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[0:02]
good afternoon I'd like to call the
Middleville Village Council Committee of
[0:05]
the whole meeting to order Ronda may I
have roll call please Mike Kramer here
[0:10]
Steve baldry here Robert Bishop here
Richard Hamilton here McKenzie
[0:15]
Peters Kevin Smith here Ann
Williams both McKenzie and an have
[0:22]
provided explanations for their absence
so if anybody felt so inclined a motion
[0:26]
would be an order I move that we excuse
them
[0:30]
support we have a motion with support to
excuse McKenzie Peters and Anne Williams
[0:34]
from the meeting tonight any further
discussion before we vote hearing none
[0:39]
all those in favor I I oppos motion
carries please rise for the
[0:46]
pledge I pledge Al to the flag of the
United States of America and to the
[0:52]
Republic for which it stands one nation
God indivisible with liy and justice for
[0:58]
all thank you
[1:02]
right everyone should have a copy of the
agenda in front of
[1:14]
them um just one note that is an amended
agenda sorry I forgot I amended it uh it
[1:19]
said 2023 instead of 24 well actually it
didn't even have a year it does now is
[1:27]
this one says 24 yeah so it's
technically amended
[1:31]
a motion to approve the agenda as
printed as amended as amended support
[1:36]
support have a motion support to approve
the agenda as amended any further
[1:40]
discussion before we
vote hearing none all those in favor I
[1:46]
opposed motion carries public
comment anybody has anything to speak on
[1:53]
welcome take the
[1:56]
podium really excited I don't have to
ask Zoom for today
[2:01]
amen all right moving on I see Brandon
is not here Craig do you want to take
[2:06]
that update or do you want to um I don't
have any additional updates at this
[2:11]
moment we're working uh getting High
Street ready to be let out for bid uh
[2:16]
waiting on the results of the drinking
water assessment as far as you know
[2:20]
identifying all the uh lines and then
we're just getting ready for um
[2:25]
completing the wastewater treatment
plant complete complet and
[2:30]
the other projects that we're working
on anybody have any questions on Village
[2:35]
projects before we move
[2:38]
on all right we will turn it over to
Mark discuss Council rules of
[2:46]
procedures you you have a microphone you
don't have to move okay I'm gonna go
[2:51]
with the village president's
recommendation well good afternoon um
[2:58]
happy New Year um pleasure to be here
it's like my annual not my annual visit
[3:03]
but um uh so been asked to kind of go
over our rules of procedure uh and give
[3:11]
some background to Council on open
meetings act issues Foya issues and and
[3:17]
if you will some kind of best practices
as an elected Village official uh Craig
[3:22]
distributed kind of my outline that I've
used um in the past you'll note that it
[3:28]
talks about the village plan I'm not
going to address any of that today um
[3:32]
but this is kind of intended you could
use this as a guide um I'm not going to
[3:36]
go line by line and read every page I'll
just kind of Hit the high points okay
[3:42]
and um whenever you want me to stop just
tell me to stop um but we'll just go
[3:47]
over this for a couple minutes um it
occurred to me and I know it's noted at
[3:52]
the top of the rules of procedure but we
basically went to uh Committee of the
[3:56]
whole approach um just about about 12
years ago and little little editorial um
[4:05]
in history so prior to that uh you know
Council had individual committees like
[4:12]
Finance ordinance um and uh the village
adopted the practice of the committee of
[4:18]
the whole uh basically borrowing it from
uh the County Board and it was felt that
[4:24]
that would be a better way for all
members to be kind of up to speed and up
[4:29]
to date on the the goings on of the
village as opposed to the silos of the
[4:33]
individual committees um and again
here's the editorial par comment I think
[4:38]
it's worked well um from what I've seen
from the council members over the years
[4:42]
um and it is kind of unique not a lot of
uh villages or even cities utilize it um
[4:49]
with with on a recurring basis so um way
to stick with it um I think it I think
[4:55]
it really has been helpful in terms of
making sure that everybody's on the same
[4:58]
page um so the village uh as you can
guess is guided and and mandated um by
[5:08]
uh federal and state law uh Michigan
Constitution provides for the
[5:12]
establishment of of villages uh provides
certain uh rules and and uh guidance for
[5:18]
villages in the Constitution and also
then obviously state law not only the
[5:23]
general law Village act um but um
obvious some some other statutes the
[5:27]
open meetings act um the revenue Bond
act gives authority to the Village
[5:32]
whether or not the village is issuing
bonds but it gives you Authority and and
[5:36]
sets out a process for doing certain
things like adopting and amending your
[5:41]
sewer and water ordinance provisions of
the village code whole host of other
[5:46]
statutes that apply in your personnel
area with respect to how you uh treat uh
[5:51]
Village employees which you can cannot
do there so a lot of um stfe law
[5:56]
guidance uh that has to be considered
when the village takes its actions and I
[6:00]
think the village has generally been
well served by its staff over the years
[6:05]
that when you have questions if staff
doesn't know it then questions come to
[6:08]
me and I can help provide that guidance
um so that's kind of the the general
[6:13]
overview and let's take a look you know
what is the expectation in terms of your
[6:18]
role as Village
trustees
[6:22]
um not a lot but they're important right
you're making decisions on behalf of the
[6:27]
village using your judgment based on
input that you're getting from your
[6:32]
constituents your village residents um
and so it's not only it's a it's a
[6:37]
two-way role where you're listening um
but also communicating back uh to those
[6:42]
residents and we're going to talk a
little bit towards the end as long as I
[6:46]
don't forget I put my a note but um it
it's fascinating right now in this
[6:51]
sphere of public officials and
communication with the public with that
[6:56]
wonderful wonderful um tool social
social media and you may have heard that
[7:02]
there are cases winding their way up to
the US Supreme Court about government
[7:07]
officials and use of social media and
when does that use of like a private
[7:13]
social media page turn into creating a
public forum that has certain
[7:19]
constitutional restrictions on the use
of that page so we'll touch a little bit
[7:23]
on that just something kind of a best
practice something to keep in mind um
[7:28]
but that social media has certainly
become a great way to communicate what's
[7:32]
going on with the village what you as an
elected official might be advocating for
[7:37]
be working towards um for The
Village at the bottom of page two on
[7:42]
this outline talk about the role of uh
the village president that's set forth
[7:46]
under uh the general law Village act he
is the Chief Executive Officer of The
[7:50]
Village presider at Council meetings
voting member of council that's always a
[7:55]
question I get with smaller
municipalities about I'm the village
[7:58]
president do I I get to vote on this do
I have to vote on this can I stain from
[8:01]
this Village president is a trustee has
an obligation to vote um and then the
[8:07]
general law Village act says that it's
required to give Council information
[8:11]
concerning Affairs of the village and
recommend measures which he she
[8:14]
considers
expedient in addition to that state law
[8:19]
that
Constitution our ordinances that we
[8:22]
adopt also can Empower Council or
officers to do certain things and are
[8:29]
rules of procedure um rules of procedure
are required to be adopted uh pursuant
[8:34]
to the general law Village act um it is
uh and I can't recall if we adopt them
[8:41]
every year or not but we certainly do
when there's a a new after you know new
[8:46]
council members are elected and seated
um typically reviewed and
[8:50]
updated um so these rules of procedure
have been around for about um going on
[8:56]
12 years and um there have been some
modifications we most recently modified
[9:01]
them at the beginning of last year um
and it sets forth basically how Village
[9:06]
Council is going to conduct its Affairs
and its
[9:09]
business one thing that um we always
talk about and reiterate with this
[9:15]
Committee of the whole practice is um we
generally use the committee of the whole
[9:21]
as an opportunity to discuss issues and
make a recommendation for formal action
[9:25]
by Council that then's taken up at a
formal council a regular scheduled
[9:30]
council
meeting however since your Committee of
[9:33]
the whole meeting is a properly
noticed uh open meeting of the Village
[9:41]
Council this Village Council can make um
binding decisions at your Committee of
[9:47]
the whole it is your practice not to do
so but if necessary and we have had
[9:52]
occasion where we can't wait another
week um to make this decision it's a
[9:57]
Grant application that has to be
submitted or an appointment that has to
[10:00]
be made you can in your Committee of the
whole make those decisions um and they
[10:06]
can be final decisions they don't have
to be recommendations okay but again
[10:10]
general practice has been that they're
just recommend recommendations to your
[10:13]
full Council and your regular meetings
okay uh let's
[10:22]
see oh with respect to the council rules
of procedure uh also specifying kind of
[10:27]
uh the roles of the village president
there chief presider of the council
[10:32]
meetings enforces rules you serve as the
parliamentarian the president serves as
[10:35]
the parliamentarian unless the Village
Council designate somebody else um and
[10:41]
uh you know works with Village staff
with respect to setting the agenda for
[10:46]
your
meetings like I said I'm going to skip
[10:49]
over all the Planning Commission
materials Craig and Ronda feel free to
[10:54]
share this with the Planning Commission
members um talk a little bit about
[11:00]
because I know questions always arise
about public comment and public hearings
[11:05]
and interaction with the public during
those two parts of the meeting um I like
[11:10]
to say that those opportunities public
comment and public hearing is for the
[11:17]
public to make comments to you you to
receive those comments and then if
[11:22]
there's followup if there are questions
that are being asked um or there needs
[11:25]
to be some followup to to look into
that's something that you know Council
[11:30]
can direct staff to do or individual
council members to do but it's not
[11:35]
intended to be an opportunity for debate
and I know that a lot of times uh when
[11:41]
there's maybe a a public Improvement
project that's going to involve tearing
[11:45]
up the streets uh maybe you're proposing
a special millage of some sort uh in a
[11:51]
community there is a desire for Council
Members well I want to respond to that
[11:57]
comment that was made and and my
recommendation is and it's not it's not
[12:01]
a you know in the law or anything but my
recommendation is to say thank you for
[12:05]
your comment take a note then on your
Council agenda you have Council comments
[12:11]
you can respond at that point or after
the meeting go up to the person if
[12:16]
they're still there and say I heard your
comment I heard your question we'll get
[12:20]
back to you or refer them to the the
manager but try to keep that one it's
[12:25]
it's a kind of an efficiency thing keep
the meeting moving along um and two hold
[12:30]
true to that it's public comment it's
opportunity for the public to comment to
[12:34]
you and then you can respond um my
grandfather who was not involved in
[12:40]
politics um I like Politics as a kid and
and he always said to me if you ever get
[12:45]
elected to an office I will never run
for office um and somebody asks you a
[12:50]
question you make sure you look him in
the eye and you tell them I don't know
[12:53]
the answer but I will get back to you
and so that's what your opportunity is
[12:57]
when those things come up in public
comment and the public hearing processes
[13:01]
public hearings can be you know like um
I do a lot of special assessment
[13:07]
proceedings where they're initiated by
petitions of property owners this
[13:12]
happens a lot in
townships and um there can be
[13:16]
flexibility certainly like if you have
an engineer who's saying okay we're
[13:19]
going to put in the sewer project and
your sewer assessment is going to be
[13:22]
$10,000 that is going to get a property
owner potentially pretty uh hot wanting
[13:29]
questions answered you can structure a
public comment period as like a public
[13:34]
information session for question and
ansers um but what you're trying to do
[13:39]
is really keep that meeting moving um
get information uh to to the public uh
[13:45]
that they need and then following up
with questions without bogging down that
[13:49]
that process
okay
[13:53]
um so uh I noted on page four in terms
of public hearings providing that
[13:59]
opportunity uh to gain information and
listen um and if questions are asked
[14:06]
probably best to to um have followup
outside of that that public hearing
[14:11]
process um with respect to council then
obviously once your public hearing is
[14:18]
over or it's time to make a decision
then that's the opportunity for you guys
[14:22]
obviously to debate and the thing to
always keep in mind
[14:26]
is and and this is under um state law
that your comments are directed to the
[14:31]
chair of the meeting right and and the
chair because the chair is responsible
[14:36]
for maintaining the order in the meeting
comments uh and debate should be
[14:41]
directed through the chair um keeps it
even keeps it fair ask for recognition
[14:48]
now in all my years working with the
village it's been pretty informal
[14:53]
haven't had any issues that I can think
of and um so it's worked out pretty well
[14:58]
so it's not you know Mr Speaker I would
like to be recognized you know and yes
[15:03]
you're yielded five minutes or anything
like that um but you do want obviously
[15:07]
the recognition chair calls and you then
make and if there are two people at the
[15:11]
same time chair gets to call make make
the determination as to who who goes
[15:17]
first
um I think the Village Council has has
[15:22]
done it pretty well in terms of
understanding that uh well there are
[15:26]
kind of two ways to deal with voting on
an issue
[15:29]
Robert's Rules would say that an item is
brought up okay next we'll discuss the
[15:36]
budget but you don't have a discussion
on that until there's a
[15:41]
motion before the board uh before the
council um not many places Hue to that
[15:48]
rule uh and in instead what happens is
hey we're going to discuss the budget
[15:53]
okay this is the outline of the budget
this is well and then you'll have
[15:55]
comments about well I think this is good
this is bad this should be changed I
[15:58]
like this um and through that discussion
then somebody says okay I'll make a
[16:04]
motion either of those approaches is
fine and generally I'd say that the
[16:09]
village has uh gone with that second
approach of we're going to talk about
[16:13]
the budget there are questions there are
comments uh I like this I don't like
[16:17]
that and then there's a motion I think
that's fine okay but ultimately there
[16:22]
has to be a motion you act by motion
either to adopt an ordinance move to
[16:28]
adopt or 2035 as uh presented adopt
resolution 24-2 as presented U you need
[16:35]
a second and then there's an opportunity
for further discussion on that specific
[16:39]
motion call for a vote determine whether
there's a roll call vote required or not
[16:44]
under our rules of procedure ordinances
and resolutions are done by roll call
[16:49]
okay what's the difference between
ordinance resolution and the motion well
[16:53]
a
motion is the the way in which um the
[17:00]
action to be taken by council is
presented
[17:06]
so I know you guys mostly know this
sorry but you know motion to adopt the
[17:12]
resolution okay the official
action is that the resolution as
[17:18]
presented is being adopted okay but it's
the
[17:22]
motion to adopt that resolution that
puts it into effect motion to adopt that
[17:27]
ordinance okay
um and then some things you'll just do a
[17:33]
motion I motion you know uh that we
direct the manager to have a meeting
[17:38]
with TK school superintendent over
crosswalks okay it doesn't have to be by
[17:43]
resolution doesn't have to be
coordinates so some things under state
[17:47]
law have to be done by ordinates you can
only amend an existing ordinance with an
[17:52]
ordinance you can only take certain
zoning actions with the adoption of a
[17:57]
zoning ordinance and in certain
ordinances um there's a certain
[18:02]
procedure like you can't uh adopt an
amendment to your zoning ordinance
[18:07]
unless a public hearing has been held
and that can be be held at the uh
[18:11]
Planning Commission level um but if you
haven't held that public hearing you
[18:17]
can't finally adopt that zoning
ordinance um with just as a little bit
[18:22]
of background so a Charter
Township um says you can't adopt an
[18:28]
orance at the same meeting at which it's
introduced Village Council and general
[18:34]
law Village you can do that you can
consider an ordinance for the first time
[18:39]
and finally adopt at same meeting
General law Township you can do the same
[18:43]
thing Charter Township you need two
readings first reading second reading
[18:48]
okay um there are uh Provisions about um
once an ordinance is adopted and how it
[18:55]
gets published whether it can be done by
a summary or whether you have to publish
[18:58]
a whole darn thing um we hate that
provision um so uh you know it's both
[19:06]
state law and rules that will dictate uh
when uh certain things are required
[19:12]
whether it's ordinance resolution or by
motion question yeah it might be think
[19:18]
but when you second or support an a
motion if if you support a motion when
[19:25]
it comes to vote you can't change your
mind and V can sure you can you can sure
[19:29]
you can second okay yeah is that we
learned different than that at a a
[19:35]
different training okay no I mean
because you're the point of again the
[19:41]
motion just introduces the topic right
and so it's like okay I'm I'm ready for
[19:46]
Council to make a decision on this so
I'm going to make the motion or support
[19:51]
the motion okay but doesn't mean that
you're bound then to okay support it
[19:55]
you're just saying I want Council to
finally consider this and kind of cut
[19:59]
off theb thank you apprciate
that um on page five under uh c1c I note
[20:10]
in terms of the um roll call votes that
are uh taken typically for adoption of
[20:15]
the budget expenditure of funds going
into Clos session um clo the open
[20:19]
meetings act specifically says with
respect to uh purposes of going into
[20:23]
close session that has to be done by a
roll call vote and certain
[20:28]
uh types of closed sessions require
different vote requirements so to go
[20:34]
into consider an attorney client
privilege communication you need five of
[20:38]
seven votes of the council um for other
exceptions that escape me right now you
[20:44]
can just do it by a simple majority of
council okay anytime you're going to go
[20:49]
into close
session guys give me a call right we can
[20:54]
talk and and you've been really good
about that um just to go go over those
[20:58]
vote requirements um because some do
require um can just be done by a
[21:03]
majority
okay uh conflicts of
[21:08]
interest avoid them if you have a
question about it um and uh the the time
[21:15]
to raise that is not at the meeting it's
before the meeting so that because those
[21:20]
conflict of interest questions are
oftentimes um very fact specific and um
[21:27]
there is
a good amount of guidance on conflict of
[21:31]
interest questions uh from opinions of
the Michigan attorney general um and
[21:37]
gets into very kind of specific um uh
things that we can then draw upon to and
[21:44]
to anal
analogize uh about so um the more notice
[21:50]
you can provide hey I think I've got
this issue um I you know we're we're
[21:55]
we're proposing to enter into a snow
removal contract and my brother owns the
[22:00]
company okay is that a conflict um the
answer would be no we've had um unless
[22:06]
you own a portion of the company um
we've had an interesting uh case in the
[22:11]
past where you had a village employe
whose um s partner was on the council
[22:19]
and is that a conflict um and
interestingly again say no um so the
[22:28]
more notice you can provide on those um
conflict questions the better and again
[22:33]
um ask early ask often okay there are a
couple of different state statutes and
[22:39]
what's interesting about these State
statutes and conflict of interest is
[22:43]
some um state that they only apply to
State officials and that local Municipal
[22:49]
officials officials are not included as
um State officials but yet the attorney
[22:56]
general has taken the opinion that that
no they apply to Municipal public
[22:59]
officials so just because a statute says
it doesn't apply doesn't mean that it
[23:04]
doesn't necessarily
apply makes it fun and
[23:09]
providing uh guidance
right uh let's see skipping page eight
[23:16]
uh open meetings act information act so
obviously um open meetings act applies
[23:23]
to meetings of uh a quorum of members of
a public body so a quorum of the village
[23:30]
of Middleville Council subject to open
meetings act where you're deliberating
[23:35]
towards making a decision um all of your
deliberations are to be in public with
[23:41]
the exception of those um very narrow uh
exceptions to the open meeting act which
[23:47]
we can go into close session um for
Robin Steve you guys are new here um i'
[23:55]
would say we probably go into to close
session once or twice a year maximum um
[24:01]
and
typically um that is to review a Written
[24:07]
Letter From Me To The Village Council
providing legal advice about your
[24:12]
options on some legal issue or question
and so when we're in close session you
[24:19]
don't make a decision the only decision
I I always frame it when we start the
[24:23]
only decision you make in closed session
is the decision to come out of closed
[24:26]
session and return to open session
that's it um but I give advice I outline
[24:31]
options and then Council comes out and
and typically then considers uh the
[24:35]
options and directs me typically to take
one of those options that I
[24:40]
described um there are other exceptions
to the open meetings act to meet and
[24:45]
close session and like I said if if we
need to um examine those we do that
[24:51]
ahead of time and and set that up so I
can tell you you know what the motion is
[24:54]
what the vote will be um and and how we
go about but um and I candidly I always
[25:01]
have to look I think it's sale of real
property um negotiating bargaining
[25:06]
collective bargaining uh sessions um
periodic Personnel
[25:11]
evaluation uh those are all those are
the the main reasons that the village
[25:16]
has used and that most municipalities
use for going into close session
[25:19]
purchase of real property not sale
that's that's the one I always I always
[25:23]
have to look at it so we're doing that
just to me okay well then look at that
[25:28]
and I'll have an answer for
[25:32]
you um my confidence is shaking right
now
[25:36]
no I asked the same I asked him that
question he's like no actually we can
[25:40]
did I say okay for the purchase of but
not for the sale
[25:44]
and are those you have to
or option option to correct correct so
[25:52]
so just because the open meetings act
allows you to go into Clos session you
[25:57]
don't have to be okay um I will say
though when it is to review an attorney
[26:03]
client privileged communication I
strongly strongly strongly recommend
[26:07]
that you go into close session um
because otherwise I say okay you can
[26:12]
review my opinion in Open Session you
could review it so everybody reads the
[26:16]
letter you're all done reading the
letter put it down you can't ask me
[26:22]
questions about it right um and the
concern is that there would be a waiver
[26:26]
of the attorney client privileg
and so we don't want that all right
[26:31]
because then all of your discussions and
deliberations with me about that can be
[26:36]
subject to disclosure which is why we
wait we go in a Clos session we
[26:40]
distribute the letter we review it
discuss it and then return it correct
[26:44]
yep yep okay now I'm
shook I pay
[26:54]
attention um let's see where oh so open
meetings at
[27:00]
um There Are Rules uh for the public um
that apply um and it you have to keep in
[27:08]
mind that the open meetings Act is a pro
public disclosure Pro
[27:13]
transparency uh statute so um you can't
bar anybody from attending unless they
[27:21]
have been ruled disorderly uh and that's
a specific definition under state law um
[27:27]
a member of the public has the right to
come in and audio or video
[27:32]
record um the public body can make rules
reasonable rules and regulations about
[27:40]
that type of thing so I actually had a
client where a member of the public was
[27:44]
coming up with their camcorder I
remember of those things and they were
[27:48]
standing right in front of the table and
videotaping everybody like seven inches
[27:52]
away from their face and we basically
said okay that's unreasonable so we said
[27:56]
we're going to set up a box box okay a 6
foot by6 foot box and that's where you
[28:01]
can set up your camera to record because
that's where the outlets were so we
[28:06]
didn't have cords running all over the
place and it wasn't disruptive of the
[28:09]
meeting so state law recognizes that you
can establish um reasonable rules and
[28:13]
regulations you can't prohibit it but
you can regulate it okay um and uh they
[28:20]
don't have if they want to come in and
record they don't have to get your prior
[28:23]
approval okay other than to make sure if
you've establish rules and regulations
[28:27]
that those rules and regulations so
since we are recording and streaming and
[28:33]
sending this out are is that part of
your discussion on a public forum for
[28:38]
later or well
um no but happy to to talk about it kind
[28:44]
of like you you know so it's it is um it
is an accommodation that's being made by
[28:51]
The Village it's not legally required um
obviously communities have gotten used
[28:56]
to it and residents and Vo have gotten
used to having that access postco um but
[29:01]
if the Village Council wanted to
not um broadcast its proceedings you're
[29:08]
not
required so transparency is key I think
[29:12]
that's huge my concern down the road is
is the public forum issue eventually
[29:18]
we're going to have a hop on topic that
this is going to get shared on someone's
[29:21]
social media page there's going to be a
pile of comments that are not on a
[29:24]
government page it's on someone's
personal page and I mean if two members
[29:29]
are commenting on that that's that's
where does that get sticky I mean really
[29:33]
none of us should be commenting on it
yeah so um let's talk about yeah let's
[29:40]
just talk about that now um
so the village to my knowledge we
[29:46]
prepared I think you adopted a social
media policy okay that policy though is
[29:51]
only with respect to Village staff
sanctioned run sites okay okay and and
[29:59]
um in that policy basically we say it's
one-way communication it's pushing out
[30:04]
information on that social media page
Facebook saying up there's the farmers
[30:09]
market okay or up there's the the
Heritage Days festival coming up and
[30:14]
there is an opportunity for people who
see that on that Facebook page to
[30:17]
respond and say hey what what are the
times or can we move it to another
[30:22]
weekend or I hate this event you know
clogs up
[30:26]
downtown
we disable those comments why because
[30:29]
once you allow those comments you have
created under the federal First
[30:34]
Amendment a public forum and if there's
a comment in there of sorry I'm gonna
[30:40]
pick on you Kevin you know I think
Village Middleville is great except for
[30:43]
Kevin Smith he's a jerk right and you go
well that's terrible we're going to
[30:47]
delete that comment you can't do that
because you've created a public forum
[30:51]
okay and now you're doing Viewpoint uh U
discrimination okay
[30:57]
I like Kevin but but if we did it if we
just disabled it right up front no harm
[31:02]
no foul then then it just takes care of
itself correct and and where communities
[31:06]
can run into a problem is it's not it's
not prohibited but where you run into a
[31:11]
problem is if you have an allowed
two-way communication people posting
[31:16]
comments and then you go nope we're not
doing this anymore again you can do it
[31:20]
there is a way to do it but you have to
be very careful about that because
[31:23]
you're essentially taking away that
public form that that existed so if we
[31:27]
have our own and to that point though
like if we have our own Facebook page or
[31:31]
whatever and we're creating and and it
would be highly encouraged
[31:36]
for members to read but not comment so
that we're not engaging in communication
[31:41]
because that's when it to your point
right like that's where it gets sticky
[31:44]
but exactly I think if we're opening
ourselves up for public commentary that
[31:49]
we do it on our own turf if you will on
our own Facebook page or whatever and we
[31:53]
can do whatever now now the question
mark is is that that if we are on our
[31:58]
own private yet public Facebook
page uh if we in fact disabled comments
[32:06]
on in that space um that's not subject
to the same so couple of different
[32:14]
things it it it is as clear as like beef
barley soup right I mean I just said
[32:19]
that
for um the there are cases winding their
[32:25]
way up through the Supreme Court um
you know former president Trump and his
[32:30]
Twitter and he had official pus Twitter
and then he had Donald Trump Twitter and
[32:35]
he was commenting making statements
about public matters on his private
[32:41]
Twitter account people were commenting
and he was deleting or having comments
[32:46]
deleted and the question is okay wait a
second you've created a public forum one
[32:51]
of the arguments is and so now you are
violating People's First Amendment
[32:56]
rights by deleting
certain comments or getting rid of
[32:58]
certain comments so the issue that you
face as elected officials with the
[33:04]
social media presence is does your
private social media page cross that
[33:12]
line into a public forum such that if
you are doing content uh
[33:18]
uh being Discerning about comments that
are posted then are you somehow crossing
[33:24]
the line in terms of a First Amendment
violation because it is you're acting in
[33:28]
your official capacity all right it's
not a village maintained social media
[33:33]
website but your
position as an elected Village official
[33:37]
has does that wind up creating um the
look that someone well he calls himself
[33:43]
Village trustee Village Middle trustee
and he's posting about Village items and
[33:48]
he's giving his opinion on things here
um is this not an official Village page
[33:53]
and from from as a village attorney I
look at it I go okay wait a second
[33:57]
second Rhonda doesn't have anything to
do with monitoring that or Craig doesn't
[34:01]
have anything to do with monitoring that
what if there's a foyer request in for
[34:05]
you know the the posts that you've done
in the past 30 days we don't have those
[34:11]
documents that's my first response you
know it's not ours to to manage
[34:16]
but it's it's less than clear so an
approach would be you have your personal
[34:23]
Facebook page keep it personal you can
have a um kind of public
[34:29]
official uh social media page and then I
think I would probably be make that
[34:34]
one-way communication just like the
village does okay then you've avoided
[34:38]
that issue but you keep them separate
that your personal page is for personal
[34:43]
stuff it's the the dinner you made it's
the trip you went on it's the birth of
[34:47]
the grandkid or whatever and then your
your public uh trustee Facebook page is
[34:55]
just here's Heritage days
calendar or this is what I'm working for
[35:01]
period but no comments so and you know
then good oldfashioned kind of door
[35:07]
to-door personal interaction and then
people can either give you a thumbs up
[35:11]
or thumbs
down so fair that's thanks that's
[35:16]
actually really helpful to be quite
it'll be interesting to see what happens
[35:20]
you know in terms of the Supreme Court
cases and the federal cases because
[35:23]
there's a split in that treatment and
that's why the Supreme Court is going to
[35:26]
be laying in
right okay
[35:32]
um are we in
[35:36]
time uh I mentioned um you can't exclude
somebody from a public meeting um unless
[35:42]
the phrase I'm sorry was breach of the
peace actually committed in the meeting
[35:46]
that's a defined term so just that
somebody's um being loud um or
[35:51]
disruptive not enough breach of the
pieace um that that and that's a pretty
[35:56]
far our line like there's imminent um
danger resulting uh to that second
[36:04]
amendment
auditing they're disruptive frequently
[36:10]
and they test boundaries frequently um
how how does that get handled in a
[36:16]
public
forum because they are being disruptive
[36:19]
that does enable us to remove them from
the hearing or do we just have to sit
[36:25]
and grin and barar it I mean I I think
that that pendulum is kind of swinging
[36:31]
both directions at this stage yeah I
mean the the lousy practical advice I'm
[36:35]
going to give is the first time you let
it go the second time um if if if if
[36:41]
you're aware that it's that they might
be attending you have the sheriff's
[36:46]
deputy here um but it's it's a it's a
pretty far line um and I I can't sit
[36:53]
here and say today this is the line and
if they cross it but it really is almost
[36:58]
like imminent physical harm I would have
to say at this point we probably have
[37:01]
not reached that in our meetings we've
had or people we've had disruptive
[37:06]
people but I don't think we've reached
the point where we don't feel safe or we
[37:11]
have Sergeant escort anyone else
physical security gener would be the
[37:17]
would be the I mean at this stage the
the Baseline right for correct for
[37:21]
grounds to remove okay got it that's
actually really good information and I
[37:25]
mean you know it is not isn't enough
yeah yeah right you know I don't want to
[37:30]
bore you with my experiences but I mean
I've
[37:34]
been um at meetings where there's a
proposed you know $20 million sewer
[37:39]
project around the lake and Sewer
special assessments are going to be 16
[37:44]
$18,000 it's a lot of money and you have
400 property owners in a gymnasium on a
[37:50]
Hot August Night really bad
timing um and um
[37:57]
you know part of it is you just got to
let the process roll through people are
[38:01]
going to be upset and they're going to
be Bing and cranky and that's their
[38:06]
opportunity at that public hearing
through that process to voice their
[38:10]
displeasure to ask those questions and
um the best you know if you start
[38:15]
getting into a a back and forth like I
said in terms of trying to nitpick or or
[38:21]
or
respond the process just devolves and so
[38:24]
if everybody knows he the ground rules
you get to make your public comment you
[38:28]
have this much time we want to get
through as many people as we can and you
[38:33]
stick to
that then that's the way I generally
[38:37]
seem best best served
okay um let's see oh yeah real property
[38:46]
purchase
[Laughter]
[38:50]
yeah um that's what you told me right
right
[38:55]
um we can't do remote participation
anymore uh for uh um elected officials
[39:03]
in order to count them towards a quorum
and vote uh The Only Exception is for
[39:07]
active military service there are always
bills floating around the legislature to
[39:13]
uh allow for remote participation of
elected officials um don't see that
[39:18]
they're going any place although there
was State ad board uh just basically got
[39:23]
in an amendment to allow them to do some
remote participation um but I don't
[39:27]
think we're going to expand that or
broaden that through our municipalities
[39:31]
but something that we can keep it our
keep our eye on uh lastly I'll mention
[39:35]
in terms of the Freedom of Information
Act um it it obviously applies it uh is
[39:41]
for that public transpar transparency
Sunshine Law uh after post
[39:47]
post-watergate uh basically so all uh
public records which can be writings
[39:53]
electronic uh uh photocopies documents
that are prepared owned used retained by
[40:00]
uh the public body are subject to
disclosure under Foya uh there can be
[40:04]
some exceptions from
disclosure um and we have to look at
[40:08]
those uh very carefully um but just know
that basically if it's a piece of paper
[40:12]
that's touched your hands related to
Village business it's generally
[40:15]
considered a public record subject of
disclosure under
[40:19]
foil um your rules of procedure I think
um are in Fairly good order and have um
[40:27]
you know serve the council well um I'm
not aware necessarily of any specific
[40:33]
questions this time around but um know
that our rules of procedure can be uh
[40:38]
revised from time to time uh just
because we've adopted adopted them
[40:43]
doesn't mean you're locked into them um
they they can be changed um and let's
[40:50]
see anything else
that no we don't have anything else that
[40:54]
we've heard of from anybody so okay um
you know again I think the the village
[41:00]
is
um for me it's been a bright spot in
[41:03]
terms of clients to work with because
everybody's always been um very um
[41:08]
professional and cordial and um
understands you know the big picture um
[41:12]
and so it makes my job uh easy and and
Craigs easy as well so um but happy to
[41:20]
answer any questions that you might have
either now or another time
[41:26]
and welcome Sten welcome
[41:33]
again I don't think so this is really
I'd love to take a deeper dive into that
[41:37]
whole farming discussion from the
municipal update oh okay and and figure
[41:43]
out what we can do to prevent that
because like someone goes and just buys
[41:47]
a rogue chicken and all of a sudden
they're commercial Farms they sell Nega
[41:50]
month yeah what the nonsense is
[41:55]
that
yeah well and then I mean there's a
[41:58]
whole bunch of um aspects in state law
of you know preemption of local control
[42:04]
as as we've mentioned in our updates and
newsletters and sessions where you know
[42:09]
solar uh Farms wind energy um all that
renewable energy type of legislation
[42:14]
that's coming down questions about you
know regulating short-term rentals um so
[42:19]
it's always something that's changing we
got to keep our
[42:23]
eyes anybody else have any questions
all right thank you Mark you're wel
[42:29]
thanks
help all right we are going to move on
[42:34]
to the discussion on 213 West Main
Street and while Craig's moving over
[42:38]
there um so I'm reading this and when we
interview someone for a position we
[42:43]
cannot ask them if they're single or
married but we call out that Mr
[42:46]
Banbridge is married on our sales
document yeah is that because the spouse
[42:52]
has a vested interest in the property
dollar rights right okay
[42:56]
I was I was thinking that might be but I
caught that I was like we can't ask that
[43:00]
question how why is this on
[43:05]
here um that's it I'm good a man has the
right to buy property but not sell
[43:11]
property on his own if he's
married a a woman can buy and or sell
[43:16]
without the permission of her
husband so when Danielle tries to sell
[43:22]
my truck to the construction workers she
has every right to do so trucks are not
[43:27]
included in that just real property I
mean it's it's real just
[43:30]
[Laughter]
there well I was going to move George up
[43:35]
to ahead of me I was going to offer but
he walked out I know and then he left so
[43:39]
if he gets back here we can do that but
the what you have in front of you
[43:42]
regarding the sale of 213 West Main
Street are um documents that need to be
[43:48]
approved and we'll have them um if
you're okay with them um move to the
[43:54]
next meeting uh January 9th for approval
and then we can schedule a closing as
[44:00]
soon as possible to to get this wrapped
up so uh
[44:06]
the the pro or the items included are
the quick claim dat ordinance purchase
[44:10]
agreement and resolution for
213 and so right now you'd be adopting
[44:16]
the well having it go on to the next
Council but it's a two-step process when
[44:21]
we do the sale so it's a resolution to
approve the form of the purchase
[44:25]
agreement um and then once that's signed
then we do the ordinance y so can we do
[44:32]
them all the same me you're you're not
you're not adopting you wouldn't on at
[44:38]
your January 9 meeting you would not be
adopting your ordinance unless you have
[44:43]
ass signed purchase agreement by then we
could have one by then so but we have to
[44:48]
start with the resolution correct okay
okay any questions
[44:58]
seem pretty straightforward I'll move to
uh support the
[45:04]
resolution move forward all the
[45:08]
documents could you roll scroll down so
that we have the uh recommended action
[45:13]
at the top there we
[45:18]
go correct so yeah so it's basically a
mo move to approve the resolution to
[45:24]
authorize the sale
[45:30]
and and with that it's going to include
the form of the purchase agreement in
[45:34]
the form of the quick claim
[45:38]
deed we can get
the so so right now we're approving the
[45:44]
documents as printed so that we can
approach the
[45:47]
seller I I think what we I think what
we're trying to do here is um we need to
[45:52]
approve the resolution authorizing the
sale of 2113 West Main Street once we've
[45:57]
done that then we go back and then we
can and then we can act on your um
[46:04]
motion to approve the ordinance quick
claim D purchase agreement am am I right
[46:10]
on
that because I thought they use
[46:13]
resolution my motion was to approve the
resolution oh Roger that resolution
[46:17]
approves the purchase agreement which
has as an attachment to the purchase
[46:21]
agreement form of the quit claim deed
plus quit claim yep so
[46:27]
um that authorizes to get that purchase
agreement
[46:32]
signed by both parties once that's
signed then it's in order for the
[46:37]
council to consider the
ordinance um and I I think because
[46:42]
you're looking at it tonight that
ordinance can come back and either if if
[46:47]
you have the signed purchase agreement
at the meeting on the 9th you could do
[46:49]
the ordinance on the night got it okay
so that's all we're doing do moving
[46:54]
things forward to the next
[46:59]
Mee to get it signed we have to yeah we
have to sign it we have to get them to
[47:04]
sign it first so the purchase agreement
isn't signed then you won't do an
[47:07]
ordinance okay but it doesn't have to be
at this meeting as a resol i
[47:18]
that's counil the
[47:23]
resolu I think that's what Mr Hamilton
said
[47:26]
that is exactly what I
[47:32]
heard second a second you did or maybe
actually Steve name of the paper you
[47:40]
have it yeah give it to Steve
Jesus where's the
[47:46]
scoreboard all right we have a motion
with support to approve the resol or to
[47:50]
move the resolution and supporting
documents onto the next full council
[47:54]
meeting any further discussion before we
vote hearing none Ronda oh I know we
[48:01]
don't we're moving it all those in favor
I I opposed motion carries
[48:08]
welcome all right next up I've got uh
George holworth here who is our
[48:13]
wastewater treatment plant operator if
you haven't met him yet here's your
[48:16]
opportunity come on up George and he'll
introduce the topic of the aqu proposal
[48:22]
and I think has that through
okay everybody lay down she's got
[48:31]
this all right so uh my name is George
holsworth superintendent of the
[48:36]
Wastewater Plant and I answer to uh Alec
and I believe this is my first time
[48:42]
meeting most of you
so um what I'm here to seek is uh your
[48:50]
agreement to enter into a contract with
a startup company called aqueduct
[48:56]
um I'm not sure how many of you are
familiar uh with the differences between
[49:01]
say an Excel spreadsheet everybody knows
how to run one of those and a
[49:06]
database um so Excel the information is
contained within that cell if you want
[49:12]
to find it you have to reference that
cell um
[49:18]
there's you
know the the main difference uh with say
[49:23]
a database is you ass assign it uh you
assign a value a tag so if I'm looking
[49:29]
for the pounds per day average of
influent suspended solid something like
[49:35]
that I'm going to give that a tag and
then all I have to do to look for that
[49:43]
information is give it a DAT specify
that tag number give it a date range and
[49:48]
all my information is automatically
pulled out and I can Trend very easily
[49:52]
with that um when I first fired on I was
trying to look on um getting some
[49:58]
training on an access database um but
the advantages with this Aqueduct system
[50:07]
is um for instance if I was to go out
and get trained in and be very
[50:13]
proficient with an access database I
could
[50:16]
do the the trending and things that I
want to do just for the for the
[50:20]
Wastewater Plant uh and that's it
the Aqueduct system can also U do asset
[50:30]
management and a whole slew of other uh
features and they're going to give us a
[50:36]
pretty good deal uh they're startup
company they came in and met with a
[50:41]
number of us and
reviewed uh what they're
[50:45]
offering
and with my help to show them what we
[50:52]
want and how to how it all gets laid out
they will build out the system for us
[50:58]
and everything you know it'll be in use
for for a period of time while we're
[51:03]
building it out and only once we're
satisfied with that final product then
[51:09]
the contract
starts um and if we go to um I'm going
[51:14]
to jump around here a little bit
here
[51:19]
the last P basically the second to the
last
[51:22]
page uh under the terms and renewal uh
there there was a lot of that language
[51:28]
that I added in in order protect vill
what number of pages that second or last
[51:33]
page uh it doesn't really it's it it
says order form on the very this one
[51:41]
okay there you go a number uh quite a
bit of this language under terms and
[51:46]
renewal is uh is language that I added
in and it will uh protect the The
[51:52]
Village by specifying uh um just when
the when the contract starts under what
[51:59]
terms uh we move forward and how it
automatically renews and what the value
[52:05]
of the contract would be going forward
under the renewal
[52:09]
terms um and then the ter uh the
conditions uh are pretty
[52:15]
straightforward so jumping back to some
of the features that it can do it'll do
[52:21]
all the
um data management that I'm looking for
[52:27]
it'll also do uh start generating work
orders um so under um what's called the
[52:36]
npdes permit it's a national discharge
elimination system permit that's issued
[52:40]
by the uh by the EPA and it's
administered by each of the states so
[52:45]
the um Eagle uh administers that program
and I have to comply with all the terms
[52:51]
and conditions of that under what's
called an npds permit ours is a
[52:55]
groundwater discharge permit so all
permits going forward beginning a few
[53:02]
years back will now be required to have
Asset Management within them going back
[53:08]
to say the 70s when they first issued a
bunch of the money for the Clean Water
[53:13]
Act they didn't make that a requirement
and for those that did have it they
[53:21]
didn't enforce it so communities left
and right bu buil all these wonderful
[53:26]
wastewater treatment plants to protect
the environment and then staffed them
[53:30]
with untrained unqualified people and
then didn't maintain them in part
[53:35]
because you had the wrong
people bringing that information to
[53:39]
council and then in other cases Council
was simply unwilling to spend any money
[53:44]
so these places that they spent millions
of dollars building started to crumble
[53:50]
apart so EPA got smart started making
that part of the
[53:55]
uh permit renewal
process so we have to maintain um the
[54:02]
asset management it's going to go
through everything from all the name
[54:05]
plate data on the pumps and the motors
the valves uh the pipes age condition
[54:11]
everything um then we can based on the
manufacturers recommended uh intervals
[54:18]
generate work orders and then track that
and that all of that then is just
[54:23]
volumes of paperwork that the EPA is
going to want to
[54:26]
see um it'll also do the the uh report
generating it'll also set up all my uh
[54:35]
scheduling um the permit basically tells
you when you can make schedules or or
[54:39]
when you can take samples and where to
take them and all that but it's
[54:44]
very
uh broad it doesn't really make any
[54:50]
specifications based on what our staff
schedule is uh things like this we can
[54:55]
then go in and just say Okay on on
Monday every Monday we're going to
[54:59]
collect this this this and this um once
a month we have to collect this once a
[55:04]
year we have to collect this but only on
these particular monitoring Wells etc
[55:08]
etc so this program once it's set up and
they'll be doing all that set up I just
[55:13]
tell them what I want to
see um all of that will then
[55:16]
automatically be generated each employee
would then have uh access to it uh on
[55:23]
their phones or on a tablet and and it
can uh when they log in to say we did
[55:28]
this all of that is trapped so if you're
doing rounds it says okay who did the
[55:35]
rounds on this date because we've got a
problem okay now we know who did that um
[55:40]
so it's going to track all that kind of
information much more efficiently and be
[55:45]
able to generate reports much more
efficiently than I could ever do on my
[55:49]
own
um benefits again uh it's going to
[55:54]
retain your institutional knowledge
um you know uh I plan on being here for
[56:02]
a good while uh but you know when
Charlie was stepping out if you were if
[56:06]
you were going to have a a fresh
brighty eager but clueless employee
[56:13]
you're losing all that information and
that's what usually
[56:17]
happens
so being able to have all that
[56:21]
information and all that new guy has to
or girl has to know is how to get to it
[56:28]
you know just where to look it up and
it's much uh much better for that for
[56:33]
that type of uh information retention
long term for any
[56:38]
Village
um we can use that information also
[56:42]
moving forward when we're um assessing
Water and Sewer rates that we going to
[56:46]
propose to you forward and things like
that right and you're going to be able
[56:50]
to generate that type of information um
that you you know if you have questions
[56:54]
on
um you know they're going to be doing a
[56:58]
rate assessment or a
review they want to know the age and
[57:05]
condition of the pipe all that kind of
stuff the the reports that are being
[57:09]
able to be pulled out with this type of
database are pretty slick you'll be able
[57:15]
to go out and say show me all the pipe
that was in the ground since
[57:18]
1960 is it Dr Lon is a transite is a
c900 you know all kinds of different
[57:29]
things this is $5,800 if I'm reading
that correct is that accurate and it's
[57:34]
free setup free set up 50 5800 once it's
set up and running the way I want it
[57:40]
yeah and and with regard to things like
pipe inventory and things like that
[57:44]
obviously that's stuff that happens over
time but that that stuff you'll end up
[57:48]
having to work with alacon is that
accurate like when you say we have at
[57:51]
lead pipes or something like that yes
well we have that inventory we have we
[57:56]
have some inventory uh when we you know
when we're talking mostly on the water
[58:00]
side uh we've got a system um and most
of the guys are pretty proficient with
[58:05]
it uh and it's got some good features
this um has other features that we're
[58:12]
going to be using but it also has that
because that's strictly for Asset
[58:15]
Management if this can do all of that
well then at some point we might decide
[58:20]
okay we're going to to let that go by
the wayside and portal all that
[58:25]
information into here all right that's
not a guarantee we might say well we
[58:30]
like everybody's familiar with that and
we're just going to use this for my
[58:34]
asset management and um uh
data and work orders and whatnot like
[58:41]
that is this is this in the cloud by the
is this in the cloud or does this get
[58:46]
stored on our
server uh I believe the cloud uh but you
[58:52]
just went over my head a little bit so
yeah stored locally or is it a software
[58:57]
in the in like you log into a website
basically right got you but you know it
[59:02]
and again with most of these uh type
systems um say we terminate their
[59:06]
contract we're just not satisfied or
whatever whatever whatever information
[59:10]
that had been generated um that's that
that's ours got
[59:16]
it so that point it be local storage but
yeah should fit on just a hard drive so
[59:20]
again it'll go over um work orders Asset
Management
[59:25]
um report Generation all of
that so use your very uh from what we're
[59:32]
go ahead what I what I'm able to
understand from it so far from what
[59:36]
they've showed us it's very uh user
friendly and very intuitive I've used
[59:41]
uh a few different uh systems in the
past
[59:47]
uh uh there's a hawk whims out there
that uh that kind of program they're
[59:51]
expensive number one uh anything from
Hawk is it's a good product but it only
[59:56]
does the the data generation and
tracking it doesn't do asset management
[1:00:01]
or any of that other stuff um so this
has uh and it's this is much more
[1:00:08]
intuitive
uh there's U uh the same can be said for
[1:00:14]
the
uh um maintenance management type
[1:00:17]
programs there's there's a thousand
different programs out there um but
[1:00:23]
they're Standalone systems they just do
that aspect this sort of covers all of
[1:00:28]
bases so I'm I'm quite eager to get
started with this and uh I think it'll
[1:00:35]
be uh a good asset for the
city is there any
[1:00:40]
questions I think at the end of the day
Mr President I do we need to delay on
[1:00:45]
moving this to a coun full Council or do
you think we could just get them access
[1:00:50]
to this they think the sooner the better
right and it's January opion the sooner
[1:00:54]
the better yeah and it's January and
probably get a nice roll into the into
[1:01:00]
the coming year if you started now right
if we had if you had the availability
[1:01:04]
yeah B basically is uh what I've we've
been kicking this around for a few
[1:01:10]
months so I I tried to promise him that
I'd have an answer for him
[1:01:15]
shortly so they're building this from
scratch they would built this from
[1:01:19]
scratch yes so we spent a lot of time
and effort getting our inventory to the
[1:01:24]
G is there any because I'm guessing this
is going to be an application user based
[1:01:29]
this people can get to it on their
tablet so if they're doing a work order
[1:01:31]
on a valve can is there a like a process
where we link that to all that work we
[1:01:36]
did with the gis system this is the
valve there's a there's an inventory
[1:01:41]
item that we put in there we click on
that valve it takes us to the gis which
[1:01:45]
we've gone through and meticulously made
sure we have the identification where
[1:01:47]
the valve is where the street is is that
again that's that that feature right now
[1:01:52]
is is probably what we're going to start
on last because we've already got a
[1:01:56]
system that does that yep and if we find
out that we're very pleased with all the
[1:02:00]
information that we've been generating
to date um mostly on the Wastewater side
[1:02:06]
um then we're going to start migrating
it over to the water side expanding it
[1:02:11]
um but I my understanding is is that
information is uh very similar you know
[1:02:16]
you just uh you track it the same way
use it the same way as long as the
[1:02:21]
possibility is there I'm good with it
yes I believe the possibility I have a
[1:02:24]
quick question sure um is this was this
built into our budget it was not built
[1:02:30]
into the budget yet this is the water
budget right we have in the water
[1:02:34]
budg
[1:02:38]
ability any other questions I like what
I hear I have one I do too this was no
[1:02:43]
cost until you approve the the final
Bild so to speak that's
[1:02:53]
correct
they presented it to George and to Alec
[1:02:57]
and then Alec and George presented it to
me and you know was the last step for
[1:03:02]
that Mr President could we make this
contingent on making it in terms of
[1:03:08]
paying could could we hear a report from
you on what your experience is like
[1:03:15]
prior to us approving it to be executed
you know in terms of making payment I
[1:03:19]
think it would be nice my understanding
is is that we would just uh sign the
[1:03:23]
order form now
and
[1:03:25]
then we start building out the system
and nothing has to be signed um going
[1:03:31]
forward until I'm happy with the system
but simp make it subject to to his s to
[1:03:37]
our satisfaction I I think what I'm
saying I mean just for clarity we would
[1:03:41]
love since because this is a new system
for you and it seems like it's going to
[1:03:45]
be really beneficial to you I think it
might be nice for us to hear a report
[1:03:49]
from you on how the experience was and
and the data that you're getting from it
[1:03:53]
if that makes any sense I I think that
would be really helpful for us to just
[1:03:59]
are you asking for that to be contingent
upon final for us to begin paying for it
[1:04:04]
like before we cut a check let's make it
contingent before we cut a check to them
[1:04:08]
for finishing up their work could we
hear a report from you to just just to
[1:04:13]
go over the system or maybe just show
some sample reports or whatever just to
[1:04:17]
show that it's working into to your
satisfaction I think at that point we
[1:04:20]
could just say when you're ready to say
this is a good product come back and say
[1:04:24]
I I what they're what they're looking
for is um and I would tend to agree
[1:04:30]
with they're looking for an approval
right now description their side of
[1:04:34]
things is what I'm I'm seeking is that
authorization to spend the $1,500 at
[1:04:42]
some point and that some point in the
future I could simply say between you
[1:04:48]
and me that I'll generate the report
that you are asking come back and and
[1:04:53]
give you guys my blessing so to speak
and but the but the paperwork is already
[1:04:59]
in place for that commen uh for that
contract to commence from that point
[1:05:03]
does that that was going to be my
question is when does his expectations
[1:05:08]
get met and when do he pay is there
something
[1:05:11]
of I think we're saying the same thing
it's what is the what is your final bill
[1:05:18]
what are you expecting you know that the
vendor provide you when are you going to
[1:05:23]
be satisfied is going to be
accepted and what's the future support
[1:05:28]
once it's what you're what you're giving
I'll break it down a little bit here
[1:05:33]
what you're coming to us for is approval
to move forward with a piece of software
[1:05:38]
it's open it's very open-ended with
regard to their performance so what
[1:05:42]
we're trying to do is protect you yes by
saying what expectations at what point
[1:05:49]
do they hit that Mark because it anytime
there's a zero setup fee and there's
[1:05:55]
this
unlimited Runway you could you could put
[1:05:59]
them through their Paces to the point
where they're just like seriously if he
[1:06:02]
calls me one more time I'm going to you
know what I mean like I think what's
[1:06:05]
really helpful for us is is that we
don't mind approving the 5800 I think
[1:06:09]
it's I think it's phenomenal I think
it's going to help you considerably I
[1:06:13]
think it to protect you in a contractual
agreement is what is the what are the
[1:06:18]
landmarks that we have to hit for them
to to for us to move to payment
[1:06:24]
summarize that I would say right there
Kevin termination for the first six
[1:06:28]
months following the commencement date
this agreement may be terminated by
[1:06:31]
authorized representatives either Party
by submitting a written notice of
[1:06:34]
termination we're fine yeah that's part
of that
[1:06:37]
[Laughter]
language with respect to benchmarks
[1:06:43]
things that I'm going to be looking at
are
[1:06:46]
um what you don't you can spare us I I I
I think whatever is important to you we
[1:06:51]
believe that that's what's going to
happen I think what what we're just
[1:06:54]
looking for is hey if they don't hit
their Mark right we want to be able to
[1:06:57]
stand behind you and say enough is
enough we don't so that's that's really
[1:07:02]
what we're trying to get here okay so I
think and we we just nailed it so this
[1:07:06]
is a really uh this is a Kev proof uh
agreement I love that it's
[1:07:13]
phenomenal uh can we say not not to
exceed $5,800 would you be comfortable
[1:07:17]
with that that's what we're asking for
for the first year yeah yeah then then
[1:07:21]
there's uh you know uh cost of living
increases yeah then if if George is
[1:07:27]
happy with it after that we can build it
into subsequent budgets
[1:07:31]
fa are you looking for a decision today
then or can we make the decision next
[1:07:38]
week can can we just give you the
authorization to collect this to to sign
[1:07:42]
them for I mean can we do that I I I
would I would just like to make a motion
[1:07:46]
for to to empower George to get the
agreement signed well then we're going
[1:07:51]
to empowering or C Craig
Village staff so the recommendation in
[1:07:57]
your pack is approval of terms of
service with Aqueduct systems yes not to
[1:08:01]
exceed not to exceed
[1:08:05]
$80000 all right thank you George for
that it's thank you exciting to get that
[1:08:10]
that tool in place for you I'm
sure all right we have a motional
[1:08:15]
support to approve the terms and
services with Aqueduct any further
[1:08:19]
discussion before we
vote hearing none rondom roll call
[1:08:24]
please Steven baldry hi Robert Bishop hi
Richard Hamilton
[1:08:30]
hi Kevin
Smith
[1:08:34]
I Ann Williams I Mike Kramer I motion
carries congratulations thanks
[1:08:51]
George we're all on YouTube
I
[1:08:57]
know a mess Mr Powers good evening
Council uh so at the previous meeting we
[1:09:04]
had discussed about some of the issues
associated with uh parking enforcement
[1:09:09]
so during the December 12th uh 2023
meeting to be precise uh parking
[1:09:14]
enforcement was discussed and staff was
directed to investigate current
[1:09:17]
processes to bring back before the
council while reviewing regulations
[1:09:22]
multiple options became apparent that
required further discussion prior to
[1:09:27]
Preparing a recommendation so what I am
what my recommendation is is for the
[1:09:32]
Village Council to establish an ad hoc
committee uh to review or prepare
[1:09:37]
parking enforcement within the village
including the following staff members
[1:09:42]
being two council members uh Alec
bellson Scott wear and myself uh so this
[1:09:48]
will be more of a workshop to evaluate
uh the challenges that we have currently
[1:09:53]
with with the parking where that way we
could prepare recommendations to the
[1:09:57]
appropriate bodies and do what needs to
be
[1:10:01]
done so I would love to volunteer for
this because you know dick took my spot
[1:10:06]
on Planning Commission so I don't get to
stare at ordinances as often as I used
[1:10:10]
to and I think I saw Kevin's hand come
up unless anybody else would like
[1:10:14]
to it's going to be a lot of May shall
shall not there might even be a
[1:10:22]
shant
you never know how old the ordinances
[1:10:27]
are uh nobody
else so I didn't hear what you said um
[1:10:34]
he wants an ad hoc committee for parking
right so I just said that you stole my
[1:10:38]
spot on Planning Commission so I don't
get to St at ordinances anymore other
[1:10:41]
than reading your minutes so I'm on it
no he wants to be on it oh you you want
[1:10:46]
to be on I want to be on this I miss
ordinances do you want to be on it no I
[1:10:52]
sh it says I'm not listening throws that
right back I was listening where where I
[1:11:00]
fell out I would based on the last me I
would recommend if Kevin's available
[1:11:05]
Kevin
and we we have the most experience with
[1:11:09]
parking issues in the village as of the
past 10 years so it seems fair yeah any
[1:11:15]
any any discussion anybody else want
to feel good about it I'll make the
[1:11:21]
motion yeah but if you want to one of
the two no no go
[1:11:27]
ahead I'll make the motion that we
appoint an ad hoc committee to review
[1:11:33]
prepare enforcement within the village
for parking including um president protm
[1:11:38]
Smith and
myself support and and the staff that's
[1:11:43]
listed on
support we have a motion with support to
[1:11:47]
appoint an ad hoc committee any further
discussion before we
[1:11:52]
vote so making a committee do I need a
roll call on that okay uh you just have
[1:11:58]
to ad to all the rules afterward have
[Laughter]
[1:12:08]
sh all right all those in
favor post motion carries um if you want
[1:12:15]
to I'll get in touch with you send out a
doodle poll to all those involved and
[1:12:18]
we'll figure out when we can
meet
[1:12:22]
perfect
all right we are down to your final
[1:12:27]
public
comment
[1:12:31]
Joe all right Jason that's all
public all
[1:12:37]
right final Council comments anybody
would like to
[1:12:43]
start dick no I good Bob I'm good Steve
I'm good Kevin none for me an nope wow
[1:12:54]
other than happy New Year yeah there you
go Happy New Year hope everybody's
[1:12:57]
healthy hope my house gets healthy
[1:13:02]
soon all
right that's all we've got thanks for
[1:13:06]
your time thanks for your patience the
motion will be in order Mr President I
[1:13:09]
would like to make a motion to
adjourn
[1:13:12]
supp we have a motion with support to
journ any further discussion before we
[1:13:16]
vote hearing none all those in favor I
opposed motion carries thank you
[1:13:24]
I can't wait to be YouTube famous this
is going to be
[1:13:30]
great typically taken the position of
sub
[1:13:34]
Council not Reed
to nth