After extensive discussion, council on Monday ultimately approved an ordinance focused on qualifications for those bidding on city construction projects.
The ordinance, proposed by Councilman Jeff Dennis, amends Chapter 35 of the city’s codified ordinances.
In it’s “whereas” section, the ordinance states in part that the city has an interest in ensuring that major publicly funded construction projects are completed by highly skilled workers who receive fair and competitive compensation for the work they perform, including the provision of healthcare and retirement benefits as a standard part of their compensation package … and noted that the city’s “best bidder determination” policy dates back to the 1980s.
The new language of the chapter, among other provisions, would require that all bidders of public improvement construction projects must show the city that it provides healthcare benefits to its employees as a standard part of its compensation package and not only on projects subject to a state or federal prevailing wage requirement; that it provides retirement benefits to employees; and “the bidder participates in, sponsors, or exclusively hires graduates of a construction apprenticeship program certified and regulated by the State of Ohio or the U.S. Department of Labor.” Bidders on such construction projects would also be required to provide evidence of, among other items, safety violations or settlement agreements with the Occupational Safety & Health Administration or a similar state agency, disclosure of violations or settlement agreements to any wage and hour laws, and any state or federal EPA complaints and legal judgements during the previous 10 years, as well as previous experience, projects, and other similar matters.
Council’s Finance Committee held a meeting to discuss the ordinance prior to council Monday evening.
At that meeting, Dennis noted that many of the procedures in the ordinance are already being adhered to, and that a purchasing policy enacted in the city in late 2022 reflects a number of the changes included.
“There’s nothing here that’s outside of our ability to regulate,” he said. Dennis noted that currently, under Ohio’s prevailing wage law, companies are already required to offer retirement and healthcare benefits.
“The only thing we are asking them to do is check a box that the requirement is being met,” Dennis said later. He noted that the city already considers 16 other individual factors in the public bidding process.
Public Infrastructure Coordinator Brian O’Connell, who asked to speak on the potential impact of the ordinance on the city, said that the current method of selecting contractors has worked well and is easy to understand.
“There’s no problem that we are aware of with the current contracts selection process,” he said. He opined that adding additional restrictions or qualifications may restrict the number of bidders on city contracts, and could possibly mean higher bid prices.
City Attorney Hunter Brown said he was ambivalent on the ordinance, and “the only thing that I would kind of wish with regard to this is that the Perrysburg version of this, which is more restrictive than ours by a lot, is relatively new,” and he said he wished the current ordinance might be held to see if Perrysburg has any legal issues with theirs.
“I don’t think we’re running afoul of Ohio law in any way here,” Brown said.
Answering a question from committee member Mark Hollenbaugh, Dennis clarified that regarding benefits, the ordinance is not requiring anyone to offer any additional benefits not already required by the Ohio Revised Code.
If somebody does not want to share that they have an” EPA complaint against them, Dennis offered later as an example, “speaking as a taxpayer, I don’t want you to give them my money.”
Asked for his opinion on the matter by Councilwoman Rachel Phipps during the council meeting, Mayor Mike Aspacher said “I think that in whole this legislation would not necessarily alter any of our existing policies and procedures,” but noted that the city is a municipal utility, operating its own water and wastewater plants and electrical grid, and that the maintenance of those systems often require specialized work. As a result, he said that any part of the legislation that could limit the field of prospective bidders is a concern.
He said in particular, he had concerns about the portion of the ordinance requiring contractors to employ graduates of certified apprentice programs – an irony, Aspacher said, because he was a graduate of such a program. He said that, in his experience the city sometimes contracts with entities that don’t always have such apprenticeship programs because of the specialized nature of the work – they often train from within, he said.
Later in the meeting, when the ordinance came up for a vote, Dennis offered two amendments. The first allowed for bidders to hire employees who have either graduated from or are participating in a construction apprenticeship program certified and regulated by the state or the U.S. Department of Labor, or have at least five years of documented experience in their specific field. The second amendment allowed for up to 25% of a bidder’s employees to be participating in a pre-apprenticeship program, career tech program, or otherwise have less training and experience. Those amendments passed unanimously.
The ordinance passed 5-2, with Councilmen Greg Robinette and Bill Herald voting against.
Council on Monday also passed a proposed resolution focused on air quality.
The resolution was “in support of a market-based component to enhance citizen quality of life through improved air quality,” as the matter’s title reads.
The resolution reads, in part, that council “acknowledges – and wishes to clearly communicate – that the solution to environmental issues will necessarily be multifaceted; involving innovation in a number of areas including scientific, technological, engineering, economic, and/or governmental areas” and that “as part of the comprehensive solution, city council hereby expresses their support for a well-balanced, practical and pragmatic, bi-partisan federal Carbon Fee and Dividend policy as a means to reduce the environmental and human costs of the emissions generated by burning fossil fuels. Said policy may result in establishment of a fee on said emissions and a carbon dividend, through which all revenues from the fee, minus fixed administration costs, could be distributed equally to all US citizens on a monthly basis to offset any potential increase in the cost of goods and services resulting from the fee.”
Several speakers at Monday’s meeting spoke in favor of the resolution, including resident Bob Midden.
Midden said he understood that the policy could not fully be enacted at the city level, but “it is important that our leaders identify the most critical needs that out community faces and climate change is one of the most severe, one of the most urgent.”
When the matter came up for a vote, Councilman Nick Rubando said that “I hope if we are able to pass this, people continue to reach out to their state leaders and their federal leaders and hold them to account and hold their feet to the fire.”
“It appears I do disagree with my colleagues about the appropriateness of this resolution at the city level,” said Robinette on the matter.
The resolution passed 6-1, with Robinette voting against.
In other business, council:
• Watched as Daniel Pereira and Bodie Bankey were sworn in as firefighters with the Bowling Green Fire Division.
• Heard from resident Wendy Manning of Citizens for BG Dog Parks that a lease agreement is being worked out with the city, and that it would be brought forward soon. She also said the organization is drafting documents for incorporation.
