Council Minutes
December 5 and 19, 2005

7:30 PM, Monday, December 5, 2005 

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

Mr. CARR moved to suspend reading the minutes of the November 21, 2005, meeting, and to approve the Minutes Journal.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Tom Wagner, Maumee Council for the Arts, presented the City with an award by Hospice of Northwest Ohio given to the Council for the Arts recognizing its contributions. 

A letter from the Mayor accepting the resignation of Tim Brainard from his position as Volunteer Fire Fighter, effective November 8, 2005, was read.

Mr. BUEHRER moved to confirm acceptance of the resignation.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

The Mayor requested Council designate its representatives on the Volunteer Fire Fighters’ Dependents Fund Board for 2006.

Mr. ZIMMERMAN nominated Mrs. Barlos and Mr. Carr to serve as representatives on the Volunteer Fire Fighters’ Dependents Fund Board.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Secretary of the Municipal Planning Commission recommending approval of an amendment of a Special Use Permit for a car wash at 1390 Conant Street was read.  He stated that the applicant proposes to install dryer equipment on the exit of the rear bay of the building, and to enclose the equipment in vinyl fabric on an aluminum frame.  He said that the Commission’s recommendation is subject to use of no translucent panels and proper maintenance of the fabric and that there were no objections to the proposal.

Mr. BRAINARD moved the necessary legislation be prepared to authorize amendment of a Special Use Permit for a car wash at 1390 Conant Street, as recommended.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Letters from the Chief of Police and the Clerk of Court regarding renewal of an agreement with Northwest Ohio Regional Information Services (NORIS) were read.  The Police Chief stated that the cost to the Police Division for NORIS services for 2006 is $18,175, and the Clerk of Court stated that the cost to the Court for 2006 is $9,400.

Mr. COYLE moved the necessary legislation be prepared to authorize renewal of agreement with NORIS in the total amount of $27,575, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Commissioner of Public Service requesting authorization to purchase a cover for the fountain in the courtyard was read.  He stated that a cover will protect the water fountain from outside elements during the winter months and that Wilcox Awning and Sign has quoted a price of $500 for the fabrication and installation of a cover.

Mr. BUEHRER moved the necessary legislation be prepared to authorize a contract with Wilcox Awning and Sign in the amount of $500, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried.

A letter from the Finance Director requesting authorization of renewal of contracts for computer hardware, software, and facilities maintenance and for an anti-virus software upgrade was read.  He stated that Civica CMI has quoted a price of $131,266, a decrease of $2,432 from 2005, and that an additional agreement is needed for the purchase of an upgrade of Norton Anti-Virus software at a price of $3,678.

Mr. moved the necessary legislation be prepared to authorize contracts with Civica CMI in the amount of $134,944, 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 for a license to use certain music at the Indoor Theater was read.  He stated that the American Society of Composers, Authors, and Publishers (ASCAP) has proposed an agreement for a license in order to conform with copyright laws and allow for the playing of music at City facilities at a price of $268 annually.

Mr. BRAINARD moved the necessary legislation be prepared to authorize an agreement with ASCAP in the amount of $268, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Maumee Council for the Arts requesting financial support and approval of concerts for 2006 was read. 

Mr. COYLE moved to refer the matter to the Public Information Committee.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Mr. Carr reported the Committee of the Whole met just before tonight’s meeting, that items on the agenda were discussed, and that the Committee of the Whole adjourned to an executive session to discuss threatened litigation and the purchase of real estate.

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

Legislation was considered at this time. 

ORDINANCE NO.   256 – 2005                AMENDING ORDINANCE NO. 76-1989 RELATIVE TO SPECIAL USE PERMIT FOR CAR WASH AT PREMISES LOCATED AT 1390 CONANT STREET, 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:  Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (6) voting yea; nays none.

Mr. COYLE moved the ordinance be placed on its final passage and passed.  Roll call:  Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (6) voting yea; nays none.

So the Resolution was passed. 

ORDINANCE NO.   257 – 2005                AUTHORIZING EXECUTION OF 2006 AGREEMENTS WITH THE CRIMINAL JUSTICE COORDINATING COUNCIL RELATIVE TO NORIS INFORMATION SYSTEM, 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:  Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (6) voting yea; nays none.

Mr. BRAINARD moved the ordinance be placed on its final passage and passed.  Roll call:  Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (6) voting yea; nays none.

So the Ordinance was passed. 

ORDINANCE NO.   258 – 2005                AUTHORIZING PURCHASE AND INSTALLATION OF FOUNTAIN COVER FOR MUNICIPAL COMPLEX COURTYARD FOUNTAIN, 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:  Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (6) voting yea; nays none.

Mr. CARR moved the ordinance be placed on its final passage and passed.  Roll call:  Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (6) voting yea; nays none.

So the Ordinance was passed. 

ORDINANCE NO.   259 – 2005                AUTHORIZING CONTRACT WITH CREATIVE MICROSYSTEMS, INC., RELATIVE TO COMPUTER MAINTENANCE AND SUPPORT SERVICES FOR THE CITY OF MAUMEE, OHIO, 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:  Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (6) voting yea; nays none.

Mr. BUEHRER moved the ordinance be placed on its final passage and passed.  Roll call:  Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (6) voting yea; nays none.

So the Ordinance was passed. 

ORDINANCE NO.   260 – 2005                AUTHORIZING CONTRACT WITH CREATIVE MICROSYSTEMS, INC., RELATIVE TO ANTI-VIRUS SOFTWARE FOR THE CITY OF MAUMEE, OHIO, 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:  Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (6) voting yea; nays none.

Mr. ZIMMERMAN moved the ordinance be placed on its final passage and passed.  Roll call:  Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (6) voting yea; nays none.

So the Ordinance was passed. 

ORDINANCE NO.   261 – 2005                AUTHORIZING AGREEMENT WITH AMERICAN SOCIETY OF COMPOSERS, AUTHORS, AND PUBLISHERS (ASCAP), RELATIVE TO USAGE OF COPYRIGHTED MUSIC BY THE CITY OF MAUMEE, OHIO, 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:  Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (6) voting yea; nays none.

Mr. SHOOK moved the ordinance be placed on its final passage and passed.  Roll call:  Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (6) voting yea; nays none.

So the Ordinance was passed. 

Mr. ZIMMERMAN moved to ad executive session to discuss pending litigation and the purchase of real estate to the agenda.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Mr. ZIMMERMAN moved to adjourn to executive session and to allow Councilman-elect Pauken to attend.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

When Council returned to regular session, Mr. CARR moved to adjourn to Monday, December 19, 2005.  Motion carried v.v.

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7:30 PM, Monday, December 19, 2005

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.

The Mayor and Santa presented awards to the Holiday Light Parade participants:  1st place, Chapter 582 of the Experimental Aircraft Association; 2nd place, Maumee Fire Division; and 3rd place, Maumee High School cheerleaders and Ed Schmidt Auto Group.

Mr. CARR moved to suspend reading the minutes of the December 5, 2005, meeting, and to approve the Minutes Journal.  Roll call:  All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor accepting the resignation of Rich Dubler as Director of the Maumee Community Band, effective December 31, 2005, was read.

Mr. SHOOK moved to confirm acceptance of the resignation.  Roll call:  All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor appointing Kevin Heidbreder, River Road, to the position of Community Band Director, effective January 1, 2006, was read.

Mr. SHOOK moved the appointment be confirmed.  Roll call:  All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor appointing Andrew Glenn, Holland, Ohio, to the position of Zoning & Community Improvement Assistant, effective December 20, 2005, was read.

Mr. SHOOK moved the appointment be confirmed.  Roll call:  All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor appointing John Jezak, Administrator, as the City’s representative to the Lucas County Improvement Corporation Board of Trustees, with Mayor Timothy Wagener as alternate, was read.  The term of the appointment ends December 31, 2007.

Mr. SHOOK moved the appointment be confirmed.  Roll call:  All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor appointing council member Carr to the board of the Maumee Substance Abuse Intervention League (S.A.I.L.) was read.  The term of the appointment ends December 31, 2008.

Mr. SHOOK moved the appointment be confirmed.  Roll call:  All members present voting yea, the Chair declared the motion carried.

A letter from the Police Chief requesting authorization of a contract with North Coast Polytechnic Institute for legal update training was read.  He stated that North Coast Polytechnic Institute, Grafton, Ohio, has proposed a contract in the amount of $2,400 for 24 hours of training on Auto Theft and Concealed Compartments in Motor Vehicles.

Mr. SHOOK moved the necessary legislation be prepared to authorize a contract with North Coast Polytechnic Institute in the amount of $2,400, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried.

A letter from the Commissioner of Public Service requesting authorization of a change order for the 2005 Street Maintenance Program was read.  He stated that he is requesting a change order with The Shelly Company in the amount of $8,371.67 for quantity adjustments yielding a final cost of the project of $563,276.97.

Mr. SHOOK moved the necessary legislation be prepared to authorize a change order with The Shelly Company, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried.

A letter from the Fire Chief requesting a contract with Medical University of Ohio as a clinical education site for paramedic training was read.  The contract will renew for additional one-year terms unless cancelled.

Mr. SHOOK moved the necessary legislation be prepared to authorize a contract with Medical University of Ohio, 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 a low profile dump truck with new plow and salt spreader was presented.  He stated that two bids were received and he recommends the bid of Ed Schmidt Truck Store in the net amount of $51,180 with the trade-in of a 1997, Ford F-800, Low-Pro dump truck with plow and spreader.  He stated the bid for the new truck is $66,780 with $15,000 bid for the trade-in.

Mr. SHOOK moved Mr. Carr 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. SHOOK moved the bid of Ed Schmidt Truck Store be declared the lowest and best and the necessary legislation be prepared to authorize a contract in the net amount of $51,180, as recommended.  Roll call:  Barlos, Brainard, Buehrer, Coyle, Shook and Zimmerman (6) voting yea; nays none; Carr (1) abstaining.  The Chair declared the motion carried by a 6-0 vote.

A letter from the Service Director requesting authorization of an agreement with Toledo Edison to provide service for new street signals was read.  He stated that Toledo quoted a cost of $1,300 to provide electric service to the School Zone and Pedestrian Crossing signals for the Fort Miami School.

Mr. SHOOK moved the necessary legislation be prepared to authorize an agreement with Toledo Edison in the amount of $1,300, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried.

A letter from the Building Inspector requesting authorization for the purchase of a new vehicle for the Inspection Division was read.  He stated that he recommends the proposal of Brondes Ford, Maumee, for a 2006 Ford Escape in the amount of $18,802.30.  He stated a vehicle is needed for the position added to the division.

Mr. SHOOK moved the necessary legislation be prepared to authorize a contract with Brondes Ford, in the amount of $18,802.30, as recommended.  Roll call:  All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor requesting authorization of an agreement regarding the discovery of a cemetery at the former CSB property was read.  He stated that a release has been prepared by the City and County Prosecutors for all four parties (R.C. Young, CSB Investors LLC, city, and county) to equally share the $62,465 expense to exhume the remains found at the site.  The Mayor stated the remains would be reburied at Riverside Cemetery.

Mr. SHOOK moved the necessary legislation be prepared to authorize an agreement between Lucas County, R.C. Young, CSB Investors, and the City of Maumee to equally share in the $62,465 expenses to exhume the bodies found at the former CSB property, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried.

A letter from the Administrator requesting authorization of an easement between the Wabash Cannonball Trail Partners and First Energy Corporation was read.  He stated that the Wabash Cannonball Trail Partners have been working on the conversion of a lease agreement to an easement with First Energy to operate and maintain its electrical distribution system on the trail property.  He said that the Trail Partners and First Energy have tentatively agreed upon a price of $533,232, which the City’s share would be 8% or $42,659.

Mr. SHOOK moved necessary legislation be prepared to authorize an easement agreement with First Energy Corporation as a member of the Wabash Cannonball Trail Partners, subject to the review and approval of the Service and Law Directors, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried.

A letter from the Commissioner of Human Resources requesting a change to the Management and Supervisory ordinance was read.  She stated that in order for the Director of Public Service to receive a 2006 salary increase, Ordinance 13-2005, Section 30.02, needs to be amended to:  Director of Public Service – Minimum:  $65,000/Maximum:  $98,500.

Mr. SHOOK moved the necessary legislation be prepared to authorize amendment to the Management and Supervisory ordinance, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried.

Mr. Carr reported the Committee of the Whole met just before tonight’s meeting and that the matter of residue left on City roads from local paving companies was discussed, that items on the agenda were discussed, and that the Committee also met in an executive session to discuss pending litigation and a collective bargaining matter.

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

The Mayor and Council Members honored Mr. Shook for his service to the City in this his last meeting as Council Member.

Legislation was considered at this time.

 

ORDINANCE NO.   262 – 2005 AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF MAUMEE AND NORTH COAST POLYTECHNIC INSTITUTE RELATIVE TO TRAINING 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 Resolution was passed.

ORDINANCE NO.   263 – 2005 AUTHORIZING CHANGE ORDER TO CONTRACT FOR 2005 PAVEMENT MAINTENANCES PROGRAM IN THE CITY OF MAUMEE, OHIO, 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.   264 – 2005 AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF MAUMEE AND MEDICAL UNIVERSITY OF OHIO RELATIVE TO CLINICAL EDUCATION SITE FOR PARAMEDICS, 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.   265 – 2005 ACCEPTING BID AND AUTHORIZING PURCHASE OF LOW-PRO DUMP TRUCK WITH EQUIPMENT FOR THE DEPARTMENT OF PUBLIC SERVICE, 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, Coyle, Shook and Zimmerman (6) voting yea; nays none; Carr (1) abstaining.

Mr. BUEHRER moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Buehrer, Coyle, Shook and Zimmerman (6) voting yea; nays none; Carr (1) abstaining.

So the Ordinance was passed.

 

ORDINANCE NO.   266 – 2005 AUTHORIZING EXECUTION OF CONTRACT WITH TOLEDO EDISON RELATIVE TO ELECTRICAL SERVICE FOR CERTAIN SCOOL ZONE AND PEDESTRIAN CROSSING SIGNALS, 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.   267 – 2005 AUTHORIZING PURCHASE OF VEHICLE FOR THE DIVISION OF INSPECTION OF THE DEPARTMENT OF PUBLIC SAFETY, 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.   268 – 2005 AUTHORIZING THE MAYOR AND MUNICIPAL CLERK TO EXECUTE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS RELATIVE TO CSB CEMETERY EXCAVATIONS, 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.   269 – 2005 GRANTING EASEMENT TO THE TOLEDO EDISON COMPANY RELATIVE TO WABASH CANNONBALL HERITAGE CORRIDOR, 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.   270 – 2005 AMENDING ORDINANCE 13-2005 ESTABLISHING SALARIES AND COMPENSATION OF MANAGEMENT AND SUPERVISORY EMPLOYEES OF THE CITY OF MAUMEE, AND OTHER EMPLOYEE BENEFITS AND RELATED MATTERS, REPEALING CERTAIN SECTION, 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.   271 – 2005 APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS PURPOSES.

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.  272 – 2005 APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS PURPOSES.

The Clerk read the Ordinance by title only.

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.

Mr. CARR moved to adjourn to Friday, December 30, 2005, at 5:30 p.m.  Motion carried v.v.