April 3, 2017 - Meeting Minutes

MINUTES
BREWSTER VILLAGE COUNCIL
APRIL 3, 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.

MEMBERS PRESENT:

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

 

VILLAGE OFFICIALS:

Kris King, Clerk-Treasurer                             Mike Miller, Village Administrator (VA)
John Anthony, Solicitor

 

MINUTES FROM THE MARCH 20, 2017 REGULAR COUNCIL MEETING:

Mayor Mike Schwab asked if there were any additions or deletions to the March 20, 2017 Council meeting minutes. 

COUNCIL MEMBER THARP 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 MACKEY and motion carried to accept the bills in the amount of $ 59,159.18.  The vote: All yes.

Councilman Hilliard explained that his concern with the Menards bills is that many of the items that are purchased could be purchased here in town and we should support our local businesses.

AUDIENCE:

Ray Heitger, Chief Keith Creter, and David Caldwell

GUEST:

County Commissioner Bill Smith spoke about Issue 1 on the May 2nd ballot.  It is the renewal of the ½ % sales tax that is used strictly for criminal justice.  The issue is being brought forward 2½ years early to ensure that funding will be available for the replacement of an antiquated radio system that Motorola will not support after 12/31/18.  The County wishes to partner with the State of Ohio to purchase the MARCS Radio System that will allow all Ohio agencies to communicate with one another.  The goal is to have one interoperable system of communication with one focus: Saving lives and property.  This platform is for all of Stark County.  The County will provide towers and consoles; communities must provide the radios if they choose to be on the system.  The County will help communities apply for grants to help with the cost of the radios which is about $3,000 each.  There will also be a monthly cost of up to $20 per radio.  Councilman Tharp provided a draft resolution for Council to review in support of the tax renewal.

Councilman Hilliard left the meeting at 7:25 p.m. due to illness.

CONSIDERATION OF ORDINANCES:  Titles of each read by Solicitor John Anthony

ORDINANCE 19-2017:  An Ordinance Authorizing the Adoption of an Employee Jury Duty and Witness Leave Policy and Its Addition to the Employee Handbook was given third reading.

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to pass the ordinance as read.  The vote: All yes.

ORDINANCE 20-2017:  An Ordinance Authorizing the Adoption of an Employee Voting and Precinct Election Official Leave Policy and Its Addition to the Employee Handbook was given third reading.

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

An Ordinance Authorizing the Adoption of an Employee Bereavement Pay Policy and Its Addition to the Employee Handbook was given third reading.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP to pass the ordinance as read.  VA Miller reported on some changes to the ordinance that Council may wish to consider along with comparisons to other communities in the area.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to table the ordinance in order to incorporate the changes and to provide an amended draft for Council’s consideration.  The Vote: All yes.

ORDINANCE 21-2017:  An Ordinance Authorizing the Adoption of an Employee Employment Categories Policy and Its Addition to the Employee Handbook was given third reading.

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

Second Reading: An Ordinance Authorizing an Agreement with Stark County Commissioners for Paving and Maintenance of Elton Street E. was given second reading.

First Reading: An Ordinance Authorizing the Vacation of Alley – Rutland Place – was given first reading.

First Reading: An Ordinance Authorizing the Vacation of Alley – Bessemer Court – was given first reading.

First Reading: An Ordinance Authorizing the Adoption of an Employee Flex Time Policy and Its Addition to the Employee Handbook was given first reading.

RESOLUTION 22-2017:A Resolution of Congratulations to Village Resident Michaela Casperd on Earning Dean’s List at Walsh University was given first reading.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to pass this informal resolution at first reading.  The vote: All yes.

RESOLUTION 23-2017: A Resolution Voicing Opposition to the State’s Centralized Collection of Municipal Business Income Tax Legislation was given first reading.

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

RESOLUTION 24-2017:A Resolution of Congratulations to Village Resident Sydney Colucy on Earning Dean’s List at Walsh University was given first reading.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to pass this informal resolution at first reading.  The vote: All yes.

RESOLUTION 25-2017: A Resolution Recognizing Village Office Personnel Joyce Cunningham, Debbie Cline, Tammy Fox, Dorothy Holland, and Village Clerk-Treasurer Kris King on Administrative Professional’s Day.  The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to draw up a resolution in support of Issue 1 on the May 2nd Ballot for the renewal of the ½ % income tax renewal and declaring and emergency.  The vote: All yes.

RESOLUTION 26-2017: A Resolution in Support of the Renewal of the Stark County 0.5 % Criminal Justice Sales Tax for an Additional Eight (8) Year Term to Ensure the Continuation of the Adequate Funding of the Criminal Justice Services in Stark County and Declaring an Emergency was given first reading.

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

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to pass the legislation as presented.  Councilman Tharp discussed how the income tax has benefited the County and how they are focusing on what really needs to be taken care of and requiring justification of expenditures.  The vote: All yes.

MUNICIPAL DEPARTMENTS:

Fire Department: Chief Chris Colucy (excused)

VFD hosted a presentation: Rover Natural Gas Pipeline Project (two -42-inch dia.) south of the Village.  These are in gas form.  The Utopia Gas line will be north of the Rover line and will be in liquid form.  They are running a 12” line.

The Safety Grant for $100,000 towards a new ambulance was denied; the oldest ambulance was scheduled to be replaced this year.

Police Department: Chief Keith Creter

The monthly activity report was sent to Council electronically.  There were 626 calls in March.

Part time Officer Phil Lewis is attending SWAT Officer training.  This will be beneficial to the Village in many ways.  It will put a Brewster Officer on the Canton Cooperative SWAT Team.

The Crime Watch meeting on March 28th was attended by 42 Fairless residents.  It was very informative and Chief Creter and the Chiefs from Beach City and Navarre will be building the program from there.

Chief Creter spoke on the MARCS System that County Commissioner Bill Smith presented earlier in the meeting.  He is in support of the County Wide Program.

Councilman Tharp brought up paying the auxiliary patrolman and providing uniforms for them until they are trained enough to be considered for part-time positions.

VILLAGE SOLICITOR:Attorney John Anthony

Reviewing measurers to put more teeth in the Village Property Maintenance code.  Solicitor Anthony discussed the current process.  VA Miller stated the ordinance needs to be beefed up.  Mediation was also discussed.

COMMUNICATIONS:

Stark Health Department:  Case of a raccoon with rabies in New Franklin (20 miles north on SR93)

Utopia Ethane Pipeline (12-inch line) will be installed just south of the Village Corp. limits.

VILLAGE ADMINISTRATOR: Mike Miller

Administrator’s report for period 3/21/2017 thru 4/3/2017:

  • Street Department. Job interviews were conducted for the position of Village Technician – Street. We are in the process of completing a background check on our preferred candidate. This candidate would be primarily assigned to the Street Department. The hiring of this individual fills the vacancy left by Jim Spivey’s move to the Water Department, and brings the Street Department back to two (2) employees as it begins a number of new projects.

The preferred candidate we have in mind has extensive street and utility construction experience. The preferred candidate has submitted to a criminal background check. We have checked his references. Provided he passes the criminal background check, we would like to make a conditional offer of employment. However, we cannot make a conditional offer of employment until Council grants authorization to fill the position. We want to move quickly to assure we get our preferred candidate on board.

I am therefore requesting authority to hire a Village Technician – Street at the entry rate of $17.95 per hour subject to his passing a criminal background check and any other required conditions.

  • Water Department. Eugene Pepper officially retired March 31, 2017. I have provisionally replaced him with Mike Maybaugh. Mike Maybaugh is the only current employee who has the required license (OEPA Class II Water) to be appointed as Water Superintendent. I would ask that Council confirm that appointment.

I request that Council formally approve his appointment as Superintendent of Water effective April 1, 2017.

Also, Jim Spivey has received his OEPA Class I License effective March 17, 2017. Jim will need to wait a minimum of two (2) years (for experience) and pass the test to receive his OEPA Class II Water Certification.

  • Wastewater Treatment Plant. With Mike Maybaugh’s move to Water Department, I have provisionally replaced him with Dan Klein as Superintendent of Wastewater Treatment Plant.

I request that Council formally approve his appointment as Superintendent of Wastewater Treatment Plant effective April 1, 2017.

  • Utilities Department. We have rewritten the rules regarding landlord/tenant utility accounts. We have also adopted a Medical Certification Form and have a Ohio Office of Consumer’s Counsel Fact Sheet available describing its application to the shut-off process.
  • Electric Department. The two (2) active job descriptions for the Electric Department have been finalized, and preliminary work has been completed on comparable compensation.
  • Equipment – Street Department: The truck bed of the truck used by the Grounds Maintenance Technician has numerous holes. We have received three (3) quotes to have a replacement (stainless steel for extended life) bed mounted on the truck. The lowest quote was submitted by Fallsway Equipment Company in the amount of $13,150 (per State Cooperative Purchasing). The quote is nearly $2000 less than the next lowest quote.

Unless there is an objection from Council, I plan to proceed with the purchase so that the vehicle can be ready as soon as possible.

  • Bereavement Leave. I sent an e-mail out to Council pointing out that a question was raised regarding whether Bereavement Leave as proposed is “paid” or “unpaid” leave. That question also turned up an “inconsistency” I want to make sure Council is aware of all of the potential “issues” involved with the policy as drafted.

I pointed out that there are some additions to who bereavement leave can be used for when compared to our current bereavement policy. The additions from the current policy are:

  • an employee’s significant other;
  • an employee's step-brother or step-sister;
  • an employee's current son-in-law or daughter-in-law;
  • your current spouse’s grandparents;
  • your current spouse’s grandchild;

However, because the current policy and the draft policy before Council BOTH “use paid sick leave to maintain their earnings during unpaid bereavement absences”, I used the same definition of immediate family adopted by Council on December 19, 2016 in the Sick Leave Policy for consistency. So there are only two (2) additions from the sick leave definition: your current spouse’s grandparents and your current spouse’s grandchild.

My reasoning was that other “in-laws” are covered, and those additions make sense since an employee would be able to take leave for their own grandparents and grandchildren. When I wrote the e-mail, ten (10) of fourteen (14) comparables in the table I attached covered “grandparents-in-law”, although inexplicably (in my opinion) only one (1) out of the fourteen (14) cover “grandchildren-in-law” or “step-grandchildren” I have since updated the table. Now 11 out of the 19 covered “grandparents-in-law” and 3 out of 19 cover grandchildren-in-law” or “step-grandchildren”.

Beyond for whom bereavement leave can be used, there is another issue. The policy in front of Council classifies Bereavement Leave as UNPAID. It allows deduction from sick leave. Again, the current policy states:

                “… use paid sick leave to maintain their earnings during unpaid bereavement absences”

As has sometimes happened here before, the “past practice” is different than the written policy. The past VA instructed the Clerk-Treasurer that the way Brewster was doing Bereavement Leave was wrong, and it has been “paid” leave without charging. He instructed that Bereavement Leave should NOT be unpaid or charged off to sick leave. This is consistent with Ohio Revised Code (attached), but …   it is not “wrong”

For the record, the new comparable table shows that Brewster is one (1) of only four (4) comparables that charge Bereavement Leave off to sick leave – fifteen (15) others have bereavement as paid without charging it off to sick leave, as well as the Ohio Revised Code.

So, before a revised Bereavement Policy is adopted, I would like to have a conversation about it, so that it can be rewritten if necessary.

  • CRA Reports. All three (3) of the required reports for the Village of Brewster’s CRA have been filed with the Ohio Development Services Agency: Specific Agreement, Residential Report, and The Annual Report.
  • Water Back-up Generator. Wood Electric is continuing with its progress to move the WWTP back-up generator to the Water Treatment Plant. I will keep Council informed as to the progress.
  • W&LE Railway would like to rent Bimeler Park on August 12th for a company picnic.
  • Spring cleanup was discussed.  Having a dumpster the week of April 17th was discussed.  Councilman Godwin stated that was too soon because it needs to be advertised on the back of the bills in the newsletter.  Councilman Tharp stated it is important to keep the public informed.  He is okay with just having dumpsters and no curb pick-up as long as the residents have proper notification.  Councilman Mackey asked if curbside or dumpsters was more beneficial to the residents.  Councilman Fox suggested having an outside hauler come in and get it all done on a Saturday.  VA Miller will contact Meta-Waste and Miller to get prices and make a decision.
  • Councilman Tharp asked about the tree in front of 283 W. Main St.  VA Miller stated it is on the removal list.

VILLAGE MAYOR: Mike Schwab

1.             UPDATE - AMP SOLAR PROJECT      

  • Fairless Purchase Agreement has been submitted to Fairless’s Attorney for review. Since last Council Meeting, Village Surveyor has completed the plat and legal description for the Fairless property purchase and digital copy has been provided to be included in the Draft Fairless purchase Agreement as Exhibit A.
  • Our intent is to get the Fairless Purchase Agreement completed before May 1st.
  • VA and the Village Surveyor located a proposed easement that will provide access across the Army Corp Levee for an Electric Line to connect Solar Field to Brewster electric grid.  The easement drawing and legal description is being prepared.
  1. REHASH - Ohio AG/Ohio EPA Consent Decree Case vs. Walkers/Hillview
  • Judge Farmer has ordered post hearing briefs to be submitted by Walkers and Ohio AG by March 31st, with reply briefs due by April 7th.
  • A Ruling is expected from Judge Farmer shortly after.

3.            REHASH - Ohio Insurance Services OPEC – HC Update

  • Frank Harmon of Ohio Insurance Services has been asked to provide the following by April 30, 2017:

                1. OPEC’s Proposed premiums to cover each employee category in 2018.

                2. Cost to Brewster to decline renewal & how the negative Reserve Balance affects that cost.

  • Mr. Harmon will be reminded of this request and deadline at week’s end.
  1. 2017 Grant Application submitted to Stark-Wayne-Tusc. Joint Waste Management District
  • Grant Application (April 1 submittal deadline):
  • Increase size of current Yard Waste Drop Off site concrete pad from 28’ X 32’ to 48’ X 48’,

                    Including two rows of a Bunker Block surround this site proposal = $7300.00

  • Place Recycling Drop Off Site Bins on a 65’ X 30’ concrete pad providing a stable surface for placement of the seven Recycling Bins and a surface for vehicles and residents using the Bins, instead of current limestone area.  Estimated cost for 65’ X 30’ Pad = $ 9900.00
  • Grant amount submitted = $ 17,200.00
  • Village would provide In-Kind labor & equipment costs of $ 4032.00 for oversight of construction of the concrete pads by a contractor and for employees positioning the 30 Bunker Blocks for the surround (Bunker Blocks = 2’ X 2’ X 6’ and weigh 4000 lbs. each)

5.            REVISIT - Paramedic Program Revenue/Expenses

  • On March 30th:  2017 Revenues= $ 30,596.74

                                2017 Expenses  = $ 30,564.94

                                Fund Balance     = $ 61,523.32   (up slightly from $ 61,491.52 on 12/31/2016)

  • This fund is at break-even through first quarter of 2017
  • Billing measures being explored by Jen Mohler assisted slightly by Mayor:             

                1. Creation of a letter to be submitted under the signature of a Village Official for those using       the service that either do not provide needed information, provide a signature on a form, or               who keep the insurance check.

                2. Using a collection agency for non-payment for the same reasons.

                3. At first analysis, if this is initiated it would provide a small increase in revenue, but may be fair.

                4. Council will have final decision.

Letter to Council: Chief Creter has completed his six-month probationary period and the Mayor recommends that Council finalize his appointment as Police Chief.

VILLAGE CLERK-TREASURER:Kris King

March 21 – April 3, 2017

  • March Financials and the Year-to-Date reports provided to Council.
  • Worker’s Compensation:  The Village will receive $8,320 reduction in premium in 2018 for participation in Group Rating Program through CompManagement.   
  • OhioCheckbook has received our test file.  They will be processing the file and getting back to us when it is ready for review before going live on their website.
  • The Village received the 100% Reward from Stark County Safety Council for having no days off due to accidents.
  • Discussed the police J-grant and how it affects the budget.

COMMITTEES or COUNCIL REPORTS:

Report: March 28th – Crime Watch meeting at FHS conducted by County Prosecutor Office

Copy of Minutes of CRA Housing Council Meeting on March 20th

Copy of Minutes from 03/20 Public Hearing concerning medical marijuana zoning amendment

REMINDER: May 1st at 6:45 pm Public Hearing - Rezoning Parcels 7001556 & 7001558 from R-1 to I-1

PENDING PROPOSALS FROM PAST MEETINGS:

1. Council appointment of one member to the Village Board of Income Tax Review

2. From Village Solicitor: A Draft of a Wireless Communication/Right of Way Ordinance  

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

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to approve the final appointment of Keith Creter as Village Police Chief.  The vote: All yes.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to authorize the VA to hire a Village Technician – Street at the entry rate of $17.95 per hour subject to his passing a criminal background check, physical, and drug screen.  The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to prepare a resolution of appreciation for Eugene Pepper’s 31-years of service to the Village of Brewster.  The vote: All yes.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to approve the appointment of Mike Maybaugh as Superintendent of Water effective April 1, 2017.  The vote: All yes.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to approve the appointment of Dan Klein as Superintendent of Wastewater effective April 1, 2017.  The vote: All yes.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to create Wireless Communication/Right of Way legislation.  The vote: All yes.

Councilman Tharp asked if the truck bed discussed in the VA’s section of the meeting could be fixed instead of replaced.  VA Miller stated the bottom of the bed was too rotted out and it needed replaced.

AUDIENCE COMMENTS:

Ray Heitger stated that June would not be good for spring cleanup with a concert scheduled.  VA Miller stated he was looking at May.

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to adjourn the meeting at 8:41 p.m.

Respectfully submitted,

Kris King, Village Clerk-Treasurer

Mike Schwab, Mayor