February 20, 2018 - Meeting Minutes

BREWSTER VILLAGE COUNCIL[KK1] 

 

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                      Andrew Hess, Council Member

Tom Hilliard, Council Member                      Sydney Radich, Council Member                              

 

John Anthony, Solicitor                                  Kris King, Clerk-Treasurer

Michael L. Miller, Village Administrator 

 

Mayor Mike Schwab asked if there were any additions or deletions to the February 5, 2018 Council meeting minutes. 

 

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

 

COUNCIL MEMBER GOWIN MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to accept the bills in the amount of $ 452,446.52.  The vote: All yes.

 

Louie Carroll, 830 East 7^th Street, asked if the Village was going to pave his street this year.  VA Miller stated the Village has applied for funding from OPWC, District 19 and also from OPWC Small Government.  If funding is available from OPWC, the street will be paved this year.  Mr. Carroll also asked about some surveying he seen being done.  VA Miller stated it could be either the County for the culvert or the Army Corp of Engineers looking at the flood gate.  Mr. Carroll stated that the truck traffic on East 7^th Street is ridiculous.  He said there are more and more trucks.  He doesn’t know how the Village is going to get the road to hold up with all that truck traffic.

 

Ray Heitger was also in attendance.

 

Second Reading: An Ordinance Authorizing the Adoption of an Employee Weapons & Dangerous Ordnance Policy and adding it to our Employee Handbook.

 

Second Reading: An Ordinance Authorizing the Adoption of an Employee Workplace Violence Prevention Policy and adding it to our Employee Handbook.

 

Second Reading: An Ordinance Authorizing an Agreement to Participate in the Stark County Schools Council of Government Cooperative Purchasing Program (Introduced by Mayor).

 

First Reading: An Ordinance Authorizing the Adoption of a 5.14 Employee Village Travel Policy and adding it to our Employee Handbook.

 

First Reading: An Ordinance Authorizing the Adoption of a 3.21 Employee Village Travel Pay Policy and adding it to our Employee Handbook.

 

First Reading: An Ordinance Authorizing the Adoption of the 2018 Annual Appropriations.

 

ORDINANCE 6-2018: An Ordinance Amending the Village Income Tax Code to Adopt Section 718.80 through 718.95 of the Ohio Revised Code and Declaring an Emergency.

 

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

 

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

 

Solicitor Anthony explained that there is a motion for an injunction that will be ruled on February 23^rd.  If the Judge rules in favor of the injunction, this ordinance will not go into effect.  The court case is not scheduled until December and if the Judge rules in favor of the Municipalities, the Village can repeal this ordinance at that time.  Councilman Hilliard asked if the majority of Municipalities are handling the legislation in a similar fashion.  Solicitor Anthony assured him that this was what most Municipalities are doing.

 

Fire Department: Chief Chris Colucy (excused for work)

The ambulance is scheduled to be delivered the week of March 18^th.  Pictures were provided on the room monitor.  Councilman Hilliard asked if the administration thought about keeping the old one in case there are any issues with the new one.  Councilman Hawk pointed out that the power cot was being removed to be placed in the new ambulance.

 

Mayor Schwab provided pictures of the renovation of the lobby and squad room of the Police Station by Street Department personnel.  The building will be safer for the Officers and more public friendly.

 

Mayor Schwab is proposing the Police Department purchase AED’s (Automatic External Defibrillator) for in the Police Cruisers.  Councilman Hess asked if the Police Officers had CPR training.  Mayor Schwab stated the department has just completed a refresher course recently.  Councilman Hess also asked if grants were available for the AED’s.  The Mayor stated he found a vendor that provided a better quote than the grants he was able to find.

 

Councilman Hawk received many positive comments concerning the incident at Perry Schools.  The Administration at the school and the Police Department did very well.  Mayor Schwab stated the Administration and Chief Creter and SRO Truman work well together and have a good rapport.

 

Councilman Hilliard brought up the speeding on Village streets.  He would once again like to state he feels that two Officers should be on duty at least a couple times a month.  He stated that once a person sees a patrol car at or going towards one end of town, they speed through the other end.  He would like to see their routines mixed up a little.

 

Councilman Hawk stated Solicitor Anthony has been very thorough and has kept Council well informed on the Municipal Income Tax legislation.  Solicitor Anthony stated he intends to look into other aspects of the language of the revised code.  He advised any changes that are classified as General Law will overrule all the Village’s ordinances.  This is just another way of eroding Home Rule.

 

There have been inquiries made about a Village 2018 Spring Clean Up; last year we went out for quotes and contracted with Miller’s Reliable Waste for a one-day Saturday curbside pick-up.

 

Councilman Hilliard advised that Fairless Elementary will be holding Preschool Screenings on March 16^th from 9:30 am until 3:30 pm.  Call 330-767-3913 or 330-767-7083 for an appointment.

 

VILLAGE ADMINISTRATOR: Mike Miller

Administrator’s report for period 2/6/2018 thru 2/20/2018:

• Paving and Pavement Preservation. Street Superintendent Rick Patterson and I attended a session on pavement maintenance on Tuesday, February 13th.  The presentation outlined ODOT’s shift to road preservation. It is in the best interest of Brewster to explore different alternatives to maintaining our roadways, and since they will be in Stark County it is possible that the Village could get lower costs because they are already mobilized.

 

• MRF (Municipal Road Fund). After attending a pavement maintenance seminar on February 13^th, Street Superintendent Rick Patterson and I talked about INSTEAD of asking for $25,000 of MRF funds each year over 3 years to pave Elton west of 93 (which still would require an additional $25,000 of Village funds to complete if we were successful all three (3) years), a better approach would be request an amount of $17,500 to micro-surface over the chip ‘n’ seal, which would be completed in 2018. The advantages of micro-surfacing over the chip and seal would be:

 

• micro-surfacing over the chip and seal requires no grinding or adjustment to berms
• micro-surfacing over the chip and seal projected extension on life of the surface is 9 years, about the same as untreated asphalt
• micro-surfacing over the chip and seal allows us to do it this year, before any deterioration to the current surface
• micro-surfacing over the chip and seal saves money ($17,500 versus cost to pave of $100,000 +/- plus inflation)

 

After discussion with Mayor Schwab it was determined to apply for MRF funds $17,500 tomicro-surface over the chip and seal. The application was turned in on February 15, 2018, the deadline date.

 

• Employee Handbook Policy. As Council is aware, I am still reviewing our Employee Handbook. I have drafted and administratively adopted 3.28 Payroll Deductions and 3.29 Garnishments Policies. I have previously distributed these policies. The policies lay out what the Village does (has to do) for payroll deductions and garnishments.

As I previously related to Council, when policies are written and administratively adopted I will distribute copies so that you are aware of what is occurring, and allow for feedback, concerns, or questions.  They have been added to our revised Employee Handbook.

 

• Employee Handbook. At the last Council meeting (February 5^th, 2018) it was suggested that a program be established for the employees to assist when there is an on the job injury/incident. I agree.

 

The draft of 4.11 Injury Leave Policy is a new policy (previously distributed). I also forwarded for backgroundsome relevant corresponding ORC and OAC sections that establish Injury Leave for state employees:

 

• ORC Section 124.381 Occupational Injury Leave
• OAC 123 1-33-01 Eligibility for disability leave benefits
• OAC 123 1-33-02 Application for disability leave benefits
• OAC 123 1-33-03 Conditions precluding receipt of disability leave benefits
• OAC 123 1-33-05 Payment of disability leave benefits
• BWC - C-55 Salary Continuation Explanation

 

Injury Leave addresses what happens if an employee suffers an injury arising out of their employment. Currently, the employee has to use sick leave (or other appropriate leave) while they wait for a determination from the BWC and/or Temporary Total Disability payments from the BWC. This should be addressed for two (2) primary reasons:

 

 

What I have drafted is a policy that essentially parallels ORC and OAC which authorizes at the state level the use of “salary continuation” in the form of Injury Leave.

 

I also forwarded a copy of the BWC summary of what “salary continuation” is. In order to utilize salary continuation, Council must authorize the expenditure of money, in this case by creating an Injury Leave Policy. For every dollar that is spent by workers compensation on Village claims (including temporary total compensation if there is no salary continuation), the Village’s rates increase, and it affects the rates for a period of three (3) years. There is no authority to pay an employee salary continuation (while they are not working) otherwise. The Village cannot currently enter into a salary continuation agreement, even though it is in its financial interest to do, so unless Council adopts a policy authorizing it. “Salary continuation” will also be included in our Worker’s Compensation Policy, once an Injury Leave Policy is passed by Council authorizing its use.

 

I feel it is something that should be put in place to protect our employees and to reduce Workers Compensation premiums by allowing wage continuation. An Injury Leave Policy allows for “salary continuation” for employees not only benefits our employees, but also will end up potentially saving the Village money on its Workers Compensation rates. The draft 4.11 Injury Leave Policy accomplishes that objective (previously distributed).

 

In addition, I feel we should better spell out both the steps for what to do when there is an on the job injury/incident, which is included in the draft 4.10 Workers Compensation Policy (previously distributed).

 

Finally, I feel we should also establish processes for how we can help get employee’s back to work in the event of an on the job injury/incident, which is in the draft 4.12 Transitional Work & Modified Duty Policy (previously distributed).

 

 

• Substation Expansion. As Council is aware, we have been meeting withGPD to finalize a proposal for engineering services to prepare specifications for improvements needed at the substation to meet the projected demands of the Brewster Cheese expansion, to improve reliability, and to improve our ability to maintain the substation without requiring outages.

 

I previously informed Council that at our meeting in December it was agreed that the next steps were to assure that there will be no impediments to making the substation upgrades (expanding the substation footprint). Subsequent to that meeting with GPD, GPD has had follow-up to with the US Army Corps of Engineers to assure that we can expand the site. The site is within a ponding easement from the US Army Corps of Engineers.

 

There are additional items that need to be completed to assure that there will be no impediments to making the substation upgrades (expanding the substation footprint).

 

The following tasks have been identified as additional preliminary steps that need to be completed before the scope of services and proposed cost for engineering the expansion of the substation can be finalized and brought to Council:

 

• $3000 for additional soil borings and Geotech report.
• $2500 for a new Phase 1 Environmental Site Assessment Survey.
• $7500 for a new wetland delineation study, include coordination with the USACE.

 

I have authorized GPD to perform the above services. It continues to keep this moving forward while GPD prepares the total scope of services and not-to-exceed price for the Substation Expansion Project. Following that, GPD will be in a position to make a formal proposal for engineering, which will need to be approved by Council.

 

• Low Water Pressure Concerns. On Thursday February 15^th, Village Water Department personnel, an employee of Grabill Plumbing, and I went to three (3) residences to implement the process (checklist) regarding water pressure concerns. The process (checklist) was amended after the first residence to improve the process.

For reference, the cost of the plumber for the first house visited is $150. Also, to reiterate, the standard required by the State is that the distribution system pressure (measured at the ground) always be more than 20 psi and normally above 35 psi. These requirements apply to public water mains and not to individual service connections. The study done by Hazen and Sawyer concluded that the Village of Brewster met these requirements.

We undertook our current process to help us substantiate what the water pressure is at individual service connections, as well as identify what other factors might be affecting water pressure, and as importantly for function in residences, water flow.

The results for the first three (3) residences was:

	Pressure at Meter	Maximum Measured Flow	Type of Piping	Size of Piping	Kitchen Faucet PSI with Aerator	Kitchen Faucet PSI without Aerator
1	40 PSI	Outside hose bib not measured	copper	Varies – ¾ “ & ½ “	1.55 GPM	3.1 GPM
2	45 PSI	7.2 GPM at hose bib	copper	Varies – ¾ “ & ½ “	1.29 GPM	1.95 GPM
3	46 PSI	7.7 GPM at hose bib	copper	Varies – ¾ “ & ½ “	1.29 GPM	1.94 GPM

 

At house #2, the ½ “hose bib measured 5.11 GPM and a ¾ “ hose bib measured 7.2 GPM, illustrating the difference between pressure (same at both) and flow (increase of 2 GPM with larger piping).

 

At house #3, there was an illustration of how a water softener can affect flow, as there was an additional ½ GPM flow when the water softener was bypassed at the basement slop sink.

 

Now, I believe we should repeat the process at three (3) or four (4) residences that have complained about low water pressure. I plan to send out a letter that includes both outlining the process and a summary of how the Village got to this point. Then, I plan to set up additional appointments at three (3) or four (4) residences appointments to continue to help us substantiate what the water pressure is at individual service connections, as well as identify what other factors might be affecting water pressure, and as importantly for function in residences, water flow.

 

• Sale of Ambulance et al. I have advertised for sealed bids for the 2003 Horton Ambulance and 1977 Rescue Truck. The auction option proved to not have enough protection for the Village. The Village will be advertising in the Canton Repository on Sunday February 18^th, 25^th, and March 4^th in accordance with ORC Section 721.15. We have reserved the right to reject any or all bids, so that IF the highest and best bid does not exceed the $12,000 on the table, we can reject all bids and trade it in the following week when the new ambulance is delivered. The ad was previously distributed.

 

In addition to the newspaper ad, Assistant Chief Mohler has assembled a list of private ambulance services that we will send out notification to with additional information about the ambulance. (The ad was kept short to save money). The old rescue truck is included. Unfortunately, there is no title to the Police Vehicle, so we cannot include it.

 

The Mayor, Water Superintendent and VA will be meeting with Hazen and Sawyer concerning the Asset Management Plan.  The quote from RCAP was higher.

 

CRA Housing: Report needs to be completed by March 31^st.  There is a meeting at the County on March 12^th.  Inspections of the two residences in Brewster receiving an abatement need to be completed.

 

Councilman Hilliard asked questions to make sure that employees are covered by Worker’s Comp if they take injury leave.  VA Miller explained that the medical would still be covered by BWC but the Village would cover the wages lost.  The three months in the policy could be extended if circumstances warrant.  This will save the Village in the long run.  For every $1,200 paid out in temporary total disability from the BWC, the Village would pay an additional $500 per year in rates for the next three years.

 

Councilman Hilliard and VA Miller discussed the expansion of the South Substation.

 

Councilman Hilliard asked if a water meter is replaced would residents’ usage increase. VA Miller stated that would not be the intent.  Replacing water meters will be part of the asset management plan. 

Mayor Schwab continued his Annual State of the Village Report by providing printouts for the Street Department Funds and the Parks, Grounds, and Building Fund.  He provided 2017 accomplishments and 2018 goals for each.  He also provided his conclusions and recommendations for the coming year.  Among his recommendations are an aggressive paving program, asset management planning, spring cleanup for residents, and a review of transfers to ensure the funds for some park improvements.  Copies of the reports will be available on the Village website under “Government” until replaced in 2019.

 

Continuing Year End procedures:

• Financial Report – complete
• Hinkle Report – Waiting on reports from County, otherwise complete
• Notes to the Financial – complete
• Certificate of Total Amount Available – complete and submitted to County
• Temporary Appropriations – complete and submitted to County
• Year End Fund report – complete and submitted to County
• Appropriation Ordinance – ready for Council’s review and approval
• Departmental meetings – complete
• Ohio Checkbook – Online

2017 Brewster Income Tax Forms are available at Village Hall and the Utility Office.

 

The Fairless Soccer Association is requesting the use of Village Hall for sign-ups on June 30^th from 10 am to 12 pm.  There were no objections from Council.

 

It was confirmed that Councilman Godwin, Councilwoman Radich, VA Miller, and I will be attending training at the Local Government Officials’ Conference in March.

 

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.

Mayor: Refer to Public Utilities Committee -Chair Dale Fox – Review Water Rates to (1) examine the impact of scheduled future Capital Charges on residential customers; in 2018 Capital Charge      increased by $ 4.78 & in 2019 is slated to increase by $ 4.96; as well as (2) the impact of proposed      infrastructure upgrades.  VA Miller stated the rate schedule should be reviewed every three years.  One of the reasons is that if the Village is able to qualify for grants, increases may be able to be reduced.

 

Mayor: Refer to Public Safety Committee (Police & Fire -Chair Tom Hilliard) – Modifications to Section 76.04 Parking Prohibitions to add Fire Lanes and a Penalty clause.

 

Mayor: Suggests that Personnel or Finance Committee, as appropriate, review future employee policy.  Proposals; example pending legislation read tonight for four new employee policies; three more have been suggested by VA; each involve the possible expenditure of Village funds.

 

Mayor: Suggests that Finance Committee review current quarterly transfers from General Fund and Income Taxes.

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REMINDER:         Stark RPC: Governmental Law Seminar will be on Saturday, February 24, 2018 for Municipal Officials. Those members of Council interested may want to register.

 

Recreation Board: 2018 Easter Egg Hunt – March 31st at Bimiler Park at Noon; ages 1-10

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American Legion Post 160 request that Village sponsor a Fairless student to participate in the 2018 Boys’ State at Miami University; sponsorship = $ 350.

 

Safe Kids Stark County Donation Request: April 21st- 10 am-1 pm Safe Kids event at Fairless High School for area children; to interact with & be educated by Police & Fire personnel; 1^st time in Western Stark County; $ 250 donation suggested by Jen Mohler. 

 

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

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to schedule a Safety Committee meeting on March 5^th at 6:00 pm to discuss parking regulations and the neighborhood watch program.  Councilman Hilliard stated that Captain Taylor would be heading the program.  The vote: All yes.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to approve a donation of $350 to sponsor a Fairless student to participate in the 2018 Boys’ State at Miami University from the Recreation Fund.  The vote: All yes.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to approve a donation of $250 to the Safe Kids event at Fairless High School for area children from the Recreation Fund.  The vote: All yes.

 

Councilman Godwin asked Clerk King if the General Fund could afford an increase in the Parks and Grounds quarterly transfer from $2,500 to $4,000.  Clerk King stated she did not feel comfortable replying off the top of her head and wants to look at the numbers before answering.

 

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to schedule a Utility Committee meeting on March 19^th at 6:00 pm to discuss general utilities.  The vote: All yes.

 

Councilman Godwin requested that the VA get quotes for Village curbside cleanup.

 

COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to create legislation for: 4.10 Employee Workers Compensation Policy; 4.12 Employee Injury Leave Policy, and 4.12 Employee Transitional Work & Modified Duty to add them to the Village Employee Handbook.  The vote: All yes.

 

COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to appoint Councilman Hawk and Councilman Hess to 2-year terms to the Housing Council.  The vote: All yes.

 

 

COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to adjourn the meeting at 8:24 PM. The vote: All yes.

 

 

Respectfully submitted,

 

Kris King, Clerk-Treasurer

 

Mike Schwab, Mayor