Mayor Robert Benson called the Special Session of Council to order on Monday,
December 9, 2019. Members answering roll call were Pat Winkhart, Liz Urbach, Robin Keith, and President Pro Temp Derek Netzly. Don Berkey was excused from the meeting. Also present at the meeting were Stark Board of Trade Attorney Tom Winkhart, Stark Board of Trade President Bob DeHoff, Gary Smith of United EarthWorks, Attorneys at large representing EarthWorks Nora E. Loftus and Frantz Ward, Fechko Excavating General Manager Greg Peter, Roger Mohanraj of Fechko Excavating, John Walsh of GBC Engineering, and Navarre Village Solicitor Attorney Terry Seeberger.

Attorney Terry Seeberger advised that anyone wanting to comment should direct the comments to Council and not at each other.

Mayor Benson requested a motion to remove Ordinance 26-2019 from the table, an ordinance that was tabled on December 2, 2019. Mr. Netzly motioned, Ms. Winkhart seconded the motion to remove Ordinance 26-2019 from the table. Winkhart yes, Urbach yes, Keith yes, Netzly yes. Four yes votes. Motion carried.

Councilman Daniel Rouse arrived to the meeting at 7:07 pm.

Nora Loftus reviewed with Council how United EarthWorks would be the right company to award the bid to. She said they gave the best and lowest bid and they are very qualified.

Greg Peterson expressed that he feels Fechko Excavating met the criteria of the bid packet. He stated that if there was any issue with the United EarthWorks bid, then the bid should have been turned down by procedure.

John Walsh checked the references for the top three contractors. All are reputable, and do good and timely work.

Tom Winkhart feels all three of the bidders will be designated as a “best contractor”. Bob DeHoff serves in a fiduciary capacity of the Stark Board of Trade and he said the lowest bidder is at the top of their minds.

Terry Seeberger noted that both contractors have good references and both wrote compelling letters. He feels whichever contractor received the award; the other will go to court. He said that Council could award to one of the contractors or reject all and rebid the project with changes to make it easier for the contractors to bid.

After further discussion, Mr. Netzly motioned to reject all bids on the Sterilite Extension Project and rebid the project under Ordinance 26-2019.

Ordinance 26-2019, an ordinance rejecting all bids for the Sterilite Street Extension Project and authorizing a re-bid for said project, to be passed as an emergency. Mr. Netzly offered and moved to accept Ordinance 26-2019 and declared same to be an emergency. Ms. Winkhart seconded. Winkhart yes, Urbach yes, Keith yes, Rouse yes, Netzly yes. Five yes votes. Motion carried. Ordinance accepted.

Ordinance 26-2019, Ms. Winkhart moved, Ms. Keith seconded rules requiring three separate readings of Ordinance 26-2019 be suspended. Winkhart yes, Urbach yes, Keith yes, Rouse yes, Netzly yes. Five yes votes. Rules requiring three separate readings suspended.

Ordinance 26-2019, Ms. Keith moved, Ms. Urbach seconded Ordinance 26-2019 be placed in final passage. Winkhart yes, Urbach yes, Keith yes, Rouse yes, Netzly yes. Five yes votes. Motion carried. Ordinance 26-2019 duly adopted.
Mr. Netzly requested Council of the Whole meeting at 6:00 pm on December 16, 2019 to select two new Council Members.

Mr. Netzly moved. Ms. Winkhart seconded to adjourn the meeting. Winkhart yes, Urbach yes, Keith yes, Rouse yes, Netzly yes. Five yes votes. Meeting adjourned.

____________________________ ____________________________
President Pro Temp Derek Netzly Robert L. Benson, Mayor


UPCOMING EVENTS
December 13...……………………………………………….....Holiday Dinner 6:00 pm
December 16...…………………………….……Council of the Whole Meeting 6:00 pm
December 16...………………………………………………...Council Meeting 7:00 pm