October 16, 2017 - Meeting Minutes

MINUTES
BREWSTER VILLAGE COUNCIL
OCTOBER 16, 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:
John Anthony, Solicitor                                  Kris King, Clerk-Treasurer
Michael L. Miller, Village Administrator 
 
MINUTES FROM THE OCTOBER 2, 2017 REGULAR COUNCIL MEETING:
Mayor Mike Schwab asked if there were any additions or deletions to the October 2, 2017 Council meeting minutes. 
 
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to accept the minutes as presented. 
 
PRESENTATION OF BILLS:
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to accept the bills in the amount of $ 80,592.23.  The vote: All yes.
 
AUDIENCE:
Stuart Rogers, 235 - 7th St SW, provided a draft based on House Bill 175 of the chicken and rabbit ordinance. If passed, the bill states that the lot size determines the number of birds permitted. Mr. Rogers stated It doesn’t restrict size of structures but allows your zoning ordinance to do so. Council Member Tharp asked if HB 175 was out of committee and who was the sponsor.  Mr. Rogers stated it was not out of committee yet. Clerk King stated that Representative Brinkman was the sponsor. Mr. Rogers also met with his neighbors to make sure that everything was okay following the escape of his chickens. Mr. Rogers asked if it was okay for him to touch on another subject. He wanted to know if the pigeon poop had actually been tested and the situation resolved. He stated all this controversy could have been avoided by talking to the neighbors that were complaining.
 
GUEST:
Attorney Charles D. Hall, III, representing Herbert Rearick, suggested the chicken, pigeon, and rabbit ordinance be tabled, he feels it is not ready for passage. Atty. Hall wished to make three points:
  1. There is no health concern. When the health department inspected Mr. Rearick’s property they found no smells, no feathers. The complaint was about the bird poop which he stated was from the starlings nesting at the neighbors.
  2. Creating legislation based on a neighbor’s dispute is not good practice.
  3. Atty. Hall would like to make an emotional appeal. Mr. Rearick is 84 years old and it would be a shame to take away his hobby. He also provided a letter from Mr. Rearick’s doctor stating the pigeons were therapeutic.
Atty. Hall asked that council please give it more consideration before passing.
 
Others in the audience:  Mike Radich, Ryan Swan, Chief Keith Creter, Chief Chris Colucy, Stuart Rogers, Ray Heitger, Andy Codispoti, Herb Rearick, and Sydney Radich.
 
CONSIDERATION OF ORDINANCES:  Titles of each read by Solicitor John Anthony
ORDINANCE 65-2017: An Ordinance Amending Chapter 90 concerning the Keeping of Chickens, Fowl, and Rabbits was given third reading.
 
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN to bring the legislation forward for passage. Councilman Hilliard suggested tabling the ordinance to consider the changes discussed in the committee meeting.
 
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN to table the ordinance. Councilmen Tharp stated there was no point in tabling the ordinance for only one item. All that was needed was removing the pigeons from the ordinance. The vote: Tharp, no; Fox, yes; Godwin, no; Hawk, no; Hilliard, yes; Mackey, no.  Motion fails.
 
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to remove “of at most twenty-four (24) square feet” and “on a regular basis” from Section 4(1), add “neighboring” before residence in Section 4(2), and remove pigeons entirely from the ordinance. The vote: Tharp, yes; Fox, yes; Godwin, no; Hawk, no; Hilliard, yes; Mackey, no. The vote being a tie, Mayor Schwab voted yes to pass the amendments. Motion carries.
 
The vote for the legislation as amended; Tharp, yes; Fox, yes; Godwin, yes; Hawk, yes; Hilliard, yes; Mackey, no. The legislation passes as amended.
 
Second Reading:  An Ordinance Authorizing a Contract with L.O.G.I.C. for RED Center Dispatching for Police & Fire for 2018 (Police = $ 11.51/person = $ 24,816; Fire/EMS = $ 50.26/call = $ 32,820).
 
Second Reading: An Ordinance Authorizing Purchase of a 2017 Ford F450 Lifeline Ambulance thru an Ohio Cooperative Purchasing via Pfund Superior Sales of Ravenna, Ohio. 
 
First Reading: An Ordinance Authorizing the Modification Ordinance 07 – 2012 – Fire and EMS Fee Schedule.
 
First Reading: An Ordinance Authorizing a Contract with a Collection Agency for Delinquent Ambulance Fees and Municipal Income Tax.
 
First Reading: An Ordinance Authorizing a Contract for the Engineering of Jefferson Sewer Main Replacement Project (Contract cost equals $74,353).
 
First Reading: An Ordinance Authorizing the Adoption of an Employee Work Week and Payday Policy and adding it to our Employee Handbook.
 
First Reading: An Ordinance Authorizing the Adoption of an Employee Job Assignments Compensation Policy and adding it to our Employee Handbook.
 
First Reading: An Ordinance Authorizing the Adoption of an Employee Ohio EPA Certification Incentives Policy and adding it to our Employee Handbook.
 
First reading: An ordinance authorizing the adoption of employee miscellaneous incentives policies and adding it our employee handbook.
 
First Reading: An Ordinance Authorizing the Adoption of Chapter 90.20 Concerning Kennels.
 
RESOLUTION 66-2017: A Resolution Approving the Amounts and Rates determined by the County Budget Commission 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.
 
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to pass the legislation as presented. The vote: All yes.
 
Councilman Hilliard asked VA Miller to explain the ordinance concerning the employee worktime policy. VA Miller stated it establishes your work week, method of payment, normal work hours, disciplinary actions, etc.
 
Mayor Schwab stated that VA Miller is requesting emergency consideration for the legislation authorizing a contract for the engineering of the Jefferson Sewer Main Replacement Project. VA Miller stated the sewer line is deteriorating faster than expected and sinkholes are appearing. Councilmember Tharp asked where the money would be coming from to pay for this project. Clerk King stated that $50,000 would come from the Sewer Fund and $25,000 would come from the Sewer Replacement Fund. Councilman Tharp asked if we were to apply for an OPWC grant. VA Miller stated that we would not be able to start the project until July 2018 with this grant. He feels that this project cannot wait that long.
 
ORDINANCE 67-2017: An Ordinance Authorizing a Contract for the Engineering of Jefferson Sewer Main Replacement Project.
 
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to suspend the rule requiring three separate readings and bring the legislation forward for passage. The vote; All yes.
 
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to pass the legislation as presented. The vote: All yes.
 
MUNICIPAL DEPARTMENTS:
Fire Department: Chief Chris Colucy
Chief Colucy reported that a bill was submitted to RJ Corman Railway for a recent fire that entailed three responses. The bill was just under $4000. The fire entailed a grass fire, railroad ties, 12 ½ hours of manpower, and labor piece of hose.
 
The Fire Department has had 596 calls, three ahead of last year.
 
The department was turned down for the recent FEMA grant for the Fire Pumper due to the hurricanes.
 
The department is joining Tuscarawas Township in a grant application for the MARC’s Radio System. The Village could be eligible for up to $75,000.
 
All Fairless third-graders received a backpack, smoke detectors, and letters from the Fire Department. The department had a raffle in order to raise money for this project. Chief Colucy reported that 11 children have passed away in the Akron area within the last year in fires.
 
Council Member Hilliard thanked the guys that helped with the food collection for the Fairless Food Cupboard from both the Fire Department and the Police Department.
 
Council Member Hilliard asked Chief Colucy if he has set a budget for next year. This began a discussion on raises and where the money to support the Fire Department should come from. Chief Colucy stated that these guys deserve a raise and he will not limit the number of people paid on a fire call. Council Member Tharp stated that we need to address the fire budget, he would suggest a special committee set up to discuss the budget. Mayor Schwab stated he has no problem with that as long as something gets done besides talking, he will set up a meeting as long as shit actually gets done. Council Member Tharp stated it needs to be a small group and not all six sitting around this table. Chief Colucy said the guys read the minutes and then he has to put out the fires because the Firemen are upset.  The Chief stated that the little bit of money coming from the Village is what gets these guys out of bed for the calls. He feels he’s getting beat up on both ends. There was a discussion on separating calls according to where the runs were made and a discussion on nursing home runs.
 
Council Member Fox asked about smoke detectors. He wants to know what a good one would be. Chief Colucy stated the ones that range from $10-$15 are good ones and not to purchase the $3 smoke detectors.
 
Police Department:Chief Keith Creter
New Part Time Officer DJ Wesie, Jr. took his Oath of Office on Friday.
 
Chief Creter stated the department has applied for a CJIS grant for the MARC’s radios, the deadline is December 22. The total cost of the radios for the department will be $16,908. He is not purchasing repeaters at this time. It was asked where the money would come from to pay for this equipment. Clerk King stated the police income tax fund could be used. VA Miller stated that these radios were being purchased through the state co-op and asked Solicitor Anthony if they could be passed by motion. It was discussed that the fire department will have to pass legislation in order to purchase their equipment because it is over $50,000. Radios are not expected to be delivered until next February or March.
 
There was a mock intervention at the Fairless Schools and it went well. The local departments will meet with them again to assist with a crisis plan.
 
VILLAGE SOLICITOR:Attorney John Anthony
Solicitor Anthony discussed House Bill 49, a bill in which local business taxes are collected by the state. It imposes severe penalties on municipalities. There is currently a lawsuit being filed to get an injunction. The Village can join this lawsuit, in doing so, we can elect to be a party to the suit or we can just help support the suit. It would cost the Village $1000 initially. There was also discussion on possible legislation that may need to be passed for January 1, 2018.
 
The Small Cell Wireless Bill that has passed also had suits filed. The state of Texas has 22 cities in a lawsuit against similar legislation.
 
House Bill 373 is currently being discussed. This bill would allow concealed carried weapons in court houses and other government buildings.
 
House Bill 263 is hearing testimony. This bill allows dogs on the patios of restaurants even if the municipality prohibits it. Solicitor Anthony stated this is a continuation of the erosion of Home Rule.
 
Solicitor Anthony provided a rough draft of a kennel ordinance. He had looked at several ordinances in the local area and adjusted them to fit our needs. Solicitor Anthony stated that the best way he feels to control the situation is to create an ordinance limiting the number of dogs. This would be policed and enforced by our Police Department.
 
COMMUNICATIONS:
As a sponsor for both Boys State and Girls State, Village Officials are invited by the American Legion and the Legion Auxiliary to a Veterans Day dinner on November 9 at 6 PM; reservations are accepted until October 30.   
 
Commissioner Creighton and Sheriff Maier letter: Reminder that the special pricing for the MARC’s radios to be purchased for the Fire Department and the Police Department ends on December 22, 2017.
 
VILLAGE ADMINISTRATOR: Mike Miller
Administrator’s report for period 10/3/2017 thru 10/16/2017:
  • Jefferson Ave SE Sanitary Sewer Main Replacement Project.  Legislation has been prepared for the design and preparation of bid documents for the Jefferson Ave SE Sanitary Sewer Main Replacement Project. There is a concern about the status and the potential issues that would occur should the sanitary main (or associated manholes) fail (it serves the vast majority of Village residents).  He is requesting the legislation be passed under emergency.
 
  • Health Insurance. Council will have to amend ordinance 15-2005 which provides for stipends for waiving insurance coverage. The Stark County Schools COG Health Plan prohibits its members from providing incentives to waive insurance coverage (employees may decline coverage, but not be “paid” for doing so). This affects two (2) employees immediately (January 1st).
 
The Law Director has reviewed and rendered his legal opinion.  The elected Clerk-Treasurer will continue to receive the stipend until the end of her term.
 
  • Water. Wood Electric has continued on the Water Department back-up generator. The generator was exercised October 6th, and ran fine. We expect to be completed within the next few weeks.
 
  • Sidewalks – Trip Hazards. SafeSidewalks completed their work to address 66 locations (grind to eliminate trip hazards).
 
  • Employee Handbook Policy. In reviewing our Attendance & Punctuality policy, I have reformatted it to fit our revised Employee Handbook and added some language to clarify some issues, and added language regarding leaving early. I have previously distributed a marked-up version, showing existing language and new language.
 
I am requesting that Council adopt 3.10 Attendance, Punctuality, & Leaving Early 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. 
 
  • Employee Handbook Policy. In reviewing our Attendance & Punctuality policy, which has a portion regarding Report Off, I have reformatted it to fit our revised Employee Handbook and added some language to clarify some issues. I have previously distributed a marked-up version, showing existing language and new language.
 
I am requesting that Council adopt 3.11 Report Off 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. 
 
  • Employee Handbook Policy. As Council is aware, I am still reviewing our Employee Handbook.
 
An area that our Employee Handbook hasn’t addressed is the Unpaid Leave of Absence. Because of various issues, primarily reasonable accommodation as it relates to ADA and State Law regarding unpaid time off for pregnancy we need to provide a process. Towards that end, I have written a new policy 4.14 Unpaid Leave of Absence.
 
I am requesting that Council adopt 4.14 Unpaid Leave of Absence 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. 
 
  • Employee Handbook Policy. In reviewing our EEO Policy, I have reformatted it to fit our revised Employee Handbook and added some language to clarify and expand on some issues. I have previously distributed a marked-up version, showing existing language and new language.
 
I am requesting that Council adopt 6.02 EEO 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. 
 
  • Tree Removal. Haymaker Tree and Lawn has completed the Fall tree removal and ground all the stumps.
 
  • Tree Replacement. We have completed the process of gathering information about what trees are available from various local vendors, and finalized the list for the purchase of trees to replace those removed during 2017. We will be purchasing trees from five (5) different vendors: Moyer’s, Fredericksburg Greenhouse, Reedurban, Rice’s, and Yoder’s Greenhouse (Yoder purchase is complete).
 
As previously stated, a total of 41 trees were removed in 2017. The trees being purchased will not necessarily be replacing trees in the same locations where trees were removed from. There is an emphasis on adding trees to Sabo Park as part of the changes to the disc golf course, as well as adding trees to Bimeler Park.
 
Planting has already begun with the addition of 2 sycamore trees to the Boulevard.
 
  • Leaf Pick-up. We began the leaf pick-up program today, Monday, October 16th. The plan is to continue the program through November 22nd, weather permitting. There may be some pick-up after that date.
 
  • Brewster Cheese. We are still awaiting final information fromBrewster Cheese to solidify what steps need to be taken by Brewster to be able to deliver additional electricity for their upcoming expansion.
 
  • Brewster Cheese. We received an application for a Zoning Variance from Brewster Cheese. It is for height, seeking to exceed the maximum 45 feet to increase to 87 feet for five (5) silos. The application was received prior to November 1st, the timeline is to schedule a Zoning Board of Appeals meeting November 16th.
 
  • Old North Fire Station. The old shingles have been removed, the sheeting inspected, and a membrane and metal roof have been installed on the Old North Fire Station. The spouting that remains (about 2/3rds) will be removed and replaced in the next couple of weeks. The shingles were lifting from age and heat, so after receiving quotes from 6 roofers, we went forward with low “bidder” Troyer Roofing out of Apple Creek for $5,050.00 for both the roof and spouting.
 
  • WWTP Sludge Building Roof. In the next month or so, the existing roof at the WWTP Sludge Building will be removed and replaced with a metal roof. It is a failing fiberglass panel roof, and after receiving quotes from 6 roofers, we went forward with low “bidder” TT Construction out of Orrville at a cost of $12,565.00.
 
From Zoning Commissioner:
Brewster Parke application for an addition to their nursing home building on Mohican Street.
Brewster Cheese zoning variance application for building construction on Harriman Avenue.
 
Council Member Hilliard asked the VA if the light at 25 Main St. SW. had been replaced. VA Miller stated he would look into it. Council Member Hilliard also stated there are still poles that need to come down. VA Miller stated he is having problems getting Frontier to remove their lines.
 
Council Member Fox asked if Brewster Cheese was going to require an upgrade on our substation for their new additions. VA Miller stated we are waiting to get more information from them. He also stated department two separate feeds is being researched. Councilman Fox then asked what was happening with the Northside substation. VA Miller discussed scrapping or it being used for training. Councilman Fox also asked about the trimming of the trees on Huron Street and Pinewood Street. He also asked whether the ditch cleanup on Mohican was going to happen this year. VA Miller stated it needed to be done before spring.
 
Councilman Godwin stated that the right-of-way at the railroad needs mowed.
 
VILLAGE MAYOR: Mike Schwab
From last meeting: The Recycling Bins Concrete Pad Project has been completed at a cost of $10,220. This was funded by a Waste Management District Grant. VA Miller has submitted the construction bill to the Waste Management District. Mayor Schwab provided a picture of the area.
 
Jefferson Health Plan officials report that at this time the Brewster share of the OPEC – HC deficit is $32,815.35, this is not the final figure. The deficit payment would be due by March 31, 2018 if the Village chooses not to go with JHP.
 
Mayor Schwab suggests a Finance Committee meeting be scheduled to review the employee compensation proposal from the Employee Compensation Committee and other financial matters.
 
Mayor Schwab provided a memo explaining the recommendations of the Employee Compensation Committee. Along with this, he provided two draft ordinances. The first ordinance is for 2018 and second ordinance covers 2018, 2019, and 2020.
 
Mayor Schwab would like to set up a special Fire/EMS Finance Committee to discuss the Fire Department compensation and other budgetary issues. He would like to include the village clerk, the VA, the mayor, Chief Colucy, and two members of Council.  Councilman Tharp and Councilman Hawk volunteered to be on this committee.
 
VILLAGE CLERK-TREASURER: Kris King  
October 3rd, 2017 through October 16th, 2017:
September Fire Pay = $7,385.40.
 
Flu shots have been scheduled for October 18th at 8:00am.  They are available for residents at a cost of $30.00.
 
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 from 10/02 - review of Employee Compensation Committee’s recommendations for 2018 Village Budget.
 
Tonight: Safety Committee Meeting was held to discuss the proposed regulations of animals
 
REMINDER:         Trick or Treat - Tuesday, October 31 from 6 pm to 7:30 pm
                                Halloween Party after Trick-or-Treat in Bimeler Park
 
PROPOSALS FROM PAST MEETINGS:
Resident: Two Handicap Parking spaces in front of 184 Fourth St SW; Street Committee review?
 
OLD or NEW BUSINESS: (Council Rules dictate a one meeting review period for expenditures, unless deemed an emergency)            
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to create legislation for two handicap spaces in front of 184 4th St. SW. Councilman Tharp is concerned about the number of spaces being requested throughout the Village.  The vote: All yes.
 
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to schedule a Finance Committee meeting on November 6th at 6:30 PM. The vote: All yes.
 
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to schedule a Special Fire/EMS Finance Committee meeting on November 20 at 6 PM. The vote: All Yes.
 
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to amend Ordinance 15 – 2005 concerning the health insurance waiver. Councilman Hilliard suggested putting the clerk’s compensation in the wage ordinance. The vote: All yes.
 
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to enter into contract with Motorola through Staley Technology for the Police Department’s MARC’s radio system. The vote: All yes.
 
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCILMEMBER FOX and motion carried to create legislation for the owning, keeping, and harboring of certain pigeons. The vote: All yes.
 
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to schedule a Parks and Grounds Committee meeting on December 4 at 6 PM. The vote: All yes.
 
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to authorize the fire pay of $7385.40 coming from the Fire Equipment Fund. The vote: All yes.
 
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to draw up legislation adopting 3.10 Attendance, Punctuality, and Leaving Early Policy and adding it to our Employee Handbook. The vote: All yes.
 
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to draw up legislation adopting 3.11 Report Off Policy and adding it to our Employee Handbook. The vote: All yes.
 
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to draw up legislation adopting 4.14 Unpaid Leave of Absence Policy and adding it to our Employee Handbook. The vote: All yes.
 
COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to draw up legislation adopting 6.02 EEO policy and adding it to our Employee Handbook. The vote: All yes.
 
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to draw up legislation for the Fire Department purchase of radios for the MARC’s System pending grant approval. The vote: All yes.
 
VILLAGE SPEAKS:
Council Member Hilliard requested a road close sign at Seventh Street and Harriman Avenue. He stated he saw someone almost hit the barriers. VA Miller stated there is reflective tape on the barriers.
 
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to adjourn the meeting at 8:51 p.m.
 
Respectfully submitted,
 
____________________________________________________
Kris King, Clerk-Treasurer
 
____________________________________________________
Mike Schwab, Mayor