December 4, 2017 - Meeting Minutes
MINUTES
BREWSTER VILLAGE COUNCIL
December 4, 2017
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.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to excuse Councilman Fox from this evenings meeting due to illness. The vote: All yes.
MEMBERS PRESENT:
Mike Schwab, Mayor
Dave Godwin, Council Member Chuck Hawk, Council Member
Tom Hilliard, Council Member Paul Mackey, Council Member
Steven Tharp, Jr., Council Member
VILLAGE OFFICIALS:
John Anthony, Solicitor Kris King, Clerk-Treasurer
Michael L. Miller, Village Administrator
MINUTES FROM THE NOVEMBER 20, 2017 REGULAR COUNCIL MEETING:
Mayor Mike Schwab asked if there were any additions or deletions to the November 20, 2017 Council meeting minutes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX to accept the minutes as presented.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to make an addition to the last motion made during old or new business, after Council Member Tharp stated he withdrew his motion, he would like to add the comment he made “so that Council could take some time to consider the request”. The vote: All yes.
The vote on the amended minutes: All yes.
PRESENTATION OF BILLS:
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to accept the bills in the amount of $ 171,970.16. The vote: All yes.
Councilman Tharp questioned the Control Associates’ bill in the amount of $4484.36. VA Miller explained there was a problem with the chlorinator and the water supply was not affected at all. The vote: All yes.
AUDIENCE:
Police Chief Keith Creter, Ryan Swan, Fire Chief Chris Colucy, Ray Heitger, Herb Rearick, Dan and Jodi Dolvin, Andrew Hess, and Sydney Radich.
CONSIDERATION OF ORDINANCES: Titles of each read by Solicitor John Anthony
ORDINANCE 85 – 2017: An Ordinance Authorizing the Adoption of Section 3.10 Employee Attendance, Punctuality, and Leaving Early Policy and adding it to our Employee Handbook was given third reading.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to pass the legislation as presented. The vote: All yes
ORDINANCE 86 – 2017: An Ordinance Authorizing the Adoption of Section 3.11 Employee Report-Off Policy and adding it to our Employee Handbook was given third reading.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to pass the legislation as presented. Councilman Hilliard ask if there was a time limit to report off. VA Miller stated there is a half hour minimum, but the Superintendents have leeway if they choose a different amount of time. The vote: All yes.
ORDINANCE 87 – 2017: An Ordinance Authorizing the Adoption of Section 4.14 Employee Unpaid Leave of Absence 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 88 – 2017: An Ordinance Authorizing the Adoption of 6.02 Employee Equal Opportunity 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. Councilman Hilliard ask if there are EEO posters being displayed. VA Miller stated the required posters are posted in all departments. He goes out on a regular basis to make sure they are in place and updates them as needed. The vote: All yes.
ORDINANCE 89 – 2017: An Ordinance Authorizing Two Handicap Parking Spaces in front of 184 4th St. SW. was given third reading
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to pass the legislation as presented. Councilman Hilliard ask what is going to be done about the signs. The VA stated there would be one sign with arrows going both directions. The vote: All yes.
ORDINANCE 90 – 2017: An Ordinance Authorizing the Adoption of Chapter 90.142 Providing Regulationsfor Pigeons was given third reading.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to pass the legislation as presented. The vote: All yes.
ORDINANCE 91 – 2017: An Ordinance Amending Ordinance 15 – 2005 concerning Employee Health Waivers was given third reading.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to pass the legislation as presented. Councilmember Hilliard asked VA Miller to explain the legislation. VA Miller stated it removes health insurance waivers. The Village has two employees that will lose their reimbursement and both are electing not to join the new plan. There is also one elected official for which compensation cannot be changed until after the next election. The vote: All yes.
ORDINANCE 92 – 2017: An Ordinance Authorizing the Adoption of Stark County Hazard Mitigation Plan from the Stark Emergency Management Agency was given third reading.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to pass the legislation as presented. Mayor Schwab explained the necessity of this legislation and recommended it for passage. The vote: All yes.
ORDINANCE 93 – 2017: An Ordinance Approving Modifications to Employee Wages for 2018, 2019, and 2020 as recommended by the Employee Compensation Committee was given third reading.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to bring the legislation forward for passage. Mayor Schwab requested to additions to the legislation that were missed in the draft.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to add three tiers to the full-time patrolmen position and also to add the part-time patrolmen to the legislation at the wages provided to Council. The vote: All yes.
Councilman Hilliard stated that with the on-call pay lineman have already received a $7.50 per hour raise and he keeps hearing that if they don’t get a raise they will leave. Councilman Hilliard states that he feels that Council has been very fair with their employees. Councilman Tharp stated the committee reviewed the wages with many comparable communities they also took into consideration some of the private companies that they are competing with for employees. He stated this is a very comprehensive look at the wages, there was lots of thought and time put into this. Councilman Tharp stated it is the right process.
The vote on the legislation as amended: Hawk, yes; Hilliard, no; Mackey, yes; Tharp, yes; Godwin, yes. Motion passes.
Councilman Tharp stated that he hopes that the next Employee Compensation Committee will consider the remaining members of the Fire Department not addressed with this wage ordinance are considered next year.
Second Reading: An Ordinance Authorizing the Adoption of and Hours of Work for Nonexempt Employees Policy and adding it to our Employee Handbook.
Second Reading: An Ordinance Authorizing the Adoption of an Hours of Work for Exempt Employees Policy and adding it to our Employee Handbook.
Second Reading: An Ordinance Authorizing the Adoption of an Employee Federal Labor Standards Act Policy and adding it to our Employee Handbook.
Second 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.
MUNICIPAL DEPARTMENTS:
Fire Department: Chief Chris Colucy
Chief Colucy reported there are 710 calls to date.
The ambulance paperwork has been finalized, signed, and sent to the builder. Chief Colucy expects it to be completed and delivered in March or April of 2018.
The grant for the Ohio State Fire Marshall for the MARC’s Radios should be awarded by the next Council meeting.
The EMS collections for November totaled $21,635.74. Paramedic Coordinator Jen Mohler sent letters and made calls to patients with missing information.
Mayor Schwab provided information for the VFD training costs during the last three years. Chief Colucy stated it was his mistake not getting training approved ahead of time for Jacki Hickman’s training. He provided Jacki Hickman’s run listing. He stated it was his mistake and she should not be punished for what he has done. He apologized to Council and the Mayor. She is an asset and deserves to be reimbursed. The total cost for the unreimbursed training is $10,329.14.
Councilman Hilliard stated he will be attending one meeting a month of the FD weekly meetings.
Police Department:Chief Keith Creter
Chief Creter stated that November had 775 calls, slightly down from last month. The department has switched reporting systems. The new one is much quicker and enables Officers to be more productive. Next month’s activity report will look much different.
Sgt. Rossiter is requesting a donation for the DARE program in Fairless Schools in the amount of $1,500. The fund is down to $189. She will be asking local businesses for donations also.
Chief Creter stated the new parking citations are and but we need to broaden our parking ordinance.
Council Member Godwin stated the 2018 Police Report Budget was phenomenal. Councilman Tharp stated the report was very professional this is exactly what Council is looking for and he thanks Chief Creter for his work.
Councilman Hilliard stated that he would like to see a carport put next to the Police Station. Chief Creter stated anything to get the cars out of the elements would be good. With all the electronics, the extreme temperatures are hard on the cars.
Councilman Godwin stated the parks and grounds committee had discussed the new roof, new handrails, and a pop machine in front of the department. He stated that profits from the pop machine to go into the Police Fund.
Councilman Hilliard stated he had received another two complaints on speeding on North Wabash. VA is looking into putting a pull off on the north end of town. Councilman Tharp stated the public needs to understand that when the PD is watching one area, then another is without them. They are doing their jobs. They are pulled one direction then the other, it’s like a ping-pong game.
VILLAGE SOLICITOR:Attorney John Anthony
Solicitor Anthony discussed litigation matters. The income tax matter has had a contract to proceed filed with Franklin County Pleas Court. At this point, the injunction has not been filed yet. The injunction delays enforcement of the new law. The trial date has been set for a year from now. On the health insurance matters, the State Auditor sent out a memo urging municipalities to make sure that employees have uninterrupted health insurance coverage. The big issue with this litigation is the deficit and run off claims. VA Miller stated the village has this covered, but the stop loss is still a big question. The attorney is looking into it. As far as the deficit goes, it may be treated as an escrow payment over 24 months. The VA stated that it looks like it’s going to be far less than the original estimates. Solicitor Anthony stated he has been told not to pay anything until the amount is settled.
Solicitor Anthony reported on a recent seminar he attended. Social media was discussed along with the hiring firing process. Solicitor Anthony then discussed some new bills being considered. One of the bills concerns governments getting insurance coverage instead of bonds to protect themselves from employee dishonesty. The other bill discussed was medical marijuana. The Ohio Department of Commerce has been issuing permits for cultivating and dispensing medical marijuana. For more information go to medicalmarijuana.oh.gov.
COMMUNICATIONS:
Columbia Gas has made application to the PUCO for two customer billing riders to address infrastructure improvements. This will raise customers’ bills 2.6% or an average of $1.71 per month.
The 2017 Griswold Christmas Lighting Contest is being handled by Tammy Fox; winners will be announced at the December 18, 2017 Council meeting.
VILLAGE ADMINISTRATOR: Mike Miller
Administrator’s report for period 11/20/2017 thru 12/4/2017:
- Veteran’s Memorial. Coon Restoration has completed the tuck pointing and restoration. When adequate time has passed and weather permits, we will have the Veterans Memorial sealed to protect the stone from the elements.
- Water – Back-up Generator. Wood Electric has completed their work on the Water Department back-up generator. A live test was run to assure that the generator would switch over in an electric outage event. On November 29, 2017 Stark County made their final inspection and approved the installation. The Water Department Back-up Generator Project is complete! We now have back-up power in the event of a power failure for the entire facility.
- Leaf Pick-up. The leaf pick-up was extended because of the fact that leaves have still not all fallen AND because weather has allowed the Village to continue with pick-up. As a point of reference for residents, the leaf crew picks up ONLY leaves that have been raked into piles, so there are many times when the crew will be in the truck driving from one location to another without attempting to pick up leaves that have not been racked into piles. Also, leaves should be raked out to curbs/edge of streets. There were some issues following Halloween, where leaves may have been racked but trick-or-treaters scattered the piles so their pick-up was no longer possible. Also, leaves should be raked out to curbs/edge of streets.
We intend to pick-up leaves through Wednesday December 6th
WEATHER PERMITTING!!!
- Substation Upgrades. GPD continues to draft a preliminary outline of what improvements are needed at 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.
- Employee Handbook Policy. There is one last element of the compensation package for Village employees that needs to be addressed – longevity. The pending wage ordinance speaks to longevity:
SECTION 8: Wage Modifications Contingent on Performance Evaluations
All pay increases outlined in this legislation shall be based on a satisfactory or higher performance evaluation. Employee who have been evaluated satisfactory or higher shall receive an increase in accordance with this legislation. An employee that receives an evaluation of less than satisfactory shall not receive any increase in compensation or any applicable longevity increase. (emphasis added)
However, the wage ordinance does not set up specifics for longevity – we should have language (a policy) that sets out the specifics for longevity.
I have drafted a Longevity Policy that sets forth what the Village has in place now, but also places a cap at 25 years for any employee who has not yet reached that level. For background, I have attached a comparison table for longevity provided by surrounding political subdivisions, as well as the specific tables for a few that would make the simple table more difficult to follow.
I am requesting that Council adopt 3.20 Longevity policy on a non-emergency basis, make it a codified ordinance in Chapter 38 EMPLOYEE REGULATIONS of our Codified Ordinances, and add it to our Employee Handbook.
- Underpass Repair. As Council is aware on October 2nd a vehicle struck the planter (which provides protection to the bridge/underpass structure) and inflicted major damage. The insurance company covering the Village’s “loss” required a quote for repair in order to issue a check to the Village for its damages. We got a quote to repair the planter from a local company that has repaired the underpass when it was damaged. We forwarded that quote for repair to the driver’s insurance company. The driver’s insurance company then issued a check in the full amount of the quote to have the repairs completed.
Because of the timing of the damage, and repair being at the same time as the beginning of leaf pick-up in the Village, it was determined that in order to avoid disruption of leaf pick-up and other regular services that the Village would proceed with the repair of the damage to the underpass utilizing the quote to repair the planter from a local company, since the cost was FULLY covered by the payment from the driver’s insurance company.
The underpass has now been repaired AND we had the leaf pick-up program being done at the same time (because of weather leaf pick-up was extended).
- Solar Project.AMP and NextEra are still reviewing the project costs one final time to determine whether the project will move forward.
- Traffic Lights. The Electric Department and myself met with Path Master representatives to see if:
- The “offset” of the traffic lights on Wabash at Main and Second could be fixed by extending the support arms for those traffics lights and reverse the direction they are facing. Calculations have to be made to determine whether the added weight of the extensions can be supported by the posts.
- A number of less expensive alternatives to pre-emption devices will be looked at to make the intersection of Main and Wabash safer when our Fire/EMS Department is responding to calls, including a button at the Station that will turn all lights red with an emergency flasher.
- What alternatives there are to better protect our students in the crosswalk between the schools, as well as a future dedicated crossing of 7th Street as part of a Safe Routes to Schools Project.
- Jefferson Ave SE Sanitary Sewer Main Replacement Project. Hazen and Sawyer has been surveying to provide the necessary information for engineering the Jefferson Ave SE Sanitary Sewer Main Replacement Project.
VILLAGE MAYOR: Mike Schwab
Zoning Board of Appeals Meeting Minutes from November 16, 2017.
Mayor recommends that Council reimburse for successful EMT training; Volunteer requests $2,300; Chief advises that Stark State cost $1,676.15 (Summer 2017).
Mayor Schwab requested the Village Clerk and the VA explore and assess employee timekeeping software for village use. Clerk King reported on a meeting where Kronos and Payentry were discussed. Councilman Tharp stated Kronos was used at his previous employer. He stated it should save a lot of time.
VILLAGE CLERK-TREASURER: Kris King
November 21 – December 4, 2017:
I am currently working on year-end and starting preparations for 2018.
I am requesting that Temporary Appropriations legislation be prepared.
November Financial and Year-to-date Report.
November Fire Pay = $6256.93.
COMMITTEES or COUNCIL REPORTS: The Goal of any committee meeting is to discuss an issue or propos
al and to provide, by a consensus of the committee members, ONE recommendation to Council.
al and to provide, by a consensus of the committee members, ONE recommendation to Council.
Fire/EMS Financial Committee Meeting minutes from November 20th.
On November 28, full-time employees were educated by representatives from the Stark County Schools Council of Government, Aultcare, and MMO on their healthcare insurance for 2018.
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REMINDER: Children’s Christmas Party Wednesday, 12/13 from 6:30 PM to 7:30 PM at the Brewster Fire Station
Griswold Lighting Contest Winners announced at December 18 Council Meeting
Stark RPC: Government Law Seminar on Saturday 02/24 for Municipal Officials
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EXPENDITURE REQUESTS from past meetings:
Fire Chief – Reimbursement of the following training cost for Volunteer Jacki Hickman: EMT Basic = #2,300; Paramedic I = $1,939.70; Paramedic II = $3,112.00; Paramedic III = $460.80; Paramedic IV = $1,266.70; and Firefighter 1 & 2=$1,749.60. Total = $10,329.14.
OLD or NEW BUSINESS: (Council Rules dictate a one meeting review period for expenditures, unless deemed an emergency)
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to approve the fire pay of $6,256.93 from the Fire Equipment Fund. The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to create legislation adopting 3.20 Longevity Policy on a nonemergency basis and add it to our Employee Handbook. The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to approve the donation of $1,500 from the general fund to the DARE Fund. Councilman Tharp stated at the last meeting he withdrew his motion after it was brought to his attention that he needed to wait one meeting before approving expenditures unless it was an emergency. Mayor Schwab asked Keith Creter if it was an emergency and he stated no. Councilman Godwin stated that he had no problem withdrawing his motion until next meeting. Councilman Tharp stated he had no problem donating the money but wish there was more consistency. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD to have zoning procedures changed so that all residents buy a zoning change be sent letters. After some discussion, the motion was withdrawn until the VA can look up what the ORC requires. He will follow up at the next meeting.
Councilman Tharp stated that Jacki Hickman was one of the most involved members of the fire department. She has been going to school and going on calls. Chief Colucy provided a listing of all the calls that she has been on for the last three years.
COUNCIL MEMBER THARP moved to have $9,079.20 reimbursed for Jacki Hickman’s training. This amount is $2,300 for her EMT training and $6,771.20 for her paramedic training. The prior approval legislation was not passed until after most of her last work was completed the $1749.60 for firefighter 120 and 240 would be the only classes is not reimbursed because of that ordinance. Motion fails due to lack of a second.
Councilman Tharp stated that this is just sad. She offered to sign a five-year agreement and why would any of these people go and better themselves. He stated that Council is saying that the lowest standard is all we need. He has never been more disgusted and can’t wait until January 2018 when he can sit in the audience during the Council meetings. It is going to be fun.
COUNCIL MEMBER GODWIN moved to pay Jacki Hickman $2,300 for her EMT course. Motion failed due to lack of second. Councilman Hilliard stated we have to find a happy medium.
Councilman Tharp extended a thank you to Debbie Cline for her letter stating she appreciated the gift certificates.
Village Speaks:
Audience:
Dan and Jodi Dolvin of W. 7th St. wanted to know what happened with the silos. Mayor Schwab stated it has been passed by the Zoning Board of Appeals. Mr. Dolvin stated it was a shame. He spoke to Councilman Hawk since he was on the Zoning Board of Appeals and asked him if he would like the silos across from your house. Mrs. Dolvin stated if it was his house it would be a different story. Councilman Hawk declined to comment.
Chief Colucy stated the Council has paid every other training for the fire department. Doesn’t understand why Jacki Hickman is being denied, is it because he hadn’t come and gotten the approval before the training started. He wants an explanation on why Council won’t approve it. Councilman Tharp thought a good compromise would be to pay her in five equal payments over the next five years out of the fire fund. This would help with budgeting. Councilman Godwin asked where the paperwork was. Clerk King provided it for him. Councilman Godwin then asked how many paramedics are on the Fire Department and Chief Colucy replied eight. Councilman Godwin asked how many of them get time and Chief Colucy replied all of them. They are scheduled according to seniority by Paramedic Coordinator Jen Mohler. Councilman Godwin then asked why the Association doesn’t share in some of the cost of the training. Chief Colucy said they will not. Chief Colucy brought up items that the VA Miller stated that the EMT training is something that is normally paid for. There was a long silence then Councilman Hawk stated that we can’t just let this die, he feels that we should put some time into it. We need to work things out. This is important to all of us. He wants to make it fair.
COUNCIL MEMBER HAWK MOVED, SECONDED BY COUNCILMEMBER GODWIN and motion carried to hold a Council of the Whole meeting on December 18th at 6 PM. The vote: All yes.
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to adjourn the meeting at 8:42 PM. The vote: All yes.
Respectfully submitted,
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Kris King, Clerk-Treasurer
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Mike Schwab, Mayor