December 5, 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                   Chuck Hawk, Council Member            

Tom Hilliard, Council Member               Paul Mackey, Council Member            

Steven Tharp, Jr., Council Member

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to excuse Council Member Godwin due to the passing of his father.  The vote: All yes.

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

Keith Creter, Police Chief                     Joyce Cunningham, Asst. Clerk

Chris Colucy, Fire Chief

 

Mayor Mike Schwab asked if there were any additions or deletions to the November 21, 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 5th, 2016 bills in the amount of $ 205,520.20.  The vote: All yes. 

 

Councilman Hilliard commented on the bill from Home Appliance for a refrigerator for the kitchen at the Fire Department.  He felt a cheaper one could have been purchased.  Clerk King stated that Home Appliance only charged $1,199 for the $1,999 appliance.

 

Audience in attendance: Cindy Mackey and Ann Margaret Lambo.

 

Brian Savage, Ohio Insurances Services, presented an additional health insurance option that Council can add to the existing health insurance plan.  This option is for employees that are over 65 and are on Medicare Part A & B.  The plan has a higher premium than the regular plan but eliminates the Village’s exposure from the medical and prescription reimbursement.  Mr. Savage estimates a savings of over $300 annually on a single plan and over $800 annually for an employee and spouse plan.  Councilman Hawk asked if the cost of the plan ended up more than was expected, would the Village be responsible for the overage and have to pay it the following year with an ADR or a high increase.  Mr. Savage stated the ADR was an option that the village chose and did not have to pay last year but could have paid it through a 25% increase.  Councilman Hawk stated as a former small business owner he would have had to close his business with those kind of increases.  Council consensus was they needed to review the numbers before any decision could be made. 

 

ORDINANCE 48-2016: An Ordinance Authorizing Adoption of Employee Cell Phone Policies was given third reading.

 

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to pass Ordinance 48-2016 as presented.  Councilman Tharp stated he still feels uncomfortable with this policy.  The vote: Hawk, yes; Hilliard, yes; Mackey, yes; Tharp, no; Fox, yes.

 

ORDINANCE 49-2016:An Ordinance Authorizing a Contract Renewal with Village Prosecutor Ian Crawford was given third reading.  Council was asked to pass under emergency in order to be effective 01/01/17.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to suspend the rule requiring three separate readings and bring Ordinance 49-2016 forward for passage.  The vote: all yes.

 

COUNCIL MEMBER HILLARD MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to pass the ordinance and make it effective 01/01/17.  The vote: All yes.

 

ORDINANCE 50-2016: An Ordinance Authorizing a Contract Renewal with Village Solicitor John Anthony was given third reading.  Council was asked to pass under emergency in order to be effective 01/01/17.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to suspend the rule requiring three separate readings and bring Ordinance 50-2016 forward for passage.  The vote: all yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to pass the ordinance and make it effective 01/01/17.  Councilman Hilliard stated that Solicitor Anthony is doing an excellent job. Mayor Schwab agreed and stated we have been keeping him very busy.  The vote: All yes.

 

ORDINANCE 51-2016: An Ordinance Authorizing Agreement for RCAP GIS Services was given third reading.  Councilman Hilliard asked VA Miller to explain this service.  VA Miller provided an example of when there is a water main break.  The employees can use the GPS unit to mark where the break is and it will be placed in the system so problem areas can be tracked and those areas will be given priority for replacement projects.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER MACKEY and motion carried to pass ordinance 51-2016 as presented.  The vote: All yes.

 

Second Reading: An Ordinance Authorizing the 2016 Supplemental Appropriations.

 

Second Reading: An Ordinance Authorizing a General Fund Transfer.

 

Second Reading: An Resolution Authorizing the 2017 Temporary Appropriations.

 

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

 

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

 

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

 

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

 

ORDINANCE 52-2016: An Ordinance Authorizing the Creation of a Police Income Tax Fund and Declaring an Emergency was given first reading.  Clerk-Treasurer King stated she is requesting it passed under emergency to enable the Auditor review prior to 01/01/17.

 

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER THARP and motion carried to suspend the rule requiring three separate readings and bring the Ordinance 52-2016 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.

 

Councilman Mackey wanted to know what needs to be done to ensure that the employees don’t lose any stipends or license additives until the new wage process begins.  VA Miller stated that the language contained in the ordinance for the employee wage increase in Sections 12a and 12b as presented in the draft for second reading this evening will keep the wage structure as it is now.  This ordinance also sets up the time line for the new wage structure as defined in Ordinance 44-2016.  This provides continuity until job descriptions are written and Ordinance 44-2016 can be put in full effect.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to add Sections 12a and 12b to the original draft of the wage increase ordinance.  The vote: All yes.

 

Mayor Schwab requested that Council review and consider the increasing of the starting wage for a fulltime Patrolman Level One.  He stated an employee loses ninety cents per hour when going from part-time to fulltime.  The Mayor suggested eliminating the year one of the three-year ladder wage so the starting wage would be second year wage.  Councilman Mackey asked Chief Creter for his opinion.  Chief Creter stated that he feels that the starting wage should be the third year wage and eliminate the ladder entirely.  He stated with the extensive training program the Brewster Police Department is using, it is important to make sure that the Village offers a competitive wage in order to keep the officers. 

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to eliminate year one of the Patrolman Level One wage ladder and make the draft’s year two wage the starting wage.  The vote: All yes.

 

Tabled at third reading on November 21, 2016: An Ordinance Authorizing an Employee Compensatory Time Policy.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to untable the Ordinance Authorizing an Employee Compensatory Time Policy.  The vote: Hawk, yes; Hilliard, no; Mackey, yes; Tharp, yes; Fox, yes.

 

Councilman Tharp stated that VA Miller had compiled a list of comparisons of communities that offer comp time and just as many communities do not use comp time to compute hours worked for the calculation of overtime as those that do.  This is a very generous benefit.  Councilman Tharp pointed out that most notably Stark County Sanitary Engineers do not.  He stated that he did not agree with VA Miller’s opinion that it should count towards overtime.  He stated that he has done payroll in both the public and the private sector and it can be done a variety of ways.  This is what Stark County uses, union and non-union, he then read the following letter into the minutes:

 

“Overtime is to be avoided wherever possible.  Management must approve all overtime and in advance where circumstances permit.  Employees are expected to work all overtime hours as directed.  Management will make reasonable efforts to distribute the opportunity equitably among employees qualified to perform the available work:

Non-Exempt employees in lieu of overtime pay, non-exempt employees may accrue and use compensatory time according to the following guidelines: a. Compensatory time is accrued at a rate of one-and-one-half (1.5) times actual time worked in excess of forty (40) hours per week.  Vacation and sick leave will not be counted as actual time for the purposes of calculating compensatory time.”

 

Councilman Tharp reviewed an opinion from the Solicitor that stated we are still in compliance with FSLA requirements and Ohio Law if we do not count comp time towards overtime.  Solicitor Anthony is concerned that there could be an issue due to past practice even though there has never been an official policy.  Councilman Tharp stated that in a conversation with the Clerk that comp time has been the past practice since before she started and has been counted towards the calculation of overtime.  He stated he would suggest Council pass legislation similar with what he read that does not count comp time towards to computation of overtime.

 

COUNCIL MEMBER THARP MOVED to propose that Comp Time not be counted as overtime.

 

Councilman Mackey is concerned what would happen if it is proposed tonight to change the way we compute overtime from the way it has been done for over thirteen years if someone makes a complaint to FLSA or Wage and Hour, which he would encourage.  Councilman Tharp stated just because the Clerk does it this way doesn’t make it policy, Council makes policy.  Councilman Mackey asked what standing we would have?  Councilman Tharp asked if we were in fiscal emergency.  Councilman Mackey stated that fiscal emergency takes it off the table.  Councilman Tharp asked if Councilman Mackey thought that this was something that Council couldn’t change.  Councilman Mackey stated he is not saying Council can’t do it but wants to know the potential consequences if the Auditor or the Federal Government gets involved, after we have been doing it for thirteen years.  Clerk King stated that it is longer than thirteen years because she was told to do it that way from the previous Clerk that retired after 32 years.  The Mayor stated that the previous Clerk probably was taught from the Clerk before her.  Councilman Mackey would like to speak to a legal authority before taking it away.  VA Miller stated that Council speaks through its ordinances and can change it going forward but the problem is going back.  To change it he stated that all that needs to be done is to add a “not” to the policy he wrote.  He stated he knows what Stark County policy says because he wrote it.  The problem is that this is not Stark County.  The Village does not have a large workforce.  We have ten employees to do all the work around the Village.  VA Miller stated what we need to remember is that comp time helps the Village.  It keeps the budget consistent.   It also encourages our workforce to come in when needed which is important with such a limited workforce.  He gave an example.  If comp time goes away, overtime will go up.  All hours paid count towards the computation of overtime.  Councilman Hilliard thinks the Village would save a ton of money by changing it but is not in favor of it until the Solicitor is here.  VA Miller stated that we are not like Stark County or the City of Canton with lots of people we can call in.  When someone is sick or on vacation, we have a limited workforce to draw from, this is something that Council should consider when making their decision.  This will also effect the Police Department.  The employees are looking at this as something taken away.  The Mayor stated this is used during water breaks or power outages.  This is when we want the employees to come out.  VA Miller stated that he wrote it originally to not count as overtime but after speaking to the clerk and several employees and compared the policies of other like communities decided to change it to include comp time in the calculation of overtime.  Council needs to make the ultimate decision whether they want to pay it one way or the other.  Other unworked hours were discussed.  Anything beyond comp time will have to be addressed in other policies.  The Mayor asked Councilman Tharp to amend to only cover Comp time and not vacation and sick.  He agreed.

 

Motion failed to lack of second.

 

COUNCIL MEMBER MACKEY MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to insert a G3 as provided in an example from VA Miller into the draft which would state that compensatory time should count towards the computation of overtime.  The vote: Hawk, yes; Hilliard, no; Mackey, yes; Tharp, no; Fox, yes.

 

ORDINANCE 53-2016: An Ordinance Authorizing an Employee Compensatory Time Policy was given third reading.  The vote on the amended legislation:  Hawk, yes; Hilliard, no; Mackey, yes; Tharp, no; Fox, yes.  The ordinance passes.

 

FIRE DEPARTMENT: Chief Chris Colucy

Chief Colucy went to the Sugarcreek Township meeting.  They are either renewing or replacing their fire levy in November of 2017.  He would like a committee to sit down and go over what is needed with the Trustees to consider increasing the Village’s contract.

 

There are State of Ohio grants available and we need to decide whether to rehire Gatchell Grant Writing to write more grants at the budgetary meeting next week.

 

Howell Rescue Extrication classes are available again this year in Dayton.  The Chief would like to send two members of the Fire Department.  It would cost $650 each plus hotel expenses.  He wanted to know if he needed to bring it to Council or go through the Village Administrator.

 

Chief Colucy is recommending the promotion of Roger Carpenter Jr. to the unpaid Lieutenant position pending Council’s approval.  Mayor Schwab stated that the position would give him leadership experience in the Fire Department.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to accept the Mayor’s recommendation to promote Roger Carpenter, Jr. to non-paid Lieutenant position.  The vote: All yes.  Councilman Hilliard thinks it is a good move to give him leadership experience.

 

Per the Department of Commerce notice that All Liquor Permits in Village are up for renewal with 02/01/2017 for Village comment on any renewal.   Chief Creter found no reason for Village comment.

 

There were 463 calls in November.

 

DIRECTOR OF BEAUTIFICATION SERVICES: Tim Stith

After 17 years of doing the work of three people Tim has decided to retire.  The Village will miss him.

 

Attending a Local Government Law Conference that is beneficial to Brewster.

 

Email: Memo on Employee Compensatory Time provided to Council.

 

Thank you card from Fairless Toy Cupboard.

 

Massillon PD – Renewal of Prisoner Transportation Contract for 2017 – Requires Council legislation

$ 125 per transported prisoner; $ 1,693 in 2015; $ 3,801 to date in 2016.

 

Independent – excellent article in their 11/29 edition about Tattered & Worn, owners, Jim and Connie Schumaker.

 

VILLAGE ADMINISTRATOR: Mike Miller

 Administrator’s report for period 11/22/2016 thru 12/5/2016:

Brian Savage of OPEC HC met with the Mayor, the Clerk-Treasurer, and myself regarding 2017 health insurance renewal and what the Village can expect for 2018 when our contract is up. Brian Savage is scheduled to make a presentation to Council this evening regarding plan amendments.

 

Davey Tree was in the Village last week and will return this week to trim or remove trees away from electric lines to help prevent future outages. Davey was the second of the two (2) contractors engaged to remove dead and/or hazardous trees from Village right-of-way, and has removed the remaining six (6) trees and trimmed one (1). They have also ground out the stumps. Two additional trees were added for trimming and completed as well. Once our employees remove the grindings the 2016 tree removal and trimming program will be complete.

 

We have purchased thirteen (13) replacement trees called for in our 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 have planted four (4) so far and will plant the rest in the near future.

 

I am forwarding the requests for vacation of the following alleys and street from Brewster Cheese to the Planning Commission as required by Village Ordinance:

 

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

 

Because of a couple of requests that were made, I have written a new informational sheet regarding Detached Garages, which I have distributed to Council. As Council is aware, I plan to develop informational sheets for the common issues for which residents apply for zoning certificates. As I indicted previously, we plan to have informational sheets on various subjects available to our residents both in the office and online.

 

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 and 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.

 

The proposals from the electrical contractors for the proposed WTP Standby Generator move and installation are due by December 7th, 2016.

 

The Mayor, Street Superintendent, and I met with representatives from ODOT District 4 to discuss ways we can coordinate and collaborate. We also inquired about various approaches to road maintenance, repair, snow removal, and other related issues to make use of their experience. We expect to develop a better working relationship with ODOT going forward.

 

The proposed amendment to the wage ordinance should be acted on before January 1, 2017.

 

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 and sent to Council changes our language so that hours worked on a holiday are paid at 1 ½ times the employee’s normal rate.

 

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.

 

 

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.

 

We had a water main break on First Street SE east of Jackson on Tuesday November 29th that was promptly repaired by Village employees.

 

The Village’s Franchise Agreement is expiring and the Village will need to take action to enact a VSA if it desires to replace the Franchise Agreement.

 

We have revised our approach to obtaining an engineering firm for replacement of filter media at our 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.

 

VA Miller is going to draft an FMLA policy for next meeting.

 

Councilman Hilliard asked if someone could explain the 1% to 5% on the cable?  VA Miller stated the State passed legislation that took away the Village’s ability to have a franchise agreement.  They then created a Video Service Authorization (VSA) that does allow the Village to receive a percent of revenues but it cannot be higher than the percentage of “donation” in the franchise agreement unless we let the 1% agreement go dormant for three months then we can request up to 5%.  Councilman Hilliard asked if would show on the customers’ bills.  VA Miller stated it would be listed as a tax on the resident’s bill.  VA Miller is waiting to find out what the process we need to follow once our agreement expires.

 

Councilman Hilliard stated there were a couple Christmas lights out on the north side of town.

VILLAGE MAYOR: Mike Schwab

            1. North and South Water Towers – awaiting a quote

            2. Seventh Street Electric Substation                                          - $ 2330.00

            3. Water Plant and Water Wells & Electric Department Buildings - $ 7848.00

            4. Wastewater Plant                                                                  - $ 1730.00

1. New Phone System for Village Hall Offices and Fire Department – 2016 Quote = $ 4982.00

2. Handicapped Curb Drop in front of Utility Office – will get quotes

3. Handicapped Door Opener at Utility Office – will get quotes                                      

6.         Village Web Site (recently added items)

Time for Council to review “Council Rules” and Committee Assignments for a January approval.

 

November Fines and so Forth Report = $ 51.25.

November and Year-to-Date financials were provided to Council.

 

Mayor, VA, and I will meet with Huntington Bank representatives on December 15, 2016 to review the monthly charges and see where we can save.

 

The exit conference for the 2014-2015 Audit was rescheduled for December 7^th at 9:00am. 

 

Still waiting for Local Government Services (LGS) to give me guidance on the additional water funds.  The Fire Capital Project Fund will need a specific project before they will approve it.  Each specific project being saved for will require its own fund.

 

Working on year-end legislation and the 2017 Budget. I am concentrating on the Fire, EMS, and Ambulance Replacement Funds at this point for the December 12^th meeting.

 

We are able to save approx. $450 on our Worker’s Comp by paying on an annual basis.  You will notice that invoice in the bills for the next meeting.  I feel it is important to use every avenue possible in order to save money.

 

I will be sending all legislation passed since the latest version of the Zoning Ordinance to American Legal Publishing for our annual Codified Ordinance Update.  Any Council Members that have not updated their books may want to do so before the next update comes out.  If for some reason you have a problem completing this task, please bring it to my office for completion.  It is important that everyone has the latest updated version.

 

I provided a letter of support for the Fire Department as part of the requirements for the Ambulance Grant being prepared.

 

The Certificate of Result of Election arrived today.  The official results were 552 for and 465 against.  The income tax increase is for .2% for the operation of the Police Department and .3% for the maintenance and construction of Village streets.  I would like to thank the residents for supporting our Village.

 

I will be recommending the General transfer be split between the Police Car and Equipment Fund and the Ambulance Replacement Fund at the next meeting.  I believe these two funds will be needed in the near future and this is the best use of this transfer.

 

We may have to pass a resolution for PNC before opening any accounts.  We have a Depository Agreement already in effect until 2020 and a motion was made for the signers but I am waiting to hear from the bank.  Solicitor Anthony has a copy of the paperwork provided by PNC for the resolution.

 

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

           

Fire Chief: Appointment of Roger Carpenter, Jr. as a second FD Lieutenant (non-paid position)

 

VA: Adopt for the Employee Handbook: A 5.01 Holiday Policy and a 5.02 Vacation Policy

 

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 approve two fire fighters attending Howell Rescue’s Extrication Class in Dayton Ohio at a cost of $650 plus hotel expenses for each attendee from the Fire Equipment Fund.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to create legislation to authorize the renewal of a contract with Massillon Police Department for the transportation of prisoners in 2017.  The vote: All yes.

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to create a Resolution of Appreciation for Tim Stith for 17 years of service.  The vote: All yes.

 

Councilman Hilliard asked if the seasonal employees were still working and if we are monitoring their time.  VA Miller stated they are working as needed finishing up the leaves and their hours have been monitored all year to make sure we are in compliance with the seasonal worker guidelines.

 

 

 

COUNCIL MEMBER THARP MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to adjourn the meeting at 9:25 p.m.

 

 

Respectfully submitted,

 

____________________________________________________

Kris King, Village Clerk-Treasurer

 

____________________________________________________

Mike Schwab, Mayor