NEW BOSTON VILLAGE COUNCIL MEETING MINUTES

NEW BOSTON VILLAGE COUNCIL
MEETING MINUTES
SEPTEMBER 17, 2013

Regular session of New Boston Village Council was called to order at 6:30 p.m.  James Warren, Jr., President of Council, presided over the meeting.  The roll was called with the following members of council being present:  Mr. Fetty, Mr. Williams, Mr. Mills, Mr. Imes and Mr. Salyers.

Mr. Mills made a motion to excuse the absent member, Mr. Payton.  Mr. Fetty seconded the motion.  All members concurring, Mr. Warren declared the motion carried 5-0.

Pledge of Allegiance/silent prayer

Mr. Salyers made a motion to accept and file the minutes from September 03, 2013.  Mr. Mills seconded the motion.  All members concurring, Mr. Warren declared the motion carried 5-0.

Reports from visitors:  none

Communications - none


Reports of:

James Warren, Mayor - no report

Lana Loper, Clerk - presented a report for August 2013.  Mr. Mills made a motion to accept and file.  Mr. Williams seconded the motion.  All members concurring, Mr. Warren declared the motion carried 5-0.

Kathy Bender, Treasurer - none

Justin Blume, Legal Counsel - stated an executive session for litigation will be needed later.  2. Reported there is a potential amnesty program through PMC who have bench warrants out and the village may be able to participate.  Discussion later will be held.

Steve Hamilton, Village Administrator - 1. Reported on September 28, 2013 from 9am to 1pm at Dow Chemical will be accepting chemicals, tires, etc.  Presented handouts of items accepted. 2. Presented information from Mark Snieve.  3. Had bid openings today for CSO project.  Introduced Chris Ruggles with STRAND to explain how the bid openings went today.  Mr. Ruggles presented bid tabulation summary and resolution.  He explained planning started in May for this project and design was completed in June.  Bid the project as base bid with two alternatives.  Six bid were received today.  Five of the bids were responsive and complete.  He and Steve have reviewed the bids and found Fields Excavating from Kitts Hill was the apparent low bidder and recommends that they were reviewed in detail by Justin Blume, Solicitor.  Mr. Williams stated the base bid is phase I and alternative A is phase II.  Mr. Ruggles stated phase 1 and alternative A will complete the work Rhodes Avenue.  Mr. Williams stated the village had discussed just doing phase I  for now.  Mr. Williams presented summary report of what we were doing and how it should be funded.  Also the report showed how calculations were made of how much would be charged residents and businesses.  He further explained how much the village would collect each year and how any surplus funds will be earmarked for Phase II and Phase III.  Stated council would have to decide whether to do both Phase I and Phase II or just do Phase I.  Mr. Hamilton stated bids came in low and EPA is pushing to do both phases and when completed they will redo the compliance order.  Mr. Ruggles stated the EPA supports whatever the village can afford and the intent is once the village goes into contract and secures the loan they would close out old consent order and a new consent order will be reissued.  He stated if Phase I and Phase II was done, Rhodes Avenue would only have to be disturbed once.  Further discussion was held regarding the bidding and questions were answered.  Mr. Williams asked about the bids showing J&H Erectors bid not being valid.  Mr. Ruggles explained they had used the wrong bid form per addendum and all other five contractors had used the correct bid forms.  Mr. Fetty stated to proceed further, resolution needs to be passed, notify EPA and Mr. Blume to review the contract.  Mr. Hamilton stated October 31 deadline will be met for the loan.  Mr. Ruggles further explained the process of the award and how the project would proceed.  Mr. Mills asked if Field's references  looked good.  Mr. Hamilton stated he had not called anyone yet but they have done a lot of work in Ironton and Pomeroy and they only do sewers and water.  Mr. Williams asked Mr. Blume if he saw anything wrong with the bottom line that eliminated J&H.  Mr. Blume stated no since they have not complied with the bid request.  Mr. Williams reviewed the resolution which shows the total financing was just over $3 million and we were getting $1.8 million which puts the village paying over $1.2 million plus contingencies, change orders, fees, etc.  Based on that information payments yearly would be around $75,000 and with a zero percent loan that would be over $1.5 million our costs.  Mr. Hamilton stated we will hold 5%-10% retainer on the contractors and they will set and meet dates.  Mr. Ruggles stated STRAND will be reviewing the maps, shop drawings, conducting meetings, etc. and have someone on the site at all times for observation.  Mr. Williams reported he was ok with resolution if council agrees and a public meeting will need to be set one more time to explain costs, etc.  Mr. Williams made a motion to have the public meeting before the next council meeting on October 1, at 5:30 p.m.  Mr. Williams also moved the rules requiring an ordinance or resolution of a general or permanent nature involving the expenditure of money be read on three separate dates be suspended.  Mr. Fetty seconded the motion.  The roll was called.  The voting results are as follows:  ayes-5.  Mr. Williams made a motion to adopt Resolution No. 22-2013 authorizing the mayor and the village administrator to issue a tentative notice of award for construction contract 1-2013 CSO improvements Phase 1 to Fields Excavating, Inc.  Mr. Fetty seconded the motion.  The roll was called.  The voting results are as follows:  ayes-5.

Theda Aldridge, Income Tax Director - absent

Darrold Clark, Chief of Police - 1. Presented report dated September 17, 2013.  Mr. Mills made a motion to accept and file the report.  Mr. Salyers seconded the motion.  All members concurring, Mr. Warren declared the motion carried 5-0.

Chris Bender, Fire Chief - absent


Reports of Chairman of Committees:

Junior Williams, Finance and Wages - none

Mike Payton, Utilities & Communications - absent

Ralph Imes, Streets & Alleys - none

Jon Mills, Floods & Sewage - none

Terry Salyers, Law and Claims - none

Dan Fetty, Lands & Buildings - none


Reading of Ordinances and Resolutions

An ordinance was read transferring and appropriating amounts in the various funds of the village and declaring an emergency.  Mr. Mills moved the rules requiring an ordinance or resolution of a general or permanent nature involving the expenditure of money be read on three separate dates be suspended.  Mr. Williams seconded the motion.. The roll was called.  The voting results are as follows:  ayes-5.  Mr. Mills moved to adopt Ordinance No. 25.2013.  Mr. Williams seconded the motion.  The roll was called.  The voting results are as follows:  ayes-5.

An ordinance was read authorizing the sale of property located at 3818 Stanton Avenue, New Boston, Ohio, 45662.  Mr. Williams made a motion for the 2nd reading.  Mr. Mills seconded the motion.  The roll was called.  The voting results are as follows:  ayes-5

An ordinance was read establishing the unauthorized use of a wheelchair swing as a minor misdemeanor.  Mr. Mills made a motion for the 2nd reading.  Mr. Williams seconded the motion.  The roll was called.  The voting results are as follows:  ayes-5.

An ordinance was read amending the service of notice requirements of section 1321-03 of the codified ordinances of the Village of New Boston.  Mr. Fetty made a motion for the 2nd reading.  Mr. Williams seconded the motion.  The roll was called.  The voting results are as follows:  ayes-5.

An ordinance was read amending section 557.05 of the codified ordinances of the Village of New Boston to include additional notice provisions.  Mr. Salyers made a motion for the 2nd reading.  Mr. Fetty seconded the motion.  The roll was called.  The voting results are as follows:  ayes-5.

An ordiance was read amending section 181.03 of the codified ordinances of the Village of New Boston to amend the taxes imposed upon residents and non-residents.  Mr. Salyers made a motion for the 2nd reading.  Mr. Mills seconded the motion.  The roll was called.  The voting results are as follows:  ayes-5.

An ordinance was read amending section 303.10 of the codified ordinances of the Village of New Boston to include additional provisions.  Mr. Salyers made a motion for the 2nd reading.  Mr. Mills seconded the motion.  The roll was called.  The voting results are as follows:  ayes-5.

An ordinance was read amending section 121.01 of the codified ordinances of the Village of New Boston to include additional duties of the secretary.  Mr. Salyers made a motion for the 2nd reading.  Mr. Fetty asked if there may be a pay increase and asked the ordinance to be tabled.  Mr. Mills stated the master pay ordinance allows the mayor to give promotions whether this be passed or not.  Mr. Fetty explained this was just to add village administrator secretary to the duties.  Mr. Williams reported a wage and finance meeting will be held soon and it wants to give back the .25 to all employees and this could run through the finance committee.  Mr. Fetty stated again this was just to clarify the secretary's duties.  After further discussion was held, Mr. Mills seconded the motion.  The roll was called.  The voting results are as follows;  ayes-5.

An ordinance was read eliminating the safety zone on Oak Street.  Mr. Salyers made a motionfor the 2nd reading.  Mr. Williams seconded the motion.  The roll was called.  The voting results are as follows:  ayes-5.

An ordinance was read directing the clerk to establish a new fund account Combined Sewer Overflow Pollution Fund and declaring an emergency.  Mr. Williams moved the rules requiring an ordinance or resolution of a general or permanent nature involving the expenditure of money be read on three separate dates be suspended.  Mr. Imes seconded the motion.  The roll was called.  The voting results are as follows:  ayes-5.  Mr. Mills moved to adopt Ordinance No. 26-2013.  Mr. Williams seconded the motion.   The roll was called.  The voting results are as follows:  ayes-5.

A resolution was read accepting the amounts and rates as determined by the budget commission, authorizing the necessary tax levies and certifying them to the county auditor.  Mr. Williams moved the rules requiring and ordinance or resolution of a general or permanent nature involving the expenditure of money be read on three separate dates be suspended.  Mr. Mills seconded the motion.  The roll was called.  The voting results are as follows:  ayes-5.  Mr. Salyers made a motion to adopt Resolution No. 23-2013.  Mr. Mills seconded the motion.  The roll was called.  The voting results are as follows:  ayes-5.


New Business

Mr. Salyers - reported Huntington, WV and other communications are doing ordinances for rules on cats.  Asked if we could do an ordinance to limit cats.  Mayor stated Portsmouth community allowed $1700 for spaying or neutering.  Council asked Mr. Salyers to do further research.

Mr. Fetty - 1. Presented information from Mr. Payton and the P&P committee.  This information will go to finance committees.  One was to grant OT to department heads and another was temporary working level pay for someone filling in for department heads.  2.  Reported a new business is in the village for physic readings and asked if this was against ordianance 717 for fortune telling.  Mayor reviewed ordinance and after discussion he stated he will get their license and investigate further.  3. Today's paper reported there have been cuts by the state and asked if we were facing those cuts also.  Mr. Williams stated we would be facing those same cuts, such as the local government fund.  4. Congratulations to Kayla Wiley from New Boston for being named Head Basketball Coach at West High School.

Mr. Payton - absent

Mr. Imes - none

Mr. Mills - Made a motion to go into executive session to discuss possible discipline personnel matters.  Mr. Williams seconded the motion.  The roll was called.  The voting results are as follows:  ayes-5.

Council was called back into regular session at 7:53 p.m.  All members were present.

At 7:55 p.m. Mr. Mills then made a motion to have another executive session to discuss pending court actions.  Mr. Williams seconded the motion.  The roll was called.  The voting results are as follows:  ayes-5.

Council was called back in regular session at 8:15 p.m.  All members were present.

There being no further business, Mr. Mills moved the meeting be adjourned.  Mr. Salyers seconded the motion.  All members concurring, Mr. Warren declared the meeting be adjourned at 8:16 p.m.

___________________________________________
President of Council

Passed: ________________________________,2013

Attest: ____________________________________
            Village Clerk