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Council Minutes
August 2 and 16, 2004

7:30 PM, Monday, August 2, 2004

The Council of the City of Maumee, Ohio, met on the above date and time with the following members present: Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7). Mayor Wagener presiding.

Mr. SHOOK moved to suspend reading the minutes of the July 6, 2004, regular meeting and the July 19, 2004, special meeting and to approve the Minutes Journal. Roll call: All members present voting yea, the Chair declared the motion carried.

The Mayor announced that the City received the Governor’s Award of Excellence in Housing and Community Development for the renovation of the Maumee Indoor Theater.

The Mayor opened a public hearing concerning the City’s Plan of Operation and Governance for a governmental aggregation program for natural gas supply.

Michael Matuszak, 621 Sackett Street, spoke in favor of a gas aggregation plan to help control the cost of natural gas for residents.

The Acting Law Director stated an additional hearing before Council is set for August 16. The Clerk stated that notice of the hearings was published in the Maumee Mirror. Mr. SHOOK moved to close the public hearing. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor appointing Michael Leach, Leith Street, to the position of Firefighter II was read. Mr. BRAINARD moved the appointment be confirmed. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Commissioner of Public Service requesting approval of the purchase of a boom flail mower was read. He stated one quote was received from Buck & Knobby Equipment Company of Ottawa Lake, Michigan, in the amount of $17,000. Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize a contract with Buck & Knobby Equipment Company in the amount of $17,000, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Commissioner of Public Service presenting the tabulation of bids received for street resurfacing program was read. He stated one bid was received from The Shelly Company, in the amount of $293,824.75, which is 1.7% above the engineer’s estimate of $288,822. Mrs. BARLOS moved the necessary legislation be prepared to authorize a contract with The Shelly Company, Findlay, in the amount of $293,824.75, for the 2004 street resurfacing program, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Commissioner of Public Service requesting approval of a contract for patching of River Road from Ford Street to Jerome Road and the intersection of Illinois Avenue and Ford Street was read. He stated Premier Patching, Inc. has proposed a contract in an amount not to exceed $12,000 for pothole repairs and application of SP-10 spray patching. Mr. SHOOK moved the necessary legislation be prepared to authorize a contract with Premier Patching, Inc., in an amount not to exceed $12,000 for pothole repair and application of spray patching, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting an additional appropriation for the Wolcott Complex lighting project was read. He stated that, during the installation of the lighting system, additional photocells and fuses were installed in order for the system to function more reliably. He said that the additional appropriation is in the amount of $772.68 for a total cost of $4,591.68. Mr. COYLE moved the necessary legislation be prepared to authorize an additional appropriation in the amount of $772.68 for the Wolcott Complex lighting project, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting authorization of a contract for an asbestos survey for 202 and 222 Conant Street was read. He stated Mannik and Smith Group, Inc., has proposed a contract in the amount of $2,820 to perform an asbestos survey and a review of the 2001 Phase II Environmental Site Assessment. Mr. BUEHRER moved the necessary legislation be prepared to authorize a contract with Mannik and Smith Group in the amount of $2,820, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Commissioner of Community Development requesting authorization of a lease of theater building space to the Chamber of Commerce was read. He stated the Maumee Chamber of Commerce approved a one-year, one-dollar renewable lease for the tenant space located at the Maumee Indoor Theater. Mr. BRAINARD moved the necessary legislation be prepared to authorize a lease of theater building space to the Maumee Chamber of Commerce, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Commissioner of Community Development requesting authorization of a contract for flooring purchase and installation for Chamber of Commerce offices was read. He stated Harms Flooring Center has proposed a contract in the amount of $3,062.73 for carpeting and other flooring for the Chamber of Commerce offices at the theater. Mrs. BARLOS moved the necessary legislation be prepared to authorize a contract with Harms Flooring Center in an amount not to exceed $3,062.73, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Building and Zoning Inspector requesting adoption of the Residential Building Code of Ohio for 2004 was read. He stated adoption of this code will maintain the consistency of building code enforcement through the State of Ohio. Mr. SHOOK moved the necessary legislation be prepared to authorize adoption of the Residential Building Code of Ohio for 2004, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Police Chief requesting authorization to purchase a new vehicle and trade an unmarked car for the Police Division was read. He stated Charlie’s Dodge has proposed a contract for a 2004 Dodge Durango in the amount of $24,867, less $3,000 trade-in for a 1997 Oldsmobile Eighty-Eight. Mr. SHOOK moved the necessary legislation be prepared to authorize a contract with Charlie’s Dodge for a 2004 Dodge Durango in the net amount of $21,867, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting authorization of a contract for pest removal and building repairs at the Wolcott Complex was read. He stated the eradication of bats at the Wolcott Complex Church has proven to be successful and there is evidence that the bats may be migrating to the other buildings on the complex. Critter Control has proposed a contract in the amount of $3,013 to seal various gaps, openings, and cracks in the remaining buildings of the complex. Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize a contract with Critter Control in the amount of $3,013, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting authorization of a contract for soil testing for the proposed police and fire training facility was read. He said that Bowser Morner has proposed a contract in the amount of $5,551 to perform soil test borings and analysis and prepare a report of the findings. Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize a contract with Bowser Morner in the amount of $5,551, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Administrator requesting authorization of an agreement to engage Michael Angelo, Lakewood, Ohio, as labor counsel was read. He stated Mr. Angelo has left the firm of Johnson, Angelo, and Colaluca to practice on his own. He said that his rate would remain the same as before, at $185 per hour. Mr. SHOOK moved the necessary legislation be prepared to authorize a contract with Michael Angelo, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Commissioner of Public Service requesting approval of a change order for relocation of a sewer line for the Senior Center addition was read. He stated that, during excavation of the basement for the Senior Center addition, a sanitary sewer line was encountered that was not anticipated. Midwest Contracting, Inc., has proposed a contract amendment in the amount of $8,196 to relocate the line. Mrs. BARLOS moved the necessary legislation be prepared to authorize a contract amendment with Midwest Contracting, Inc., in the amount of $8,196, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Fire Chief requesting authorization for creation of a Fire Cadet Program for high school students was read. He stated students would learn to use various tools, develop mechanical skills and aptitude, and gain a greater awareness of personal and fire safety. Mr. BRAINARD moved to authorize creation of a Fire Cadet Program, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Police Chief with a tabulation of bids received for the purchase of the division’s SRU vehicle and requesting authorization to dispose of the vehicle was read. He stated that one bid was received from Kenneth Twigg, Toledo, in the amount of $300. Mr. COYLE moved the necessary legislation be prepared to authorize the sale of the 1977 International Fire Rescue vehicle to Kenneth Twigg, Toledo, in the amount of $300, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Commissioner of Public Service requesting approval of contract amendment for the Area One Phase Three Storm Sewer project for roadway reconstruction was read. He stated that, while installing the storm sewer, deterioration of the concrete base was found to the extent that replacement of the entire roadway is warranted. PHC, Inc., has proposed a contract in the amount of $131,302, for reconstruction of June, Junior and Cranbrook Drives. Mrs. BARLOS moved the necessary legislation be prepared to authorize contract amendment with PHC, Inc., in the amount of $131,302, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Finance Director/Municipal Clerk requesting authorization to increase the Finance Department staff was read. He stated an additional person is needed to provide analysis and controls for City operations. The person would focus attention primarily on accounting matters that are largely due to the increase in projects and construction throughout the City. This position, Administrative Specialist, would report to the Finance Director and would require accounting, advanced applications, and computer or data management skills. He also stated a request to promote Mrs. Noble from Secretary to Administrative Assistant. He said that a change in the Schedule of Permanent Positions is needed to increase the number of Administrative Assistants from two to three and reduce Secretaries to zero. Mr. CARR moved the necessary legislation be prepared to authorize a change to the Schedule of Permanent Positions, as requested. Roll call: All members present voting yea, the Chair declared the motion carried. Mr. CARR moved to authorize the Finance Director to advertise for the position of Administrative Specialist. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Finance Director requesting approval of the 2004 sidewalk repair program and initiating assessment process for repair of sidewalks on 269 properties in Area Two was read. He stated the total estimated cost of the improvements is $86,818.86 of which $39,650.53 would be property owner responsibility, $14,963.40 would be the city’s share of the property owners’ improvements and $32,204.93 would be the city’s responsibility due to trees, manholes, etc. Mr. SHOOK moved the necessary legislation be prepared to authorize approval of the 2004 sidewalk repair program and initiating assessment process for repair of sidewalks, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Commissioner of Public Service requesting approval of a contract for backstop fence replacement at Rolf Park was read. He stated Bedford Fence Company has proposed a contract in the amount not to exceed $2,225 to replace thirty-foot sections of fence to the backstops to the eight softball diamonds at Rolf Park. Mr. CARR moved the necessary legislation be prepared to authorize a contract with Bedford Fence Company in the amount of $2,225, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A tabulation of bids received by the Service Department for LED Traffic Signal and Battery Back-up project was presented. The Commissioner of Public Service stated that four bids were received and he recommends the bid of U.S. Utility Contractor Co., in the amount of $405,527.37, which included the alternate of installing new poles and mast arms at the intersections of Dussel/Reynolds and Dussel/Holland. Mr. COYLE moved the bid of U.S. Utility Contractor Co., be declared the best and the necessary legislation be prepared to authorize a contract in the amount of $405,527.37, as recommended. Roll call: All members present voting yea, the Chair declared the motion carried.

A petition regarding loss of parking for patrons from the owners of businesses in the 300 block of Conant Street was read. Mr. ZIMMERMAN moved Mr. Buehrer be allowed to abstain from voting on this matter due to a conflict of interest. Roll call: All members present voting yea, the Chair declared the motion carried. Mr. BRAINARD moved to refer the matter to the Safety Committee. Roll call: Barlos, Brainard, Carr, Coyle, Shook and Zimmerman (6) voting yea; nays none; Buehrer (1) abstaining. The Chair declared the motion carried by a 6-1 vote.

A letter from Mark Rasmus representing property owners requesting approval to relocate a drainage watercourse within the area north and west of the post office was read. Mr. SHOOK moved to refer the matter to the Land Use, Planning and Zoning Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Finance Director presenting final costs related to assessments for East William Street Sanitary Sewer extension was read. He stated the property owner’s share of the total project cost of $7,016.39 amounts to $5,596.06 or $33.31 per front foot. Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize levying special assessments for the property owners’ share of the cost of the improvement of East William Street, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A tabulation of bids received by the Service Department for the purchase of de-icing road salt for 2004-2005 was presented. The Commissioner of Public Service stated that four bids were received and he recommends the bid of Cargill, North Olmstead, Ohio, at the rate of $31.34/ton delivered and dumped and $33.84/ton delivered with piler service for a minimum of 1,200 tons and a maximum of 5,000 tons of road salt. Mr. ZIMMERMAN moved the bid of Cargill be declared the lowest and best and the necessary legislation be prepared to authorize a contract, as recommended. Roll call: All members present voting yea, the Chair declared the motion carried.

The Administrator requested and executive session to inform Council regarding a personnel matter and purchase or sale of real estate. Mr. SHOOK moved to add an executive session to the agenda to discuss a personnel issue and the purchase or sale of real estate. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Shook reported the Committee of the Whole met just before tonight’s meeting and that items on the agenda were discussed. Mr. SHOOK moved the report be approved. Roll call: All members present voting yea, the Chair declared the motion carried.

Jenny Incorvaia, 1382 June Drive, stated that she is concerned that the property owners in the area of the Phase Three Area One sewer improvement project were not informed of all plans for the sewer project. She said that communications from the contractor and descriptions of property owners’ responsibilities are unclear.

Ellen Mount, 1129 Scott Street, spoke regarding free admission to the Rolf Park swimming pool for children that can’t afford the admission price. She requested that periods of free admission be set to ensure all residents are able to enjoy the pool.

Ken Pauken, 918 West Broadway, spoke regarding the cannon at Fort Meigs. He stated he believes the discharges are excessive and that certain limits should be placed on the firing of cannon.

Jeff Vanderhorst, 711 Pierce Street, spoke regarding the relocation of the drainage watercourse north and west of the post office stating his belief that development for a Walmart store should not be facilitated.

Ordinances were considered at this time.

ORDINANCE NO. 224 – 2004 ACCEPTING BID AND AUTHORIZING PURCHASE OF BOOM FLAIL MOWER FOR DEPARTMENT OF PUBLIC SERVICE AND DECLARING AN EMERGENCY. The Clerk read the Ordinance by title only. Mr. COYLE moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none. Mr. COYLE moved the resolution be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none. So the Ordinance was passed.

ORDINANCE NO. 225 – 2004 ACCEPTING BID RELATIVE TO STREET RESURFACING PROGRAM, AUTHORIZING EXECUTION OF CONTRACT, AND DECLARING AN EMERGENCY. The Clerk read the Ordinance by title only. Mr. BRAINARD moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none. Mr. BRAINARD moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none. So the Ordinance was passed.

ORDINANCE NO. 226 – 2004 ACCEPTING BID RELATIVE TO THE IMPROVEMENT OF RIVER ROAD FROM FORD TO JEROME AND THE INTERSECTION OF ILLINOIS AVENUE AND FORD ROAD. The Clerk read the Ordinance by title only. Mrs. BARLOS moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none. So the Ordinance was passed.

ORDINANCE NO. 227 - 2004 AUTHORIZING AMENDMENT TO CONTRACT WITH PIERCE ELECTRIC RELATIVE TO WOLCOTT CHURCH PARKING LOT LIGHTING, AND DECLARING AN EMERGENCY. The Clerk read the Ordinance by title only. Mr. SHOOK moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7); voting yea; nays none. Mr. SHOOK moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none. So the Ordinance was passed.

ORDINANCE NO. 228 – 2004 AUTHORIZING CONTRACT WITH MANNIK & SMITH GROUP RELATIVE TO ASBESTOS SERVICES AND DELCARING AN EMERGENCY. The Clerk read the Ordinance by title only. Mr. BUEHRER moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none. Mr. BUEHRER moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none. So the Ordinance was passed.

ORDINANCE NO. 229 – 2004 AUTHORIZING EXECUTION OF LEASE AGREEMENT WITH THE MAUMEE CHAMBER OF COMMERCE RELATIVE TO CORNER SPACE AT THE MAUMEE INDOOR THEATER BUILDING. The Clerk read the Ordinance by title only. Mr. ZIMMERMAN moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none. So the Ordinance was passed.

ORDINANCE NO. 230 – 2004 ACCEPTING BID AND AUTHORIZING PURCHASE OF CARPET AND TILE FOR MAUMEE CHAMBER OF COMMERCE, AND DECLARING AN EMERGENCY. The Clerk read the Ordinance by title only. Mr. CARR moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none. Mr. CARR moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none. So the Ordinance was passed.

ORDINANCE NO. 231 – 2004 ADOPTION OF THE RESIDENTIAL BUILDING CODE OF OHIO FOR 2004, AND DECLARING AN EMERGENCY. The Clerk read the Ordinance by title only. Mr. COYLE moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none. Mr. COYLE moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none. So the Ordinance was passed.

ORDINANCE NO. 232 – 2004 AUTHORIZING PURCHASE OF VEHICLE FOR DIVISION OF POLICE OF THE DEPARTMENT OF PUBLIC SAFETY, AND DECLARING AN EMERGENCY. The Clerk read the Ordinance by title only. Mr. BRAINARD moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none. Mr. BRAINARD moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none. So the Ordinance was passed.

ORDINANCE NO. 233 – 2004 AUTHORIZING CONTRACT WITH CRITTER CONTROL FOR PEST REMOVAL AND BUILDING REPARIS AT WOLCOTT HOUSE AND DECLARING AN EMERGENCY. The Clerk read the Ordinance by title only. Mrs. BARLOS moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none. Mrs. BARLOS moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none. So the Ordinance was passed.

ORDINANCE NO. 234 – 2004 AUTHORIZING CONTRACT WITH BOWSER MORNER SOIL TESTING AT TRAINING FACILITY. The Clerk read the Ordinance by title only. Mr. SHOOK moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none. Mr. SHOOK moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none. So the Ordinance was passed.

ORDINANCE NO. 235 – 2004 AUTHORIZING EMPLOYMNET OF MICHAEL ANGELO FOR LABOR COUNSEL SERVICES IN THE CITY OF MAUMEE AND DECLARING AN EMERGENCY. The Clerk read the Ordinance by title only. Mr. BUEHRER moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none. Mr. BUEHRER moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none. So the Ordinance was passed.

ORDINANCE NO. 236 – 2004 APPROVAL OF CHANGE ORDER AT SENIOR CENTER CONSTRUCTION, AND DECLARING AN EMERGENCY. The Clerk read the Ordinance by title only. Mr. ZIMMERMAN moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none. Mr. ZIMMERMAN moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none. So the Ordinance was passed.

ORDINANCE NO. 237 – 2004 DECLARING A CERTAIN PROPERTY OF THE CITY OF MAUMEE TO BE SURPLUS EQUIPMENT, AUTHORIZING DISPOSAL AND DECLARING AN EMERGENCY. The Clerk read the Ordinance by title only. Mr. CARR moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none. Mr. CARR moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none. So the Ordinance was passed.

ORDINANCE NO. 238 – 2004 APPROVAL OF CONTRACT AMENEMENT FOR AREA 3 PHASE 1 STORM SEWER PROJECT AND DECLARING AN EMERGNECY. The Clerk read the Ordinance by title only. Mr. COYLE moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none. Mr. COYLE moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none. So the Ordinance was passed.

ORDINANCE NO. 239 – 2004 AMMENDING SCHEDDULE OF PERMANENT POSITIONS OF THE CITY OF MAUMEE, REPEALING ORDINANCE 215-2004. The Clerk read the Ordinance by title only. Mr. BRAINARD moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none. So the Ordinance was passed.

RESOLUTION NO. 240 – 2004 DECLARING THE NECESSITY OF CONSTRUCTING, REPAIRING, AND RECONSTRUCTING CERTAIN SIDEWALKS IN THE CITY OF MAUMEE, REQUIRING THAT ABUTTING PROPERTY OWNERS CONSTRUCT OR REPAIR SAME. RATIFYING AND CONFIRMING NOTICES, AUTHORIZINGT CONSTRUCTION, REPAIR, OR RECONSTRUCITON BY DIRECTOR OF PUBLIC SERVICE IN CERTAIN CASES, PROVIDING FOR ASSESSMENT OF COSTS, AND DECLARING AN EMERGENCY. The Clerk read the Ordinance by title only. Mrs. BARLOS moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none. Mrs. BARLOS moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none. So the Ordinance was passed.

ORDINANCE NO. 241 – 2004 AUTHORIZING CONTRACT WITH BEDFORD FENCE FOR CONSTRUCITON OF BACK STOP FENCE REPLACEMENT AT ROLF PARK AND DECLARING AN EMERGENCY. The Clerk read the Ordinance by title only. Mr. SHOOK moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none. Mr. SHOOK moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none. So the Ordinance was passed.

ORDINANCE NO. 242 – 2004 ACCEPTING BID FOR SIGNAL AND BATTERY BACK-UP PROJECT, AND DECLARING AN EMERGENCY. The Clerk read the Ordinance by title only. Mr. BUEHRER moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none. Mr. BUEHRER moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none. So the Ordinance was passed.

ORDINANCE NO. 243 – 2004 LEVYING SPECIAL ASSESSMENTS FOR TH EPROPERTY OWNERS’ SHARE OF THE COST OF THE IMPROVEMENT OF EAST WILLIAM STREET IN THE CITY OF MAUMEE, OHIO, BY CONSTRUCTING A SEWER LINE EXTENSION WITH THE NECESSARY APPURTENANCES, AND DECLARING AN EMERGENCY. The Clerk read the Ordinance by title only. Mr. ZIMMERMAN moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none. Mr. ZIMMERMAN moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none. So the Ordinance was passed.

ORDINANCE NO. 244 – 2004 ACCEPTING BID FOR PURCHASE OF ROAD SALT FOR 2004-2005, AND DECLARING AN EMERGENCY. The Clerk read the Ordinance by title only. Mr. CARR moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none. Mr. CARR moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none. So the Ordinance was passed.

ORDINANCE NO. 245 – 2004 APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS PURPOSES. The Clerk read the Ordinance by title only. Mr. COYLE moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none. So the Ordinance was passed.

Mr. SHOOK moved to adjourn to executive session to discuss a personnel issue and the purchase of real estate. Roll call: All members present voting yea, the Chair declared the motion carried.

When Council returned to regular session, Mr. SHOOK moved to adjourn until 7:30 p.m., Monday, August 16, 2004, carried v.v.

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7:30 PM, Monday, August 16, 2004

The Council of the City of Maumee, Ohio, met on the above date and time with the following members present: Barlos, Brainard, Buehrer, Carr, Coyle and Shook (6); absent: Zimmerman (1). Mayor Wagener presiding.

Mr. SHOOK moved to suspend reading the minutes of the August 2, 2004, regular meeting and the August 9, 2004, special meeting and to approve the Minutes Journal. Roll call: All members present voting yea, the Chair declared the motion carried.

The Mayor opened a public hearing concerning the City’s Plan of Operation and Governance for a governmental aggregation program for natural gas supply.

The Law Director stated the program is similar to the electric aggregation program although the electric program was spurred by limited allocation of low cost production. She stated notices to residents should be more straightforward and generate fewer questions.

Mr. BUEHRER moved to close the public hearing. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. COYLE moved to approve the City’s Plan of Operation and Governance for a governmental aggregation program for natural gas supply. Roll call: All members present voting yea, the Chair declared the motion carried.

Notice from the Ohio Division of Liquor Control of change ownership of permits at 1772 Indian Wood Circle from LMT Enterprises of Maumee Inc., dba Pinnacle, to TJT Enterprises Inc., dba Pinnacle was presented. The Administrator stated he sees no reason to object to the transfer. Mr. SHOOK moved the notice be placed on file. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Police Chief requesting authorization to apply for the 2005 Third Grade Safety Belt Program Grant was read. He stated 247 third graders would receive safety belt instruction this school year. Mr. BRAINARD moved the necessary legislation be prepared to authorize application for the 2005 Third Grade Safety Belt Program Grant, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Police Chief requesting authorization to fill the Animal Control Officer position was read. He stated the position is vacant due to the retirement of the Animal Control Officer. Mr. BUEHRER moved to authorize advertisements for the position of Animal Control Officer and to refer a review of the job description to the Safety Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Fire Chief with a tabulation of bids received for the sale of the division’s surplus SUV and requesting authorization to dispose of the vehicle was read. He stated four bids were received and he recommends the high bid of $2,500 from Chris Beaber. Mrs. BARLOS moved the bid of Chris Beaber be declared the highest and best and the necessary legislation be prepared to declare the SUV as surplus and authorize the sale. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor appointing Thomas P. Hunyor, Jr., Craig Road; Russel E. Todd, Middlesbrough Court; and Jeffrey J. Henneman, Seventh Street to the position of Firefighter I was read. Mr. SHOOK moved the appointments be confirmed. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor appointing Bob Brannan, Conant Street; Keith R. Helminski, River Road; and Martin G. Pauken, West Dudley Street to the Board of Building Standards was read. Mr. BUEHRER moved the appointments be confirmed. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor appointing David C. Hazard, Finance Director, to the Maumee Enterprise Zone Negotiation Team was read. Mrs. BARLOS moved the appointment be confirmed. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Commissioner of Community Development requesting an additional appropriation for the Maumee Indoor Theater operations account was read. He said that the current advance is $25,000 and needs to be increased to $50,000. He stated reimbursements of the operating account will occur monthly instead of bi-weekly. Mrs. BARLOS moved to authorize an increase of the Maumee Indoor Theater operations advance from $25,000 to $50,000, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Chief of Police requesting authorization of a contract for maintenance of dispatch office voice recording system was read. He stated Sound Communications, Grove City, Ohio has quoted a cost of $2,192.72 for the one-year maintenance contract. Mr. CARR moved the necessary legislation be prepared to authorize a one-year maintenance contract with Sound Communications in the amount of $2,192.72, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A tabulation of bids by the Commissioner of Public Service for pavement marking and striping was presented. He stated that two bids were received and he recommends the low bid of Zimmerman Paint Contractors Company in the amount of $41,976. Mr. BUEHRER moved the bid of Zimmerman Paint Contractors in the amount of $41,976 be declared the lowest and best and the necessary legislation be prepared to authorize a contract. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting authorization of a service agreement and easement for installation of electrical service for the new Police station was read. He stated Toledo Edison has proposed a contract in the amount of $22,718 to install the new electric service to the Police building.

Mr. SHOOK moved the necessary legislation be prepared to authorize a contract with Toledo Edison in the amount of $22,718 for the installation of electrical service at the Police building and to authorize an easement for the location of equipment. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Commissioner of Community Development requesting authorization of a contract for design and construction engineering for beautification of the south side of the Anthony Wayne Trail west of Conant Street was read. He stated Proudfoot Associates has proposed a contract in the amount of $26,728 for engineering and landscape architectural services. Mrs. BARLOS moved the necessary legislation be prepared to authorize a contract with Proudfoot Associates in the amount of $26,728, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Law Director requesting authorization to join with the Northwest Ohio Aggregation Coalition (NOAC) in appealing a Public Utilities Commission of Ohio (PUCO) decision regarding electric rates was read. She stated that First Energy Corporation was granted by the PUCO changes in the approved electric deregulation plan to allow a “rate stabilization plan”, which would result in a continuation of certain substantial surcharges. She said that she recommends joining NOAC in an appeal to the Ohio Supreme Court. Mr. COYLE moved to authorize joining of an appeal to the Ohio Supreme Court of the decision of the PUCO relative to the First Energy “rate stabilization plan”, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

An application of Maumee United Methodist Church, 405 Sackett Street, for amendment of a conditional use permit to allow expansion of the parking lot and related changes was presented. Mr. BUEHRER moved Mr. Shook be allowed to abstain from voting due to a conflict of interest. Roll call: All members present voting yea, the Chair declared the motion carried. Mr. BUEHRER moved the application be referred to the Municipal Planning Commission. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle (5) voting yea; nays none; Shook (1) abstaining. The Chair declared the motion carried by a 5-0 vote.

A letter from Councilman Brainard and Commissioner Kern regarding a “Maumee City Limits Cruise and Graffiti Night” to be held on Friday, September 10, 2004, was read. They stated that Classic car enthusiasts will be able to motor around Arrowhead Park and Uptown Maumee where local restaurants and merchants will be offering special discounts to participants and spectators alike and that at 9:00 p.m. the Maumee Indoor will screen the film classic “American Graffiti” free of charge. Mr. BRAINARD moved to approve a “Maumee City Limits Cruise and Graffiti Night”, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Shook reported the Committee of the Whole met just before tonight’s meeting and that Councilwoman Barlos and Nancy Everett, Northwest Ohio Military Support Group gave a presentation on the “Rally Around the Troops” to be held on Monday, September 27, 2004, and that items on the agenda were discussed. Mr. SHOOK moved the report be approved. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Carr read the following report from the Safety Committee.

Safety Committee Report

The Safety Committee met on August 13, 2004 at 10:00 a.m. to discuss a petition regarding loss of parking for patrons from the owners of businesses in the 300 block of Conant Street and RedFlex RedLight Photo Enforcement Cameras. Present were committee members Rich Carr, Doug Brainard and Tom Shook. Attending from administration were Police Chief Bob Zink, Kirk Kern, and Linda Wilker. Bill Anderson, owner of Dale’s Bar and Grill, was present to represent business owners in the 300 block of Conant Street.

In a petition presented at the August 2 Council meeting, business owners in the 300 block of Conant Street stated that parking in the area had been adversely affected since the beginning of the construction of the new Police facility. Not only did they temporarily lose spaces due to construction but also Mr. Chuck Reynolds had limited the use of his parking lot to his tenants only. Preliminary discussion had taken place between Chuck Reynolds, Bill Anderson and John Jezak relating to the possibility of the City obtaining a short-term lease with Mr. Reynolds to alleviate the parking situation.

During the committee meeting, Mr. Kern indicated that the administration was not comfortable with leasing space for public parking purposes. The administration presented an alternative plan in which the current parallel parking spaces on the north side of the west half of the 100 block of East Dudley Street would be converted into angle parking spaces with signs limiting the use of said spaces. Restrictions would include placing a one-hour time limit on parking between the hours of 8:00 a.m. and 5:00 p.m., prohibiting the use of those spaces for Municipal Court personnel or its clients and prohibiting truck parking for vehicle safety. The businesses would net an additional seven (7) parking spaces as well as allow for a greater number of vehicles to utilize those spaces with the specified restrictions in place. Police Chief Zink was in concurrence with the change in parking style and restrictions.

Mr. Kern stated that press releases would be placed in the local media to alert the public of these parking changes. The committee also decided to post 15-minute parking limit signs on three (3) spaces in the City’s East John Street lot; post notices to City employees to utilize the City parking lot on East William Street, when possible; and require City employees, who use City vehicles, to park their personal vehicles in the Service Department lot on Illinois Avenue or the temporary Police Division lot on Conant Street during the workday. Administration was also directed to review the parking situation over the next couple of months and report any further problems to the Council.

The committee unanimously recommends to convert current parallel parking spaces on the north side of the west half of the 100 block of East Dudley Street to angle parking, place the aforementioned restrictions on those spaces, and designate three (3) parking spaces in the City’s East John Street lot to 15-minute parking only.

The second topic was a report of the findings and recommendations of RedFlex, a provider of ‘end-to-end’ traffic camera systems and services that improve road safety. RedFlexred & speed are fixed-site digital cameras that provide enforcement against red light runners and those who speed into the intersection during the amber or red light signals. Police Chief Zink recommended placing such a system at one of the City’s most dangerous intersections – Monclova Road and the Anthony Wayne Trail. RedFlex would process citation notices and the City would receive 25% of the collections during the three-year contract. If successful, Chief Zink would consider placing the same system at other dangerous intersections within the City such as Michigan Avenue and the Anthony Wayne Trail.

The committee unanimously recommends authorizing the administration to enter into an agreement with RedFlex to place a system at the Monclova Road / Anthony Wayne Trail intersection and review other City intersections that may be in need of such a system for traffic safety. Further, the committee recommends earmarking funds received through citation collections for future safety programs and purchases.

Respectfully submitted,

Rich Carr, Chairman

Doug Brainard

Tom Shook

Mr. CARR moved the report be accepted in its entirety. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Carr read the following report from the Safety Committee.

Safety Committee Report

The Safety Committee met on June 23, 2004 at 9:30 a.m. to discuss the construction of brick school guard shelter houses, the sale of the 1977 International step van, the concealed weapons carrying law and Police Division staffing. Present were committee members Rich Carr and Doug Brainard. Attending from administration were John Jezak, Police Chief Bob Zink, Kirk Kern, Larry Gamble, Dave Hazard, and Linda Wilker. Also present were Ken Aerni, Assistant Superintendent of Maumee City Schools and C.J. Nelson of the Mirror.

The first topic for discussion was the construction of brick school guard shelter houses to replace the current guard shacks. Administration reviewed notes from a June 3 meeting on this topic that advocated rebuilding three shelter houses, evaluating remaining locations for possible relocation or elimination, creating a policy for locating future shelter houses and addressing staffing issues. Current sites have been or are in the process of being analyzed for levels of vehicular traffic, student traffic, and signalization among other criteria with the administration recommending that three new brick shelter houses be built and one guard shack be eliminated. Further, the Police Chief indicated that staffing the guard posts has been problematic in the past and would like to research other avenues such as utilizing the AAA school crossing guard program to train children to act as guards, which has proven successful in Bowling Green. This option needs to be examined more closely in terms of safety and school liability. The recommendation of the committee is to eliminate the guard shack at Cass Road / Dussel Drive and authorize bid specs for new shelters at Key / 7^th Streets, Dussel Drive / Eastfield and 1600 Cass Road as requested by administration. The balance of the issues on this topic will remain in committee for future assessment.

The second topic for discussion concerned the disposal of a surplus 1977 International step van previously used as the SRU tactical vehicle. Administration offered the vehicle to Penta and Owens for use as a student project but both institutions had a number of other projects and were not interested. The recommendation of the committee was to advertise the vehicle and sell through sealed bid process.

The third topic for discussion was the drafting of city policies in response to the concealed weapons carrying law (CCW). The Police Chief explained that the CCW law prohibits concealed weapons in facilities owned and/or leased by political subdivisions. An associated issue concerned the law being silent regarding employees carrying concealed weapons outside City premises while on duty. The legal opinion is that employers need to create policies to cover such gray areas. The recommendations of the committee are: (1) to post signage prohibiting concealed weapons at the Maumee Indoor Theater, Rolf Park Swimming Pool, Wolcott complex, the Community Building, and all City parks and playgrounds; (2) to have administration request Lucas County to place similar signage at the Rec Center; (3) to have administration request the Toledo Area Metropark District to place similar signage at Side Cut Metropark; and (4) to have administration and the Law Department draft work rules and/or policies for City employees.

The final topic was a review of the Police Division staffing. With several possible retirements anticipated in the near future, the committee reviewed the number of authorized officers, currently set at 45, to assure division needs were met. The Police Chief confirmed that 45 officers was a satisfactory level. The division is currently one officer short but the Civil Service Commission has scheduled a patrolman’s exam for September to establish a new eligibility list necessary for hiring personnel. Additionally, the committee wanted to review the Student Resource Officer (SRO) program to ensure that student exposure to police personnel was maximized, especially at the junior high and high school levels. Chief Zink stated that the SRO program had exceeded its goals over its first two years in operation. By shifting assignments within the Police Division, the committee’s desire to expand the SRO program could be met at the division’s current staffing levels. The committee strongly supports the SRO program and the Police Division administration in assigning officers as necessary to allow maximum exposure within the Maumee school system.

Respectfully submitted,

Richard Carr, Chairman

Douglas Brainard

Thomas Shook

Mr. CARR moved the report be accepted in its entirety. Roll call: All members present voting yea, the Chair declared the motion carried.

Mrs. Barlos read the following report from the Finance Committee.

Finance Committee

The Finance Committee met on Monday, August 9, 2004, to discuss the issue of taxation of S corporations in the City of Maumee. Present at the meeting were committee members Jenny Barlos, Brent Buehrer and Todd Zimmerman and Dave Hazard of the Finance Department.

Mr. Hazard presented information detailing that unless placed on the ballot in November, under current Ohio law, S corporations would not be able to be taxed by municipalities. By placing a referendum on the ballot, a vote could be taken that if passed, would permit S corporations to be taxed. The taxation of S corporations would not then be a new or additional tax, but a continuation of the tax that has previously been paid and consistent with taxes that other types of corporate and individual citizens currently pay. The referendum merely would allow an opportunity to close a loophole that the state legislature has created.

In light of the presentation by Mr. Hazard and the administration’s recommendation that the issue be placed on the ballot it was the unanimous recommendation of the Finance Committee that the issue of taxation of S corporation be placed on the ballot as a referendum for the November, 2004 elections.

Respectfully submitted,

Todd M. Zimmerman, Chair

Jenny Barlos

Brent Buehrer

Mrs. BARLOS moved the necessary legislation to be prepared to authorize the issue of taxation of S corporation be placed on the ballot as a referendum for the November, 2004 elections. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Buehrer read the following report from the Buildings and Lands Committee.

Buildings and Lands Committee

The Buildings and Lands Committee met on August 10, 2004, at 4:30 p.m. in the Council Conference Room at 400 Conant Street to discuss custodial maintenance needs at the Maumee Senior Center, and property donation at the Maumee Valley Historical Society Wolcott Museum Complex.

Present at the meeting: Brent Buehrer, Mike Coyle, and Tom Shook of the Committee; John Jezak of the administration; Larry Gamble and Joe Camp of the service department; Linda Wilker of the finance department; Sheilah McAdams, Law Director; Christal Hughes of the Maumee Senior Center and C.J. Nelson, Mirror Newspaper.

The Committee first heard the senior center’s request for cleaning services, and how they lost their funding from the program “Green Thumb” now known as “Work Experience”, for part-time employment of workers 50-years plus in age. The Senior Center has been paying $6,780 annually, for the last 18 months, to augment the loss of this funded program (see attachment). Larry Gamble recommended that the service department in conjunction with the Senior Center obtain quotes for cleaning services. The quotes will be in the name of the Maumee Senior Center and that the City will annually entertain the request for cleaning services reimbursement. The committee unanimously agreed.

Secondly, John Jezak discussed the donation of land from the Maumee Valley Historical Society, previously owned by the Sczesny brothers, to the City of Maumee (see attached agreement). It was recommended that John Jezak and Sheilah McAdams be allowed to work with the attorney of the Historical Society on any changes to the agreement, but in principle the committee agreed to accept the donation. It was also pointed out that once the City owned the property some removal of crushed pavement and abandoned light poles, along with grading and seeding would need immediate attention.

Respectfully submitted,

Brent Buehrer, Chair

Thomas Shook

Michael Coyle

Mr. BUEHRER moved the report be accepted in its entirety. Roll call: All members present voting yea, the Chair declared the motion carried.

Mark Karchner, 739 Kumler Drive, spoke requesting the use of soccer fields at Rolf Park by the Maumee Youth Football program for practice.

Mrs. BARLOS moved the matter of roadway improvements to aid in the revitalization of the shopping centers adjacent to Detroit Avenue be referred to the Streets Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

Mrs. BARLOS moved the matter of additional sidewalks in the Connect Maumee program be referred to the Streets Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. BUEHRER moved the request of Maumee Youth Football for the use of Rolf Park be referred to the Parks and Recreation Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

Ordinances were considered at this time.

RESOLUTION NO. 248 – 2004 AUTHORIZING THE MAYOR AND MUNICPAL CLERK TO FILE AN APPLICATION TO PARTICIPATE IN THE OHIO DEPARTMENT OF PUBLIC SAFETY 2005 3^RD GRADE SAFETY BELT PROGRAM, AUTHORIZING ACCEPTANCE OF GRANT, AND DECLARING AN EMERGENCY.