATIONS:
From Sugarcreek Township Trustees/Fiscal Officer: A check in the amount of $ 8385.00 as an extra distribution of tax dollars received in 2017 from the Township Fire & Ambulance Contract w/Brewster.
Stark-Tuscarawas-Wayne Joint Solid Waste Management District is requesting comment on their draft of a Solid Waste Management Plan Update; the Plan can be accessed at
www.timetorecycle.org/.
VILLAGE ADMINISTRATOR: Mike Miller (on vacation)
Administrator’s report for period 5/22/2018 thru 6/4/2018:
- Wastewater – Collection System. In order to identify and prioritize areas in our collection system that need attention, we are planning to undertake a testing/training and smoke test our sanitary sewer system. We will use proper and safe use of smoke testing equipment, establish a testing layout, and document any potential violations and incidents.
Steps we will be taking in the next few weeks are:
- Send out smoke testing notice to our residents prior to test date.
- Study collection system maps before the test date and develop a plan of how to perform the test (where to start, followed by a logical progression until the entire system has been tested).
- Section off the Village in a logical manner of progression.
- Select manholes to place smoker in, keeping in mind traffic flow patterns.
- Pre-inspect manhole lids for accessibility (Open them before the test).
- Notify school maintenance personnel to fill dry drain traps since schools are not in session.
- Pay special attention to Brewster Parke with special health concerns and make any necessary arrangements.
- Notify the local and county law enforcement and emergency response personnel prior to, and the day of, the smoke test.
- Paving. I sent out a request for quotes/proposals to four (4) local paving companies that were/are listed on the Ohio Department of Transportation 101G-19 contract:
- Canton Asphalt – Massillon Asphalt – Superior Paving
- Central Allied
- Northstar
- Shelly
I requested quotes/proposals for milling and paving the following Village Streets:
Street
|
From
|
To
|
Notes
|
Willow
|
1st Street
|
terminus
|
pave 1 ½ inch
|
Park Drive
|
Main Street
|
7th Street
|
1 inch leveling coat
|
West Main
|
Wabash
|
McKinley
|
grind & pave 1 ½ inch
|
Tuscarawas
|
Chestnut
|
Harmon
|
Full rebuild
Grind/remove 8 - 10 inches
2 lifts of 3 inch base
1 lift 2 inch top coat
|
Needham
|
Wabash
|
McKinley
|
grind (taper from 1 ½ to 0) & pave 1 ½ inch
|
Jackson
|
Harmon
|
Barber
|
grind & pave 1 ½ inch
|
Jackson
|
Huron
|
South terminus
|
grind & pave 1 ½ inch
|
Oak
|
Wabash
|
Tuscarawas
|
grind (taper from 1 ½ to 0) & pave 1 ½ inch
|
Additionally, I sought quotes/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
|
The vendors were told:
- The Village would like to receive all proposals (bids) by 3:30 pm Thursday May 31st, 2018 so that an award can potentially be made by Council at its June 4th, 2018.
- The Village would like a proposal for installation of curb & gutter, to be coordinated with paving, for the following.
- the Village reserves the right to waive any proposal (bid) irregularities and reject any and all proposals (bids).
- Because we are using the ODOT Contract 101G-19 for Asphalt Concrete, Bituminous Mixes, Equipment Rental, and Material Hauling and the ODOT Contract 136-18 for Milling & Micro-Milling, we are NOT requiring a bid bond. After award, there may be some forms that are required to be submitted, but we are relying on the fact that ODOT has essentially “prequalified” you to meet “normal” bidding requirements.
- The area behind new curb and gutter should be backfilled, but Village personnel will top it off with topsoil and plant grass.
- While Brewster may have to reduce streets/quantities based on available funds, it does NOT intend to split bids. One (1) vendor will get the entire “paving project”, based on what streets Brewster determines to pave.
- In order to be able to compare quotes received to ODOT 101G-19 prices/quantities, we ask that your quote be based on (broken down by) ODOT 101G-19 prices/quantities.
- Since curb and gutter is NOT part of ODOT 101G-19 prices/quantities, please bid it separately.
The Bids tabulation is as follows:
|
Central
|
Northstar
|
Shelley
|
Superior
|
Willow
|
$4,219.30
|
$15,241.00
|
No bid
|
No individual bid
|
Park Drive
|
$16,468.05
|
$23,776.00
|
No bid
|
No individual bid
|
West Main
|
$23,941.43
$13,695.00
|
$28,195.00
|
No bid
|
No individual bid
|
Tuscarawas
|
$45,729.60
$20,160.00
|
$54,764.00
|
No bid
|
No individual bid
|
Needham
|
$12,052.28
|
$19,698.00
|
No bid
|
No individual bid
|
Jackson
(Harmon to Barber)
|
$7,312.00
|
$20,547.00
|
No bid
|
No individual bid
|
Jackson
(Huron to south term)
|
$5,324.24
|
$15,627.00
|
No bid
|
No individual bid
|
Oak
|
$11,346.22
|
$19,614.00
|
No bid
|
No individual bid
|
Chestnut (curbing only)
|
$6,976.00
|
|
No bid
|
No individual bid
|
Total Adding Individual Streets
|
$126,393.12
$40,831.00
$167,224.12
|
$197,462.00
|
No bid
|
No individual bid
|
Total with All
|
$126,393.12
$40,831.00
$167,224.12
|
$126,903.00
|
No bid
|
$114,047.00
$181,774.00
|
Proposals were sought for the paving and the curb and gutter as a single interconnected project so that necessary excavation and other elements would be coordinated and elements would not be unnecessarily repeated. Based on the bids received, my recommendation is to:
- Award a contract to Central Allied Enterprises, Inc. in the estimated amount of $126,393.12 for milling and paving Village Streets pursuant to ODOT Cooperative Purchasing Program contract 101G-19 (final amount to be determined based on actual quantities).
- Award a contract to Central Allied Enterprises, Inc. in the estimated amount of $40,831.00 for installation of curb & gutter (final amount to be determined based on actual quantities).
The total estimated amount for both contracts to Central Allied Enterprises, Inc. based on the estimated quantities for the two (2) contracts would be $167,224.12. The next lowest combination of paving and the curb and gutter was Superior at $181,774.00, however, since paving and the curb and gutter need to be awarded separately, we could not award curb and gutter because the proposal/quote exceeds $50,000.
This would get all the streets paved and gutters and curb installed on the original request. The Clerk-Treasurer can confirm that there is enough money in the budget to pay for the work. We also have our match still set aside for 7th Street.
So, I would request that Council authorize the Village Administrator to request permission from ODOT to utilize the ODOT Contract 101G-19 for Asphalt Concrete, Bituminous Mixes, Equipment Rental, and Material Hauling pursuant to ODOT’s cooperative Purchasing Program to enter into contract with Central Allied Enterprises, Inc., and once permission is granted to enter into contract with Central Allied Enterprises, Inc. for the paving of village streets as proposed/quoted in an estimated amount of $126,393.12.
I would also request that Council authorize the Village Administrator toenter into contract with Central Allied Enterprises, Inc. as proposed/quoted in an estimated amount of $40,831.00 for installation of curb and gutter.
I would ask that authorization occur as soon as Council is comfortable and able, but do so no later than June 18th so the work can get scheduled.
One final note is that the curb and gutter on Chestnut was requested by a property owner, who has agreed to pay for that work. If approved, I will need to reduce an agreement to writing and bring it back to Council for approval before the work is commenced.
Councilman Fox asked why the paving on Needham stopped at McKinley and didn’t continue to the end. Councilman Hilliard asked Solicitor Anthony if it would be a conflict of interest for him to speak on it since it is near his home. Solicitor Anthony stated he didn’t see a problem. Councilman Hilliard stated if the pavers are there they should just finish the whole street. It would cost more to bring them back.
- Paving - 7th Street. While we were notified May 10th by the Ohio Public Works Commission that our Small Government application was approved for funding, we are still awaiting for our application to be advanced to processing for the project agreement. Again, it is scheduled to be released on or about July 1, 2018. This project may be held until 2019 because the county will be replacing the culvert and we are waiting for an answer from the Army Corp of Engineers concerning the levy and possibility of putting concrete around where the gates are placed to prevent premature deterioration where the surfaces meet.
- Crosswalks & Stop Bars. The Village received two (2) quotes to repaint all its crosswalks and stop bars on Wabash (Route 93) from 6th Street South to 1st Street South, as well as to repaint the no-parking stripes on 1st Street SW across from the Police Department. We awarded a contract to the low quote, which was slightly less than what was paid to do the work last year. I will inform the public and Council of the date for repainting.
- 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 still 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. The first two (2) properties have been cut. If any Councilpersons notice a location that they feel is in violation, please let me know. Mayor Schwab explained that the village hires Winfield to complete the work and then sends the owner a bill in the fall. If the bill is not paid, it is sent to the county to be put on the owner’s taxes. Councilman Godwin asked to be emailed the addresses that are in the process of getting attended to. Clerk King received a complaint on the corner of Bimeler and McKinley. The corner was to be cleared for visibility today.
- Water Department - Asset Management Plan. Work continues on the Village’s Asset Management Plan for the Water Department, which is required to be completed by October 1st, 2018.
- Community Planning Grant. Work continues on the Safe Routes to School Brewster Downtown to Fairless Schools Connector to develop a School Travel Plan to qualify for ODOT funding.
- Street Department. Last meeting, I was requested to get an outside estimate for how much it would cost to repair our 2001 International Model 4700 4X2. I have requested that Council authorize the replacement of our 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.
There are two (2) components to the repair cost. First, there is the chassis. We had an ODOT inspection and got an estimate for the parts and labor to continue the vehicle in service. I have forwarded that estimate, which shows:
Chassis Repair
|
|
Parts
|
$6,157.74
|
Labor
|
$3,452.40
|
Total
|
$9,610.14
|
In addition, we received a written quote for repair of the hydraulics. The written proposal from ARM, quotes a repair cost of $21,000, which I have provided Council.
- Parks – NatureWorks Grant Application. The Village’s application for a NatureWorks grant was submitted May 29th, ahead of the deadline for submission of June 1st, 2018. The total project cost came to $49,306, with the 25% Village match being a combination of $6850 in kind (labor to install) and $5,477 towards equipment.
- Solar Project. The Brewster Solar Project continues to move forward. The closing on the purchase is still scheduled to occur in June.
Councilman Godwin brought up the trash can in front of Just Ice Cream. He asked if it could be emptied more often. Mayor Schwab stated that because the village is not in the position to provide sanitation services to all the businesses, the business owner will have to empty it in between the normal village pickups. The Mayor purchased 33-gallon trash liners to help. The Mayor wants to see if there are any trash containers that are not being used much in the park that could be moved in front of the store next door. Councilman Godwin was also concerned about the owner jumping on the trash to make more room in the container. Councilman Hawk agreed with trying to get a second trash container. Mayor Schwab suggested making the 200 block of South Wabash a 30-minute parking zone during the festival. A wrought iron fence to help protect the children from going out into the street was also discussed.
Councilman Hilliard asked for the total cost for the 2019 International Truck and additional equipment. Mayor Schwab provided the figures.
Councilman Godwin reported on tree on the northeast corner of Washington and McKinley that may need removed due to cracking and a hole in the trunk.
VILLAGE MAYOR: Mike Schwab
Submit to Council: Legislation proposing language & regulation modifications to the Zoning Code:
- require the submittal of a development plan for multifamily, business, and industrial districts
- zoning applications & rezoning requests;
- create landscaping, buffering & screening regulations;
- modify the current procedure to set a fee schedule;
- establish a special use (or agricultural) zoning district; barns and solar fields, in case of annexation of village property;
- create a manufactured home zoning district; there was a discussion on the difference between a doublewide and a modular home;
- (6) update and add to the Code’s “Definitions Section”;
- Request that Council refer the six proposed Zoning Amendments to the Planning Commission;
Councilman Hawk stated it is better to have zoning areas than to try to forbid certain buildings.
Commercial Yard Waste will no longer be accepted at Village Yard Waste facility; signs posted.
Village Utility Clerk Debbie Cline will retire officially on June 30th; please stop in and congratulate her.
VILLAGE CLERK-TREASURER: Kris King
May 2018 Financial & Year to Date Report.
Request the creation of 2018 Supplemental Appropriation legislation.
Fire/EMS Funds 2017/2018 Comparisons.
Taking applications for Part Time Payroll/Fiscal Clerk until June 29; plans are to consolidate VH offices. Councilman Hilliard asked if it was advertised. The Clerk stated it is advertised in the Far Corner for two weeks.
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
Reminder a Utility Committee Meeting is scheduled for June 18th at 6 pm.
Current two-year Gas Aggregation Agreement lapses on September 30, 2018; Council will be looking at renewal in next couple of months.
_______________________________________________________________________________
REMINDER: OML: Summer Regional Conference, Pro Football Hall of Fame, Friday, June 29th
BLOOD DRIVE: June 7th at the Brick; 8:00 am – 8:00 pm – for W&LE employee’s daughter
_______________________________________________________________________________
EXPEDITURE REQUESTS from past meetings:
Donation Request – Fairless Youth Baseball & Softball Association donation request of $1,000.
PENDING PROPOSALS FROM PAST MEETINGS:
From resident: 7th 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.
OLD or NEW BUSINESS:
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to direct the Village Clerk to place the additional 2017 tax dollars of $ 8385.00 received from Fire/EMS contract for Sugarcreek Township into the Fire Equipment Fund. The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to donate $75 from the village, $75 from the Police Department, and $75 from the Fire Department to sponsor holes in the Zachary A. Grass Memorial Golf Outing all taken from the General Fund. The vote: All yes.
Councilman Hilliard asked the Solicitor to research whether the Village Clerk-Treasurer position can receive an annual raise each year if legislation is passed before the election or if an increase can only be once before the term starts.
COUNCIL MEMBER GODWIN MOVED SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to create 2018 Supplemental Appropriations legislation. The vote: All yes.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to authorize the VA to contact ODOT to request permission to use ODOT contract 101G-19 for the 2018 Street Paving. The vote: All yes.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to create a Resolution of Appreciation/Congratulations for Debbie Cline. The vote: All yes.
COUNCIL MEMBER HAWK MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to refer the six proposed zoning amendments presented by the Mayor to the Planning Commission. The vote: Hilliard, abstain, Radich, yes; Fox, yes; Godwin, yes; Hawk, yes; Hess, yes. Motion carries.
Councilman Hilliard asked if someone has been hired for the Street Department position. Mayor Schwab stated it has been narrowed down to three candidates and interviews will be scheduled in the near future.
Councilman Hawk contacted the credit union to see how things went with the festival. Manager Connie Risher told Councilman Hawk there was only one small issue and it was resolved by Police Chief Creter.
VILLAGE SPEAKS: Communications Received by Council members from Village residents
Councilman Hawk contacted the Credit Union to see how things went with the festival. Manager Connie Risher told Councilman Hawk there was only one small issue and it was resolved by Police Chief Creter.
AUDIENCE TIME:
Ray Heitger, 317 East 7th St, discussed dump trucks running down 7th Street and asked Solicitor Anthony if trucks could be prohibited from using 7th Street. Solicitor Anthony stated they could not be prohibited but a weight limit could be placed on the street. Councilman Hilliard stated he thought those trucks were from the roadwork out on Route 62 and would be discontinuing when the project was complete. Solicitor Anthony to provide additional research for Council review.
Roger Carpenter, Jr. suggested making the 30-minute parking in front of Just Ice Cream year-round. The Mayor stated that may not work because they offer classes that last longer than 30 minutes. Mr. Carpenter stated there was parking behind the building they can use.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to adjourn the meeting at 8:42 PM. The vote: All yes.
Respectfully submitted,
____________________________________________________
Kris King, Clerk-Treasurer
____________________________________________________
Mike Schwab, Mayor