November 20, 2017 - 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                        Dave Godwin, Council Member                

Chuck Hawk, Council Member                   Tom Hilliard, Council Member                   

Paul Mackey, Council Member                   Steven Tharp, Jr., 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 November 6, 2017 Council meeting minutes. 

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to accept the minutes as presented. 

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to accept the bills in the amount of $ 402,215.70.  The vote: All yes.

 

Bill Roemer, a member of the Board of Governors of the Summit Educational Center introduced himself again as a candidate for the Ohio House of Representatives for the 38^th district. During his visit in April, he promised that if elected he would visit each community in his district at least once a year for their Council meetings in order to keep in touch. He asked Council if there were any concerns that he could help them with.

 

Others in the audience:  Ryan Swan, Chief Chris Colucy, Ray Heitger, Josie Adams, Herb Rearick, Louie Carroll, Andrew Hess, and Sydney Radich.

 

ORDINANCE 76 – 2017: An Ordinance Authorizing the Modification of Ordinance 07 – 2012 – Fire and EMS Fee Schedule was given third reading.

 

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

 

ORDINANCE 77 – 2017: An Ordinance Authorizing a Contract with a Collection Agency for Delinquent Ambulance Fees and Municipal Income Tax was given third reading.

 

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

 

ORDINANCE 78 – 2017: An Ordinance Authorizing the Adoption of an Employee Work Week and Payday Policy and adding it to our Employee Handbook was given third reading.

 

VA Miller stated this ordinance establishes requirements to record time. It outlines the responsibility of the superintendent and the administration. It also puts it in writing that falsifying time sheets can be cause for termination. Councilman Hilliard stated that the employees need to be held accountable. VA Miller stated that we are looking into other ways of recording time besides the timesheet. He is looking at a program in which the employees can clock in on the computer at their departments. Councilman Tharp stated this whole issue is bothersome. The employees get the feeling that they are not trusted. It needs to be let known that this is not only for protection of the employer but also for the employee. It is nothing short of accountability. VA Miller stated that in his time here at the village, he is impressed with our conscientious employees. He is creating policies to put in place that ensure that everyone is following the rules.

 

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

 

ORDINANCE 79 – 2017: An Ordinance Authorizing the Adoption of an Employee Recording Work Time Policy and adding it to our Employee Handbook was given third reading.

 

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

 

ORDINANCE 80 – 2017: An Ordinance Authorizing the Adoption of an Employee Job Assignments Compensation Policy and adding it to our Employee Handbook was given third reading.

 

VA Miller stated this ordinance accounts for job assignments. Examples are Dare Officer, SRO, Chief’s Pay…  VA Miller stated he doesn’t want to roll them into the base wage in case someone is no longer doing that job assignment.

 

COUNCIL MEMBER GODWIN MOVED SECONDED BY COUNCIL MEMBER THARP and motion carried to bring the legislation forward for passage.  The vote: All yes.

 

ORDINANCE 81 – 2017: An Ordinance Authorizing the Adoption of an Employee Ohio EPA Certification Incentives Policy and adding it to our Employee Handbook was given third reading.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to bring the legislation forward for passage.

 

VA Miller requested that an addition be made to the draft ordinance. He would like to add a Class III certification to the Water Treatment Plant and to the Wastewater Treatment Plant. He would like to see one Class III employee in each department that works full-time in that department. VA Miller and Council discussed the need for redundancy with the licenses.

 

COUNCIL MEMBER GODWIN MOVED SECONDED BY COUNCIL MEMBER MACKEY and motion carried to pass the amendment as presented by the VA. The vote: Godwin, yes; Hawk, yes; Hilliard, yes; Mackey, yes; Tharp, no; Fox, yes.

 

The vote on the amended ordinance: All yes.

 

ORDINANCE 82 – 2017: An Ordinance Authorizing the Adoption of Employee Miscellaneous Incentives Policy and adding it our Employee Handbook was given third reading.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP to bring the legislation forward for passage.

 

VA Miller requested an amendment to the draft ordinance. It is the addition of a Fire/EMS incentive for Village Employees that respond to Fire and EMS calls during normal work hours. This is also something that has been done for years but never put in writing. A discussion on ASE Certification followed.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to pass the amendments as presented by VA Miller. The vote: All yes.

 

The vote on the amended ordinance: All yes

 

Ordinance 83 – 2017: An Ordinance Authorizing the Adoption of Chapter 90.20 Concerning Kennels was given third reading.

 

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

 

Second Reading: An Ordinance Authorizing the Adoption of Section 3.10 Employee Attendance, Punctuality, and Leaving Early Policy and adding it to our Employee Handbook.

 

Second Reading: An Ordinance Authorizing the Adoption of Section 3.11 Employee Report-off Policy and adding it to our Employee Handbook.

 

Second Reading: An Ordinance Authorizing the Adoption of Section 4.14 Employee Unpaid Leave of Absence Policy and adding it to our Employee Handbook.

 

Second Reading: An Ordinance Authorizing the Adoption of Section 6.02 Employee Equal Opportunity Policy and adding it to our Employee Handbook.

 

Second Reading: An Ordinance Authorizing Two Handicap Parking Spaces in front of 184 4^th St. SW.

 

Second Reading: An Ordinance Approving Modifications to Employee Wages for 2018, 2019, and 2020 as recommended by the Employee Compensation Committee and introduced by the Mayor.

 

Second Reading: An Ordinance Authorizing the Adoption of Chapter 90.142 Providing Regulationsfor Pigeons.

 

Second Reading: An Ordinance Amending Ordinance 15 – 2005 concerning Employee Health Waivers.

 

Second Reading: An Ordinance Authorizing the Adoption of Stark County Hazard Mitigation Plan from the Stark Emergency Management Agency.

 

First Reading: An Ordinance Authorizing the Adoption of and Hours of Work for Nonexempt Employees Policy and adding it to our Employee Handbook.

 

First Reading: An Ordinance Authorizing the Adoption of an Hours of Work for Exempt Employees Policy and adding it to our Employee Handbook.

 

First Reading: An Ordinance Authorizing the Adoption of an Employee Federal Labor Standards Act Policy and adding it to our Employee Handbook.

 

First Reading: An Ordinance Amending Ordinance 17 – 2017 Relating to Appropriations and Providing for Transfers within Appropriated Funds for the Fiscal Year ending December 31, 2017.

 

RESOLUTION 84 – 2017: A Resolution Amending and Appropriating $15,000 for the General Fund and $36,000 for the Ambulance Replacement Fund and declaring an emergency was given first reading.

 

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

 

Councilman Tharp asked Clerk King why she needed additional appropriations if there was probably not going to be any General Fund transfer this year. She stated that the Police Department received a grant for the in-car cameras and she needed to increase their appropriations to cover the cost.

 

Fire Department: Chief Chris Colucy

Chief Colucy reported there have been 673 calls to date.

 

There was a request that Council approve the Mayor’s appointment of Trevor Heaton of Sugar Creek Township as a volunteer fire fighter pending a successful physical, drug screen, and background check.  Copies of the appointment letter submitted to Council.

 

Mayor Schwab provided a memo concerning the reimbursement of the training of a firefighter in the fire department. The reimbursement request totals $10,828.80. The request included an account summary of bills from Stark State for Spring 2015, Fall 2015, Spring 2016, Summer 2016, Fall 2016, and Spring 2017. It was noted that the Mayor’s Office had no prior knowledge of the above listed training courses.

 

Chief Creter noted his proposed 2018 Police Department Budget is available for Council’s review.

 

The speed sign stats were discussed. The sign is now at 1^st Street and Wabash Avenue.  The Chief stated it was a useful tool for pinpointing problem areas.

 

Solicitor Anthony discussed fines that are covered under section 1901.31 of the ORC. He stated that who does the charging affects who gets the money from tickets. If a state statute is used, the money goes to the state and portions are released to the County. This helps to pay for Judges, Prosecutor, Alcohol Treatment, and the Law Library. If it is filed as under Village Statute, the municipality gets the fines.

 

No Executive Session is required this evening as the litigation concerning the villages health insurance is now public record. VA Miller is working on how to handle any employee run – off claims. The deficit has not been settled.

 

The Village of Brewster expects to be a party to the State Income Tax Litigation. Mayor Schwab stated there are over 137 municipalities involved. Solicitor Anthony stated if there is no injunction by the end of the year, some legislation may have to be passed by Council in order to collect income tax after January 1, 2018.

 

The Recreation Board is requesting a budget of $800 for the Community Children’s Christmas Party.

 

Stark Regional Planning Commission is planning a Governmental Law Seminar on Saturday, February 24, 2018. The topics include zoning, nuisance abatement, and legal requirements of government. Mayor Schwab stated this is a good program for village officials and suggests Council’s attendance.

 

2018 AMP Scholarships: The Village may nominate one senior student/resident for a $2500 Lyle B. Wright scholarship and one Village Employees child/senior student for a $2500 Richard Gorsuch scholarship.

 

AMP – The Build America Bonds (BABS) program that was created by U.S. Congress is in jeopardy; AMP requests that the municipal’s contact their Ohio Representatives to voice concern.

 

VILLAGE ADMINISTRATOR: Mike Miller

Administrator’s report for period 11/7/2017 thru 11/20/2017:

The Village of Brewster’s application for the North Water Tower Safety Improvements and Rehabilitation Project was ranked second, and the Village was awarded the requested grant funding.

As Council is aware, the plans are and bid specifications are complete. The funds won’t be available until July 1, 2018. We will work with the OPWC Program to be ready to bid out and award the project at the earliest possible date. Council will have to approve that process. I will keep Council advised.

The Stark County Regional Planning Commission submitted their preliminary scores for each of the projects submitted for the 2018 OPWC Program to the District 19 OPWC Public Works Integrating Committee, which met November 16, 2017 meeting to review the projects for funding in 2018. We asked for $111,475 (49%) of the total $227,500 of the total estimated cost. The process from this point includes a District 19 meeting November 16, 2017, and the Districts approved projects are slated to be submitted to OPWC in Columbus by January 31, 2018. I will keep Council advised of the status.

The Village of Brewster’s application for the 7th Street Improvement and Paving Project was the last ranked project to be approved for SCIP funding under the OPWC program. It is anticipated that enough funding will be “turned back in” by another political subdivision to allow the Village to receive the requested grant funding through SCIP funding. However, because the Village is essentially “on the bubble”, theDistrict 19 OPWC Public Works Integrating Committee also ranked Brewster’s 7th Street Improvement and Paving Project first for submission to the State of Ohio for Small Government funding should the anticipated funding will be “turned back in” by another political subdivision not be sufficient for 2018 SCIP OPWC funding.

Either avenue of OPWC funding won’t be available until July 1, 2018. We will work with the OPWC Program to be ready to bid out and award the project at the earliest possible date. Council will have to approve that process. I will keep Council advised.

 

The Village issued work orders (private contractor) for eight (8), some more than one (1) time. Those property owners were billed. None paid. The Village therefore has certified to the Stark County Auditor’s Office seven (7) of the eight (8) properties for collection with their property taxes. Unfortunately, one (1) of the eight (8) properties the Village had cut was sold before the Village could certify the bill.

 

There are still three (3) properties with which the Village is monitoring and/or working with the property owner.

 

 

 

 

We plan to address the access issues by moving the equipment on the poles to the east side of the ditch towards the substation as part of an upgrade to the substation. I will provide Council with a more detailed overview of what we plan to do to upgrade the substation in the near future.

VILLAGE MAYOR: Mike Schwab
Mayor Schwab originally listed on his agenda to suggest a Finance Meeting prior to the December 4^th Council Meeting to review administrations suggested amendments to legislation measures concerning employee compensations and benefits but felt the discussion was covered earlier at this meeting.

 

The Zoning Board of Appeals meeting was held on November 16, 2017. It is to consider a zoning variance for Brewster Cheese.  The installation of five water storage towers.

Multi-Bank Securities(MBS): I’ve talked with our Auditor and with our Solicitor concerning the use of MBS.  As soon as MBS signs off on our Investment Policy, we are good to go.  The Village has two CD’s coming due in December that will be reinvested with MBS.  The latest quote I received from MBS was .05% higher than the local bank.

The Village is currently behind $60,000 in Income Tax collections for the General Fund.  Unless the collections pick up, I don’t expect to make a General Fund Transfer this year.  Since there are five Fridays in December and the last one falls on the last business day, I don’t expect to get many of the withholdings for December until mid-January.

The Village received $1,534.80 in grants from the Stark-Tuscarawas-Wayne County Joint Solid Waste Management District for Host and Compost Recycle Cleanup Grants.  The Mayor has been applying quarterly to help offset the Village’s related expenses.  Thanks Mike!

I spoke with the State Auditor’s Office to find out how much a Performance Audit would cost the Village.  To perform the audit on four different departments of the Village would cost around $50,000, to just evaluate the Fire Department would run between $25,000 and $35,000.

I met with State Auditor Dave Yost last week with the North Central Regional Advisory Board.  I brought up how the ORC can limit a municipalities ability to save money for future projects.  He assigned the issue to one of his Chief Deputy’s that may be able help us to set up a fund for specific needs.

Lastly, in between everything else, I am currently working on the 2018 appropriations and budgets.

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.

Finance Committee Meeting minutes: review of Employee Compensation Committee’s

recommendations for 2018 Village Budget.

 

Tonight: Fire/EMS Financial Committee at 6 PM

 

Tuesday, November 28 at 7 AM: Representatives from the Stark County Schools Council of Government, Aultcare, and MM0 will be in village Hall to give presentations on Employee Health Insurance for 2018. Employee Spouses have also been invited.

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REMINDER:         December 4th at 6 pm - Parks & Grounds Committee Meeting

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OLD or NEW BUSINESS: (Council Rules dictate a one meeting review period for expenditures, unless deemed an emergency)            

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCILMEMBER GODWIN and motion carried to approve a budget of $800 for the Recreation Boards Community Christmas Children’s Party from the Recreation Fund. The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to approve the Mayor’s appointment of Trevor Heaton as a Volunteer Firefighter pending successful physical, drug screen, and background check. The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX to reimburse Jacki Hickman $10,828.80 over a five-year period at $2165.76 per year. Councilman Mackey brought up the current finances. He also stated that the education is being used for another job. Councilman Hilliard stated this is the first time seeing this. Councilman Godwin stated when Scott Borojevich received his reimbursement, the Chief was told to come to Council before expecting another reimbursement. Chief Colucy stated that all education has been paid in the past and they all use it towards their jobs. Councilman Tharp stated the community has benefited from her education, she is one of the most active and competent paramedics the village has. He stated he will withdraw his motion at this time so that Council could take some time to consider the request.  Councilman Godwin stated that the rest of Council needs to take the time to consider this request.

 

Councilman Hilliard stated three people asked him to thank Councilman Fox for coming to the planning commission meeting.

 

Councilman Tharp thanked the VA for reaching out to a resident who was complaining of a rotten egg smell in their water.

 

Herbert Rearick of W. 2^nd St. reiterated the importance of having backups in all of our departments. He told the story of how he had to go back to work after he retired after 37 years because there was no one available to run a big press for an important project due to illnesses.

 

Before the meeting ended, Chief Colucy asked Councilman Fox, Councilman Godwin, and resident Ray Heitger if they would serve another year on the Firemen’s Dependency Board.  All three agreed to serve.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER Fox and motion carried to adjourn the meeting at 8:29 p.m.

 

 

Respectfully submitted,

 

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Kris King, Clerk-Treasurer

 

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Mike Schwab, Mayor