Council Meeting Minutes March 6, 2017

The Regular Meeting of the Apple Creek Council was called to order on March 6, 2017, by Mayor Betty Keener with the following council members answering to roll call:

Rick Conrad-present, Mike Harwood-present, Rodney Mackey-present, Robert McCarthy-late, Charlie Lewis-present, and Steve Stoffer-present.

Councilperson Lewis made a motion to approve the minutes of the February 21, 2017 meeting, as always the minutes are available for the public to review.  The motion was seconded by Councilperson Stoffer with roll call vote as follows: Councilperson Lewis-yes, Councilperson Stoffer-yes, Councilperson Conrad-yes, Councilperson Harwood-yes, and Council President Mackey-yes.   Motion carried.

VISITORS: Gary Daugherty of Engineering and Assoc., Paul Dillon, a Village Resident, the Daily Record Reporter, and Leonard Kaplan.

WATER & SEWER: Update from Water & Sewer Meeting of March 6th, 2017-Gary Daugherty of Engineering and Associates explained that bids were opened, “last Wednesday”.  He felt they came in higher than expected but are still awardable.  The main reason was due to concern by the contractors over soils and possible sand and water.  Mr. Daugherty’s estimate was approximately $590,000.  The lowest bid was $625,910.00 from Dirt Dawg, Inc. out of the Ashland area.  Spano Brothers was a couple of thousand higher. The other two bids, Wenger Excavating and Elite Excavating were both at almost $20,000 higher.  The three lowest bids were looked at in detail.  All three were asked to submit a list of projects that were similar; however, none used the requested form.  This was an irregularity of all three low-bids.  There is a goal in the documents prescribed by the EPA, which is a goal of 6.6 percent of utilizing disadvantaged business enterprises for sub-contractors.  Dirt Dawg proposed using about $11,000 for DBE.  The goal would be about $41,000.  Spano Brothers did not submit the authority to sign the bid, they were proposing using zero percent DBE.  Wenger Brothers did not submit the authority to sign the bid.  They did propose using $39,000 for the $41,000 of the DBE goal.  “Based on our previous experience with these three low-bidders, we don’t have a problem with any to perform the work,” Mr. Daugherty stated.  “Therefore, we are recommending that you award to the lowest acceptable bid, which if the Village Solicitor agrees after reviewing the bids, is Dirt Dawg Incorporated for $625,910.”  This project is being funded through Ohio EPA Water Pollution Control Loan fund.  The next step in the process is for Council to tentatively award a contract to whoever they choose.  Mr. Daugherty would then get a packet of information to the EPA.  If the information is sent immediately, the EPA would be able to get the loan processed within April timeframes.  Resolution 2016-4 was read.

Resolution 2016-4 A Resolution To Enter into a Contract with Dirt Dawg Excavating, for the Extension of the Sewer Line for the Waynedale Campus Project, Contingent upon Final Approval of Financing by Ohio Environmental Protection Agency Department of Economic and Financial Assistance, and Declaring An Emergency.

A motion to suspend the rules and advance to the second and third readings by title only was made by Council President Mackey. The motion was seconded by Councilperson Stoffer. The roll call vote was as follows: Council President Mackey-yes, Councilperson Stoffer-yes, Councilperson Conrad-yes, Councilperson Harwood-yes, Councilperson McCarthy-yes, and Councilperson Lewis-yes.   Motion carried.

Councilperson Harwood asked, “If not utilizing the DBE goal fully, does that affect the loan?”  Mr. Daughtery advised that it shouldn’t.  “It is a goal, the EPA will ultimately rule on it.  I have never had one turned-down when you make a good faith effort.  It is kind of tough in some areas (to meet the goal).  There are no problems in the major cities, but there are problems in the rural areas.”

Councilperson Harwood stated that he did not want to start on the project and be denied.  Mr. Daugherty stated that none of three low-bids met the goal.  The Mayor stated that there has never been a problem in the past and one is not foreseen now. The Mayor called for further discussion; there being none, she called for:

A motion to pass Resolution 2016-4 was made by Councilperson Conrad and seconded by Councilperson Stoffer. The roll call vote was as follows: Councilperson Conrad-yes, Councilperson Stoffer-yes, Councilperson Harwood-yes, Council President Mackey-yes, Councilperson McCarthy-yes, and Councilperson Lewis-yes.  Motion carried.

Mr. Daugherty requested a copy of the signed resolution.  The contract can be awarded after the April 27 approval by the EPA.  The contractor should start work sometime in May.  He has 150 days to substantially complete the project.  Site work must be done before the end of August.

Gary Daugherty announced his retirement effective at the end of the month.  The Mayor thanked him for all his help and wished him success.  Mr. Daugherty thanked Council for the opportunity to work for the Village and wished it/them much success.

STREETS AND MAINTENANCE:   Street Committee Meeting will be held on March 27th at 4:30pm at the Village Hall.  A tour of the streets in Apple Creek will be taken to determine where repairs are needed.  An update on the State Route 250 Bridge was given by the Mayor.  She stated it was “unknown to us” that a new bridge will be built on State Route 250 east of the Village.  Street Commissioner Orr asked several state employees, who were working at the bridge, what was going on. They advised that they were taking water and soil samples for construction of a new bridge.  The Mayor has been in contact with the Director of ODOT who tentatively agreed to put a sidewalk on the new bridge.  Mayor Keener will be on the Planning Committee with ODOT.  A lot of input will be given regarding the bridge and sidewalk.  The Director agreed to a six foot sidewalk, but stated that it cannot lead to nowhere.  The Village sidewalk ends on the west side of Hunter Street.  Mayor Keener checked immediately upon the feasibility of the Village sidewalk being extended to the bridge.  Costs will need to be determined and how this will be done.  The right-of-way should not be an issue.  It is 30 feet from the center of the road.  The Village sidewalks would be on ODOT right-of-way.  This project is only in the planning and design stage, but the Mayor will keep Council updated.  The ODOT Director called the Mayor to apologize that the Village had not been notified of the construction.  Lights controlling traffic during construction will need to be set to allow sufficient time for buggy traffic to cross the bridge as traffic will be only one lane.

Banner Update:  Street Commissioner Orr and Fiscal Officer Busson had all information prepared for the “banner” meeting with the Mayor.  Quotes have been obtained as well as banner information.  The banners can be paid from the State Highway Fund.  These funds will need to be reallocated.  At this time, only painting of the curbs and school markings are paid from this fund.  Two sets of fifteen seasonal banners will be purchased.  An outside company will put them up and change them as needed, rather than renting equipment and using Village personnel.   The outside company will be paid from the same fund.  Councilperson Stoffer asked if some of the monies of the State Highway Fund can be used for the needed sidewalk on this side of the bridge.  The Mayor advised these funds can be used for that purpose.  Also, she has very good contacts and lead-ins for funding opportunities.  There are lots of questions regarding the project (250 bridge) but no meetings with the state yet to be able to answer them.  The Mayor stated that she will certainly ask a lot of questions.

POLICE: Chief Woodruff handed out the monthly statistics report.   There is not a lot going on.   The numbers are steady.  A letter from Derek Miller requesting he be moved from part-time officer to auxiliary was received.  There are two good candidates available for auxiliary.  They need trained.  In the future, it is hoped they can be moved to part-time to bring the staffing levels back up to where they need to be.  Officer Martin has been released for light duty.  He has been advised that there is plenty of office work.  He was invited to “give a hand” to the Chief.  There would be no call/road work that would qualify as light duty.  There are no updates on the cruisers.  Calls are made weekly to obtain any update.  Ford is to notify the dealer two weeks before production.  Ford has not been heard from yet.  It will take a week or two at the dealership before the Village will receive the vehicles.  The Charger and the Crowne Victoria are being replaced.

PARK:  The Mayor asked for the stage pay-off amount.  It is being “worked up”.   Councilperson Harwood asked about the initial bids (on the stage) and how much it “came in over”.  He had thought sufficient funds were raised to cover the entire cost.  He was advised that the original cost of $13,000 was raised.  However, the amount increased to $17,000.  $13,500 has been paid.  There will be an attempt to settle.

JEDD#1:  Nothing.  There will be a meeting in April.

JEDD#2:   Nothing.  There will be a meeting in April.

CORRESPONDENCE: Nothing.

UNFINISHED BUSINESS: Nothing.

NEW BUSINESS:   Clocks move forward on March 12th.

COMMITTEE REPORT: Nothing.

FINANCE:    

COUNCIL BILLS 3-6-17
A11A210 POLICE
A11A241 Advance auto Parts Oil antifreeze 83.30
A11A213 LEWTFM Uniforms $70.00
A11A243 PC Repair Video Camera $192.25
A11A243 Smetzer’s Tire Repair $41.90
A11A212 Wayne Co. Commissioners Hospitalization $2820.32
TOTAL    $3,207.77
A17A240 Mayor & AD.
A17A239 American Legal Codification     $1970.00
A17A241 Government Forms Checks        $127.00
A17A241 Postmaster Stamps        $116.00
A17A237 Taggart Law Firm Solicitor        $387.00
A17A241 Wolff Brothers New Light Fixture          $99.03
TOTAL $2,699.03
B16B240 Streets O&M
B16B245 Cintas Uniforms        $214.98
B16B243 John Deere Financial Hydraulic Fluid          $35.97
B15B243 Kokosing Hot Mix        $141.00
B15B243 Tricor Crescent Set        $130.43
B16B243 Wayne Co. Commissioners Hospitalization $1492.26
TOTAL $2,014.64
E15A240 WATER
E15A239 American Legal Codification        $985.00
E115A244 Coshocton Testing        $131.00
E15A238 Dean’s Backflow Daily Operations        $848.40
E15A235 Postmaster Stamps          $68.00
E15A241 USA Bluebook PH Meter        $220.37
TOTAL    $2,252.77
E25A240 SEWER  
E25A237 American Legal Codification          $985.00
E25A244 Coshocton Testing          $580.00
E25A238 Dean’s Backflow Daily Operations        $3435.60
E25A245 Dix Communication Legal Ad.          $424.76
E25A245 Kimble Trash Hauling            $16.44
E25A243 John Deere Sump Pump          $138.97
E25A235 Postmaster Stamps            $68.00
TOTAL     $5,648.77

 

A MOTION TO PAY THE BILLS: by Councilperson Conrad, and seconded by Councilperson Lewis. The roll call vote was as follows: Councilperson Conrad-yes, Councilperson Lewis-yes, Councilperson Harwood-yes, Council President Mackey-yes, Councilperson McCarthy-yes, and Councilperson Stoffer-yes.   Motion carried.

Johnny Appleseed will be held on July 28 and 29th.  Hopefully, the Fire Department will be doing the water barrel on Saturday.  The Chief was asked about doing the dog demonstration again.  Friday will be from four to ten.   Saturday is line-up for the parade at 11:00 and starting at noon.  A concern that no one would show-up was expressed.  A new option is being tried.  If it doesn’t work, it will be switched the next time.

A motion to go into executive session for the Sale of Property section 121.22 (G)(3) was made by Council President Mackey, and  seconded by Councilperson Conrad.  Roll call vote was as follows: Council President Mackey-yes, Councilperson Conrad-yes, Councilperson Harwood-yes, Councilperson McCarthy-yes, Councilperson Lewis-yes, and Councilperson Stoffer-yes. Council went into executive session at 7:10 pm.

A motion to come out of executive session at 7:21 pm was made by Councilperson Lewis and seconded by Councilperson Stoffer. Roll call vote was as follows: Councilperson Lewis-yes, Councilperson Stoffer-yes, Councilperson Conrad-yes, Councilperson Harwood-yes, Council President Mackey-yes, and Councilperson McCarthy-yes.  Motion carried.

There was no action taken from executive session.

A MOTION TO ADJOURN: was made by Councilperson Lewis and seconded by Council President Mackey.  Roll call vote was as follows: Councilperson Lewis-yes, Council President Mackey-yes, Councilperson Conrad-yes, Councilperson Harwood-yes, Councilperson McCarthy-yes, and Councilperson Stoffer-yes.   Motion carried.

Meeting Adjourned at 7:23 pm.

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