December 3, 2018 - Council Meeting

December 3, 2018
7:00 P.M.
Brewster Village Council met in regular session with Mayor Mike Schwab presiding.
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                 
Thomas Hilliard, Council Member             Sydney Radich, Council Member                              
John Anthony, Solicitor                                  Kris King, Clerk-Treasurer
Michael Miller, Village Administrator
Mayor Mike Schwab asked if there were any additions or deletions to the November 19, 2018 Council meeting minutes. 
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to accept the minutes as presented.  The vote: All yes
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to accept the bills in the amount of $ 225,000.06.  Councilman Hilliard mentioned getting business cards cheaper over the internet.  The vote: All yes.
Anna Crawford of the Independent Newspaper, Fire Chief Colucy, Police Chief Creter, and Ray Heitger were in attendance.
CONSIDERATION OF ORDINANCES:  Titles of each read by Solicitor John Anthony
ORDINANCE 53-2018:  An Ordinance Amending Chapter 92.08 of the Codified Ordinances to Restrict Smoking, Tobacco Use, and Vaping in Village Parks.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to pass the legislation as read.  Councilman Hilliard stated he hates to pass this ordinance, but you used to be able to ask people not to smoke around the children and they would stop.  The vote: All yes.
ORDINANCE 54-2018:  An Ordinance Authorizing a Contract with the City of Massillon Law Department to Provide Prosecution Services from January 1, 2019 to December 31, 2019 was given third reading.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to pass the legislation as read.  The vote: All yes.
Third Reading:  A Resolution Authorizing a Fire and Ambulance Contract for Tuscarawas Township.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to table the legislation because terms of the contract have not been submitted by Tuscarawas Township Trustees.  The vote: All yes.
Second Reading: Amend Village Zoning Code Chapter 153.138 Yard Requirement in a B-1 Zoning District.
Second Reading: Authorize the Addition of Employee Policy 1.02 – Nature of Employment.
Second Reading: Authorize the Addition of Employee Policy 1.03 – Management Rights.
Second Reading: Authorize the Addition of Employee Policy 1.04 – Right to Add, Change or Delete.
Second Reading: Authorize the Addition of Employee Policy 8.01 – Standards for Discipline.
Second Reading: Authorize the Addition of Employee Policy 8.02 – Progressive Discipline.
Second Reading: Authorize the Addition of Employee Policy 8.07 – Determination of Appropriate      Discipline.
Second Reading:  Authorize Temporary Appropriations for 2019.
Second Reading:  Authorize a Resolution of Amending and Appropriating Funds.
Second Reading:  Authorize Supplemental Appropriations for 2018.
Second Reading:  Authorize a General Fund Transfer.
Second Reading:  Authorize a Contract with LOGIC for Police and Fire Dispatching in 2019.
Second Reading:  Authorize Increasing the Village Income Tax from 1.5% to 2% for Funding Operations of the Fire Department.
Second Reading:  Authorize the submittal to Village Electors on the May Ballot a Temporary Increase of the Village Income Tax from 1.5% to 2% for funding Operations of the Fire Department.  Councilman Hilliard would like to have another meeting because before the third reading.  He does not think the five-year term would generate enough money.  Councilman Godwin asked the Fire Chief if all his needs would be met with this income tax in five-years.  Chief Colucy stated they would have to scale down because it would not be enough to do what they wanted.  He suggested seven to eight years in order to be able to expand the building and other equipment needs.
Intro from the Mayor:  First Reading:  Authorize a Line of Credit Agreement with American Municipal Power (AMP) for a $2.6 million Upgrade and Expansion Substation Project.
First Reading:  Authorize the Addition of Employee Policy 7.20 – Credit Card Policy.
Table at Second Reading:  Approve Compensation for Village Clerk-Treasurer Effective April 1, 2020.
Loran Soliman, owner of the Station Restaurant, is asking Council to not object to his request for a C-1 License for the restaurant.  The C-1 permits beer sales for carry-out only.  Mr. Soliman wants to get the permit and transfer it to Georgio’s Pizza in Navarre.  There are no similar permits available in Navarre.  He stated it would not make sense to have a permit in Brewster when his hours are 6am to 3pm.  Councilman Hilliard stated he is concerned because the permit will have the Station’s address listed.  In his view, it looks a little shady.  Mr. Soliman has approval from the Navarre Council and Mayor.  He has been told by the Department of Commerce that it is legal.  Mr. Soliman presented a contractual agreement written by his attorney stating it would be transferred to Navarre upon issuance.  Mayor Schwab feels Mr. Soliman is sincere and thinks Council is inhibiting economic development by objecting to him request.  Councilman Godwin asked Solicitor Anthony if this would set a precedent.  Solicitor Anthony stated that going forwarded each case would be considered individually.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to go into executive session to discuss to meet with Legal Counsel to discuss disputes involving the Village that are subject to pending or imminent court action.  The Solicitor and Mayor were invited to join Council in the session.  The vote: All yes.  They left the room at 7:26 pm.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to exit executive session at 7:35 pm.  The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to withdraw the Village’s two objections to the liquor permit for the Station Restaurant as long as Mr. Soliman signs the submitted contractual agreement.   The vote: Hilliard, yes; Radich, yes; Fox, yes; Godwin; Hawk, yes; Hess, abstain.  Councilman Hilliard thanked Mr. Soliman for bringing his business to Brewster.
Fire Department: Chief Colucy
There are 749 calls to date. Four of those were today.
Awaiting the Fire Contract from Tuscarawas Township for Fire and Ambulance Services to that township.
November ambulance fees collected: $17,404.37; Average monthly total is $14,000.
Training approved:  Jacki Hickman will attend a Paramedic Refresher Course January 31st through March 6th; the cost is $300 each with a possible grant to cover the cost; 4-hour classes are one day a week for six weeks.
Chief Colucy stated a five-year .5% income tax increase will not be enough to do what is needed by Village fire and EMS.
Police Department: Chief Keith Creter
Introduction of part-time Police Officer candidate, Jennifer Martin; Mayor requests that Council
approve his appointment of Jennifer Martin as a Part Time Police Officer pending successful
drug/physical exam; background check completed (Council copy of Mayor’s letter).
Monthly activity in PD (emailed by Chief to Council).  There have been 995 calls this year.
Brief overview of Virtual Academy $1104.00 year ($69.00 per officer/year); Training program.  Councilman Godwin thinks the virtual programs are great.
02/2019 Liquor Permit Renewals: no objections on the current liquor establishments’ licenses.
Nothing to report.
Solicitor Anthony provided an update on the Bloom Township re: Stark County litigation.
OML Bulletin:In Committee - HB 538 - LOCAL GOVERNMENT FUND. would increase the proportion of state tax revenue allocated to the Local Government Fund from 1.66% to 3.53% beginning July 1, 2019. 
Administrator’s report for period 11/20/2018 thru 12/3/2018:
  • Electric –Substation Upgrade/Expansion. The last few weeks have seen a flurry of activity regarding the proposed Electric Substation Upgrade/Expansion Project and the Electric Rate Study underway to assure that our rates can support the project. I distributed relevant previously.
A meeting was held with the Mayor, Electric Department personnel, and myself regarding the design for the proposed Electric Substation Upgrade/Expansion with GPD. At that meeting tentative timelines were developed for the purchase of the equipment, which as I mentioned at the November 19th Council meeting need to be bid first because of the time needed to build the equipment.
Subsequently, the Mayor and I met with Courtney and Associates on Tuesday November 20th about the Electric Rate Study. We now have a good idea of their recommendations.
Then, the Mayor and I spoke to AMP about financing for the Electric Substation Upgrade/Expansion Project on Wednesday November 21st. Their written confirmation of our conversation was previously provided to Council.
The plan and the outline of the various steps that need to be taken for moving forward, based on all the information gathered, is:
Financing Plan:
  • December 3rd - Utility Committee Meeting to discuss Substation Project Financing and bidding schedule
  • December 17th - First Reading Ordinance to get Line of Credit Financing through AMP for $2.6 million (Equipment $1.3 to $1.4 million and Construction $1.2 to $1.3 million)
  • January 7th -  Second Reading Ordinance to get Line of Credit Financing through AMP – need to pass on emergency to get it on AMP January 16th – 17th agenda
      Equipment Bidding Plan:
  • December 3rd - Utility Committee Meeting to discuss Substation Project and confirm bidding authority
  • December 4th – coordinate with GPD to advertise and receive bids for equipment for Substation Project
  • Early February – open bids for equipment for Substation Project
  • February 19th – Council awards contract for equipment for Substation Project (or kills Project)
      Construction Bidding Plan:
  • December 3rd - Utility Committee Meeting to discuss Substation Project and confirm bidding authority
  • Coordinate with GPD to advertise and receive bids for construction of Substation Project. First advertisement AFTER February 19th Council decision to award contract for equipment for Substation Project (or not)
  • Early April or after – open bids for construction for Substation Project
  • Late April or after – Council awards contract for construction for Substation Project
      Electric Rate Study and Rate Adoption Plan:
  • December – Finalize rate recommendation to Council
  • January 17th – Presentation of Rate Study to Council by Courtney and Associates
  • February 4th - First Reading Electric Rate Ordinance
  • February 19th – Second Reading Electric Rate Ordinance
  • March 4th - Third Reading Electric Rate Ordinance
  • Early as possible – move to new PCA calculation
  • June or July 1st – new rate structure for 2019 into effect
I will continue to keep Council informed as to developments. Please feel free, as always, to contact me if you have any questions or need me to obtain any additional information.
  • Credit Card Policy. I have made some revisions to the completed DRAFT of a credit card policy. It meets all the requirements of Ohio Revised Code Section 9.21. I have also previously provided a copy of Ohio Revised Code Section 9.21.
The legislation to adopt the new Credit Card Policy is scheduled to have its first reading December 3rd (tonight).Council needs to adopt a credit card policy not later than three months after the effective date of ORC 9.21; that means Council must adopt a credit card policy by January 31st, 2019.  Council has time to give the legislation three (3) readings before adopting a credit card policy.
At the suggestion of the Law Director, the policy should be included in our Employee Handbook.
  • Employee Handbook Policies. Council now has the bulk of the Employee Handbook disciplinary process rules before, it. As I indicated before, it is one of the last areas that needs to be addressed to “finish” the revision of our Employee Handbook, together with work rules.
I am now forwarding the revised set of Work Rule Policies that are part of the disciplinary process. A majority of what is included already exist in one form or another. They are:
  • 8.03 Work Rules: Gross Misconduct
  • 8.04 Work Rules: Serious or Gross Misconduct
  • 8.05 Work Rules: Serious Misconduct
  • 8.06 Work Rules
There are some new areas addressed as well. The major difference from the old work rules and the draft work rules that are attached is that it is clear where on the progressive disciplinary scale (i.e. counseling to termination) a violation puts an employee for a first infraction. For example, a “first” tardy would start with counseling, while a first “theft” would be potentially a termination offence.
While they are for the most part not new, there is a lot there, so Council may wish to schedule a Committee meeting to go over these, either before the first reading or before adoption after third reading.
I am requesting that Council adopt 8.03 Work Rules: Gross Misconduct, 8.04 Work Rules: Serious or Gross Misconduct, 8.05 Work Rules: Serious Misconduct, and 8.06 Work Rules on a non-emergency basis, make them codified ordinances in Chapter 38 EMPLOYEE REGULATIONS of our Codified Ordinances, and add them to our Employee Handbook. 
  • Flexible Spending Accounts. The Village employees recently received a presentation on Flexible Spending Accounts (FSA). Village employees who are eligible for health insurance through the Stark County Schools Council of Governments are also eligible to participate in the FSA program, even if they do not enroll for insurance. A FSA allows employees to take up to $2,650 from their paycheck, pre-tax, and use it for eligible expenses such as meeting deductibles. It costs the Village nothing to have our employees participate.
  • Solar Project. The Brewster Solar Project continues to move forward. The solar facility will be hooked up to our grid and tested in December, prior to going “commercial”, which is still targeted for January 2019. I will keep Council informed as we move forward.
  • Leaf Pick-up. The leaf pick-up was VERY LIMITED the past two (2) weeks. Weather and the calendar didn’t help matters, as between rain, snow, and freezing temperatures that precluded pick-up, and the short Thanksgiving week we are behind. We will continue to pick-up leaves at least through Friday December 7thWEATHER PERMITTING!!!
  • Yard Waste. We received a communication form the Stark-Tuscarawas-Wayne Solid Waste District regarding the expiration of the current contract and timeline for implementation of a new contract. They informed us that:
  • the official grant agreements are currently effective through December 31, 2018, and
  • the 2019 Yard Waste Host Site Block Grants will not be voted on until the March Board of Directors meeting and will be effective starting April 1, 2019, and
  • the District will be extending the effective date of the current agreements to March 31, 2019, and
  • we would be able to utilize any remaining 2018 funding on a Christmas tree collection, and
  • the approved funding amount will not be increased to cover January 2019 through March 2019 and/or
  • the District will not be awarding any additional funding toward the April 1, 2018 - March 31, 2019 funding cycle. 
The District recommendation is to close our yard waste site in the winter months to reduce the collection hours, volume and overall program expense. I am recommending that we keep our site open, even without District funding. My reasoning is:
  • the cost is not too high – I estimate $810 plus our labor based on 2018 figures
  • residents will most likely continue to bring their yard waste in, because that is what they are used to. So, we would have to address that issue by either hauling it away or having the residents come back to retrieve it
  • we can post signs during the period that non-residents may NOT dump yard waste, because we are not receiving funding.
Councilman Hilliard asked if any stone had been put in the parking lot near the yard waste.  He stated it was pretty muddy.  VA Miller to address it.  Councilman Hilliard also stated the block around the dairy, especially Needham was getting pretty rough. 
Councilman Godwin what happened with the basketball hoop that was caught on the hose of the leaf vacuum and almost hit the employee sucking the leaves up.  Mayor Schwab stated it was handled.  Councilman Hilliard thanked the Mayor for handling it.
1.            Huntington Brewster Branch Building - Update
  • The Huntington Brewster Branch will close January 8, 2019
  • You may recall that three parties have contacted Huntington Real Estate about purchase of the building; Huntington advises that the appraisal of the property has been completed and a purchase price for the building will be set in the coming weeks.  
  • Village officials have talked with two of the potential buyers of the building and in this past week have contacted the third party and offered to assist
2.            Village’s 2019-2020 Gas Aggregation Program Report
Village consulting firm rep Andrew Burns of Independent Energy Consultant (IEC) reports that:
  • Volunteer Energy (VESI) mailed opt-out letters to 432 households and small businesses that participated in the program in 2018 and VESI reports that all 432 continued in the program.
  • VESI mailed opt-out letters to 135 "newly eligible" customers (those who had not yet chosen a supplier) and only 5 of those chose to opt-out of the 2019-2020 program.
  • At the end of the day, all current participants stayed in the program and with 130 new accounts the total participant enrollment for 2019-2020 is 562 households and small businesses.
  • Rate = $ 4.053/Mcf (1000 cubic feet) from October 2018 – September 2020 
3.            Pending May 2019 Primary Election Issue – 0.5% Income Tax for Operation of Fire Department
  • 90 days before primary election in 2019 = February 6, 2019 Deadline for submittal
  • If approved as currently structured: a 0.5% Income Tax = $ 400,000 in each of the five years
  • Mayor’s Suggestion on managing an additional $ 400,000 (see attachment for $ info)
(1) $ 125,000 for personnel to expand 12/7 Paramedic coverage to 24/7
(2) That the proposed addition to the existing Fire building be accomplished in Phases Phase 1 = the proposed $ 750,000 Rear Fire Building addition that houses a meeting room, showers and restrooms, a turnout gear room, and a laundry room – an example:
$ 168,000 at 4.5%/five years = Cost per year ($ 168,000 X 5 = $ 840,000 in payments)
(3) $ 22,000 for equipment funding         ($ 22,000 X 5 years = $ 110,000)
(4) $ 60,000 toward vehicle funding         ($ 60,000 X 5 years = $ 300,000)
(5) $ 25,000 vehicle maintenance and contingency funds
  • Mayor’s opinion: Village governments’ role is to provide efficient services to the residents & to safeguard the health and safety of firefighters/medical personnel; housing vehicles is secondary
  • Intended as a Game Plan to address multiple needs; open to modification to meet Council’s desired strategy
  • Since Council had a Second Reading on legislation to place an Income Tax Issue on the May Ballot may I request a Council of the Whole Committee Meeting to work toward providing Village voters with a priority list for spending the requested additional funds
4.            Pending Electric Superintendent Retirement
  • Electric Super George Radich has submitted his retirement papers with a retirement date of December 31, 2018
  • George was hired into the Village Water Department on February 24, 1976 and has worn several hats in his forty-two years including Water Superintendent and Electric Superintendent
  • He is the driving force in updating and building the current Village Electric system, and he will leave a distribution system and department of which he and we can be proud
  • George’s expertise, knowledge, guiding hand, and candor will be missed
  • Note: VA Miller will be advertising for an Electric Lineman to supplement the remaining staff
Councilman Hilliard wishes that George Radich would have stayed on long enough to train the new employee.
November 6 – November 19, 2018:
Please take the time to review and sign the check register on the table.
I am working on an Amended Certificate to send to the Budget Commission.  This will allow the Village to spend additional funds that were not expected.
I am still working on the end of the year figures for the three remaining pieces of legislation I requested.  I will send each one out as it is completed for your review before the next Council meeting.
We had a good response from the employees on the Flex Spending presentation by Stark County Schools Council of Government.  I will be working with the employees to get those who wish to participate signed up and their deductions set up.
After careful review of the time systems to track time and attendance and processing the payroll, I would like to recommend PayChex.  Everyone will be paid bi-weekly and have direct deposit.
Starting January 1st, the employee portion of the insurance will go up 1%.
We received an invoice for $3,247.34 for insurance run-outs.  These are claims that were not paid by the previous insurance company.  Medical Mutual ran it through our current system.  Our agreement with Medical Mutual on these claims ends December 31, 2018.  I am requesting Council’s approval on this invoice.  I am expecting one more invoice for run-outs in January or February. 
The Local Government Elected Officials Conference will be March 6 – 8 with the first day being Public Records training.  Anyone wishing to go please let me know so I can get the hotel rooms booked.  Councilwoman Radich, Councilmen Hawk and Godwin, VA Miller, and I will be attending the training.
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
Councilman Fox reported on the Utilities Committee Meeting this evening to review a proposed Electric Department Mutual Aid policy and a proposed Substation Expansion Project
Parks, Grounds, & Buildings Committee meeting minutes from November 19th, 2018
Public Hearing on 12/17 at 6:45 pm to review an Amendment to Zoning Code Chapter 153.138                
Public Hearing on 01/07 at 6:30 pm to review four PC recommended Amendments to Zoning Code
Planning Commission Meeting on 01/24 at 7 pm to continue review of Village Zoning Code
Stanwood Community Church: Looking for area homes in need of repair for Reach Mission in 06/2019
EXPENDITURE REQUESTS from past Meetings:
Council Committee (11/05): Proposed Trash Aggregation Program; VA provided a Draft for review
Fire Chief: proposal to provide a shift stipend for three members of the Village Fire/EMS for calls
occurring between the hours of 11 pm and 6 am.
VA: Municipal Road Fund applications accepted until March 15, 2019
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER HESS and motion carried to accept the Mayor’s recommendation to appoint Jennifer Martin as a probationary Patrolman pending a physical, background check, and physical.  The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to schedule a Council of the Whole meeting to discuss the Fire Department’s Proposed Income Tax Ballot Issue on December 10th at 6:00 pm.  The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to pay the invoices for insurance run-outs from the last insurance company.  The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to approve the Clerk’s recommendation to contract with PayChex for time and attendance and payroll.  The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to draw up legislation adopting 8.03 Work Rules: Gross Misconduct, 8.04 Work Rules: Serious or Gross Misconduct, 8.05 Work Rules: Serious Misconduct, and 8.06 Work Rules and adding them to the Employee Handbook on a non-emergency basis.  The vote: All yes.
COUNCIL MEMBER GODWIN, SECONDED BY COUNCIL MEMBER FOX and motion passed to create legislation to pay an additional $3.00 per hour for members of the Volunteer Fire Department responding to calls from 11 pm to 6 am.  The vote: All yes.
Councilman Fox asked the VA if he had made the recommended changes to the trash aggregation proposal.  The VA stated he made the changes discussed but still had some items to discuss with Councilman Fox.
VILLAGE SPEAKS: Communications Received by Council members from Village residents
I reported that Village Hall had received many calls concerning leaf pickup.  Councilman Hilliard asked if other departments could jump in.  VA Miller stated that the Utility personnel do assist on a regular basis, but scheduled meter reading tasks has interrupted.  Councilman Godwin suggested using the little leaf machine be used in the parks.
No one wished to speak.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER RADICH and motion carried to adjourn the meeting at 8:43 PM. The vote: All yes.
Respectfully submitted,
Kris King, Clerk-Treasurer
Mike Schwab, Mayor