November 21, 2016 - 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.

MEMBERS PRESENT:

Mike Schwab, Mayor

VILLAGE OFFICIALS/EMPLOYEES PRESENT:

MINUTES FROM THE NOVEMBER 7, 2016 REGULAR COUNCIL MEETING:

Mayor Mike Schwab asked if there were any additions or deletions to the November 7, 2016 Council meeting minutes. 

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

PRESENTATION OF BILLS:

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to accept the November 21, 2016 bills in the amount of $ 375,344.24.  The vote: All yes. 

AUDIENCE:

Blake Brenner, Tuscarawas Township Trustee, was in attendance to discuss the fire department contract.  The Township is serviced by Brewster Fire Department, East Wayne Fire District, and North Lawrence Fire Department.  The Township has two levies that support the fire contracts, one is a renewal and one is a replacement.  The levies do not expire for a couple of years and he would like to meet with the Fire Department before the next election takes place to discuss their needs.  Mr. Brenner stated he receives great reports about the service provided by the Brewster Fire Department.

Audience in attendance: Ray Heitger and Ann Margaret Lambo.

CONSIDERATION OF ORDINANCES:

An Ordinance Authorizing an Employee Compensatory Time Policy was given third reading.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX to pass the ordinance as presented.  Councilman Hilliard to make note that the amount of hours that could be accumulated was increased from 80 to 100 in Section F.  He also did not like where it said “may” and felt it should say “must” use within 180 days.  Not to say we have an old work force but we have a lot of guys with a lot of years and he feels it short changes us.  He is not in favor in extending it.  It is adding too many hours with vacation, sick, and holiday hours.  VA stated that if we require employees to use it then we have to pay them for it.  It benefits the Village more than the employee.  It helps even out the budget.  It would also be a challenge to track it from the time it is earned until the time it is used.  No one has ever gone over the eighty.  VA wants to make sure it is considered as worked hours in computing overtime.  He stated that Wage and Hour would calculate it in this manner.  Councilman Tharp asked for an example of when we would require an employee to use their hours within 180 days.  VA stated this is an example where it is important to have work rules.  What seems common sense to one person can be construed as an opportunity for another to take advantage and abuse the system.  This enables administration to take care of a situation where abuse is taking place.  Councilman Tharp asked Councilman Hilliard what number of hours he would feel comfortable with for the limit in Section F? Councilman Hilliard stated he was okay with the 100 hours.  Councilman Hilliard asked if comp time carried over to the new year.  VA Miller stated that it can if not used.  Councilman Hilliard asked if the computer system tracks vacation, sick, and comp time.  Clerk King stated the system will be able to track vacation and sick but the comp will be tracked manually as it always has.

VA Miller moved on to amending the ordinance to include a section that states that comp time counts towards hours worked in the computation of overtime.  Councilman Tharp stated that he does payroll at the Board of Elections and they have to physically work 40 hours before receiving overtime.  VA Miller stated that if that’s in their policy then unless they are challenged it shouldn’t be a problem but that it could be challenged because comp time is actually hours the employee has already worked and has banked for future use.  Councilman Tharp asked the Solicitor to look into it.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to table the ordinance until the Solicitor can provide an opinion.  The vote: All yes.

Second Reading: An Ordinance Authorizing Adoption of Employee Cell Phone Policies.

Second Reading: An Ordinance Authorizing a Contract Renewal with Village Prosecutor Ian Crawford.

Second Reading: An Ordinance Authorizing a Contract Renewal with Village Solicitor John Anthony.

Second Reading: An Ordinance Authorizing Agreement for RCAP GIS Services.

First Reading: An Ordinance Authorizing the 2016 Supplemental Appropriations.

First Reading: An Ordinance Authorizing a General Fund Transfer.

First Reading: An Resolution Authorizing the 2017 Temporary Appropriations.

First Reading: An Ordinance Authorizing an Employee Sick Leave Policy and an Employee Sick Leave Policy and an Employee Sick Leave Pay-out Policy.

First Reading: An Ordinance Authorizing an Employee Probationary Initial Appointment Period and an Employee Probationary Period.

First Reading: An Ordinance Authorizing a Village Employee Wage Increase effective January 1^st, 2017.

MUNICIPAL DEPARTMENTS:

FIRE DEPARTMENT: Chief Chris Colucy

Chief Colucy had set up the visit from Tuscarawas Township Trustee Blake Brenner to speak to Council and plans to schedule a sit down with him at a later date.

BWC Power Grant application has been approved by the BWC; Cots will be ordered this week.  Village cost is around $30,000 and there is an eight week lead time.

The ladder and pump testing is all complete and all the equipment passed.  The first squad out is down for electrical issues.

Calls were down last month.

Lexipol: A service that provides state-specific, public safety policies and policy training that the Police Department is looking into does not fit for our Fire Department at this time.

Chief Colucy is recommending the promotion of Roger Carpenter Jr. to the unpaid Lieutenant position pending Council’s approval.

POLICE DEPARTMENT:Chief Keith Creter

Lexipol: A service that provides state-specific, public safety policies and policy training.  Chief Creter provided information and is requesting an expenditure of $ 2,941.00 for 2017.  He explained the benefits of the program.  Chief Creter also stated that our insurance company encourages the purchase of this service.

Tentative Police Plans for 2017: Mayor provided Council with a handout with the following information:

Village Clerk King advises that any new tax dollars received from the additional 0.5% Village Income Tax recently approved by the Brewster Voters will not be realized until the second quarter of 2017.   Please keep in mind that the new tax dollars will be received as they are generated throughout the year.  This factor provides that planned enhancement of operations in the PD will need to be eased into in the early months of 2017.   I would also advise that these new tax dollars need to be expended wisely.  On November 18^th, Chief Creter sat down with Village Clerk King, VA Miller, and the Mayor to discuss budgeting the new tax dollars in 2017.

School Resource Officer:

• Increase School Resource Officer Benny Truman’s hours in Fairless Schools to forty hours per week beginning on January 1, 2017    

1.         Once the new tax dollars begin to be received, plans are to use those new tax dollars to support the School Resource Officer’s compensation and benefits   

2.         It is believed that the 2016 carryover and the initial 2017 budget will support the increased hours until the new tax dollars begin to be received in the second quarter of 2017

Training:

• State of Ohio mandates 20 hours per year continued training for Police Officers each year.   The cost of this training is partially reimbursed by the State
• As funding becomes available, plans are to work toward 8 hours of additional training for each Village Police Officer in each Quarter of the year in 2017 and beyond
• As funding becomes available, additional training for D.A.R.E., the SRO Officer, the Lead Investigator, Firearms Instructor training, and so forth will be initiated

Equipment:

• As funding becomes available, plans are to purchase four Body Cameras at a total cost of $ 3800 including an extended warranty for each
• Additional funds will provide the Village match for Grants such as in-car camera systems and so forth
• NOT TO BE TAKEN FROM NEW INCOME TAX FUNDS – FYI: In 2017 Council will be asked to replace the 2009 Crown Vic Police Cruiser that has 189,000 miles. This is on the established three-year replacement cycle.   The estimated cost is $ 35,000 for an outfitted Ford Explorer w/Police Package, radios, light bars, decals, and so forth

Investigations: Additional hours for the Lead Investigator

• As additional funds become available, plans are to allow additional shifts for investigations to be completed
• This could entail one to two shifts a week dependent on the work load. (8 to 16 hours/week)
• The shift normally covered by the Lead Investigator would be covered by Part Time Officers

Ask Council to create a Police Income Tax Fund

• State Law requires a separate fund for the new Income Tax dollars
• Council consideration under Emergency would have the Fund in place on January 1st

Chief Creter wished to thank everyone that helped make “Fill the Safety Vehicles” a success.  Over 50 items were collected and passed on to the Fairless Food Cupboard 

There were 504 calls in the month of October.

Councilman Mackey asked VA Miller his thoughts on the Lexipol Program.  VA Miller stated it is money well spent. Councilman Mackey asked “if it is good enough for the Police Department, why not use it for the Fire Department?”  VA Miller explained that with the Fire Department being volunteer, they did not need the Human Resource material like the PD does.  Councilman Hilliard asked if this needed to be passed under emergency this evening or if it could wait until the next month.  Captain Creter stated that policies change daily if not hourly and the sooner the better.  He discussed how the Officers used the system and how the updates are given to anyone on the system. 

Both the PD and the FD will meet this week with representatives from Shearer Foods to begin a review of Emergency Response Plans by the Village Safety Personnel specific to Shearer Foods.  Councilman Godwin stated it would be beneficial to have a digital layout of the plant.

VILLAGE SOLICITOR:Attorney John Anthony

Solicitor Anthony discussed legislation and how to decide if a subject of an ordinance or resolution can stand alone or be presented with another piece of legislation.  He stated that any piece of legislation can only have one subject.   He stated that provisions germane to the subject can be combined as long as they are included in the title.  Solicitor Anthony presented case files as examples to illustrate.  He stated it is important to keep clarity and that the minutes be exacting.

Solicitor Anthony requested to be excused from the December 5^th meeting due to attending a Local Government Law Conference on December 5^th and 6^th.

COMMUNICATIONS:

Stark Regional Planning advises that there are Grants available for the cleanup of commercial and industrial Brownfields anywhere in Stark County; brochures will be made available at Village Hall.

Ohio Department of Commerce advises that the Village’s 15-year agreement with Massillon Cable TV lapses on January 20, 2017.   VA Miller has contacted MCTV, and will report back to Council.

Department of Commerce: All Liquor Permits in Village are up for renewal and the Village has until February 1, 2017 to comment on any renewal.   Chief Creter will be asked for his comment.

VILLAGE ADMINISTRATOR: Mike Miller

 Administrator’s report for period 11/8/2016 thru 11/21/2016:

Leaf pick-up in the Village continues. We have not established a firm end date, choosing at this point to inform residents we will continue to pick-up leaves until they are all picked up or until the weather stops us from picking then up – whichever event happens first.

I distributed a new purchasing policy regarding “vendor ID Cards”. I will continue to work with Clerk-Treasurer Kris King when requested to update our purchasing policies.

We are still awaiting responses from a number of engineering firms on a proposed scope of services for replacement of filter media at out Water Treatment Facility. Replacement of the filter media is one of the future projects that is part of the Water Department’s Capital Improvement Program (CIP). The firms are to respond to the request by December 2, 2016 and at that time we will review the responses.

I have received a request to vacate the following alleys and street from Brewster Cheese:

• Wandle Court SW from north terminus (parcel 7001447) south to Needham Street SW
• Harriman Avenue SW from 7th Street SW south to south property line of parcel 7000070.
• Rutland Place SW from McKinley Avenue SW to Harriman Avenue SW
• Bessemer Court SW from Rutland Place SW to Needham Street SW

I am in the process of getting quotes for the required survey work prior to submission to Council

In trying address individual policies contained in the proposed Compensation and Benefits Ordinance (29-2016), I have revised Holidays (Section 8C). I previously distributed it to Council along with a comparables table.

I am requesting that Council adopt the 5.01 Holidays Policy and make it a codified ordinance in Chapter 38 EMPLOYEE REGULATIONS of our Codified Ordinances on a non-emergency basis.

In trying address individual policies contained in the proposed Compensation and Benefits Ordinance (29-2016), I have revised Vacations (Section 8B & 9B). I previously distributed it to Council along with a comparables table.

I am requesting that Council adopt the 5.02 Vacation and make it a codified ordinance in Chapter 38 EMPLOYEE REGULATIONS of our Codified Ordinances on a non-emergency basis.

Originally part of the Sick Leave Policy, I have drafted a separate policy addressing 4.02 Sick Leave Upon Retirement or Death. There are changes from the existing policy in our Employee Handbook (last paragraph of Sick Leave in Employee Handbook), which primarily are:

• Eliminating payment on resignation in good standing - since we are only one (1) of two (2) political subdivisions who do it out of fourteen (14) we have data on.
• Adding (or I could say substituting) payment on death for those otherwise eligible. Eight (8) of fourteen (14) pay for resignation or death. It makes more sense if we were paying for resignation to pay on death instead of resignation
• Limiting payout to sick leave earned with Village – not transferred sick leave from another entity

The payout percentage remains at 25% - same as Ohio Revised Code. The payout maximum remains at 30 days – same as Ohio Revised Code.

I am requesting that Council adopt the 4.02 Sick Leave Upon Retirement or Death and make it a codified ordinance in Chapter 38 EMPLOYEE REGULATIONS of our Codified Ordinances on a non-emergency basis.

So that there is no question (especially in the event of an audit), I am requesting that the proposed 3.06 Compensatory Time Policy be amended by inserting language as follows:

G. Compensatory Time Use

         3. The use of compensatory time shall be considered to be hours worked for the purposes of earning and/or computing overtime or compensatory time.

It follows what we do currently, and should be clear anyway because compensatory time is based on hours already worked, but better to be safe (redundant) than sorry.

The ordinance is up for third reading this evening, so I would request it be amended prior to voting on it.

The second of the two (2) contractors engaged to remove dead and/or hazardous trees is in the Village is in the Village and will have the remaining six (6) tress and grind the stumps out in the near future. We have purchased thirteen (13) replacement trees called for in Codified Ordinance. The purchase was made from 3 separate nurseries, based on who had the best price and appropriate trees for planting in our right-of-ways and parks. Our employees will plant them in the near future.

As I have previously informed Council, we received two (2) quotes from Electrical Contractors to move the decommissioned generator from the Wastewater Treatment Plant to the Water Treatment Facility. To assure that we are comparing apples to apples, we had GPD (Dwight Niederkofler) supply a written schematic diagram to assure both are pricing the same work. We are awaiting responses.

We also split the testing of the generator out and are getting quotes separately. We will have that done soon – before we go forward with the move.

We continue to work with RCAP to set up training on the GIS Inventory use and upkeep, which will be finalized once Council approves legislation to participate in the GIS Cooperative, and to get more current information on both projected maintenance/upkeep costs as well as a capital improvement plan to them before they can finalize their Wastewater Rate Study.

MCTV cannot renew the agreement for the franchise fee with the Village.  The agreement was 1% of gross revenues.  The State of Ohio has is now regulating a Video Service Authorization “VSA” which the Village can be a part of and can still receive the 1% but can go no higher unless we let the agreement lapse for three months or more then can receive up to 5% if approved by the state.

Stark County would like to use Village Hall to register Veterans on October 4^th or 11^th, 2017.

Councilman Tharp stated that with the passage of the new income tax, he would like information on getting the streets graded.  VA Miller stated he is already working on that and also wants it as soon as possible.  He stated that the OPWC deadline for matching grants will be in the fall.  The State is micro-surfacing State Route 93 in 2017 and may want to tag on with the contractor performing the work for some small Village projects to save money.

Councilman Hilliard had four questions:

• The contractor the Village used for removing trees used the yard waste to dispose of the wood.  Is this a one-time deal?  VA Miller stated that was part of the agreement for the project and the contractor was only allowed to use the yard waste for this project.
• Is the Village planting any new trees and is Tim Stith assisting in the selection of the locations?  VA Miller stated there are 13 trees and Tim Stith is assisting.
• There are two parcels on the south side of Brewster Cheese and does the Village know of any plans for those parcels?  VA Miller stated no plans are known.  Councilman Hawk stated they may have purchased the parcels in order not to have the 150 foot setbacks required if the parcels are zoned residential.
• Councilman Hilliard had questions whether Baymere Street is in the Village.  Mayor Schwab stated that when the Village annexed the High School, there was an agreement made that even though the Village only has the south side of East Seventh St. that we would maintain both sides to the Village limits.  That does not include Baymere Street.

VILLAGE MAYOR: Mike Schwab

1.         Ballot Issue

Through the approval of Issue 2 on the November 8^th Ballot, Village voters have provided Council and the Village administration with new dollars to expand our Police Department’s ability to better serve Village residents, Fairless Schools, and Village businesses.   In like manner, the Voters have provided new funds to address the maintenance of Village streets.   I would ask Council to join me in spending these dollars wisely in the next five years.  This can only be accomplished through careful examination of the operations of the PD and a new Village Street Program, and through even more careful planning before these precious tax dollars are expended in each of the next five years.   It goes without saying that any planning in these two areas must provide the most efficient programs and projects that give the Village the most bang for the buck.   We must keep our eyes on the ball as these new voter approved funds are expended to show Brewster voters that they made the correct decision.      

2.         AMP Solar Project Phase II UPDATE:

• On December 1^st AMP Representatives, and Village Representatives, will meet with the property owners with whom the Village has been working for possible solar fields to discuss AMP’s purchase of property for an AMP Solar Phase II site
• Details of any Village involvement as this evolves will be presented to Council for their consideration and approval

3.         Hillview’s Private Sewer Facility

• On 11/18/2016 a hearing in the County Common Pleas Court was held to revisit the Consent Decree for the Hillview Sewer system established by retired Judge Brown (07/02/ 2010)
• Ohio EPA was represented by the Ohio Attorney General’s Office
• Mayor was asked to testify, but after approximately two hours of discussions between the AG Attorneys and the Walker Attorney, the Judge moved the 11/18/16 Court Hearing to 02/10/2017.
• The Judge instructed between now and the February 10th Hearing the Walkers are to attempt to reach an agreement with the Village to connect Hillview to the Brewster Sewer System
• Mayor and VA, working with Solicitor Anthony, will provide Council with a recommendation as to the Village’s position.   The basis of this recommendation will be set by Village regulations, past practice, and financial considerations.

4.         Trees in Village

• On November 7^th I suggested that Council create a Tree Replacement Fund and Council directed that Draft legislation be created to create such a Fund
• The Auditor was contacted by Village Clerk-Treasurer Kris King, and the Auditor stated that they do not advise that such a Fund be established.  Kris can expand on the reasons
• The Auditor prefers that line items be created in the General Fund and/or the Electric Fund to accomplish the same goal
• Mayor requests a meeting of the Village Tree Board in January to review available funds for a Tree Program for 2017, to review the current Village Tree Ordinance, to establish a Tree Program for 2017, and to establish a list of Trees appropriate as Street Trees.   (The current Tree Board is Mackey, Hilliard, Stith, and Schwab)

5.         Economic Development Board (Hawk, Tharp, Mayor & VA)

• Request a meeting of the Economic Development Board in January.

VILLAGE CLERK-TREASURER:Kris King

Mayor, VA, and I met with PNC Bank to compare banking services on November 15^th.  Even with added services, there is a substantial savings in fees on our checking account.   I would request a motion to open an account at PNC and provide names of the signers.

There will be an exit conference for the 2014-2015 Audit on November 20^th at 9:00am. 

BWC premium refund in the amount of $1,516.13 has been received.

I contacted Local Government Services (LGS) regarding our request for the creation of additional funds.   The Fire Capital Project Fund: Ohio Revised Code has changed and LGS stated we have to have a specific project listed in the ordinance and once the money is assigned to that project, it cannot be used for anything else.  Water Funds: RCAP suggested four separate funds which we created in the ordinance.  LGS stated they would approve two of the four without question but are contacting RCAP because they did not see the sense in the remaining two funds.  The second operating fund and the reserve debt service fund in addition to a debt service did not make sense to LGS.

Working on year-end legislation and the 2017 Budget. 

Sewer Funds recommendation:

• Increase the Sewer Debt Fund monthly deposit to $ 21,500.00 from collections. 
• Keep the Sewer Replacement monthly deposit at 4% of collections. 
• Will need legislation to make this happen.

Recommend creating a Police Income Tax Fund to track funds generated by the additional income tax for the Police Department.  I spoke to the Local Government Services and they had no problem with us using the Street Improvement Fund for the additional income tax for the streets.  This fund had been created many years ago when the first street income tax passed.

Updated Village Debt worksheet provided to Council.

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

November 7, 2016 Minutes from Council’s Public Hearing for the Rezoning of Parcels 7000247 & 7000248.   Council approved the Rezoning via legislation on November 7, 2016.

EXPENDITURE REQUESTS from past meetings:

REMINDERS:

                December 12th at 6:30 pm new Fire/EMS Financial Committee Meeting

                December 14^th at 6:30 – 7:30 pm Children’s Christmas Party

               January 19^th at 7 pm Planning Commission Meeting

PENDING PROPOSALS FROM PAST MEETINGS:

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 FOX and motion carried to schedule a Finance Committee meeting on December 19^th at 6:00pm to discuss quarterly transfers.  The vote: All yes.

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to enter into a contract with Lexipol for one year at a cost of $ 2,941 from the General Fund and pass under emergency.  The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY GODWIN and motion carried to create legislation to amend Resolution 28-2013 setting the amount of the monthly transfer to the Sewer Debt Fund to reflect an increase from $ 5,000 to $ 21,500 per month to satisfy the semi-annual debt payments as recommended by the Clerk-Treasurer.  The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to schedule an Economic Development Committee meeting at 6:00pm prior to the first meeting in January 2017.  The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to excuse Solicitor Anthony from the December 5^th Council meeting in order to attend the Local Government Law Conference.  The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to create legislation authorizing the creation of a Police Income Tax Fund.  The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY CPOUNCIL MEMBER GODWIN and motion carried to instruct the Clerk-Treasurer to open an account with PNC Bank with the Mayor and the Clerk-Treasurer as authorized signers.  The vote: All yes.

COUNCIL MEMBER MACKEY MOVED, COUNCIL MEMBER THARP and motion carried to schedule a Tree Board meeting on January 16^th, 2017 at 6:00pm.  The vote: All yes.

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to pay the match of a BWC Grant for the purchase of two power cots at a cost of around $35,200 from the Capital Projects Fund.  The vote: Godwin, yes; Hawk, yes; Hilliard, yes; Mackey, no; Tharp, yes; Fox, yes.

VA Miller discussed what he thinks is a conflict with the Ordinance 44-2016 and the proposed wage increase ordinance.  In his opinion, the Clerk-Treasurer may not be authorized to pay the employees stipends, licenses, and additives.  Mayor Schwab provided language in the ordinance that he felt would cover the employees through 2017 until all the processes in the new wage ordinance could be accomplished.  Council Member Mackey suggested setting up a meeting to discuss.  Solicitor Anthony will be reviewing the legislation.

“VILLAGE SPEAKS”:

Council Member Hilliard had a request from a Frisbee Golf Course player to asphalt the tees and have them numbered.  Councilman Godwin stated that the course is well used during the warm months of the year.  Some of the golfers have lost their Frisbees over the Electric Dept. fence.  Clerk-Treasurer King suggested the Frisbees be brought to Village Hall when found and then can be picked up.

AUDIENCE COMMENTS:

None

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to adjourn the meeting at 8:57 p.m.

 Respectfully submitted,

 Kris King, Village Clerk-Treasurer

 Mike Schwab, Mayor