Council Minutes
December 3, 17, and 28, 200
7

7:30 p.m. Monday, December 3, 2007

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, Pauken and Zimmerman (7).
Mayor Wagener presiding.

Mr. CARR moved to suspend reading the minutes of the November 19, 2007, regular meeting and approve the Minutes Journal. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Maumee Senior Center requesting a donation for operations for 2008 was read.
Mr. PAUKEN moved to allow Mr. Carr to abstain due to a conflict of interest. Roll call: All members present voting yea, the Chair declared the motion carried.
Mr. PAUKEN moved to refer the request from the Maumee Senior Center for a donation for 2008 operations to the Finance Committee. Roll call: Barlos, Brainard, Buehrer, Coyle, Pauken and Zimmerman (6) voting yea; Carr (1) abstaining; the Chair declared the motion carried by a vote of 6-0.

Letters requesting authorization of contracts with Criminal Justice Coordinating Council for Northwest Ohio Regional Information System (NORIS) computer services was read. The Police Chief requested an agreement in the amount of $19,900, an increase of 7.3% from 2007. The Clerk of Court requested an agreement in the amount of $10,635, an increase of 11.4% from 2007.
Mrs. BARLOS moved the necessary legislation be prepared to authorize an agreement with the Criminal Justice Coordinating Council in an amount not to exceed $19,900 for the Police Division for use of NORIS in 2008. Roll call: All members present voting yea, the Chair declared the motion carried.
Mr. BRAINARD moved the necessary legislation be prepared authorizing an agreement with the Criminal Justice Coordinating Council in an amount not to exceed $10,635 for Maumee Municipal Court for use of NORIS in 2008. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Chief of Police requesting an agreement with Sylvania Township Police Department for participation in the County OVI Task Force was read. He stated that participation would make the City eligible for reimbursement through the Governor's Highway Safety Office State Grant Funds in an amount not to exceed $12,000 for conducting OVI checkpoints.
Mr. PAUKEN moved the necessary legislation be prepared to authorize an agreement with Sylvania Township Police Department for participation in the County OVI Task Force. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Chief of Police requesting authorization to apply for and accept a grant through the Criminal Justice Coordinating Council for the Lift-Up Juvenile Diversion Program and to provide matching funds was read. He stated the program is run by Paraclete Social Outreach to hold offending youth accountable for their actions and create healthy living patterns. He requested the City provide a local match amount of $3,243.74. He stated the grant amount is $9,731.20 for a total project amount of $12,974.94.
Mr. COYLE moved the necessary legislation be prepared to authorize an agreement as sub-grantee with the State of Ohio in the amount of $3,243.74, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Chief Building Inspector requesting authorization of a maintenance contract with Perry Corporation for maintenance of the Inspection copy machine was read. He stated that the service provides a monthly fee of $49 for the first 2,000 copies with $0.019 for additional copies.
Mr. PAUKEN moved the necessary legislation be prepared authorizing a service contract with Perry Corporation for the Inspection Division copier, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Administrator requesting approval of the 2008 business plan of the Maumee Indoor Theater was read. He stated that the Maumee Indoor's 2008 business plan was prepared by the Administration in consultation with Great Eastern Theatre Company and addresses items such as program mix, budget, and rental fees to guide the operations for the new year. He recommended approval of the business plan.
Mr. BRAINARD moved the necessary legislation be prepared to approve the 2008 Business Plan for the Maumee Indoor Theater. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting authorization of a purchase agreement with McNaughton-McKay Electric Co., in the amount of $6,216.43 for a replacement drive for the Turnpike Pumping Station was read. He stated that the pump is critical to the operation of the pumping station and the drive was irreparably damaged in November.
Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize a purchase agreement with McNaughton-McKay Electric Co., in the amount of $6,216.43 for a replacement drive for the Turnpike Pumping Station. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting approval of change order #11 with the Shelly Company, Findlay, Ohio, in the amount of $82,377.12 to move the connections of force mains from Johns Manville, Waterville and Whitehouse to the west side of Fallen Timbers Lane was read. He stated the County required this change to eliminate the possibility of the aged mains rupturing in front of the shopping complex. He stated the revised contract amount would be $5,460,154.03.
Mr. BUEHRER moved the necessary legislation be prepared to authorize a change order with The Shelly Co. in the amount of $82,377.12 for the construction of public infrastructure for the Shops at Fallen Timbers Lane, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting authorization to accept bids for the Industrial Park Pumping Station Improvements Project was read. He stated that plans for the improvements to the Industrial Park Wastewater Pumping Station are nearing completion and the engineer has estimated the construction cost to be $154,000, which is below the amount requested in the capital improvement budget.
Mrs. BARLOS moved to authorize the Service Department to advertise for bids for the improvements to the Industrial Park Wastewater Pumping Station. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting legislation needed to proceed with the Phase Three Area Three Storm Sewer Improvements Project was read. He stated that plans are complete for the next project of storm sewer improvements in the area west of Michigan Avenue and north of the railroad. He stated that a grant in the amount of $600,000 from the Ohio Public Works Commission has been approved for this year. He requested a declaration of necessity for these improvements to initiate the assessment proceedings and subsequent construction of the improvements. He stated the estimated cost is $2,533,500 and recommended that $454,967.52 be assessed on 154 properties at a unit rate of $0.43 per square foot of benefiting area.
Mrs. BARLOS moved the necessary legislation be prepared declaring the necessity to improve certain streets, alleys, and public easements between certain points in an area described as the Crystal Avenue District Phase Three Area Three by constructing storm sewers with the necessary appurtenances and ordering preparation of estimated assessments. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Finance Director requesting legislation to authorize issuance of short-term debt for various construction projects was read. He stated that notes issued in January for construction of Phase Three Area Two Sewer Separation and Fallen Timbers Improvements come due January 31, 2008, and that these projects have not been finalized. He stated the notes are to be reissued through December 1, 2008, when long-term financing can be arranged and the maturity date will then align with the TIF cash flow projections. He stated that notes to finance the Phase Three Area Three Sewer Separation construction should be issued at this time. He recommended authorizing issuance of notes for construction of Fallen Timbers Phase One Improvements in the amount of $4,706,300; construction of Phase Three Area Two Sewer Separation in the amount of $2,643,200; and construction of Phase Three Area Three Sewer Separation in the amount of $2,407,000.
Mr. PAUKEN moved the necessary legislation be prepared to authorize the issuance of notes, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Commissioner of Human Resources presenting job descriptions for the Income Tax Division and requesting adopting legislation was read. She requested approval of a new position of Tax Specialist and amendment of the ordinances governing Administrative Support Personnel and Schedule of Permanent Positions.
Mr. ZIMMERMAN moved to refer the matter to the Finance and Economic Development and Personnel committees. 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 discussed scheduling of a special Council meeting on Friday, December 28, 2007, at 4:00 p.m. to address year-end financial matters; changing the start time of the January 7, 2008, Council meeting to 6:00 p.m.; and items on the agenda.

Mr. BUEHRER moved to suspend Council Rules to allow him to present a report of the Public Utilities Committee meeting of October 18, 2007. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Buehrer read the following report of the Public Utilities Committee meeting of October 18, 2007:

                                                                                                        Public Utilities Committee
                    The Public Utilities Committee met on October 18, 2007 at 4:00 p.m. in Council Conference Room at 400 Conant Street, to discuss the Buckeye CableSystem cost for installation at the City-owned new Illinois Avenue Fire Station, and the water department offices in the base of the West Dussel Drive water tower.
                    Present at the meetings were Brent Buehrer, Doug Brainard and Tim Pauken of the Committee; and John Jezak, Administrator/Safety Director, and Gary Kasubski, Buckeye CableSystem.
                    The Committee reviewed the September 20, 2007 letter from Thomas K. Dawson, Director of Government and Community Affairs for Buckeye CableSystem. Mr. Dawson wrote, "Even though our agreements traditionally have called for no more than three monitor accounts (and no monthly service charge) per franchising authority, we never held too closely to that limit. For example, we supply four outlets in the Maumee City Building alone, plus service to the original two fire stations, the police station, and a few others. We have no objection to providing these additional two accounts at no charge to the City. However, our cost to extend the plant to provide service to those locations is estimated at more than $6,030."
                    Mr. Kasubski shared that the cost at the fire station was the largest share of the expense, because of the need for six new pole spans and 807 feet of line for the fire station. In addition to the new pole spans, 540 feet of half-inch cable needed to be converted to 860 feet of three-quarter cable so that service would not be lost to other Illinois Avenue customers. He requested a minimum $4,774 for the work done at the fire station and that they did not incur the cost at the water tower, which was the difference between $6,030 and $4,774.
                    The Committee questioned how Buckeye CableSystem handled similar situations with commercial accounts? Mr. Kasubski shared that a $1,000 discount is given for commercial customers. The Committee asked if that same consideration could apply to the City's $4,774. Mr. Kasubski felt that to be fair and agreed the City should only pay $3,774.
                    It is the Committee's unanimous recommendation that Council approve the $3,774 payment to Buckeye CableSystem for cable television services to the Illinois Avenue Fire Station with the necessary legislation being prepared.
Respectfully submitted,
Brent Buehrer, Chair
Doug Brainard, Member
Tim Pauken, Member

Mr. BUEHRER moved to authorize a $3,774 payment to Buckeye CableSystem to provide cable television service to the new fire station on Illinois Avenue. Roll call: All members present voting yea, the Chair declared the motion carried.

Legislation was considered at this time.

ORDINANCE NO. 174 - 2007                 AUTHORIZATION EXECUTION OF 2008 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. COYLE moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken 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, Pauken and Zimmerman, (7) voting yea; nays, none. So the Ordinance was passed.

ORDINANCE NO. 175 - 2007                 AUTHORIZATION EXECUTION OF SUB-RECIPIENT AGREEMENT WITH SYLVANIA TOWNSHIP BOARD OF TRUSTEES RELATIVE TO 2008 LUCAS COUNTY OVI TASK FORCE, 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, Pauken 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, Pauken and Zimmerman, (7) voting yea; nays, none. So the Ordinance was passed.

ORDINANCE NO. 176 - 2007                 AUTHORIZATION EXECUTION OF SUB-GRANTEE AGREEMENT WITH TOLEDO/LUCAS COUNTY CRIMINAL JUSTICE COORDINATING COUNCIL (CJCC) AND STATE OF OHIO DEPARTMENT OF YOUTH SERVICES RELATIVE TO LIFT-UP JUVENILE DIVERSION PROGRAM, 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, Pauken 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, Pauken and Zimmerman, (7) voting yea; nays, none. So the Ordinance was passed.

ORDINANCE NO. 177 - 2007                 AUTHORIZATION CONTRACT WITH PERRY CORPORATION RELATIVE TO COPIER MAINTENANCE SERVICES FOR THE DIVISION OF INSPECTION OF THE DEPARTMENT OF PUBLIC SAFETY OF THE CITY OF MAUMEE, OHIO, 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, Pauken 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, Pauken and Zimmerman, (7) voting yea; nays, none. So the Ordinance was passed.

ORDINANCE NO. 178 - 2007                 APPROVING 2008 ANNUAL BUSINESS PLAN FOR THE MAUMEE INDOOR THEATER OF THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.
The Clerk read the Ordinance by title only.
Mr. PAUKEN moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none.
Mr. PAUKEN moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none. So the Ordinance was passed.

ORDINANCE NO. 179 - 2007                 AUTHORIZING PURCHASE OF REPLACEMENT DRIVE FOR TURNPIKE PUMPING STATION IN THE CITY OF MAUMEE, OIHO, 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, Pauken 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, Pauken and Zimmerman, (7) voting yea; nays, none. So the Ordinance was passed.

ORDINANCE NO. 180 - 2007                 AUTHORIZING ADDITIONAL CHANGE ORDER NO. ELEVEN TO CONTRACT FOR CONSTRUCTION OF THE PUBLIC INFRASTRUCTURE FOR THE SHOPS AT FALLEN TIMBERS IN 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: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken 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, Pauken and Zimmerman, (7) voting yea; nays, none. So the Ordinance was passed.

RESOLUTION NO. 181 - 2007                 DECLARING IT NECESSARY TO IMPROVE CERTAIN STREETS, ALLEYS AND PUBLIC EASEMENTS BETWEEN CERTAIN POINTS IN AN AREA DESCRIBED AS THE CRYSTAL AVENUE DISTRICT PHASE THREE AREA THREE IN THE CITY OF MAUMEE, OHIO, BY CONSTRUCTING STORM SEWERS WITH THE NECESSARY APPURTENANCES, ORDERING PREPARATION OF ESTIMATED ASSESSMENTS, AND DECLARING AN EMERGENCY.
The Clerk read the Resolution by title only.
Mr. COYLE moved the resolution be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken 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, Pauken and Zimmerman, (7) voting yea; nays, none. So the Resolution was passed.

ORDINANCE NO. 182 - 2007                 APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS PURPOSES.
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, Pauken and Zimmerman, (7) voting yea; nays, none. So the Ordinance was passed.

Mr. CARR moved to adjourn to executive session to discuss a collective bargaining issue. Roll call: All members present voting yea, the Chair declared the motion carried.

When Council returned to regular session, Mr. CARR moved to adjourn until 7:30 p.m., Monday, December 17, 2007. Motion carried v.v.

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7:30 p.m. Monday, December 17, 2007

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

Mr. CARR moved to suspend reading the minutes of the December 3, 2007 regular meeting and approve the Minutes Journal. Roll call: All members present voting yea, the Chair declared the motion carried.

Mayor Wagener presented Holiday Light Parade awards.

The Mayor requested Council designate its representatives on the Volunteer Firefighters' Dependent Fund Board for 2008, as required by Section 146 of the Ohio Revised Code.
Mr. BRAINARD nominated Richard Carr and Jenny Barlos to serve as Council's representatives on the Volunteer Firefighters' Dependent Fund Board. Roll call: All members present voting yea, the Chair declared the motion carried.

A notice from the Ohio Division of Liquor Control of the application by Lawrence Schultz, 1566 Reynolds Road, for transfer of the holder of the permit was presented. There were no objections from the Police Division.
Mr. ZIMMERMAN moved to place the application on file. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Finance Director requesting authorization to request advances of real estate tax collected by the Lucas County Treasurer in 2008 was read. He stated that in order to initiate payments of property taxes from the Lucas County Auditor in 2008 as real estate taxes are collected, a formal request must be made.
Mrs. BARLOS moved the necessary legislation be prepared to authorize a request for advances of real estate tax collections, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Chief Probation Officer making an annual report of the Probation Services Fund was read.
Mr. CARR moved to place the annual report of the Probation Services Fund on file. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Finance Director presenting the Fiscal Officer's Certificates for notes to be issued in January, 2008, was read. He stated that these notes are for three construction projects - Phase One Fallen Timbers Improvements, Phase Three Area Two Storm Sewer Improvements, and Phase Three Area Three Storm Sewer Improvements.
Mr. PAUKEN moved to place the Fiscal Officer's Certificates on file. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Fire Chief requesting authorization of a mutual aid agreement with the Ohio Air National Guard was read. He stated that this agreement would provide the City with the benefit of additional specialized firefighting equipment.
Mr. BRAINARD moved the necessary legislation be prepared authorizing a mutual aid agreement with the 180th Fire Department of the Ohio Air National Guard. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Fire Chief requesting adoption of the 2007 International Fire Code into the City Codified Ordinances was read. He stated that adoption of the Ohio Fire Code 2007 by reference in the City's Fire Prevention Code would keep the City's regulations in synch with the State Fire Marshal's rules and the International Building Codes used by the Department of Building and Zoning. The Law Director added that related sections of the code would also need amendment to maintain internal consistencies.
Mrs. BARLOS moved the necessary legislation be prepared authorizing adoption of the 2007 International Fire Code. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Administrator recommending approval of a Job Creation Grant to Westhaven Services Company/Omnicare for relocating to 571 Longbow Drive was read. He stated that the company proposes to locate a portion of its operations at 571 Longbow Drive and that, within one year of commencement, the company will add 125 full-time employees with an annualized estimated payroll of $4,200,000. He recommended that a Job Creation and Retention Grant be awarded to Westhaven Services Company/Omnicare, in an amount of up to $20,000 annually each of the next ten (10) years.
Mr. CARR moved the necessary legislation be prepared to approve a Job Creation and Retention Grant with Westhaven Services Company/Omnicare, in an amount of up to $20,000 annually for up to ten (10) years, as recommended. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting authorization to purchase records storage cabinets for the Service Department was read. He requested approval to purchase ten feet of upper and base cabinets from James Parritt and Associates in the amount of $2,000. He also requested authorization to purchase a flat plan cabinet and a plan review table with base from SeaGate Interiors in the amount of $1,603. He stated that these two purchases would be under the amount approved in the capital budget.
Mr. COYLE moved the necessary legislation be prepared to authorize a purchase agreement with James Parrit and Associates in the amount of $2,000; and with SeaGate Interiors in the amount of $1,603 for file cabinets and table. Roll call: All members present voting yea, the Chair declared the motion carried.
Mr. Carr requested consideration of the request be deferred to a future meeting. Mr. COYLE withdrew his motion.
Mr. COYLE moved to table the request until the next Council meeting. Roll call: All members present voting yea, the Chair declared the motion carried.

Letters from the Administrator and the Judge of the Municipal Court regarding Victim's Advocate Program were read. They stated that a grant is available to fund a portion of the cost of a victim's advocate program through the Lucas County Prosecutor's Office. The Administrator stated that Waterville and Whitehouse have agreed to contribute $5,000 each. The Judge requested the City approve a contribution of $15,000 (2006 - $6,345) for the program year ending October 31, 2008.
Mr. ZIMMERMAN moved the necessary legislation be prepared authorizing Administration to fund $15,000 for the Victim's Advocate Program. Roll call: All members present voting yea, the Chair declared the motion carried.

A tabulation of bids received by the Service Director for the purchase of a portable generator for storm sewer pump stations was read. The Service Director recommended the bid of Howard T. Moriarty in the amount of $47,382, which is below the amount requested in the budget.
Mr. PAUKEN moved to declare the bid of Howard T. Moriarty the lowest and best and the necessary legislation be prepared to authorize a contract with Howard T. Moriarty in the amount of $47,382 for a portable standby generator. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Administrator requesting authorization to renew the Public Defender Agreement for the Maumee Municipal Court was read. He stated that the 2008 cost is $27,050 (2007 - $28,000) and that the Villages of Whitehouse and Waterville will each pay the City the sum of $2,520 (same as 2007).
Mrs. BARLOS moved the necessary legislation be prepared to authorize a Public Defender Agreement for the Municipal Court in the amount of $27,050 and to authorize sub-agreements with the Villages of Whitehouse and Waterville. 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 software, hardware and Facilities Management Services with was read. He stated that the total of $117,039 is an increase of $3,488 from 2006 and includes a $7,000 reduction in the cost of Facilities Management Services due to credits from 2007.
Mr. BRAINARD moved the necessary legislation be prepared to authorize contracts with Creative Microsystems, Inc., in the amount of $117,039 for hardware and software support and for Facilities Management Services for 2008. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting an amendment of the engineering contract for the Industrial Park Pump Station Improvements was read. He stated that these engineering services are needed to respond to questions regarding the electrical and telemetry portion of the design.
Mr. COYLE moved the necessary legislation be prepared to approve a contract amendment with Feller Finch and Associates in an amount up to $3,000 for bidding/construction phase technical support for the Industrial Park Pump Station Improvement Project. 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 heard a brief presentation by Westhaven Services Company/Omnicare regarding its application for a Job Creation and Retention Grant; discussed item from the Finance and Court Committees concerning request for funding for the Victim's Advocate Program; discussed a request by Mr. Coyle to consider regulations for distribution of non-mailed materials intended for residents; adjourned to Executive Session for discussion of a collective bargaining issue; and discussed items on the agenda.

Mr. Zimmerman read the following report of the joint meeting of the Finance & Economic Development Committee and Personnel Committee:

Joint Meeting of the Finance & Economic Development Committee and Personnel Committee

                On December 12, 2007, the Finance and Personnel Committees met for the purpose of addressing the proposed changes to the additional position in the Tax Division of the Finance Department. Present from the committees were Jenny Barlos and Doug Brainard from both the Personnel and Finance committees, and Todd Zimmerman of the Finance Committee. Also present from the administration was Sheilah McAdams, John Jezak, Dave Hazard, Linda Wilker and Mike Rizzo.
                The issue to be addressed was whether to add the position of "Tax Specialist" as described in the attached job description. The Tax Specialist would essentially perform the functions of the Tax Clerk and additional tax and accounting-related functions, requiring a higher level of education and specialized training in the accounting/tax area. As such, it is proposed that among other requirements, a two-year degree would be required. Discussion was held on this requirement to determine if it was too high a requirement or too low a requirement for the education component. The Finance Department, including the Tax Commissioner, felt that the two-year degree requirement was appropriate given the level of additional job responsibilities the position entails. Additional discussion was held requesting that the Finance Department outline the functions that this position would perform versus what the prior tax bookkeeper/clerk performed. It appeared that there were sufficient additional duties to justify the addition of the Tax Specialist.
                In adding the position of Tax Specialist, the Finance Department will be foregoing filling either of the tax clerk/bookkeeper positions at this time.
                Thus, it is the unanimous recommendation of those present on both committees that the position of Tax Specialist be added and the wage scale would be consistent with the scale set forth in Dave Hazard's November 30, 2007 correspondence to Council.
Respectfully submitted,
Todd M. Zimmerman, Chair Finance
Douglas Brainard, Chair Personnel, Member Finance
Jenny Barlos, Member Finance, Member Personnel
Brent Buehrer, Member Personnel (Absent)

Mr. ZIMMERMAN moved the necessary legislation be prepared to amend the Maumee Codified Ordinances relative to the creation of this position of Tax Specialist in the Division of Taxation; amend Ordinance 8-2007 governing the wages and benefits of Administrative Support Personnel; amend Ordinance 235-2006 to add the position of Tax Specialist to the Schedule of Permanent Positions; and to authorize administration to advertise for the position of Tax Specialist. Roll call: All members present voting yea, the Chair declared the motion carried.
Mr. ZIMMERMAN moved to refer the matter of temporarily filling an additional Administrative Assistant position in the Tax Division for which legislation was ordered on November 19, 2007, to the Finance Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Coyle requested the matter of regulation of distribution of non-mailed materials be referred to the Code Committee.
Mr. COYLE moved to allow Mr. Zimmerman to abstain due to a conflict of interest. Roll call: All members present voting yea, the Chair declared the motion carried.
Mr. COYLE moved to refer the matter of regulation of distribution of non-mailed materials to the Code Committee. Roll call: Barlos, Brainard, Carr, Coyle and Pauken (5) voting yea; Zimmerman (1) abstaining; the Chair declared the motion carried by a vote of 5-0.

Legislation was considered at this time.

ORDINANCE NO. 183 - 2007                 AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF NOTES IN AN AGGREGATE PRINCIPAL AMOUNT OF $4,706,300, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO PAY COSTS OF CONSTRUCTING PHASE ONE OF FALLEN TIMBERS CAPITAL IMPROVEMENTS, INCLUDING THE IMPROVEMENT OF FALLEN TIMBERS LANE, RUSSELL ROAD, ANTHONY WAYNE TRAIL, JEROME ROAD AND MONCLOVA ROAD, TOGETHER WITH ALL NECESSARY STORM WATER, SANITARY AND WATER LINES AND FACILITIES, INTERSECTIONS, TRAFFIC SIGNALIZATION AND OTHER APPURTENANCES, 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, Carr, Coyle, Pauken and Zimmerman, (6) voting yea; nays, none.
Mr. COYLE moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Carr, Coyle, Pauken and Zimmerman, (6) voting yea; nays, none. So the Ordinance was passed.

ORDINANCE NO. 184 - 2007                 AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF NOTES IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $2,643,000, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO PAY THE CITY'S PORTION AND IN ANTICIPATION OF THE LEVY AND COLLECTION OF SPECIAL ASSESSMENTS, THE PROPERTY OWNERS' PORTION OF THE COSTS OF IMPROVING CERTAIN STREETS BY CONSTRUCTING STORM SEWERS AND APPURTENANCES, 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, Carr, Coyle, Pauken and Zimmerman, (6) voting yea; nays, none.
Mr. BRAINARD moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Carr, Coyle, Pauken and Zimmerman, (6) voting yea; nays, none. So the Ordinance was passed.

ORDINANCE NO. 185 - 2007                 AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF NOTES IN AN AGGREGATE PRINCIPAL AMOUNT OF $2,407,000, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO PAY THE CITY'S PORTION, AND IN ANTICIPATION OF THE LEVY AND COLLECTION OF SPECIAL ASSESSMENTS, THE PROPERTY OWNERS' PORTION OF THE COSTS OF IMPROVING CERTAIN STREETS BY CONSTRUCTING STORM SEWERS AND APPURTENANCES, 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, Carr, Coyle, Pauken and Zimmerman, (6) voting yea; nays, none.
Mrs. BARLOS moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Carr, Coyle, Pauken and Zimmerman, (6) voting yea; nays, none. So the Ordinance was passed.

ORDINANCE NO. 186 - 2007                 AUTHORIZING THE EXECUTION OF MUTUAL AID AGREEMENT WITH OHIO AIR NATIONAL GUARD TO PROVIDE FIRE PROTECTION AND HAZARDOUS MATERIALS INCIDENT RESPONSE IN CERTAIN SITUATIONS, 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, Carr, Coyle, Pauken and Zimmerman, (6) voting yea; nays, none.
Mr. CARR moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Carr, Coyle, Pauken and Zimmerman, (6) voting yea; nays, none. So the Ordinance was passed.

ORDINANCE NO. 187 - 2007                 AMENDING THE MAUMEE REVISED CODE RELATIVE TO FIRE PREVENTION, REPEALING CERTAIN SECTIONS, AND DECLARING AN EMERGENCY.
The Clerk read the Ordinance by title only.
Mr. PAUKEN moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Carr, Coyle, Pauken and Zimmerman, (6) voting yea; nays, none.
Mr. PAUKEN moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Carr, Coyle, Pauken and Zimmerman, (6) voting yea; nays, none. So the Ordinance was passed.

ORDINANCE NO. 188 - 2007                 AUTHORIZING AWARD OF JOB CREATION AND RETENTION PROGRAM GRANT TO WESTHAVEN SERVICES CO., LLC/OMNICARE, INC., 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, Carr, Coyle, Pauken and Zimmerman, (6) voting yea; nays, none.
Mr. ZIMMERMAN moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Carr, Coyle, Pauken and Zimmerman, (6) voting yea; nays, none. So the Ordinance was passed.

ORDINANCE NO. 189 - 2007                 AUTHORIZING EXECUTION OF AGREEMENT WITH THE LUCAS COUNTY BOARD OF COMMISSIONERS RELATIVE TO PARTICIPATION IN TOLEDO/LUCAS COUNTY VICTIM-WITNESS ASSISTANCE PROGRAM BY THE CITY OF MAUMEE, 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, Carr, Coyle, Pauken and Zimmerman, (6) voting yea; nays, none.
Mr. COYLE moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Carr, Coyle, Pauken and Zimmerman, (6) voting yea; nays, none. So the Ordinance was passed.

ORDINANCE NO. 190 - 2007                 ACCEPTING BID AND AUTHORIZING PURCHASE OF PORTABLE STANDBY GENERATOR FOR THE DEPARTMENT OF PUBLIC SERVICE, 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, Carr, Coyle, Pauken and Zimmerman, (6) voting yea; nays, none.
Mr. BRAINARD moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Carr, Coyle, Pauken and Zimmerman, (6) voting yea; nays, none. So the Ordinance was passed.

ORDINANCE NO. 191 - 2007                 AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF MAUMEE AND LUCAS COUNTY PUBLIC DEFENDER COMMISSION RELATIVE TO FURNISHING OF COUNSEL FOR INDIGENT DEFENDANTS IN THE MAUMEE MUNICIPAL COURT, 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, Carr, Coyle, Pauken and Zimmerman, (6) voting yea; nays, none.
Mr. ZIMMERMAN moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Carr, Coyle, Pauken and Zimmerman, (6) voting yea; nays, none. So the Ordinance was passed.

ORDINANCE NO. 192 - 2007                 AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF MAUMEE AND VILLAGE OF WHITEHOUSE RELATIVE TO FURNISHING OF COUNSEL FOR INDIGENT DEFENDANTS IN THE MAUMEE MUNICIPAL COURT, 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, Carr, Coyle, Pauken and Zimmerman, (6) voting yea; nays, none.
Mr. CARR moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Carr, Coyle, Pauken and Zimmerman, (6) voting yea; nays, none. So the Ordinance was passed.

ORDINANCE NO. 193 - 2007                 AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF MAUMEE AND VILLAGE OF WATERVILLE RELATIVE TO FURNISHING OF COUNSEL FOR INDIGENT DEFENDANTS IN THE MAUMEE MUNICIPAL COURT, AND DECLARING AN EMERGENCY.
The Clerk read the Ordinance by title only.
Mr. PAUKEN moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Carr, Coyle, Pauken and Zimmerman, (6) voting yea; nays, none.
Mr. PAUKEN moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Carr, Coyle, Pauken and Zimmerman, (6) voting yea; nays, none. So the Ordinance was passed.

ORDINANCE NO. 194 - 2007                 AUTHORIZING CONTRACT WITH CREATIVE MICROSYSTEMS, INC., RELATIVE TO SOFTWARE, HARDWARE, AND FACILITIES MANAGEMENT SERVICES 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: Barlos, Brainard, Carr, Coyle, Pauken and Zimmerman, (6) voting yea; nays, none.
Mr. ZIMMERMAN moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Carr, Coyle, Pauken and Zimmerman, (6) voting yea; nays, none. So the Ordinance was passed.

ORDINANCE NO. 195 - 2007                 AUTHORIZING AMENDMENT TO AGREEMENT WITH FELLER, FINCH, AND ASSOCIATES, RELATIVE TO TECHNICAL SUPPORT FOR BID AND CONSTRUCTION PHASES FOR IMPROVEMENTS TO THE INDUSTRIAL PARK PUMP STATION, 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, Carr, Coyle, Pauken and Zimmerman, (6) voting yea; nays, none.
Mr. COYLE moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Carr, Coyle, Pauken and Zimmerman, (6) voting yea; nays, none. So the Ordinance was passed.

ORDINANCE NO. 196 - 2007                 AMENDING THE MAUMEE REVISED CODE RELATIVE TO DIVISION OF TAXATION, 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, Carr, Coyle, Pauken and Zimmerman, (6) voting yea; nays, none.
Mr. BRAINARD moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Carr, Coyle, Pauken and Zimmerman, (6) voting yea; nays, none. So the Ordinance was passed.

ORDINANCE NO. 197 - 2007                 AMENDING THE SCHEDULE OF PERMANENT POSITIONS OF THE CITY OF MAUMEE, REPEALING ORDINANCE 235-2006, 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, Carr, Coyle, Pauken and Zimmerman, (6) voting yea; nays, none.
Mrs. BARLOS moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Carr, Coyle, Pauken and Zimmerman, (6) voting yea; nays, none. So the Ordinance was passed.

ORDINANCE NO. 198 - 2007                 AMENDING ORDINANCE 8-2007, ESTABLISHING SALARIES AND COMPENSATION OF ADMINISTRATIVE SUPPORT EMPLOYEES OF THE CITY OF MAUMEE, REPEALING CERTAIN ORDINANCE, 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, Carr, Coyle, Pauken and Zimmerman, (6) voting yea; nays, none.
Mr. CARR moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Carr, Coyle, Pauken and Zimmerman, (6) voting yea; nays, none. So the Ordinance was passed.

ORDINANCE NO. 199 - 2007                 APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS PURPOSES.
The Clerk read the Ordinance by title only.
Mr. PAUKEN moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Carr, Coyle, Pauken and Zimmerman, (6) voting yea; nays, none. So the Ordinance was passed.

Mr. CARR moved to go into executive session to discuss sale of real estate. Roll call: All members present voting yea, the Chair declared the motion carried.

When Council returned to regular session, Mr. CARR moved to adjourn until 7:30 p.m., Monday, January 7, 2008. Motion carried v.v.

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7:30 p.m. Friday, December 28, 2007

The Council of the City of Maumee, Ohio, met in special session in Council Chambers at the above time and date with the following members present: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman (7).
Council President Richard Carr presided in the absence of the Mayor.

The Finance Director presented proposed ordinances stating that they make adjustments to appropriations and transfers needed before the end of the year and provide temporary spending authority for the first quarter of 2008. He requested amendment of the 2007 budget and consideration of adjusting appropriations and transfers ordinance.
Mr. BUEHRER moved that legislation be prepared to amend the 2007 budget and to approve legislation to appropriate and transfer funds as requested. Roll call: All members present voting yea, the Chair declared the motion carried.
Mr. BUEHRER moved later to rescind and amend his motion and to order legislation be prepared to amend the 2007 budget and to appropriate and transfer funds as requested. Roll call: All members present voting yea, the Chair declared the motion carried

The Finance Director requested establishment of temporary appropriations for 2008 operations.
Mr. ZIMMERMAN moved that legislation be prepared to establish temporary appropriations for 2008, as requested. Roll call: All members present voting yea, the Chair declared the motion carried

A request by the Service Director regarding authorization to purchase cabinets, tabled at the previous meeting, was discussed.
Mr. Carr clarified his concerns from the previous meeting and stated that the Service Director assured that no payments would be made until all the work has been completed. He further recommended approval of the request.
Mr. PAUKEN moved that legislation be prepared to authorize a contract with James Parritt and Associates in an amount not to exceed $2,000 for cabinets for the Service Department, as requested. Roll call: All members present voting yea, the Chair declared the motion carried
Mr. COYLE moved the necessary legislation be prepared to authorize a contract with SeaGate Interiors in an amount not to exceed $1,603 for purchase of a flat file cabinet and plan review table for the Service Department, as requested. Roll call: All members present voting yea, the Chair declared the motion carried

Legislation was considered at this time.

RESOLUTION NO. 200 - 2007                 REQUESTING THE AUDITOR OF LUCAS COUNTY, OHIO, FOR ADVANCE PAYMENTS OF THE 2008 COLLECTION OF TAXES DUE THE CITY OF MAUMEE, OHIO.
The Clerk read the Resolution by title only.
Mr. BUEHRER moved the resolution be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman (7) voting yea; nays none. So the Resolution was passed.

ORDINANCE NO. 201 - 2007                 AMENDING ORDINANCE 49-2007 AS AMENDED RELATIVE TO 2007 APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES.
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, Pauken and Zimmerman (7) voting yea; nays none. So the Ordinance was passed.

ORDINANCE NO. 202 - 2007 APPROPRIATING FUNDS FOR CURRENT EXPENSES OF THE CITY OF MAUMEE, OHIO, FOR THE FIRST QUARTER OF FISCAL YEAR 2008.
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, Pauken and Zimmerman (7) voting yea; nays none. So the Ordinance was passed.

ORDINANCE NO. 203 - 2007                 AUTHORIZING CONTRACT FOR PURCHASE OF FLAT PLAN FILE CABINET AND PLAN REVIEW TABLE FOR DEPARTMENT OF PUBLIC SERVICE OF 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, Pauken 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, Pauken and Zimmerman (7) voting yea; nays none. So the Ordinance was passed.

ORDINANCE NO. 204 - 2007             AUTHORIZING CONTRACT FOR PURCHASE AND INSTALLATION OF STORAGE CABINETS FOR DEPARTMENT OF PUBLIC SERVICE OF THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.
The Clerk read the Ordinance by title only.
Mr. PAUKEN moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman (7) voting yea; nays none.
Mr. PAUKEN moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman (7) voting yea; nays none. So the Ordinance was passed.

Mrs. BARLOS moved to adjourn until 6:00 p.m., Monday, January 7, 2008. Motion carried v.v.