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Maumee City Council
January 5, 2004 Minutes and
January 20, 2004 Minutes

8:00 P.M. Monday, January 5, 2004

The Council of the City of Maumee, Ohio, met on the above date and time with the following members present: Jenny L. Barlos, Douglas J. Brainard, Brent A. Buehrer, Richard H. Carr, Michael J. Coyle, Thomas W. Shook and Todd M. Zimmerman (7). Mayor Timothy L. Wagener presiding.

Oaths of office were administered to Mayor Wagener and Members of Council Barlos, Brainard and Zimmerman by Judge Gary J. Byers.

The Mayor asked for nominations for President of Council. Mr. Carr nominated Mr. Shook. Mrs. Barlos nominated Mr. Brainard.

Mr. ZIMMERMAN moved the nominations be closed. Roll call: All members present voting yea, the Chair declared the motion carried. The Mayor asked each Councilman to vote by naming his or her choice for Council President. Roll call: Buehrer, Carr, Shook and Zimmerman (4) voting for Mr. Shook; Barlos, Brainard and Coyle (3) voting for Brainard. The Chair declared Mr. Shook elected President of Council.

Mr. CARR moved to suspend Council Rules and to adopt the seating arrangement as members were then seated. Roll call: Barlos, Brainard, Carr, Coyle, Shook and Zimmerman (6) voting yea; Buehrer (1) voting nay. The Chair declared the motion carried by a 6-1 vote.

A letter from the Mayor designating the following Council Committee assignments for the 2004-2005 term was presented:

Committee Chairman Members

Building & Lands                                   Buehrer                                  Shook, Coyle
            Code                                                    Barlos                                    Zimmerman, Carr
            Environment                                         Brainard                                  Barlos, Carr
            Finance & Economic Development       Zimmerman                              Buehrer, Barlos
            Insurance                                             Buehrer                                   Brainard, Zimmerman
            Land Use & Zoning                           Zimmerman                              Shook, Carr
            Municipal Court                                  Carr                                         Zimmerman, Coyle
            Parks & Recreation                             Brainard                                  Zimmerman, Buehrer
            Public Information                               Coyle                                       Brainard, Buehrer
            Public Utilities                                      Brainard                                   Barlos, Coyle
            Safety                                                 Carr                                         Shook, Brainard
            Streets                                               Barlos                                     Coyle, Shook
            Water & Sewer                                 Coyle                                       Barlos, Carr

Mr. SHOOK moved the committee assignments be approved. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. SHOOK moved to suspend reading the minutes of the December 15 and December 30, 2003, meetings and approve the Minutes Journal. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. SHOOK moved to table the Service Director’s letter requesting authorization of an easement for a waterline until the next regular meeting of Council. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Municipal Planning Commission recommending approval of a new chapter for the Zoning Code, “Fallen Timbers Overlay District” and amendment of the zoning map was read. He stated the Commissioner made its recommendation after holding a public hearing on December 22, 2003. Mr. BRAINARD moved the necessary legislation be prepared to authorize amendment of the Zoning Code by adopting the proposed Fallen Timbers Overlay District and to change the zoning map by designating the subject parcels as “Fallen Timbers Overlay District”. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Lucas County Budget Director proposing a contract renewal for the Work Release Program was read. He stated the cost for 2004 will be $46.25 per day, increase of $6.00 per day, and that all cases assigned by the Maumee Municipal Court would be billed to the City. Mr. COYLE moved Mrs. Barlos 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. COYLE moved the necessary legislation be prepared to authorize a contract with the Lucas County Board of Commissioners for the Work Release Program, as requested. Roll call: Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (6) voting yea; nays none; Barlos (1) abstaining. The Chair declared the motion carried by a 6-0 vote.

A letter from the Mayor appointing Daniel Williams, Wilderness Drive, to Firefighter II 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 Maumee Uptown Business Association requesting approval of plans for 2004 Summer Fair activities was read. Michael and Karen Dibling stated the dates proposed for the Summer Fair are Friday, August 20, and Saturday, August 21, 2004. They proposed Parking Lot Party hours of 5-11 p.m. on Friday and 4-11 p.m. on Saturday. Mr. ZIMMERMAN moved the plans for the 2004 Summer Fair be approved, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Finance Director requesting amendment of Ordinance 245-2003 authorizing a contract for group term life insurance for a change in company name was read. He stated the life insurance program approved by Ordinance 245-2003 was provided through Union Central Life Insurance Company which was taken over by American United Life Insurance Company, Indianapolis, Indiana. Mr. SHOOK moved the necessary legislation be prepared to authorize a contract for group term life insurance with American United Life Insurance Company, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Fire Chief requesting authorization of a contract to provide supplemental accident insurance for volunteer firefighters was read. He stated the 2004 contract is with Allen & Hartzell, Inc., in the amount of $5,242 ($4,558 in 2003 and $3,376 in 2002). Mr. BRAINARD moved the necessary legislation be prepared to authorize a contract with Allen & Hartzell, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Chief of EMS requesting authorization of an agreement with Oregon City Schools to facilitate a “ride along” program was read. He stated the agreement would allow students in the Oregon Emergency Medical Technology program to ride along with Maumee EMT. Mr. SHOOK moved the necessary legislation be prepared to authorize an agreement with Oregon City Schools to facilitate a “ride along” program, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Chief of Police and Fire requesting approval of the conceptual plan for a fire/police training facility and authorization to proceed with design was read. Mr. SHOOK moved the matter be referred to the Finance Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Commissioner of Public Service requesting authority to advertise for bids for the 2004 tree planting program was read. He stated this year’s program includes 203 trees with an estimated cost of $36,500. Mrs. BARLOS, moved the Service Department be authorized to advertise for bids for the 2004 tree planting program, 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 to install a “signal ahead” warning on Monclova Road at the Anthony Wayne Trail (US24) was read. He stated Pierce Electric, Inc., has proposed a contract in the amount of $5,787 to install a “signal ahead” sign with flashing beacon on the Monclova Road approach to the Anthony Wayne Trail, as recommended by the Safety Committee. Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize a contract with Pierce Electric, Inc., as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Police Chief requesting authorization of an expenditure for public service ads produced by Buckeye Cable System was read. He stated the drug prevention advertising campaign will feature public service announcements by employees of involved Lucas County agencies and will be run throughout the year with Maumee’s share being $5,000. Mr. BUEHRER moved the necessary legislation be prepared to authorize appropriation of $5,000 for public service ads, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A tabulation of bids received by the Chief of Police for the purchase of portable radios was read. He stated two bids were received and he recommends the bid of Bender Communications, Inc. of Toledo, for the purchase of twenty MTS 2000 I portable radios, in the amount of $58,400 ($50,980 after trade-in of twenty Motorola Saber radios). Mr. COYLE moved the bid of Bender Communications, Inc., be declared the lowest and best and the necessary legislation be prepared to authorize a contract in the net amount of $50,980, as recommended. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Clerk of Court requesting authorization of an agreement with Lucas County Commissioners for the Suburban Courts’ Services Program was read. She stated Maumee’s share for the grant period of October 1, 2003 to September 30, 2004, is $38,795.14 and will come from the Court’s General Special Projects Fund. Mr. SHOOK moved Mrs. Barlos 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 necessary legislation be prepared to authorize an agreement with Lucas County Commissioners for Suburban Courts’ Service Program, as requested. Roll call: Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (6) voting yea; nays none; Barlos (1) abstaining. The Chair declared the motion carried by a 6-0 vote.

A letter from the Finance Director requesting legislation making temporary appropriations for 2004 and requesting advances on real estate taxes was read. He stated that, in order to operate in the new year before a complete budget is finalized, Council must authorize expenditures for current expenses. Mr. SHOOK moved the necessary legislation be prepared to authorize temporary appropriations for the first quarter of 2004 and to request advances of real estate tax collections from Lucas County, 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 systems software, hardware, and facilities management was read. He stated the contract renewals are with Sanderson CMI in the amount of $133,698 and include application software support, facilities management service and hardware maintenance. Mrs. BARLOS moved the necessary legislation be prepared to authorize contracts with Sanderson CMI in the amount of $133,698, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Administrator requesting approval of a donation to the Safety Council of Northwest Ohio for 2004 was read. He stated the 2003 donation amount was $1,500 and he recommends the same amount for 2004. Mr. BRAINARD moved the necessary legislation be prepared to authorize a donation of $1,500 to the Safety Council of Northwest Ohio, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Administrator requesting a cash advance to the Monclova-Toledo-Maumee (MTM) Joint Economic Development Zone (JEDZ) Board of Directors for administrative costs was read. He stated that, at the first meeting of the MTM JEDZ Board of Directors, many organizational issues were decided and it was determined that start-up funds would be required until income tax revenues are received. He said each member community agreed to request an advance to the JEDZ for this purpose until income tax money is available. He stated his request is in the amount of $5,000. Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize an advance of $5,000 to the JEDZ Board of Directors, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Carr read the following report from the Court Committee:

Municipal Court Committee

The Court Committee of Maumee City Council met on two occasions relative to the need of additional space for the Court. Present at the meetings were Carr, Coyle and Zimmerman of the Committee, Prosecutors Arnsby and Runner, Judge Byers, and Clerk of Courts Sharon Thomasson.

The Court explained that there is not sufficient space to separate alleged defendants and alleged victims which presents serious problems. The Court feels that there is not sufficient space to separate alleged defendants and alleged victims which presents serious problems. The Court feels that adding additional space between the existing Maumee Municipal building corridor and the existing police station for the prosecutor’s office would address that issue as well as the need for additional office space created by the employment of a second Prosecutor. The increase in staff of the prosecutor’s office resulted in both issues as the room previously used for alleged victims is now a make-shift office for the second prosecutor.

The Committee recognizes the need for additional space, and acknowledges the urgency for the same. However, the Committee is concerned with the long-term space issues of the Court facility as our community continues to grow through increased commercial and retail development.

The Committee unanimously recommends that the Administration be authorized to seek proposals for a need study for the Maumee Municipal Court and report back its finding to the Court Committee.

            Respectfully submitted,
    Richard H. Carr, Chair
    Michael Coyle
    Todd Zimmerman

Mr. CARR moved the report be approved 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

The Safety Committee of Maumee City Council met on three separate occasions to review Fire Alarm Control Panel Identification, Fire Safety Inspector Attendance at public events, and Suspension/Revocation of Fire Safety Permits. Members of the Committee Brainard, Carr and Shook were present at all meetings as were Fire Chief Monto and Fire Prevention Chief Wambo.

After significant discussion, the Committee unanimously made three recommendations which were forwarded to Law Director McAdams for purposes drafting the appropriate amendments to Chapter 1501 of the Maumee Revised Code.

These recommendations are as follows:

1. The owner or occupant of all buildings in the City of Maumee shall be required to install at each main fire alarm control panel and each remote fire annunciator panel location, a card stating the exact location of all fire protection system devices being monitored by the fire system.

2. The Fire Chief, Chief of the Fire Prevention Bureau, or an authorized designee may require the attendance of a certified fire safety inspector at any public assembly or gathering if there is: A) the presence of combustible or flammable materials on the premises which present a risk of harm; or B) the nature of the assembly or gathering creates an elevated risk of exceeding the maximum allowable occupancy permitted by the Maumee Revised Code; or C) dangerous conditions exist on the premises which may cause or contribute to the spread of fire; or D) fireworks or pyrotechnical displays are being presented. A fee shall be charged only if both of the following requirements exist: 1) the event is presented by a for profit entity; and 2) the event or gathering charges an entry fee or is for the purpose of the retail sale of goods or merchandise.

3. Suspension or Revocation of Fire Safety permits. When the holder of a fire safety permit has received a notice of violation of the fire safety code and fails or refuses to correct the same, a suspension or revocation of the permit shall be served on the holder. The suspension or revocation may be appealed to the Board of Appeals on Fire Prevention as set forth in Section 1501.13 of our Code.

The entire ordinance is attached hereto and made part hereof.

Respectfully submitted,
                 Richard H. Carr, Chair
                 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.

The Finance Director stated he is preparing a proposal for providing income tax collection services to the MTM JEDZ. Mr. SHOOK moved the Finance Director be allowed to submit a proposal for tax collection for the MTM JEDZ. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. CARR moved the issue of Maumee Little League finances be referred to the Finance Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. SHOOK stated certain procedures have been under review which concern the flow of information to council members and he proposed the following:

Recommended Procedural Changes

1. Staff meetings will be moved to 3:30 p.m. on the Wednesday prior to the Council meeting.

2. Any member of the administration, who regularly attends staff meetings, should email and or/communicate any issues/updates of importance to the Administrator by noon on the Wednesday of the staff meeting for inclusion on the Staff Discussion Agenda.

3. When agenda items are submitted, a short explanation of the rationale for the request and information on previous year’s expenditures should be included within the body of the request.

4. When Council members report on committee activity, clearer language and adherence to the Rules of Council (Rule 25) should be followed.

5. Proclamations will be listed on the agenda under “Communications” before the lettered agenda items.

6. When setting a committee meeting, Council members should verify dates/times with the administrative staff members who may need to be present as well as the other committee members.

7. To avoid miscommunication, please refer questions/comments to the appropriate Director, Assistant Director or Commissioner (or leave message with secretarial personnel).

8. Refer to Changes to “Rules of Council”.

Recommended Changes to “Rules of Council”

Rule 1: Regular meetings of Council shall be held in the Council Chambers at 7:30 ~~8:00~~ p.m. on the first and third Monday of each month.~~, provided that regular meetings shall be held at 8:00 p.m. on the first Monday only during the months of June, July and August.~~ Regular meetings shall be held in the Council Chambers on Tuesdays at 7:30 ~~8:00~~ p.m. whenever the date of a regular meeting falls on a legal holiday. Council may, by majority vote, change the day and hour of holding any regular meeting, or adjourn the same to a day and hour determined by a like vote of the members present if constituting a quorum. (Change meeting times to 7:00 p.m. for Committee of the Whole and 7:30 p.m. for regular Council meetings to allow an earlier end for most meetings. Make two regular Council meetings mandatory for the summer months since the City’s workload has increased.)

Rule 17 (C): Reports and communications from the Mayor, Clerk and other city officials, having been filed with the Clerk no ot later than 5:00 ~~4:00~~ p.m. on the second municipal working day ~~next~~ preceding the meeting day. (This will give the Council, Mayor and administration more time review and digest information as well as alleviate problems with the preparation and distribution of correspondence/documents during vacation periods.)

Rule 17 (H): Hearing of the public, provided that no person shall be allowed to speak more than once on any subject, nor for a time longer than three ~~five~~ minutes, without leave of Council or the Chair.

Rule 33: Motion to Suspend Rules. A motion to suspend the rule which requires three readings on three separate days shall receive the affirmative vote of five members of Council ~~a majority of members elected to Council~~ and shall be open to debate. All other rules may be suspended by the affirmative vote of five members of Council ~~a majority of Members of Council present~~ without debate. (This rule was changed from six votes to five votes when a number of Council members had conflict on school issues. Rule 38 says that Emergency Measures require five votes so this would place Suspension of Rules on an equal basis.)

NOTE: Procedurally, Rule 40 says that changes to the Rules of Council must be presented at one meeting for passage at another meeting; however, a unanimous vote can change the rules immediately. Therefore, a unanimous vote will be required to place changes into effect for the January 20, 2004 meeting.

Mr. SHOOK moved the necessary legislation be prepared to approve the proposed changes to the Rules of Council. Roll call: All members present voting yea, the Chair declared the motion carried.

Legislation was considered at this time.

ORDINANCE NO. 1 – 2004 APPROPRIATING FUNDS FOR CURRENT EXPENSES OF THE CITY OF MAUMEE, OHIO, FOR THE FIRST QUARTER OF FISCAL YEAR 2004.

The Clerk read the Ordinance by title only. Mr. COYLE moved the rule requiring ordinances to be read fully and distinctly on three separate dates be dispensed with. 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.

RESOLUTION NO. 2 – 2003 REQUESTING THE AUDITOR OF LUCAS COUNTY, OHIO, FOR ADVANCE PAYMENTS OF THE 2004 COLLECTION OF TAXES DUE THE CITY OF MAUMEE, OHIO.

ORDINANCE NO. 3 – 2003 AMENDING THE ZONING CODE OF THE CITY OF MAUMEE, OHIO, RELATIVE TO FALLEN TIMBERS OVERLAY DISTRICT, AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only. Mrs. BARLOS moved the rule requiring ordinances to be read fully and distinctly on three separate dates be dispensed with. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none. 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. 4 – 2003 AUTHORIZING CONTRACTS RELATIVE TO HEALTH AND LIFE INSURANCE COVERAGE FOR EMPLOYEES OF THE CITY OF MAUMEE AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only. Mr. SHOOK moved the rule requiring ordinances to be read fully and distinctly on three separate dates be dispensed with. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none. 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. 5 – 2003 AUTHORIZING AGREEMENT FOR ACCIDENT INSURANCE COVERAGE FOR VOLUNTEER FIREFIGHTERS OF THE CITY OF MAUMEE, AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only. Mr. BUEHRER moved the rule requiring ordinances to be read fully and distinctly on three separate dates be dispensed with. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none. 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. 6 – 2003 AUTHORIZING CONTRACT WITH OREGON CITY SCHOOLS CAREER & TECHNOLOGY CENTER RELATIVE TO EMT-B RIDE-ALONG PROGRAM, AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only. Mr. ZIMMERMAN moved the rule requiring ordinances to be read fully and distinctly on three separate dates be dispensed with. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none. 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. 7 – 2003 AUTHORIZING EXECUTION OF CONTRACR RELATIVE TO INSTALLATION OF A TRAFFIC SIGN WITH WARNING BEACON, AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only. Mr. CARR moved the rule requiring ordinances to be read fully and distinctly on three separate dates be dispensed with. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none. 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. 8 – 2003 ACCEPTING BID AND AUTHORIZING PURCHASE OF RADIO SYSTEM AND EQUIPMENT, AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only. Mr. COYLE moved the rule requiring ordinances to be read fully and distinctly on three separate dates be dispensed with. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none. 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. 9 – 2003 AUTHORIZING EXECUTION OF AGREEMENT WITH THE LUCAS COUNTY BOARD OF COMMISSIONERS RELATIVE TO PARTICIPATION IN SUBURBAN COURT SERVICES PROGRAM BY THE MAUMEE MUNICIPAL COURT, AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only. Mr. BRAINARD moved the rule requiring ordinances to be read fully and distinctly on three separate dates be dispensed with. Roll call: Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (6) voting yea; nays none; Barlos (1) abstaining. 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; Barlos (1) abstaining. Mr. BRAINARD moved the ordinance be placed on its final passage and passed. Roll call: Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none; Barlos (1) abstaining. So the Ordinance was passed.

ORDINANCE NO. 10 – 2003 AUTHORIZING CONTRACT WITH CREATIVE MICROSYSTEMS, INC., RELATIVE TO COMPTUER MAINTENANCE AND SUPPORT SERVICES FOR THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.

ORDINANCE NO. 11 – 2003 AMENDING THE MAUMEE REVISED CODE RELATIVE TO FIRE PREVENTION.

The Clerk read the Ordinance by title only. Mr. SHOOK moved the rule requiring ordinances to be read fully and distinctly on three separate dates be dispensed with. 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. 12 – 2003 APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS PURPOSES.

The Clerk read the Ordinance by title only. Mr. BUEHRER moved the rule requiring ordinances to be read fully and distinctly on three separate dates be dispensed with. 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.

Mr. SHOOK moved to adjourn to executive session to discuss pending and threatened litigation and the purchase and sale 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., Tuesday, January 20, 2004, carried v.v.

*********************

7:30 PM, Tuesday, January 20, 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).

Mr. SHOOK moved to suspend reading the minutes of the January 5, 2004 meeting and to approve the Minutes Journal. Roll call: All members present voting yea, the Chair declared the motion carried.

The Mayor delivered a State of the City address.

A letter from the Service Director withdrawing the request for an easement for a Reynolds Road waterline (tabled from January 5) was read. Mr. BRAINARD moved the request for authorization of an easement be withdrawn from the agenda. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Building and Zoning Inspector and the Commissioner of Public Service requesting amendment of the Arrowhead Park Entrance Sign Lighting agreement was read. He stated the present agreement does not assign responsibility to either the Arrowhead Architectural Committee or the City of Maumee for maintaining the illuminated signage. He stated the Architectural Committee proposes to equally share the cost of maintenance of these signage fixtures with the City. Mr. SHOOK moved the necessary legislation be prepared to authorize amendment of the Arrowhead Park Entrance Sign Lighting agreement, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Police Chief requesting authorization of a vehicle lease agreement with Charlies Dodge, Inc., was read. He stated the lease is for a one year old sport utility vehicle, at $650 per month, to be used by an officer on special assignment. He also stated the cost will be reimbursed by the U.S. DEA. Mr. ZIMMERMAN moved to authorize a vehicle lease agreement, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Police Chief requesting authorization to apply to the Bureau of Justice for a Bulletproof Vest Partnership Grant was read. He stated the police division needs to purchase thirteen vests at a cost of $7,900 and the Bulletproof Vest Partnership Grant would reimburse up to 50% of this cost or $3,950. Mrs. BARLOS moved the necessary legislation be prepared to authorize application to the Bureau of Justice for a Bulletproof Vest Partnership Grant, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Commissioner of Community Development requesting Council authorize advertising for bids for the Anthony Wayne Trail Beautification Project was read. He stated the base project consists of the north side of the Anthony Wayne Trail from Conant Street west to Ford Street and the engineer’s estimate for the base project is $165,000. The area on the south side of the Anthony Wayne Trail between Gibbs and White Streets will be bid as an alternate at an estimated cost for the alternate of $48,000. Mr. CARR moved to authorize advertising for bids for the Anthony Wayne Trail Beautification Project, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Finance Director requesting the appointment of an assessment equalization board for the Phase Three Area One Storm Sewer Separation Project was read. He stated that two objections have been received and an Assessment Equalization Board must be appointed to hear the objections and report its findings to Council. He further stated that the following people have agreed to serve on the board: Russell McEwen, 600 Corey Street; Richard Pfaff, 520 West John Street; and James Woodward, 1241 Holgate Avenue. Mr. COYLE moved to approve the appointment of an Assessment Equalization Board and to hear objections to the proposed Phase Three Area One Storm Sewer Separation Project. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Fire Inspector requesting authorization of the fee to be charged for attendance at public assemblies was read. He stated that, because attendance at a public assembly or gathering is typically handled on overtime, a fee of $40 per hour would cover the inspector’s base wage. Mr. SHOOK moved the necessary legislation be prepared to authorize a fee of $40 per hour for the attendance of a certified fire safety inspector at a public assembly or gathering, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting a donation to the Lucas Soil & Water District for a donation for operations was read. He stated he recommends a donation of $1,000, the same as prior years. Mr. BUEHRER moved to approve a donation of $1,000 to the Lucas Soil & Water District, as recommended. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor requesting Council amend the Municipal Code to increase the limit for purchases exempted from competitive bidding was read. He stated that, due to inflationary pressures, it has become necessary to raise the statutory threshold for competitive bidding from the current $20,000 limit to $30,000. The Finance Director requested Council also reconsider its 1992 policy which requires competitive bids for equipment purchases which exceed $10,000 and proposed a threshold of $15,000. Mr. SHOOK moved the necessary legislation be prepared to authorize amendment of the Municipal Code to increase the statutory limit for purchases exempted from advertisement and competitive bidding to $30,000, as requested. Roll call: All members present voting yea, the Chair declared the motion carried. Mr. SHOOK moved policy requiring competitive bidding for purchases which exceed $10,000 be referred to the Finance Committee. 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 umbrella fixtures for Rolf Park Pool was read. He stated two proposals were received and he recommends the proposal of David Williams & Associates, Alliance, Ohio, in the amount of $25,645 for the purchase of nine “Funbrellas” (large shade umbrellas, 20 ft. in diameter and 15 ft. high) for the Rolf Park Pool. Mr. CARR moved the necessary legislation be prepared to authorize a contract with David Williams & Associates, for the purchase of nine “Funbrellas”, in the amount of $25,645, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Commissioner of Public Service requesting Council consider the purchasing of equipment and supplies and the staffing for the operation of Rolf Park Pool, was read. Mr. BUEHRER moved the matter be referred to the Finance Committee and the Parks & Recreation Committee. 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 CDBG grant administration services was read. He stated the CDBG program has substantial rules, regulations, and guidelines that must be followed and he recommends a contract with Poggemeyer Design Group in the amount of $18,000 for administrative services. Mr. SHOOK moved Mr. Buehrer 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.

Mrs. BARLOS moved the necessary legislation be prepared to authorize a contract with Poggemeyer Design Group in the amount of $18,000 for administrative services, as requested. 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 the Administrator requesting renewal of an agreement with the Area Office on Aging for the Senior Nutrition Program was read. He stated the 2004 request is for $8,000, the same as prior years. Mr. CARR moved the necessary legislation be prepared to authorize an agreement with the Area Office on Aging for the Senior Nutrition Program, 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 projection and concession equipment for the Indoor Theater was read. He stated two bids were received in July, 2003, for movie projection, sound, and concession equipment for both theaters, and he recommends the bid of New Vision Cinema Technology, Kansas City, Missouri, in the amount of $270,144.03.

Mr. BRAINARD moved the bid of New Vision Cinema Technology be declared the lowest and best and the necessary legislation be prepared to authorize a contract in the amount of $270,144.03 for movie projection, sound, and concession equipment, as recommended. 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 contract for engineering testing services for the Senior Center addition was read. He stated two proposals were received for soil exploration for the addition at the Senior Center and he recommends the proposal of Bowser-Morner, Toledo, in the amount of $3,046. Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize a contract with Bowser-Morner in the amount of $3,046, as recommended. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the President of Council requesting certain additional changes to the Rules of Council be considered was read. He stated additional changes should be incorporated into the legislation ordered at the last Council meeting including: elimination of the rule requiring legislation be read three times and the time at which correspondence must be delivered to the Finance Department for inclusion on the agenda. Mr. BUEHRER moved the necessary legislation be prepared to authorize the changes to the Rules of Council, as recommended. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from Stephanie Mattoni requesting permission to encroach on the White Street right-of-way by constructing a fence at 402 E. Dudley Street was presented. Mr. SHOOK moved the to table the matter until the February 2, meeting. 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 to lease property for temporary quarters for the Police Division was read. He stated he recommends an agreement with The Anderson’s for property at 1283 Conant Street for temporary quarters in the amount of $8,333.33 per month for the 10,000 sq. ft. facility. Mr. SHOOK moved the necessary legislation be prepared to authorize a contract with The Anderson’s in the amount of $8,333.33 per month, as recommended. 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 where Jim Speck of the MetroParks gave a presentation regarding a pedestrian/bicycle overpass at U.S. 24 connecting the Battle of Fallen Timbers Memorial site with the battlefield site north of U.S. 24 and that items on the agenda were discussed.

Mr. Zimmerman read the following report from the Finance Committee meeting.

Finance Committee Report

On January 13, 2004, the Finance Committee met to discuss a loan to the Maumee Little League. Present from the committee were Todd Zimmerman, Jenny Barlos and Brent Buehrer, Dave Theaker on behalf of Little League, Charlie Carr on behalf of fundraising group supporting little league, Mayor Wagener, Dave Hazard, Linda Wilker and Larry Gamble for the administration.

The issue of the missing funds was discussed and Mr. Theaker explained that because of the missing funds, Maumee Little League was in need of $32,996.16 to pay prior debts incurred from the previous season in order for the suppliers to extend credit to little league this year and essentially get up and running. Charlie Carr explained that he and Dale Fallat at the request of The Andersons had put together a committee to raise monies to pay back the amount needed to begin the season. Charlie explained that he and a number of individuals and businesses had already been somewhat successful in a short time, but still had a significant amount before the entire amount missing was replenished. Mr. Theaker also explained the changes that have been made in the Little League organization to ensure that a similar missing funds scenario would be unlikely to occur in the future.

The committee unanimously recommended that a loan in the amount of $32,996.16 be made available for Maumee Little League to get the season started. It was stated that the loan was to be paid back and the funds that Charlie Carr’s group was heading would be for that purpose.

Respectfully submitted,

Todd Zimmerman, Chair
Jenny Barlos
Brent Buehrer

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

Mr. Carr read the following report from the joint Finance Committee and Safety Committee meeting.

Finance-Safety Committee Report

The Finance Committee and Safety Committee of Maumee City Council held a combined meeting on Friday, January 16, 2004. Present were Barlos, Buehrer, and Zimmerman of the Finance Committee, Brainard, Carr, and Shook of the Safety Committee, Councilman Coyle, Mayor Wagener, Chief Zink of the Police Division, Chief Monto of the Fire Division, Mr. Jezak, Mr. Hazard, Ms. Wilker, and Mr. Kern of the administration, representatives of Poggemeyer, and several police and fire division employees.

Chiefs Monto and Zink each made presentations as to the proposed joint police and fire training center setting forth the desired uses of such a facility. Council members Barlos, Brainard, Buehrer, Coyle, Shook and Zimmerman each presented questions tot eh respective division chiefs.

The committee unanimously (with Mr. Buehrer not voting, as he had to leave for personal reasons involving hospitalization of a relative) to recommend the authorization of the design of a joint police and fire training center with the deletion of a proposed storage building/kennel thereon.

Respectfully submitted,

Richard H. Carr, Chairman, Safety Committee
Todd Zimmerman, Chairman, Finance Committee
Doug Brainard, Safety Committee
Tom Shook, Safety Committee
Jenny Barlos, Finance Committee
Brent Buehrer, Finance Committee

Mr. CARR moved the report be approved in its entirety. Roll call: Barlos, Brainard, Carr, Shook and Zimmerman (5) voting yea; Buehrer and Coyle (2) voting nay. The Chair declared the motion carried by a 5-2 vote.

Legislation was considered at this time.

ORDINANCE NO. 13 – 2004 AMENDING CHAPTER 111 OF THE MAUMEE REVISED CODE RELATIVE TO RULES OF COUNCIL, REPEALING CERTAIN SECTION, AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only. Mr. COYLE moved the rule requiring ordinances to be read fully and distinctly on three separate dates be dispensed with. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none. 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. 14 – 2004 AMENDING AGREEMENT WITH BOARD OF COUNTY COMMISSIONERS OF LUCAS COUNTY RELATIVE TO WORK RELEASE PROGRAM 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; Barlos (1) abstaining. 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; Barlos (1) abstaining. So the Ordinance was passed.

ORDINANCE NO. 15 – 2004 AUTHORIZING EXECUTION OF AN AGREEMENT RELATIVE TO LIGHTING WITH THE ARROWHEAD ARCHITECTURAL COMMITTEE, 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. 16 – 2004 AUTHORIZING LEASE OF VEHICLE FOR THE DIVISION OF POLICE OF THE DEPARTMENT OF PUBLIC SAFETY, 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.

RESOLUTION NO. 17 – 2004 AUTHORIZING THE MAYOR AND MUNICIPAL CLERK TO FILE AN APPLICATION TO PARTICIPATE IN THE BUREAU OF JUSTICE ADMINISTRATION BULLETPROOF VEST PARTNERSHIP 2004, AUTHORIZING ACCEPTANCE OF GRANT, 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.

RESOLUTION NO. 18 – 2004 APPOINTING AN ASSESSMENT EQUALIZATION BOARD TO HEAR OBJECTIONS TO THE IMPROVEMENT OF THE CRYSTAL AVENUE AREA OF THE CITY OF MAUMEE, OHIO, BY CONSTRUCTING A STORM SEWER AND 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. 19 – 2004 AMENDING SCHEDULE OF RATES AND FEES IN THE CITY OF MAUMEE, OHIO, AND 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, 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. 20 – 2004 AMENDING THE MAUMEE REVISED CODE RELATIVE TO COMPETITIVE BIDDING, REPEALING CERTAIN SECTION 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. 21 – 2004 AUTHORIZING PURCHASE OF UMBRELLAS FOR ROLF PARK SWIMMING POOL COMPLEX, 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. 22 – 2004 AUTHORIZING CONTRACT WITH POGGEMEYER DESIGN GROUP, INC., RELATIVE TO ADMINISTRATION OF SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN THE CITY OF MAUMEE, 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, Shook and Zimmerman (6) voting yea; nays none; Buehrer (1) abstaining. Mrs. BARLOS moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Carr, Coyle, Shook and Zimmerman (6) voting yea; nays none; Buehrer (1) abstaining. So the Ordinance was passed.

ORDINANCE NO. 23 – 2004 AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF MAUMEE, THE LUCAS COUNTY SENIOR NUTRITION PROGRAM, AND THE AREA OFFICE ON AGING RELATIVE TO THE SENIOR NUTRITION PROJECT IN THE CITY OF MAUMEE, AND DECLARING AN EMERGENCY.

ORDINANCE NO. 24 – 2004 ACCEPTING BID FOR MOVIE PROJCETION AND CONCESSION EQUIPMENT FOR THE MAUMEE INDOOR THEATER, AUTHORIZING CONTRACT, AND DECLARING AN EMERGENCY.

ORDINANCE NO. 25 – 2004 AUTHORIZING CONTRACT WITH BOWSER-MORNER RELATIVE TO SOIL TESTING AT MAUMEE SENIOR CENTER IN THE CITY OF MAUMEE, AND DECLARING AN EMERGENCY.

ORDINANCE NO. 26 – 2004 AUTHORIZING EXECUTION OF LEASE AGREEMENT WITH THE ANDERSON’S RELATIVE TO TEMPORARY POLICE DIVISION BUILDING, AND DECLARING AN EMERGENCY.

ORDINANCE NO. 27 – 2004 AUTHORIZING AND INSTRUCTING THE MAYOR AND MUNICIPAL CLERK TO ENTER INTO AN AGREEMETN WITH MAUMEE LITTLE LEAGUE FOR THE MAKING OF A LOAN, AND DECLARING AN EMERGENCY.

ORDINANCE NO. 28 – 2004 APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS PURPOSES

Mr. SHOOK moved to adjourn to executive session to discuss the purchase of real estate and pending or threatened litigation. 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, February 2, 2004, carried v.v.