December 19, 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.

 

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

 

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

Mike Maybaugh, WWTP Superintendent & Asst. Fire Chief

 

Mayor Mike Schwab asked if there were any additions or deletions to the December 5, 2016 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. 

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to accept the December 19th, 2016 bills in the amount of $ 406,046.59.  The vote: All yes. 

 

Audience in attendance: Ray Heitger, Kaycee Jewell, a gentleman that identified himself as John Q. Public, Cindy Mackey and Ann Margaret Lambo.

 

ORDINANCE 54-2016: An Ordinance Authorizing the 2016 Supplemental Appropriations was given third reading.

 

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

 

ORDINANCE 55-2016: An Resolution Authorizing the 2017 Temporary Appropriations was given third reading.

 

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

 

ORDINANCE 56-2016: An Ordinance Authorizing a General Fund Transfer was given third reading.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX to bring the ordinance forward for passage.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to amend the ordinance to reflect a $ 30,000 transfer to the Ambulance Replacement Fund and a   $ 10,000 transfer to the Police Car and Equipment Fund.  The vote: All yes.

 

The vote on Ordinance 56-2016 as amended: All yes.

 

ORDINANCE 57-2016: An Ordinance Authorizing an Employee Sick Leave Policy and an Employee Sick Leave Pay-out Policy was given third reading.

 

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to pass the ordinance as presented.  Councilman Mackey verified with the Village Administrator that there have been no changes since it was emailed to Council.  The vote: All yes.

 

ORDINANCE 58-2016: An Ordinance Authorizing an Employee Probationary Initial Appointment Period and an Employee Probationary Period was given third reading.

 

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to pass the ordinance as presented.  Councilman Mackey verified with the Village Administrator that no changes had been made since it was emailed to Council.  The vote: All yes.

 

ORDINANCE 59-2016: An Ordinance Authorizing a Village Employee Wage Increase was given third reading.  Council was advised by Mayor that this needs to be passed under emergency in order to be effective January 1, 2017.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion passed to suspend the rules requiring three separate readings and bring the ordinance forward for passage.  Councilman Hilliard stated he would be voting yes because it was Council’s fault that it had to be passed under emergency and that Council had dropped the ball.  The vote: All yes.

 

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

 

Second Reading:  A Resolution Amending Resolution 28-2013 to increase the transfer to the Sewer Debt Fund.

 

ORDINANCE 60-2016: An Ordinance Authorizing a contract with Massillon Police Department for the Transportation of Prisoners and Declaring an Emergency was given first reading.  Council advised by Mayor that this needs to be passed under emergency in order to be effective January 1, 2017.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion passed to suspend the rules requiring three separate readings and bring the ordinance forward for passage. 

The vote: All yes.

 

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

 

ORDINANCE 61-2016: An Ordinance Authorizing the creation of a Police Training Fund and Declaring an Emergency was given first reading.  Clerk King stated the necessity to pass this under emergency as there has been money received from the State of Ohio this month and it needs to be placed in its own fund before year-end.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion passed to suspend the rules requiring three separate readings and bring the ordinance forward for passage. 

The vote: All yes.

 

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

 

ORDINANCE 62-2016: An Ordinance Authorizing the creation of a Special Grant Fund and Declaring an Emergency was given first reading.  Clerk King stated the necessity to pass this under emergency as there has been money received from the State of Ohio this month and it needs to be placed in its own fund before year-end.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion passed to suspend the rules requiring three separate readings and bring the ordinance forward for passage. 

The vote: All yes.

 

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

 

ORDINANCE 63-2016: An Ordinance Authorizing Appropriations of $ 76,000 for the Special Grant Fund and $ 2,000 to the Police Training Fund and Declaring an /emergency was given first reading.  Clerk King stated the necessity to pass this under emergency in order to use the funds before the end of the year.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion passed to suspend the rules requiring three separate readings and bring the ordinance forward for passage. 

The vote: All yes.

 

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

 

RESOLUTION 64-2016: A Resolution of Appreciation for Tim Stith – Employee retiring as Village Director of Beautification Services after 17 years of dedicated service to our community.

 

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

 

RESOLUTION 65-2016: A Resolution Declaring January 7, 2017 as Hunter Wells Day.

 

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

 

FIRE DEPARTMENT: Chief Chris Colucy (Out of town)

The power cots for the two ambulances arrived today.  Installation is next.

 

Councilman Godwin asked Asst. Chief Maybaugh if the call numbers were up.  Maybaugh stated there is currently 602 calls this year.  Last year the total for the year was 625 calls.  They will be close.

 

Lexipol (a policy writing program approved at the last meeting) is 65% complete.  Chief Creter is reviewing the policies and adjusting language specific to the Police Department.

 

Sergeant Rossiter and Officer Lorenzo represented our department this past Saturday with Shop with a Cop.  Councilman Godwin stated this is a perfect event to bring the community together.

 

Atty. Anthony thanked Council for renewing his contract for another two years.

 

Atty. Anthony requested an executive session with Council, Solicitor, Village Administrator, and Mayor to “meet with Legal Counsel to discuss disputes involving the Village that are subject to pending or imminent Court action.”

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried for Council to go into executive session with the Solicitor, Mayor, and Village Administrator to meet with Legal Counsel to discuss disputes involving the Village that are subject to pending or imminent Court action at 7:33pm.  The vote: All yes.  Council, Solicitor, Village Administrator, and Mayor left to another room.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to exit executive session at 8:00pm.  The vote: All yes.

 

Councilman Fox asked Atty. Anthony to elaborate on the statute that states when the next meeting should be held.  Atty. Anthony stated that when certain holidays fall on a Sunday, Ohio statute states that the holiday be honored on the Monday following.  New Year’s Day is clearly listed as one of those holidays.  The next meeting will be on Tuesday, January 3^rd, 2017.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried for the Village of Brewster to take an official position with the Walkers that they can hook up to our sewer system but that all costs will be assumed by the Walker’s and that no moneys, loans, or assessments will be on the Village’s dime.  Atty. Anthony asked that the Village position be directed to Atty. Beck and both parties agreed.  The vote: All yes.

 

 

VILLAGE ADMINISTRATOR: Mike Miller

 Administrator’s report for period 12/6/2016 thru 12/19/2016:

We have joined OUPS (Ohio Underground Utility Protection Service), which we are required to pursuant to State Law. We will now be notified in advance of projects in the Village that will require digging so that we can mark our utilities. Some of our employees recently went through training for digging, and future training will take place as well. In addition, there is an OUPS App that can be downloaded on Village employee’s cell phones to allow the Village to not only send in dig tickets from the field, but also with GPS activated let an employee with the App on their phone that they are within 1000 feet of a dig ticket request.

 

We had a water main break last week (Tuesday December 13th) on 5th Street SE west of Cleveland Ave. We had it in our records as a dead end line and 2 inches. To our knowledge it is a dead end line, but when we dug it up for repair it turned out to be 6 inches. We have not had a previous break in that section in 30 years. Because it is a dead end, it was more difficult to flush the line to remove the sediment that had built up and was agitated by our work. We had to remove water meters in basements to flush effectively. As a result, when weather permits, we plan to install a hydrant near the end of the line to allow for more effective flushing in the future.

 

I will be preparing a 2017 Municipal Road Fund (MRF) Application for Elton Street from SR 93 to Browndale. The Village received $20,000 from MRF towards this project in 2016, which was carried over to 2017. The total estimate prepared by the Stark County Engineer is $93,000. Half is Village responsibility, so the request will be for $27,000, which when added with the $20,000 already allocated will total our share. The application is due December 31, 2016.

 

Davey Tree completed their work for 2016 trimming and/or remove trees away from electric lines to help prevent future outages.

 

Leaf pick-up in the Village has ended. Because of snow, we had to switch over our equipment for snow removal ending our ability to pick-up leaves.

 

Over the past few months, I have been informing Council of our progress towards replacing the undersized back-up generator at the Water Treatment Facility. As I have told Council, the current generator cannot run all the equipment, so we are faced with not being able to supply water in an emergency, such as an outage caused by a tornado. So if the tornado also started a fire(s) we could potentially have no water at the hydrants to fight it.

 

After initial attempts to develop full plans for bidding, we determined that we could potentially move the decommissioned back-up generator from the WWTP to the Water Treatment Facility (project) at a considerable savings.

 

We initially solicited proposals from four (4) electric contractors for the project. We received two (2) quotes. One (1) of the two (2) was considerably lower, so to assure that we were comparing apples to apples, we had GPD (Dwight Niederkofler) review the scope of services to assure that the lowest quote would complete all the work that needs done. GPD (Dwight Niederkofler) prepared drawings that would assure that everyone is providing a quote/bid based upon the same criteria.

 

We then went back to the two (2) electric contractors who submitted initial proposals and asked that they submit a new quote/bid to move the proposed WTP Standby Generator move and installation based on the drawings and scope established by GPD. We set a deadline of December 7th, 2016.

 

Both electric contractors again submitted a new quote/bid for the project.

 

GPD (Dwight Niederkofler) reviewed the two (2) quotes, and made the following recommendation:

 

We performed a load test to confirm that the decommissioned back-up generator from the WWTP was in good operating condition and fit for future service. While the generator passed the test, it was cut short because of fuel issues. We will have it serviced, including replacement of the fuel filter, and re-run the test to assure it is fully functional prior to proceeding with entering contract and the project.

 

Councilman Godwin brought up that one of the original estimate from an engineer was $ 293,000.  He thanked VA Miller for his diligence in pursuing other options.  VA Miller stated the employees were also instrumental in getting the project down to this cost.  

 

I am requesting authority to hire a Village Technician at the entry rate of $17.95 per hour. We have a candidate in mind, but cannot make a conditional offer of employment until Council grants authorization to fill the position. The candidate we have in mind currently has a Class I OEPA wastewater license. The Candidate has passed a criminal background check.

 

This candidate would be primarily assigned to the wastewater treatment plant. The hiring of this individual allows for implementation of training for succession based upon anticipated retirements.

I sent a separate memo detailing more fully the intended succession plan for 2017, which includes this hire.

 

As I presented at the last meeting, in trying to 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. Since I sent it I came across additional information regarding payment of overtime on hours worked on holidays. Brewster does not currently pay overtime for hours worked on a holiday - we are a minority of 2 at this point out of 18. 16 others pay (see revised comparables table). So what I updated what I sent to Council that changes our language so that hours worked on a holiday are paid at 1 ½ times.

 

As I presented at the last meeting, in trying to 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.

 

 

As I have indicated to Council previously, there are policies that may be adopted from time to time for inclusion in the Employee Handbook that do NOT involve the expenditure of funds, and therefore can be adopted administratively.

 

The first such policy adopted was when I was hired August 1st – 6.15 Fraud Reporting which meets a requirement imposed by Ohio Revised Code.

 

Recently, I have written and administratively adopted additional policies based on issues that have come up or I expect may come up for the Village in the near future.

 

As policies are administratively adopted, I will periodically distribute copies to Council to keep you all aware of what is occurring, and to allow for feedback in the event that there are questions or concerns. The most recent policies are listed below and attached:

2.01 Overview of Hiring Process                  12-12-2016

2.04 Employment Application Policy           12-07-2016

(Note: new employment application and supplemental employment application were adopted and distributed earlier)

2.09 Immigration Law Compliance (I-9)      12-07-2016

2.10 City Income Not Covered by Social Security 12-07-2016

2.11 Ohio New Hire Reporting                     12-07-2016

4.05 Family Medical Leave                          12-14-2016

 

The Village’s Franchise Agreement is expiring in January of 2017. If the Village wishes to pass a VSA to “replace” it the Village will need to take action. Massillon Cable has volunteered to attend a Council meeting to outline our options.  Councilman Hilliard asked if a special meeting needed to be called.  He didn’t want to see another meeting like the one when the representative from Ohio Insurance Services took up half the meeting and it became somewhat confrontational.  VA offered to contact MCTV to ask about length of time needed.  Councilman Godwin would like to check into Wi-Fi in the parks.

 

We have revised our approach to obtaining an engineering firm for replacement of filter media at out Water Treatment Facility. We are instead advertising for Statements of Qualifications for any/all potential projects that would require engineering services for 2017. We have left the response date open, but plan to begin reviewing and ranking the firms that show an interest and provide statements of qualifications beginning after the first of the year.

VILLAGE MAYOR: Mike Schwab

           

            Items to be addressed on Tuesday, January 3, 2017:

            Public Safety, Fire, & Police)                – Tom Hilliard 

            Finance, Purchasing, & Appropriation    – Chuck Hawk

            Personnel. Council Rules, & Insurance   – Steve Tharp, Jr.                     

            Building, Parks, & Grounds                   – Dave Godwin

            Street, Alleys, Curbs, Storms, Sidewalks - Paul Mackey

            Public Utilities                                      - Dale Fox 

            An Addition to Council Rule 26 – Passage of Ordinances & Resolutions

Informal Resolutions:

            1. North Water Tower               = $ 2740.00      (includes small electric substation on Chestnut)

            2. South Water Towers              = $ 1465.00

 

            Security Camera Sites presented on December 5, 2016:

            Seventh Street Electric Substation at $ 2330.00

Water Plant and Water Wells & Electric             Department Buildings at $ 7848.00

Wastewater Plant at $ 1730.00

 

O.R.C. Section 3735.69 requires that a seven member the CRA Council make an annual inspection of the properties within the community reinvestment area for which a tax exemption has been granted.

 

The seven members:     Two members appointed by Mayor

                                    Two members appointed by Council

                                    One member appointed by Village Planning Commission

                                    Two members appointed by the five above appointed members

 

The Mayor will be appointing himself and one other member at January 3^rd Council Meeting.

 

NOTE: By Village legislation the VA is the CRA Housing Officer.

 

I would like to thank Council for their patience with all the year-end financial legislation.

 

Request from Council: A motion to allow me to make an adjustment to the check reconciliation for small monthly discrepancies that occurred within the checking account throughout this year. The adjustment will be made in the General Fund.

 

Local Government Services (LGS) is denying two of the four additional new Water Funds and the Fire Equipment Capital Fund.  The Fire Capital Project Fund will need a specific project before they will approve it. 

 

The last update to the Codified Ordinances was mid-2016.  Does Council wish to have it updated at the beginning of the year or wait until mid-2017?  Another reminder to update your copies.

 

November Fire Pay = $ 5,663.16.

 

The Recreation Board spent $ 328.75 on the Children’s Christmas party.  Only 27 Children showed up with the cold weather so all remaining goodie bags were donated to the Fairless Food Cupboard.

 

Village Prosecutor Ian Crawford returned his signed contract for 2017.

 

I canceled the last street sweeping for 2016.

 

Have a very Merry Christmas and a safe and Happy New Year!

 

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

1. December 12th Fire/EMS Financial Committee Meeting Minutes

2. Finance Committee Meeting was held tonight.  Councilman Tharp reported that the meeting was held to discuss quarterly transfers and he would be making the committee’s recommendations later in the meeting.

3. Next Council Meeting on Tuesday, January 3, 2017

4. Mayor Schwab thanked the Heitger’s, the Witting sisters and all those that helped with the Children’s Christmas party.

 

                January 19^th at 7 pm Planning Commission Meeting

           

1. VA: Adopt for Employee Handbook a 5.01 Holiday Policy

2. VA: Adopt for Employee Handbook a 5.02 Vacation Policy

3. From Employee Healthcare Agent Brian Savage – BeniStar Option in Employee Healthcare Plan

4. Mayor: Council to review “Council Rules” and Committee Assignments for a January approval

 

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 THARP and motion carried to schedule a Parks and Grounds Committee meeting on February 6, 2017 at 6:00 p.m. to discuss the park.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to allow the Clerk to make the necessary adjustments for banking issues to balance out for 2016.  The vote: All yes.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to pay the Firemen’s wages at a cost of $ 5,663.16 from the Fire Equipment Fund.  The vote: All yes.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to approve the quotes for cameras and to charge it from each appropriate utility fund.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to draw up an ordinance authorizing a contract with Sugarcreek Township for fire and ambulance services.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to create legislation to amend Ordinance 18-2015, the quarterly General Fund transfers, by reducing the St. Resurfacing Fund transfer from $7,500 to $2,500, by increasing the Police Car and Equipment Fund from $6,000 to $8,000, by increasing the Parks and Grounds transfer from $2,000 to $2,500, by increasing the Recreation Fund transfer from -0- to $1,500, and increasing the St. Equipment Fund transfer from $2,500 to $7,500, and keeping the Sidewalk Fund transfer at the current amount of $1,500.  The vote: All yes.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to create legislation authorizing the adoption of 5.01 – Holiday Policy for the Employee Handbook.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to create legislation authorizing the adoption of 5.02 – Vacation Policy for the Employee Handbook.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to give the Village Administration the authority to hire a Village Technician at the rate of $17.95.  The vote: Hilliard, no; Mackey, yes; Tharp, yes; Fox, yes; Godwin, yes; Hawk, yes.

 

Councilman Tharp stated he wanted the Clerk to wait until mid-2017 to update the Codified Ordinances.  The rest of Council agreed.

 

Councilman Mackey asked the VA if all his policies had been taken care of for this meeting.  VA Miller stated the policies he had requested had all been addressed for this meeting.  That being said, the Mayor moved on.

 

Councilman Godwin thanked the ladies at Village Hall for sending flowers for his father’s recent passing.  He also thanked Council for working together in 2016 for a productive 2016 and hopes it continues through 2017.

 

Councilman Tharp had several residents say they liked that Sergeant Denise Rossiter and Officer Joey Lorenzo were able to represent our Village in the Shop with a Cop program.

 

Councilman Godwin thanked Kaycee Jewell for the great job he did on the dugout roofs for his Eagle Scout Project.

 

Ann-Margaret Lambo, our Independent Reporter stated that this was her last meeting and stated it was very nice working with everyone.  Everyone wished her the best.

 

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to adjourn the meeting at 8:38 p.m.

 

 

Respectfully submitted,

 

____________________________________________________

Kris King, Village Clerk-Treasurer

 

____________________________________________________

Mike Schwab, Mayor