January 2, 2018 - Meeting Minutes

JANUARY 2, 2018
7:00 P.M.
Solicitor John Anthony administered the Oath of Office to Dale Fox, Andrew Hess, Tom Hilliard, and Sydney Radich as members of Council.
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
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 December 18, 2017 Council meeting minutes. 
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX 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 $ 41,254.48.  The vote: All yes.
Fire Chief Chris Colucy, Police Chief Keith Creter, Stephen and Angie Hess, Bob and Carol Luckring, Larry and Jennifer Limbert, Joe Radich, and Mike Radich.
Mayor Schwab open nominations for the position: Council Member Fox nominated Council Member Hawk. Council Member Godwin seconded the nomination. Council Member Hawk accepted the nomination. Mayor Schwab closed nominations. Voice vote: All yes.
Mayor Schwab provided Council copies of the 2018 Council Rules for review via email. Council Member Fox moved, seconded by Council Member Hawk and motion carried to amend Rule #6 and set the available time limit at 9:00 PM. This allows Council to adjourn at a specified time and reconvene at a later date. The vote: All yes.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to adopt the rules as amended.  The vote: All yes.
Council Member Fox told the new Council Members that the Rules of Council are a great quick reference.
CONSIDERATION OF ORDINANCES:  Titles of each read by Solicitor John Anthony
Second Reading: An Ordinance Authorizing the Adoption of an Employee Longevity Policy (VA requesting amendment to add part-time employees).
RESOLUTION 01 – 2018: A Resolution of Appreciation to Paul Mackey for his service as a Member of Council was given first reading.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to pass the resolution as read. The vote: All yes.
RESOLUTION 02 – 2018: A Resolution of Appreciation to Steve Tharp, Jr. for his service as a Member of Council was given first reading.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to pass the resolution as read. The vote: All yes.
Fire Department: Chief Chris Colucy
Chief Colucy reported there are 775 calls for the year. This is a new record.
Brewster Fire Dept. received the State Fire Marshall Grant of $ 50,000 for MARCS radios; FD will also receive $25,000 from the North Lawrence Fire Department’s State Fire Marshall Grant to be used for MARCS radios.  The department also applied for a Regional FEMA grant for $78,000 with a Village match of 5%.
From Mercy Medical Center: Roger Carpenter, Randi Carpenter, and Jacki Hickman completed a Prehospital Life Support Course (16-hour trauma certification class) under a Mercy Medical Center grant. Congratulations and thank you to Roger, Randi, and Jacki and to Mercy Medical !
BWC Grant received for the purchase of Gear Extractor – Turnout Gear Washing machine; cost is
$ 7,700 with BWC grant for $ 6,475.00 and Village $ 1,295.00; Good Job Chief !  The payment should be received within the next eight weeks and then the department has 90 days to make the purchase.
Chief reviewed proposals for the 2018 Fire & EMS Budgets with Village Clerk, VA, and Mayor.
Councilman Hilliard asked about the Fire Truck grant.  He wanted to know what the match would be.  Chief Colucy stated it would 5% or around $24,000.
Police Department: Chief Keith Creter
2017 Department Report: 882 calls this month.  The total for the year is 8,886 calls.
Massillon Police Department Letter: Prisoner Transportation Contract for 2018; $ 125 per prisoner transported & $ 20 fee for processing each Summons; requires Legislation to approve.
Council Member Hawk asked if we can get our money back for these costs. He also asked if we get charged for housing the prisoners. Chief Creter stated we do not get our money back and bed fees, so to save cost, they try to issue summons when possible.
$500.00 donation received from the Grass Family, from the Zach Grass Memorial Fund for DARE.  Councilman Godwin requested the Mayor send a “thank you” letter.
Chief reviewed proposals for the 2018 Police Budget with Village Clerk, VA, and Mayor. Council Member Hilliard asked if the carport, he had mentioned at the last meeting, is in the budget for 2018. Chief Creter stated that we are not down to specifics and are still working on the budget.
Councilman Hilliard mentioned the cruiser that was hit by a deer. He asked if the car was out of commission at this time. Chief Creter stated this car is still being used thanks to duct tape. It will only be off the road for a couple days when the repairs are made.
VILLAGE SOLICITOR:Attorney John Anthony
Solicitor Anthony has sent out soft billing collection letters to delinquent EMS accounts.
The Village is officially on the new insurance policy. Run-outs are being handled by Medical Mutual and the stop loss is through the Jefferson Health Plan. He has heard reviews of the new health plan through Stark County Schools Council of Government and they are reported as a very stable, efficiently operated group.
Solicitor Anthony had reported at the last meeting that there was no stay on the legislation for income tax. He has since heard a stay has been granted until February in which a court case will be decided. The actual case will probably not be heard until December 2018.
There have been two rulings in favor of Home Rule. The first one involved traffic light/cameras. The Ohio Supreme Court ruled in favor of Home Rule meaning that municipalities are allowed to govern themselves over the traffic light/cameras. The other case revolved around a municipal’s ability to hire local labor. Home Rule was upheld meaning a municipality is now permitted to require local labor if they so choose.
Mayor Schwab recommended that Council Members read two articles in the OML’s “Cities and Villages” magazine. The first article is titled Ohio Recreational User Immunity and the second is Ohio Ethics Law applied to Public Officials. Both articles provide valuable information.
The yard waste dumpster at the Village Yard Waste Drop Off site has been pulled by the Stark – Wayne – Tuscarawas Joint Waste Management District until March 17, 2018. The Street Superintendent and VA have a dumpster arrangement for Christmas trees and any additional yard waste until the Waste Management District resumes their program.
The Station Restaurant has closed their doors effective December 23 but will reopen on January 20 under a new owner. The menu will be the same with the addition of several new items.
 Administrator’s report for period 12/19/2017 thru 1/2/2018:
  • Disposal of Vehicles. I am requesting authorization to advertise/auction/sell the following vehicles no longer needed for village use:
  • 2003 Horton Ambulance
  • 1977 former rescue vehicle currently used by Water Department
  • 1986 high cube van (“ERT”) currently assigned to the Police Department
  • Year End Reports. I am working on year end reports for all departments.
  • Employee Handbook Policy. As a reminder, there is a pending wage ordinance regarding longevity. It has been brought to my attention longevity for part time employees, as it currently exists, was left out. I have previously supplied a redraft with changes in red – 3.20 Longevity draft 6.
I am requesting that Council amend 3.20 Longevity policy to the draft 6 version and adopt the amended version on a non-emergency basis, make it a codified ordinance in Chapter 38 EMPLOYEE REGULATIONS of our Codified Ordinances, and add it to our Employee Handbook.
VA Miller discussed the turnout gear grant.  He stated that the match for the Village for the gear extractor is $1,300 but there is also going to be some additional costs because some replumbing needed to be done.  The VA stated the Fire Department wants to reconfigure the washroom to be able to have a regular washer so as to not wear out the expensive one on washing towels.  They also may have to buy a stackable set in order to have three pieces of equipment in the limited space.
There will be additional costs with the $50,000 MARCS grant because the VA wanted to make sure the Village received all the money that was available.  That additional cost is $465.15 for an additional radio.
Councilman Godwin is concerned that it is going to cost more for the legal advertisement to sell the unneeded vehicles than will be received from the sale.  VA Miller stated this will not be the case because all three vehicles will be in the same ad.  There will also be a scrap reserve in case it is better for the Village to sell for scrap.
Councilman Hilliard asked if the seasonal workers were done.  VA has asked one gentleman to come back and take care of the sidewalks at Village Hall if it snows.
Councilman Hilliard asked if the Tax Administrator would be having set hours.  The Mayor stated that he has talked to Mr. Hartman and the hours have not been decided as yet.
Councilman Hilliard had talked to Supt. Patterson and he has suggested a new cab and chassis and remounting the stainless bed from another truck.  VA Miller stated he and Supt. Patterson will be reviewing the numbers.
Council Member Hilliard asked when will the budgets be completed.  VA Miller stated the meeting and budgets should be completed by the end of the month.  WE are still reviewing major purchases.
1.            Challenge to members of Council and all Village Officials
Our sole job as elected officials is to make Brewster a better place to live.  This can only be accomplished by providing the most efficient operation in each department and working within the revenue received.” 
In the past, I have asked each Council member to work on one or two pet projects each year.  I will take this a step further in 2018.  At the January 16th Council meeting, I will call on each Council member and ask each to list a project or projects on which they plan to work in 2018.  I ask that members of Council propose realistic goals using two steps in their proposal: the first is the need and benefit of their project and, if an expenditure is involved, the second step would be how to pay for the project.   I believe that if a Council member researches a project, formulates the scope and the cost for the project, and arrives at a realistic method to cover that cost, he or she will have a better understanding of what a proposal entails.  Also, if the project is achieved the Village residents will benefit.  
  1. From December 18, 2017 Council Meeting:
EMT Training for Firefighter Tyler Carpenter and Trevor Heaton at $ 1460.00 each; the proposed training for Tyler and Trevor has been reviewed & approved by the Village Clerk, Mayor, and Village Administrator & forwarded to Council for their consideration.  
3.            2018 Council Rules:
As a procedural document Council Rules are a fluid instrument subject to modification as needed. In retyping these as a Word document, I noted a couple of minor changes that may be in order. In the next several months I would ask that Council consider looking again at these Rules to clean up the language such as:
Reword Paragraph three of Council Rule #6 to reflect a Village ordinance adopted in 2011:
“Council shall meet in regular session at the Council Chambers at 7:00 p.m. on the first and third Mondays of each month. Whenever the date of a regular meeting of Council falls on the following legal holidays as defined by O. R.C. 1.14 (or any statute hereafter adopted by the Ohio Legislature) then the regular meeting shall be held on the Tuesday following such legal holiday: New Year’s, Memorial Day, Independence Day, Labor Day and Veteran’s Day”
(Ord. 82, passed 11-30-1915; Ord. 104, passed 11-27-1917; Ord. 19-1970; Ord. 21-2011)
NOTE: ORC 1.14 also includes the third Monday of January, Martin Luther King Day and the third Monday in February, Washington-Lincoln Day
4.            2018 Budget Narrative
In order to provide a better understanding of the 2018 Budgets in each Department we will provide a narrative for each Budget that describes what is included in each line item such as Wage, Benefits, Contractual Services, Training, Operation & Maintenance, and so forth. 
  1. Mayor’s Annual State of the Village Report
It is my intent to provide Council with the information listed in #5 above as well as a brief reflection on what was accomplished in 2017 and what is planned in each Department in 2018.  The VA has similar reports in mind in the Utilities and Street Departments so the Mayor’s report will deal mostly with Police and Fire.
  1. Info - Difference between an ordinance and a resolution:
The term “ordinance” refers to the type of legislative action by Village Council that is of a general or permanent nature. Ordinances usually amend, repeal or supplement the Municipal Code; provide zoning specifications; or appropriate money for specific purposes.
The term “resolution” is used in connection with the action of Village Council in passing legislation referred to as a declaration of intent or purpose, or the authorization of some temporary act or administrative procedure.  A resolution is a formal expression of opinion or intention of Council. A resolution may initiate, direct, or carry out administrative duties and functions that are granted to Village Council under statutory laws or municipal ordinances.  Brewster Council considers informal resolutions at first reading. 
Mayor Schwab reviewed the Council Committee and Standing Committee assignments.
December 16, 2017 – January 2, 2018
The 2017 Year-End and Expense Report were placed in Council’s mailboxes on December 30th.  There was no General Fund Year-End transfer in 2017.
The Village Income Tax Collections from 2006 through 2017 spreadsheet for Council’s review was provided in the meeting packet.
The employees are enrolled on the new health, dental, and vision insurance.  The cards have been received and everything has gone smoothly so far.  To the best of my knowledge, all 2017 EOB’s have been faxed to Ohio Insurance Services.  I have a call into SCSCOG concerning life insurance.
The IRS mileage reimbursement has been increased in 2018 from $.535 to $.545.
I need to know who is going to the Local Government Officials’ Conference March 21st-March 23rd in order to make accommodations.
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.
Council of The Whole minutes from December 18, 2018.
REMINDER:         Stark RPC: Governmental Law Seminar will be on Saturday, February 24, 2000 for Municipal Officials. Those members of Council interested may want to register.
EXPENDITURE REQUESTS from past meetings:
From the Fire Chief: EMT training for Tyler Carpenter and Trevor Heaton at a cost of $1460 each.  This has been reviewed and approved by the Village Clerk, Mayor, and Village Administrator and forwarded to Council.
AMP Proposal – Icebreaker Wind Farm Project on Lake Erie; Six turbine Pilot Program.  VA proposes to have AMP come down and make a presentation.  He feels this is cost prohibited at this point but would like to know more about it for when it becomes feasible for the Village to consider.
2018 Municipal Road Fund Applications are being accepted until 02/15/2018.
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 HILLIARD and motion carried to have the Village Administrator advertise for bids on the 2003 Horton Ambulance, the 1977 former rescue vehicle currently used by Water Department, and the 1986 high cube van (“ERT”) currently assigned to the Police Department.  The vote: All yes.  Councilman Hilliard asked if the advertisement would go out to other local municipalities and the VA stated it would.
COUNCIL MEMBER GODWIN MOVED, SECONDED BY COUNCIL MEMBER HILLIARD and motion carried to approve Tyler Carpenter and Trevor Heaton to attend EMT training at a cost of $1,460.00 from the EMS Fund.  The vote: All yes.
COUNCIL MEMBER HILLIARD MOVED, SECONDED BY COUNCIL MEMBER FOX and motion carried to draw up legislation to contract with Massillon Police Department for Prisoner Transportation for 2018 with costs of $ 125 per prisoner transported and $ 20.00 fee for processing each Summons.  The vote: All yes.

Councilman Godwin asked the VA about the Municipal Road Fund.  VA Miller originally planned to not apply but after learning that the State only plans to micro-seal the driving lanes and not the parking lanes on State Route 93 in 2019, he feels it may be a good idea to apply for the grant for the parking lanes for both 2018 and 2019.
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to set the Council Committees and Standing Committees as presented by the Mayor.  The Mayor discussed the assignments.  The vote: All yes.
Village Speaks:
Audience Remarks:
COUNCIL MEMBER FOX MOVED, SECONDED BY COUNCIL MEMBER GODWIN and motion carried to adjourn the meeting at 8:01 PM. The vote: All yes.
Respectfully submitted,
Kris King, Clerk-Treasurer
Mike Schwab, Mayor