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Council MinutesA Regular Meeting
on Monday, May 24, 2010 at 7:00 p.m.
Members Present: Bill Workman, Darrell Carey, Rick Hanlon, Lynn Beaumont, Glen Russell and Richard Lapehn
Members Absent: None
Presiding: Mayor William Robertson
Invocation was given by: Barbara Brooks, clerk followed by the Pledge of Allegiance.
Approval of Minutes – May 10, 2010
Hanlon indicated in the workshop discussion that the linear feet listed should be 2200 instead of 200. The clerk was in agreement. Carey moved to approve with the correction, all Yeas on roll call and motion carried.
Workshop - None
Citizens Forum - None
Old Business
a. Motion to Remove Ord. No. 7602 from the Table
Carey so moved, upon roll call; Russell-No, Beaumont-Yes, Carey-Yes, Workman-No, Lapehn-No, Hanlon-Yes – 3-3 tie, Mayor – No and motion failed.
New Business
a.
Ord. No. 7604
An Ordinance of the Council of the City of
Authorizing the Municipal Manager to Accept the Rates of Homestead Insurance
Agency, Agent for Anthem, Plan Blue Access PPO Option 10 with
Prescription Option G, Brunswick, Ohio, for Employee and Dependent
Hospitalization, Surgical and Major Medical Coverage for a Period
of One (1) Year Commencing June 1, 2010 and Declaring an Emergency.
Three
Council Member Russell inquired if part-time employees were covered on the city’s healthcare insurance.
City Manager Boggs advised no.
Russell inquired as to how many (part time employees) did the city have (employed).
Boggs advised he would guess approximately 18-20.
Russell inquired if there was an employee working at City Hall year round, part-time.
Boggs advised yes.
Russell inquired if the Law Director was considered part-time or full-time.
Boggs advised he was considered salary.
Russell inquired as to what would be the difference in the two employees.
Boggs advised he believed she was covered under her husband’s policy and she has never come to him expressing the need for health insurance.
Russell advised he would like to include this part-time employee (City Hall) if they were going to include Kevin (Bower) as a full-time employee then they should also include (this employee).
Mayor Robertson indicated he felt the difference was the law director was a salaried employee and the part-time employee at City Hall was hourly.
Russell advised he was looking at the employee and not whether they were salary or hourly, but whether they worked year round part-time. He advised the law director wasn’t necessarily working full-time (for the city).
Robertson advised they might then be forced to offer it (health insurance) to the other part-time employees as well.
Russell advised that was why he questioned how many part-time employees there were.
Boggs advised there were other part-time year round employees and the employee in question here was consistently 30-32 hours a week.
Russell advised if this employee has insurance somewhere else that was fine, but he felt they should give her that opportunity.
Boggs advised they have never offered this employee coverage because she was part-time and it was his understanding she had coverage through her husband, but he was not 100% sure.
Council Member Carey inquired of Mark Herwick, agent for Homestead Insurance as to what was the definition of a part-time employee per the insurance carrier.
Herwick advised the contract signed with any major medical
carrier would tell you that the average of 25 hours a week over
a 365 day period. He advised seasonal employees generally were
not counted, as they don’t work more than 9 months a year. Herwick
advised the definition by law in the State of
Boggs advised he felt many of the part-time employees were seasonal. He advised there were 2 permanent part-time employees that work 32 hours a week in the police department and they are offered insurance (per the union contract). Boggs advised they have not offered any of the other part-time employees health insurance. He advised the ones in the many of the other departments were seasonal.
Herwick advised an employee who posts 25 hours or more per week 9 months of the year would qualify.
Council Member Lapehn advised he could think of several at the recreation center who probably qualify.
Boggs advised he could check on the number of part-time employees and get back to Council and look at the existing policy.
Council Member Hanlon advised the current (insurance coverage) policy expires at the end of May and they needed to pass this ordinance for the full-time employees and bring the other information back at the next meeting.
Boggs advised if that was the law, he felt it was a moot issue.
Lapehn inquired if it was
Herwick advised yes, sir.
Robertson inquired as to how that would affect this contract.
Boggs advised currently if a new employee was hired they add on to the existing policy.
Lapehn advised it was his understanding that companies would have to offer it, but they wouldn’t have to pay for it, for those working 30-32 hours a week as a group coverage, but they don’t have to help (pay the premium).
Herwick advised any contract or group insurance would state they didn’t have to provide a minimum percentage of the employee only premium. He advised there were several townships and municipalities that his company writes (policies) for that will open it up for part time employees, but tell them that they have to pay 100% of the premium. Herwick advised if he was a seasonal employee and he wanted benefits as long as he was willing to pay the full premium, he would be permitted to go on the city’s insurance, he cautioned he would be very careful allowing such because they could open themselves up for adverse selection.
Lapehn advised he wasn’t making a suggestion, but merely questioning how the big stores such as Wal-Mart would be able to afford such. He advised he always thought the “bug a boo” was they never offer insurance unless you were 40 hours or more so they keep you under 40 and keep you off the insurance.
Herwick advised for a large group who was self-funded insurance plans they could pretty much rewrite the rulebook to some degree, as there were some laws that apply to them. Herwick advised but for a small group coverage of 50 or less employees that was correct for those employees with 25 or more hours a week, it was the law (to be offered insurance).
Russell inquired as to how long the insurance was paid for the employee under COBRA.
Boggs advised he believed a year.
Herwick indicated it could be 18 months.
Boggs advised the employee is paying the full premium (COBRA) to the city every month for that coverage.
Russell inquired of Bower if he was working 25-30 hours a week on average.
Law Director Bower advised it depends, probably not. He advised he pays for his own insurance 100%.
Hanlon advised his understanding of the part-time employee (being offered health insurance) as it relates to him as a business owner was that if he offers health insurance to one part time employee who as working XX hours or more a week then he would have to open it up to all the employees (who meet that criteria) according to state law. He advised it was his understanding that if he as a business owner chooses not to insure any employees that were considered part-time by state law then that was okay, but if he was going to offer it to one he would have to offer it to all.
Herwick advised that was correct as otherwise it would be considered discriminating.
Boggs indicated he would like a chance to look into the facts before Council voted on offering health insurance to such employees. He advised he believed it was a moot issue as far as this ordinance was concerned because if it was in fact what the law says they needed to do it anyway. Boggs advised he was concerned about (implementing) such without investigating, as this was the first time he has heard 25 hours vs. 32 hours. He advised previously he was always told it was 32 hours and he was concerned with saying it was now 25 hours without some investigation. Boggs advised he thought working over 32 hours for a certain number of consistent weeks was considered full-time.
Russell advised he would like to include those employees and since there was a deadline he felt they needed to get it corrected that night.
Finance Director Rissland advised she would like time to look at the financial impact as well as the legal implications. She advised if we were not required to put them on and how much it would cost if they choose to do so.
Russell advised if it was a law they didn’t have a choice. He advised Hanlon’s answer was if he offers it to one he was obligated to offer it to all part-time employees who average 25 hours or more.
Herwick advised if the company has a group policy/contract with a carrier and they have employees working 25 hours or more a week and they were not offered benefits, it could come back to haunt them if anything would happen to that employee and they would seek legal counsel the company could be sued.
Council Member Workman advised unless they were seasonal.
Herwick concurred.
Lapehn advised he preferred to have the city manager do some due diligence and find out and come back to council with a holistic (report) including a copy of the law and what other cities were doing and so forth and he wanted to get the full-time employees covered that night. He advised he was confused as to who was invited to be part of the group coverage, but told they would have to pay the total premium and those who were offered it as a benefit because of their employment level.
Boggs advised excluding the COBRA employee he believed the only one in that position was the law director who was added years ago under the previous city manager.
Lapehn inquired if it was due to the reasonableness of the cost of the coverage.
Boggs advised he had no idea, but they were just carrying forward with past practice. He advised he believed this was the first time he has seen the list of employees covered with the rate included as an attachment to the ordinance and he felt that might be causing some questions, but the different rates were because of the different levels such as employee, employee/spouse, employee/spouse/children or employee/children. Boggs advised he believed the only one in this (particular) situation was the law director. He advised Council passed the plan for non-union and union at 80/20 and it was a payroll deduction.
Lapehn inquired as to why the premium more than doubles if they were adding a spouse.
Herwick advised it was the way the actuarial paper was written and someone on their own wouldn’t have the benefit of the group rating.
Lapehn advised he understood that part of it, but if it were more than double to add a spouse it would be cheaper if two people working for the city to each have single coverage with the city.
Herwick advised many municipalities have passed ordinances that basically say if your spouse is eligible for coverage from their employer they cannot participate in the plan. He advised the schools were doing similar policies. Herwick advised he would suggest such a policy to this body so in the future it would keep employees whose spouses could get coverage from their employer from jumping on your plan simply because it was a better rate.
Council Member Beaumont advised he felt the ordinance they needed to pass was before them already and they could amend it once they give Larry (the City Manager) the opportunity to come back to us with the facts rather than making a significant change on the fly. He advised we needed to cover these employees and make amendments if necessary at the June Meeting.
Russell advised he didn’t have a problem if they pass this (legislation) because he trusts that Larry would come back with the employees that qualify. He advised he didn’t see that (Boggs) would hide anything so why couldn’t they pass it and let him come back at the next meeting with the employees that would be covered. Russell advised it would be easy enough to pass as is.
Robertson advised his amendment would be including the part-time employees before we know the financial impact.
Russell advised right since (Herwick) has already said 25 (hrs) or more was the law.
Robertson inquired as to how long it has been in effect.
Herwick advised at least the last couple of years.
Hanlon advised when he hires a new employee there was either a thirty day waiting period or he had to have that employee enrolled within thirty days.
Herwick advised when a company signs a group contract they actually select their waiting period and for a small group they could have a 30, 60 or 90 day waiting period at the discretion of the employer.
Hanlon inquired if it would be possible if they pass the ordinance as written and come back at the June meeting to add other existing employee(s) to the plan or would they have to wait until the next enrollment period.
Herwick advised he would allow the exception if that was the decision of this panel.
Russell moved to amend and offer health insurance to all part time employees who work 25 hours or more a week 9 months of the year, upon roll call; Carey-No, Hanlon-No, Beaumont-No, Lapehn-No, Russell-Yes, Workman-No and motion failed.
Workman moved to adopt, all Yeas on roll call and motion carried.
Russell inquired if this (topic) would be on the agenda at the next meeting.
Boggs advised he would provide a report to Council.
b. Motion to Officially Name the Men’s Baseball Field
at
Boggs advised no, he would be check into it as well as a sign for the donated property formerly known as “Charlie’s Puddle” and those signs would be ordered soon.
Hanlon inquired if the men’s baseball field currently had a name.
Boggs advised it has been dubbed Rastorfer Field for as long as he can remember.
Hanlon inquired if Mr. Rastorfer was ok with naming the field after him.
Workman advised yes, he spoke with Mr. Rastorfer and confirmed such. Workman thanked Mark’s Equipment for the grading they did on the volleyball courts at the Industrial Street park area.
Russell so moved, all Yeas on roll call and motion carried.
City Manager’s Remarks
City Manager Larry A. Boggs thanked Council and the City Hall employees for the flowers sent in the loss of his father-in-law and advised it was appreciated. He gave his condolences to the Gavinesky family and advised he was sorry to hear of his recent passing. Boggs advised John (Gavinesky) was a good employee who started in the fire department and came over to the police department and was an employee of the city for a long time and he provided many years of dedicated service.
Boggs advised the Service Director advertised for bids on the sidewalk program, as he assumed Council still wanted to look at costs and start a voluntary program although he wasn’t sure as they “killed” all the sidewalk ordinances. He advised at this point he still planned on bringing a phase-in plan to Council if a program were started as to how it might work. Boggs advised he received a couple calls with similar situations to his where they only need to replace a couple sections so there might be some interest. He advised the bids would be opened June (3rd) and several companies have picked up a bid packet, but he couldn’t say how many would submit a bid.
Finance Director’s Remarks
Finance Director Barbara Rissland had no remarks.
Council Remarks
Council Member Richard Lapehn advised he was happy to see the Wayne County Community Foundation Grant given to the Recreation Center for new equipment. He advised the Recreation Director Garrick Di Salvo went after that grant and he was happy to see that money go to the recreation center.
Council Member Rick Hanlon advised he didn’t request the ordinances for the sidewalks, but he supports them and he wouldn’t mind being a part of the voluntary program if it gets off the ground.
Council Member Bill Workman advised he supports the sidewalk program one hundred percent and he would like to get it going again. He advised he would like to see some of the Councilman and the Mayor support the Fire Department, the American Legion and some of the other organizations that have fish fry’s and spaghetti suppers and so forth and then people might know we care.
Council Member Lynn Beaumont advised he would like to voice his support for the sidewalk program. He advised the voluntary program was great, but if people didn’t see that Council was one hundred percent behind this program to make our sidewalks better and we all have acknowledged they aren’t then the program itself would fade like in years past. Beaumont advised he was a little disappointed they didn’t move ahead with the program tonight and he felt it was something they need to do. He advised there were areas such as Russell pointed out across from the recreation center and other areas where kids were walking to school where there was absolutely no sidewalks and no place for them to walk and he felt it was something they needed to do and they would be short changing people if they didn’t start a program. Beaumont advised he understood times were tough, but he felt they still needed to have a program in place and he realized it would be completed in a year or two, but if they had a plan in place they could move forward if they were totally committed to it. He advised he felt they would get the support necessary if they were committed to doing it. Beaumont advised regarding the recreation center grant that it was just terrific and that Garrick deserved a lot of the credit for pushing them forward and the center needed the equipment.
Council Member Glen Russell thanked everyone for coming. He inquired if the weed ordinance was still being enforced.
Chief Burg advised yes, they have one officer doing that specific job to keep track of the properties and their status.
Russell indicated the development by the recreation center had several lots with high grass. He advised there were a lot of mosquitoes out as well and he inquired if the city still had the mosquito spray program.
Boggs advised he didn’t know when the first scheduled date would be, but they had some funds left from last year’s mosquito control and they have appropriated some funds for this year so there were plans on spraying for mosquitoes this spring.
Russell indicated he would like to recognize the two officers mentioned in Chief Burgs letter who caught the culprits stealing the manhole covers. He advised apparently these officers have been doing an excellent job and he would like to see a letter sent commending those officers.
Burg advised he would pass that information along to Sgt. Pauley and Officer McComas, but he would like to add that equal praise goes to the sharp-eyed citizen that called the station in the first place to inform us of this illegal activity. He advised the citizen was quick to give a good description and call right away when they saw something unusual going on.
Russell suggested a letter be sent to that citizen as well.
Council Member Darrell Carey thanked everyone for coming. He congratulated the recreation director on the grant and advised the equipment would help benefit those who use the center especially the senior citizens. Carey inquired as to where we stood with the Apostolic home and the sewer line project.
Boggs advised it was in their court. He advised the home sent it to EPA and EPA came back with some minor required changes and the home’s engineer hasn’t responded back to the home. Boggs advised the administrator of the home was just “pacing” and they (the home) have even contacted him (Boggs) about the possibility of water, but that was another issue. Boggs indicated the delay in the sewer line installation project was not because of Rittman and advised it has not come back to them as yet.
Mayor William Robertson reminded us the National Cemetery has their Memorial Day service on Sunday with the music at 2 and the memorial service at 3. He advised he agreed with Workman on showing support for the organizations in town and advised Rittman would have a parade on Monday (5/31) and line up was at 10:00 and he believed Council was invited to participate. He advised the parade begins at 10:30 on S. Main St. at Erie St. and marches north ending at the shopping center and a service at the Rittman cemetery after the parade. Robertson advised he felt it would be great if they participated.
a. Approval of Vouchers 53201 thru 53263 Including Then and Now
Certificates A question was asked regarding #53263. Workman so moved, all Yeas on roll call and motion carried.
Adjourn: - 7:55 p.m.
Russell moved to adjourn, all Yeas on roll call and motion carried.
________________________________Mayor
__ ______________________
Clerk of Council
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