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Council Minutes
July 6 and 19, 2004

Tuesday, July 6, 2004

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

Mr. SHOOK moved to suspend reading the minutes of the June 21, 2004, meeting and to approve the Minutes Journal. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Fire Division command officers requesting approval of the resolution of necessity and intent to appropriate property for a new fire station was read. They stated it is their belief that the City would be best served by building a new fire station at 205 Illinois Avenue.

The Mayor opened the floor for public comment.

Michael Dzienny, attorney; Norma Smith, 205 Illinois Avenue; Lynn Seigfried, Waterville; Bob Wicks, 1122 Kirk Street; and Chuck Porter, Waterville, all spoke in opposition to the use of eminent domain to take 205 Illinois Avenue stating that the owner does not want to move from her home and that other properties are available that are suitable for a new fire station.

Walter Van Dromme, Chief of Firefighting; Daniel Jankowski, Chief of Emergency Medical Services; Patrick Wambo, Chief of Fire Prevention; Richard Monto, Fire Chief; Dawn Sniadecki, Paramedic; and Donald McConnaughy, retired Fire Chief, spoke regarding the need for a new fire station to replace the central fire station. They spoke regarding the size of the William Street property, the problems of being located in a residential neighborhood, the constraints of traffic and traffic control, issues of operating during construction, inadequacies of the current building, and the history of efforts to construct a new station.

Mr. Carr spoke regarding the development of the project to replace the central fire station. He stated that he believes the location selected for a new fire station is the best solution and that the owner’s objection is not well founded considering the zoning of the property.

Mr. Shook stated his belief that the volunteer Fire Division operations need the proposed change in facilities and the proposal for 205 Illinois Avenue is the best solution.

Mr. Zimmerman stated his support for the Fire Division and that he agrees that new facilities must be constructed. He added that eminent domain must be used only as a last resort and that he does not believe the proposal has been proven to be the best solution.

Mr. Brainard stated his belief that additional study of the impact of the proposal should be done. He stated concern for traffic safety with the proposed sites and that he believes further analysis is needed before eminent domain is considered.

Mr. Buehrer stated his support for the Fire Division and referred to property purchases on William Street for possible expansion of Central Fire Station. He said he believes that the owner’s desire to stay in the residence at 205 Illinois Avenue should be honored.

Mr. Coyle stated that the William Street property was deemed adequate two year ago by the architect hired to design the facility. He added that not enough analysis and evaluation of the Illinois Avenue site has been performed. He stated his belief that additional study is needed to reduce the unknowns of the proposed location before eminent domain is implemented.

Mrs. Barlos stated she agrees that a new fire station is needed and one should not be built on the site of the existing fire station. She stated that she believes Mrs. Smith has prepared to move from her home and that the recommendations of the professional firefighters should be weighted heavily when considering the site.

The Clerk read a letter from Scott Boehk of Expresso Car Wash, 201 Illinois Avenue. He stated that he would like to see the fire station built at 205 Illinois Avenue and that he would not want a storage facility at that location.

The Administrator stated that a public purpose must be the cause of any eminent domain action and that the public purpose in this case would be the need for a properly situated fire station for the community and also to eliminate slum and blight that has existed at the Illinois Avenue location. He recognized that the greatest growth in the City is on the west side of town, but stated that the greatest fire fighting need is in the older sections of town. He stated he agrees that a traffic study should be performed for any site of a new station.

The Mayor stated that pictures of the 205 Illinois Avenue property are available for viewing. Mr. Buehrer, Mr. Brainard, Mr. Coyle, and Mr. Zimmerman objected to a slide show. Mayor Wagener stated the pictures show the concerns of the Administrator. Mr. BUEHRER moved the slides of 205 Illinois Avenue be shown. Roll call: Barlos, Carr, Coyle, Shook and Zimmerman (5) voting yea; Brainard and Buehrer (2) voting nay. The Chair declared the motion carried by a 5-2 vote.

The Fire Chief presented twenty-six recent photos of the 205 Illinois Avenue property. The Administrator stated the City Inspection Division has been preempted from enforcement of nuisance conditions because it has been licensed as a mobile home park which is inspected by the County Health Department.

Mr. BUEHRER moved that the legislation be considered at this time and not at the end of the meeting. Roll call: All members present voting yea, the Chair declared the motion carried.

The Law Director stated that County records show the property in the name of Norma Smith and Jan K. Dohr, trustees. She also said Mrs. Smith negotiated in 2002 for the sale of the property to the City.

Mr. ZIMMERMAN moved to call the question. Roll call: Brainard, Buehrer, Coyle and Zimmerman (4) voting yea; Barlos, Carr and Shook (3) voting nay. The Chair declared the motion carried by a 4-3 vote.

ORDINANCE NO. 202 – 2004 RESOLUTION OF NECESSITY AND INTENT TO APPROPRIATE CERTAIN REAL PROPERTY LOCATED AT 205 ILLINOIS AVENUE, MAUMEE, LUCAS COUNTY, OHIO, AND DECLARING AN EMERGENCY. The Clerk read the Ordinance by title only. Mr. ZIMMERMAN moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Carr and Shook (3) voting yea; Brainard, Buehrer, Coyle and Zimmerman (4) voting nay. The Chair declared the motion lost by a 3-4 vote.

A public hearing on the petition of Tom Birsen for vacation of Cass Street north of West Sophia Street to alley north of West Sophia Street was opened.

The Clerk read two letters from Tom Birsen and a letter from the Service Director. The Service Director stated that he recommends vacation of only ten feet of the right-of-way since there are utilities under the property and the right-of-way is the only ingress and egress for the property at 710 Cass Street. He further stated that the right-of-way may be used for an entrance to the City service yard.

No one else spoke either in favor of or in opposition to the vacation.

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

The Law Director stated the petition should be from the owners of the parcel, which is in the name of Tom and Kim Birsen.

Mrs. BARLOS moved to allow the petition be amended to include Kim Birsen, co-owner of the property. Roll call: All members present
voting yea, the Chair declared the motion carried.

Mrs. BARLOS moved the necessary legislation be prepared to approve vacation of the westerly ten feet of Cass Street north of West
Sophia Street to the east-west alley north of West Sophia Street. Roll call: All members present voting yea, the Chair declared the motion
carried.

A public hearing on the petition of Dru Cassidy Hazard and Kevin and Helen Gutierrez for vacation of Cass Street south of West
Harrison Avenue was opened.

The Clerk read a letter from Dru Cassidy Hazard and a letter from the Service Director. The Service Director stated that he has no
objection to the vacation.

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

Mr. CARR moved the necessary legislation be prepared to authorize vacation of Cass Street north of West Sophia Street to the alley
north of West Sophia Street, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Municipal Planning Commission recommending approval of the application of Michael Lane, 429 Chesterfield Lane,
for amendment of the Hyde Park Planned Unit Development Permit to allow construction of a carport was read. The Secretary
stated the Commission made its recommendation on June 28, after holding a public hearing. There were no objections to the application.

The Law Director stated that Sharlynn Lane is a co-owner and must sign the application for amendment of the PUD permit.

Mr. CARR moved to approve the application of Mr. & Mrs. Michael Lane, 429 Chesterfield Lane, for amendment of the Hyde Park
Planned Unit Development Permit to allow construction of a carport, with the condition that Mrs. Lane sign the application. Roll call:
All members present voting yea, the Chair declared the motion carried.

A letter from the Commissioner of Community Development requesting donation and office space for the Maumee Chamber of Commerce operations was read. He stated the Maumee Chamber of Commerce is interested in moving to the tenant space at the Maumee Indoor
Theater. He said that, in order to expedite the move, the administration offers the following recommendations: 1) appropriate $10,000
for the loss of rental income for 2004 and 2005; 2) appropriate $5,000 to assist in the purchase of fixtures and furniture for 605 Conant
Street; and 3) authorize the administration to resolve any outstanding non-financial issues between the City and Chamber of Commerce
for the lease of the theater’s tenant space. Mr. COYLE moved to authorize donation of $15,000 to the Chamber of Commerce and that the
necessary legislation be prepared to authorize the lease of the theater’s tenant space to the Chamber of Commerce, as requested.
Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Buehrer requested that the administration suggest plans for the Conant Street property to Council.

A letter from the Monclova Township Fire Chief requesting an extension of the contract to provide dispatcher services for Monclova
Fire and EMS was read. He stated his request is for an additional year under the current terms and conditions.

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

A letter from the Fire Chief requesting approval of a contract for testing and maintenance of air compressor equipment was read. He
stated the cost of the contract is $879 for bi-annual maintenance of an Eagle air compressor and quarterly testing of air samples. Mr.
BRAINARD moved the necessary legislation be prepared to authorize a contract with First Line Fire Equipment Service, Inc., in the
amount of $879, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting approval of a contract for testing and maintenance of emergency generators was read.
He stated Ohio Cat Power Systems has proposed contracts in the amount of $3,599.60 and $3,277.35 to perform semiannual and annual
preventative maintenance and annual load bank tests respectively on generators at four locations. Mrs. BARLOS moved the necessary
legislation be prepared to authorize contracts with Ohio Cat Power Systems in the amount of $3,599.60 to perform semiannual and annual preventative maintenance and in the amount of $3,277.35 to perform annual load bank tests on emergency generators, as requested.
Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Fire Chief requesting approval of a contract for purchase of a thermal imaging camera was read. He stated two proposals
were received and he recommends the proposal from Fire Safety Services, Huntsville, Ohio, in the amount of $10,336. Mr. CARR moved the necessary legislation be prepared to authorize a contract with Fire Safety Services, in the amount of $10,336 for one thermal imaging
camera, as recommended. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from David Theaker, Maumee Little League president, requesting donation to help run two tournaments was read. He stated
a request for a donation of $3,000 to assist in the running of two state tournaments being held in Maumee July 22-27 and July 31-August
8. Mr. BUEHRER moved to authorize donation of $3,000 to Maumee Little League for two state tournaments, as requested. Roll call:
All members present voting yea, the Chair declared the motion carried.

A letter from the Fire Chief requesting approval of a contract to upgrade seventeen self-contained breathing apparatuses was read.
He stated three proposals were received and he recommends that of Pro-Am Safety, Inc, Cleveland, Ohio, in the amount of $14,651.35.
Mrs. BARLOS moved the necessary legislation be prepared to authorize a contract with Pro-Am Safety, Inc., in the amount of $14,651.35,
as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Fire Chief requesting approval of a contract for purchase of fifteen new self-contained breathing apparatuses was read.
He stated three bids were received and he recommends the bid of Warren Fire Equipment, Inc., Warren, Ohio, in the amount of $43,860.
Mr. CARR moved the bid of Warren Fire Equipment, Inc., be declared the lowest and best and the necessary legislation be prepared to
authorize a contract in the amount of $43,860, as recommended. Roll call: All members present voting yea, the Chair declared the motion
carried.

A letter from the attorney for the Maumee Valley Historical Society regarding a proposal to purchase and make a donation of real property
adjacent to the Wolcott House complex was read. Mr. BRAINARD moved to refer the matter to the Buildings & Lands Committee. Roll call:
All members present voting yea, the Chair declared the motion carried.

A letter from the Administrator requesting authorization for agreements with the Lucas County Public Defender Commission, Waterville,
nd Whitehouse for services of the public defender’s office was read. He stated the amount charged to the City remains $28,000 annually,
he same as last year. 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 agreements with Lucas County Public Defender Commission and
the villages of Waterville and Whitehouse for the services of the public defender’s office, 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 Clerk of Court requesting amendment of the list of authorized personnel to allow four part-time and two full-time bailiff
positions was read. She stated the reason for this request is to allow overlap time for a new bailiff to be trained and also to allow flexibility
in implementing additional security measures now under consideration for the municipal building. Mr. ZIMMERMAN moved the
necessary legislation be prepared to authorize amendment of authorized personnel to allow additional bailiff positions, as requested.
Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Fire Chief requesting authorization for a service contract with Medtronic Physio-Control for Lifepaks was read. He
tated the 2004 amount is $6,771.24 to cover the maintenance of Medtronic Physio-Control Lifepaks, which is an increase of $1,230.50
from 2003. Mr. BRAINARD moved the necessary legislation be prepared to authorize a service contract with Medtronic Physio-Control
for Lifepaks, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A tabulation of bids received by the Service Director for refuse, recycling, and yard waste collection, disposal, and related services was
presented. He stated two bids were submitted and he recommends the bid of Waste Management at a cost of approximately 1.8% higher
than the current cost. Mr. COYLE moved the bid of Waste Management be declared the lowest and best and the necessary legislation be
prepared to authorize a contract, as recommended. Roll call: All members present voting yea, the Chair declared the motion carried.

A tabulation of bids received by the Commissioner of Public Service for roadway crack sealing maintenance was presented. He stated
three bids were received and he recommends the bid of Scodeller Construction, Inc., in the amount of $97,235. He further stated that the maintenance program includes a total of 21.8 lane miles of pavement.

Mrs. BARLOS moved the bid of Scodeller Construction, Inc., be declared the lowest and best and the necessary legislation be prepared to authorize a contract in the amount of $97,235, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Commissioner of Public Service requesting approval of a change order for a demolition contract for asbestos abatement
was read. He stated the house at 122 East John Street had asbestos wrapped pipes that had to be removed prior to demolition at an
additional cost of $585. Mr. BUEHRER moved the necessary legislation be prepared to authorize a change order in the amount of $585,
as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting consideration of an easement to allow installation by Buckeye TeleSystem of a fiber
connection at Rolf Park was read. He stated Buckeye would like to extend an aerial line along the northerly portion of the park and
set a panel on the exterior of the storage barn in order to facilitate the televising of games for Buckeye Cablesystem Sports Network.
Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize an easement to Buckeye TeleSystem, as requested.
Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Law Director requesting public hearings be set regarding a Plan of Operation of a natural gas aggregation program was
read. Mrs. BARLOS moved to set public hearings regarding a Plan of Operation of a natural gas aggregation for August 2 and August
16, 2004, at 7:30 p.m. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Administrator regarding a request to transfer a liquor permit to Gianno’s Italian Bistro at 310 West Dussel Drive was
read. He stated the Police Chief has no objections to the transfer. The Administrator stated the regulation allows transfer of permits
for economic development projects. Mr. CARR moved to acknowledge transfer of a class “D-3” to Gianno’s Italian Bistro as an
economic development project. Roll call: All members present voting yea, the Chair declared the motion carried.

Albert Carter, Temperance, Michigan, presented a list of men who died in military service who were residents of the Miami Children’s
Home and requested their names be included in a memorial.

Mr. Shook reported the Committee of the Whole met just before tonight’s meeting and that John Minear, Waste Management, and
Greg Stalter, BFI, each spoke about their proposed contracts with the City for refuse collection. He also said that Jim French, 1165
Elco, spoke regarding the petition of Tom Birsen for vacation of Cass Street requesting access to 710 Cass Street be preserved. Mr.
SHOOK moved the report be approved. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Buehrer read the following report from the Buildings and Lands/Parks and Recreation Committees.

Buildings and Lands/Parks and Recreation Committees

The Buildings and Lands/Parks and Recreation Committees met at 4:45 p.m., June 29, 2004, in the Council Conference Room at 400 Conant Street to discuss construction and renovations of press box structures at Ford Field and Rolf Park.

Present at the meeting: Brent Buehrer, Tom Shook, Mike Coyle, Doug Brainard, and Todd Zimmerman of the committees, Richard Carr of Maumee City Council, David Hazard and Linda Wilker of the finance department, John Kolbow and David DuGai of the recreational division, and Larry Gamble and Joe Camp of the service department.

The committee reviewed the City’s needs at the two recreational parks and the following recommendations were unanimously agreed upon.

· That the Ford Field Press Box renovation be done at the $79,031 budget and that the arch design be used (see attachment).

· That a 48’x48’ multi use press box structure be constructed at Rolf Park. This structure is to have a concrete block first floor and a stick framed second floor. The female restrooms are to be larger than the supplied sketch attached to this report. An alternate is to bid for additional 26 parking spaces, and for cosmetic renovation of the existing press box structure. Total budget $874,920.

· That the project be allowed to bid as a Single Prime contract since it is less than $1,000,000.

· That we authorize the contract of the Ballmer Company for the amended May 7, 2004, cost of $65,880, and bidding be authorized immediately.

Respectfully submitted,

Brent Buehrer, Chair/Building & Lands

Douglas Brainard, Chair/Parks & Recreation

Todd Zimmerman

Tom Shook

Mike Coyle

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

Mr. BUEHRER moved the necessary legislation be prepared to authorize amendment of the contract with Ballmer Company. Roll call:
All members present voting yea, the Chair declared the motion carried.

Mr. SHOOK moved the matter of construction of a new fire station be removed from the Buildings and Lands Committee and that an
ad hoc committee chaired by the mayor and composed of the four fire chiefs, one Republican and one Democratic or Independent
member of council, and the administrator/safety director be formed to recommend a location to build a fire station and to report its
findings to Council by August 16. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. CARR moved to refer the matter of the use of motorized scooters on streets to the Safety Committee. Roll call: All members present
voting yea, the Chair declared the motion carried.

The Mayor stated his objections to Council’s terminating debate this evening on the first agenda item by calling the question. He
stated that he had made known his desire to speak to this issue which is of great public interest.

Ordinances were considered at this time.

ORDINANCE NO. 203– 2004 VACATION OF CERTAIN PORTION OF CASS STREET NORTH OF SOPHIA STREET IN THE CITY
OF MAUMEE, LUCAS COUNTY, OHIO. The Clerk read the Ordinance by title only. Mr. COYLE moved the resolution be placed on its
final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none. So the
Ordinance was passed.

ORDINANCE NO. 204 – 2004 VACATION OF CERTAIN PORTION OF CASS STREET SOUTH OF HARRISON STREET IN THE
CITY OF MAUMEE, LUCAS COUNTY, OHIO. The Clerk read the Ordinance by title only. Mr. BRAINARD moved the ordinance be
placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays
none. So the Ordinance was passed.

ORDINANCE NO. 205 – 2004 AMENDING ORDINANCE NO. 89-1975 RELATIVE TO LOT 53 (PLAT 2) FINAL DEVELOPMENT PLAN
OF HYDE PARK PLANNED UNIT DEVELOPMENT 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. 206 – 2004 AUTHORIZING EXECUTION OF A LEASE AGREEMENT RELATIVE TO MUNICIPAL PROPERTY
AT 603 CONANT STREET WITH MAUMEE CHAMBER OF COMMERCE, AND DECLARING AN EMERGENCY. The Clerk read the
Ordinance by title only. Mr. SHOOK moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr,
Coyle, Shook and Zimmerman (7); voting yea; nays none. Mr. SHOOK moved the ordinance be placed on its final passage and passed.
Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none. So the Ordinance was passed.

ORDINANCE NO. 207 – 2004 AUTHORIZING AGREEMENT WITH FIRST LINE FIRE EQUIPMENT SERVICES, INC., RELATIVE TO COMPRESSOR MAINTENANCE FOR THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. The Clerk read the
Ordinance by title only. Mr. BUEHRER moved the ordinance be passed as an emergency measure. Roll call: 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. 208 – 2004 AUTHORIZING AGREEMENTS WITH OHIO CAT POWER SYSTEMS RELATIVE TO PROVISION OF REGULAR PREVENTATIVE MAINTENANCE SERVICES AND LOAD BANK TESTING FOR GENERATORS IN 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, 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. 209 – 2004 AUTHORIZING AGREEMENT WITH FIRE SAFETY SERVICES, INC., RELATIVE TO PURCHASE OF THERMAL IMAGING CAMERA FOR THE DIVISION OF FIRE OF THE DEPARTMENT OF PUBLIC SAFETY, 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. 210 – 2004 ACCEPTING BID AND AUTHORIZING PURCHASE OF FIFTEEN SCBA AIR-PAKS FOR THE DIVISON
OF FIRE OF THE DEPARTMENT OF PUBLIC SAFETY, 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. 211 – 2004 AUTHORIZING UPGRADE OF SEVENTEEN SELF CONTAINED BREATHING APPARATUS UNITS
FOR THE DIVISION OF FIRE OF THE DEPARTMENT OF PUBLIC SAFETY, AND DECLARING AN EMERGENCY. The Clerk read the
Ordinance by title only. Mr. BRAINARD moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer,
Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none. Mr. BRAINARD moved the ordinance be placed on its final passage and
passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none. So the Ordinance was passed.

ORDINANCE NO. 212 – 2004 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. SHOOK 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. SHOOK moved the ordinance be placed on its final passage and passed. Roll call: Brainard, Buehrer,
Carr, Coyle, Shook and Zimmerman (6) voting yea; nays none; Barlos (1) abstaining. So the Ordinance was passed.

ORDINANCE NO. 213 – 2004 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. 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. 214 – 2004 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. 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. 215 – 2004 AMENDING SCHEDULE OF PERMANENT POSITIONS OF THE CITY OF MAUMEE, REPEALING ORDINANCE 169-2002, 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. 216 – 2004 AUTHORIZING CONTRACT WITH MEDTRONIC PHYSIO-CONTROL CORPORATION RELATIVE TO LIFEPAK MAINTENANCE SERVICES FOR THE DIVISION OF FIRE 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, 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. 217 – 2004 AUTHORIZING EXECUTION OF AGREEMENT WITH WASTE MANAGEMENT OF NORTHWEST
OHIO, INC., FOR COLLECTION OF SOLID WASTE, YARD WASTE, AND RECYCLING, 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. 218 – 2004 ACCEPTING BID RELATIVE TO CRACK SEAL MAINTENANCE PROGRAM, AUTHORIZING
EXECUTION OF CONTRACT, AND DECLARING AN EMERGENCY The Clerk read the Ordinance by title only. Mr. BRAINARD
moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7)
voting yea; nays none. Mr. BRAINARD moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard,
Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none. So the Ordinance was passed.

ORDINANCE NO. 219 – 2004 AMENDING AGREEMENT WITH D&K ENTERPRISES FOR DEMOLITION OF CERTAIN
STRUCTURES, 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. 220 – 2004 GRANTING EASEMENT TO BUCKEYE CABLEVISION, INC., AND DECLARING AN EMERGENCY.
The Clerk read the Ordinance by title only. Mr. SHOOK moved the ordinance be passed as an emergency measure. Roll call: Barlos,
Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none. Mr. SHOOK moved the ordinance be placed on its
final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none. So the
Ordinance was passed.

ORDINANCE NO. 221 – 2004 AUTHORIZING AMENDMENT TO AGREEMENT FOR ARCHITECT SERVICES FOR FORD FIELD
AND ROLF PARK PRESS BOXES, 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)
oting 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. 222 – 2004 DECLARING CERTAIN PROPERTY OF TH ECITY OF MAUMEE TO BE SURPLUS EQUIPMENT, AUTHORIZING DISPOSAL, 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. 223 – 2004 APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS PURPOSES. The Clerk read the
Ordinance by title only. 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.

Mr. SHOOK moved to adjourn until 7:30 p.m., Monday, July 19, 2004, carried v.v.

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Special Meeting
Council Minutes – July 19, 2004
11:30 a. m.

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: Brainard, Buehrer, Shook and Zimmerman (4); Barlos, Carr and Coyle (3) absent. Council President Shook presiding.

A letter from the Mayor requesting a special meeting to postpone the regular meeting of July 19 to the next regular meeting of August 2, 2004, was read.

Mr. BRAINARD moved to postpone the regular meeting of July 19 to the next regular meeting of August 2, 2004, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Brainard read the following report from the Parks and Recreation Committee.

Parks and Recreation Committee

On Tuesday, July 13, 2004, at 5:00 p.m. the Parks and Recreation Committee met to discuss pool admission amendments. Present at the meeting were: Joe Camp, and Linda Wilker of the City Administration, Brent Buehrer and Doug Brainard of Council and Karen Brebberman, manager of the pool. Todd Zimmerman arrived later.

Joe Camp stated that, as a result of some inquiries being made pertaining to admissions of out-of-state grandchildren by resident grandparents, a plan needed to be put into place. It was suggested that a “guest-pass” be created. The guest-pass would be offered to all residents and member cardholders. It would be a punch card system, it would have the last name of the member on it, and it would be numbered to establish a control. The guest pass would be available in either a $20.00 or $50.00 denomination and would afford either four or ten guests accordingly. If the guest of the member or resident is six years or older the card would receive a punch, five years and under the guest is free. Once the card had received the maximum allowed number of punches the card would be surrendered at the gate. Mr. Camp pointed out that any grandparent that resides in Maumee can purchase a resident I.D. at $5.00 and a pool pass at $20.00 and can take four children or attend four times. All members present at the meeting reviewed the information as presented and agreed to the proposal as presented.

In addition to the guest-pass two other issues pertaining to the pool also had been brought to the attention of the committee and needed a response. The National Guard inquired as to an exception to admission to the pools for Guard members and their families. After discussion and consideration, it was decided to let the rules of admission stand and not create any exceptions at this time.

The final issue that had come before the committee had to do with pool after-hour use. The Committee originally discussed this issue prior to establishing the pool rules. It was felt at this time that for the remainder of this year the pool would operate under the existing rules and at the end of the first season the committee will meet and review the operation and at that time exceptions, additions, of any changes would be discussed. Any changes in operation would then be implemented for the second season. The committee agrees that for this year we need to adhere to the established rules of operation and any changes occur after the first year of operation.

Prior to closing the meeting a review was conducted to see how the pool is doing to date. A review of financial records shows that the pool is operating above expectations with approximately $70,000 deposited. Parking concerns were addressed and according to Mrs. Brebberman the park to date has not reached its capacity even with a softball tournament taking place. There were two occurrences at the pool, one where a lifeguard had to assist a swimmer which went well and one where a dispute between two patrons had to be addressed and was resolved without incident. At this time the pool is enjoying success and continues to provide families with an excellent recreation venue.

The meeting was adjourned with the recommendation to accept Mr. Camp’s proposal pertaining to guest passes. The Committee would recommend acceptance of the report.

Respectfully submitted,

Douglas Brainard, Chair
Brent Buehrer
Todd Zimmerman

Mr. BRAINARD moved to amend the report to add that a guest-pass is only valid for the current year and that the report be accepted in its entirety. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor appointing the following to the Ad-Hoc Committee to recommend a location for the Fire Station: Safety Director, John Jezak; Fire Chief Richard Monto; Bureau Chiefs, Walter VanDromme, Daniel Jankowski and Patrick Wambo; Council members Jenny Barlos and Brent Buehrer; and Chair Mayor Timothy Wagener, was read.

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

Mr. SHOOK moved to adjourn until 7:30 p. m. Monday, August 2, 2004.