Council Minutes
July 10 and 17, 2006

 

Monday, July 10, 2006

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

Mr. CARR moved to suspend reading the minutes of the June 19, 2006, meeting and approve the Minutes Journal.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Mr. BUEHRER moved to add to the agenda an executive session to discuss promotions.  Roll call:  All members present voting yea, the Chair declared the motion carried.

Mr. BUEHRER moved to adjourn to executive session to discuss promotions.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Council returned from executive session.  

A letter from Acting Mayor Carr appointing Thomas Wagener, Jr., Craig Road, to the position of Chief of the Bureau of Ambulance and Emergency Medical Service effective June 26, 2006, and recommending the administration be authorized to advertise for the position of Assistant Chief of Emergency Services.

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

Mr. BUEHRER moved to authorize administration to advertise for the position of Assistant Chief, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Service Director requesting release of an easement for Graham Ditch, just west of Ford Street was read.  He stated that a drainage easement near Arrowhead Road was vacated by Ordinance 100-1989.  He also stated that since a section of watercourse near Ford Street has been rerouted, this earlier easement also is no longer needed.

Mrs. BARLOS moved the necessary legislation be prepared to authorize the Mayor and Clerk to execute the release of a drainage easement to Salisbury Dussel Partnership, 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 maintenance contract for the police building fire suppression system was read.  He stated he recommends a 2-year contract with ABCO Fire Protection, Inc. in the amount of $3,789, which will provide four semi-annual inspections at 109 Dudley Street.

Mr. BRAINARD moved the necessary legislation be prepared to authorize a 2-year maintenance contract with ABCO Fire Protection, Inc. in the total amount of $3,789 for the FM-200 Fire Suppression System inspection services at 109 Dudley Street, as requested.  Roll call: All members present voting yea, the Chair declared the motion carried. 

A letter from the Service Director requesting authorization of a contract for purchase of pumps and valves for Key Street Pump Station was read.  He stated that a quote was requested and received from Buckeye Pumps, Inc. in the amount of $29,348 to replace two pumps and three check valves at the Key Street Pump Station that are 32 years old.  He stated that units match the unit that was replaced a few years ago.

Mr. PAUKEN moved the necessary legislation be prepared to authorize a contract with Buckeye Pumps, Inc. in the amount of $29,348 for pumps and check valves at the Key Street Pump Station, as requested.  Roll call: All members present voting yea, the Chair declared the motion carried. 

A letter from the Commissioner of Public Service requesting authorization to purchase a replacement Truckster for Rolf Park was read. He stated that this piece of equipment was requested during the 2006 capital budget with an estimated cost of $16,000, that W.F. Miller Company of Novi, Michigan, is the authorized dealer for the State of Ohio for this type of equipment, and that they have supplied a proposal in the amount of $15,984.  He recommended the purchase of a Truckster utilizing the State Cooperative Purchasing Program from W.F. Miller Company in the amount of $15,984. 

Mr. COYLE moved the necessary legislation be prepared to authorize a purchase agreement with W.F. Miller Company in the amount of $15,984 for a Truckster, 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 contract for upgrade of the software for the RUOK system was read.  He stated that their present version was designed in 1989 and has become unstable on newer hardware requiring an excessive amount of staff time and computer maintenance calls.  He recommended a purchase agreement with Northland Innovation Corporation in the amount of $1,500.

Mr. PAUKEN moved the necessary legislation be prepared to authorize a purchase agreement with Northland Innovation Corporation in the amount of $1,500 for a software upgrade for the RUOK system, as requested.  Roll call: All members present voting yea, the Chair declared the motion carried. 

A letter from the Commissioner of Public Service requesting authorization of contracts for improvements to the Sewer Division building was read.  He stated that as part of the capital budget process, the Sewer Division requested improvements to the interior bay lighting, two new garage door openers with pneumatic edge stops, and replacement air conditioner and heaters.  Proposals were received from Pierce Electric to install fourteen 400-watt light fixtures ($6,500), Cross Heating for the HVAC improvements ($9,750), and Haas Garage Door for the overhead door improvements ($1,020).

Mrs. BARLOS moved the necessary legislation be prepared to authorize a contract with Pierce Electric, in the amount of $6,500 for light fixtures and installation, as requested.  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 Cross Heating, in the amount of $9,750 for HVAC work, as requested.  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 Haas Garage Door in the amount of $1,020 for overhead door work, as requested.  Roll call: All members present voting yea, the Chair declared the motion carried. 

A letter from David Theaker, Little League president, requesting a donation for a tournament for 17- and 18-year olds was read.  He stated that the tournament runs July 13-16 at Gateway Middle School.  He also stated there are no fees charged to these teams and the umpires are not paid, but Maumee Little League provides housing and meals.  As such, Maumee Little League requests financial assistance in the amount of $1,200. 

Mr. Zimmerman questioned whether Maumee had a team that could potentially qualify to play in this league?  Mrs. Barlos asked how many teams are participating in this tournament?  The Commissioner of Public Service responded that he would get answers to these questions.

Mr. ZIMMERMAN moved to table the matter until additional information is available.  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 fence replacement was read.  He stated that they received proposals for replacement fence and posts along a portion of the Anthony Wayne Trail near West Wayne Street and the Service Department yard on Illinois Avenue.  He recommended a contract with Toledo Fence and Supply Company in the amount of $12,153.

Mr. BUEHRER moved the necessary legislation be prepared to authorize a contract with Toledo Fence and Supply Company in the amount of $12,153 for fence replacement, as requested.  Roll call: All members present voting yea, the Chair declared the motion carried. 

A letter from the Tree Commission requesting modification of the tree ordinance for ash trees was read.  Mr. James Hyland, Chairman, stated that because of the imminent danger of infestation by the Emerald Ash Borer, they recommend that the city adopt a program of gradual removal of its ash trees.  They also recommend that ash trees be put on the list of undesirable street trees.

Mrs. BARLOS moved to refer the matter to the Code Committee.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Fire Chief requesting authorization of a lease of a “Wave Runner” personal watercraft through Honda East, Conant Street, was read.  He stated that the Fire Division proposes to continue participation in the Wave Runner Law Loan Program. 

Mr. PAUKEN moved the necessary legislation be prepared to authorize the Mayor and the Clerk to execute an agreement with Honda East for the 2006 Law Loan 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 an engineering study for storm sewer improvements was read.  He stated that Phase 3 portion of the Crystal Avenue Storm Sewer Improvements have progressed enough to consider Phases 1 & 2 of the program.  He said, however, that, prior to proceeding with the design, a more thorough examination of the existing Phase 1 and 2 infrastructure is needed.  A proposal was received from Tetra Tech in the amount of $23,700 to study the area.

Mr. COYLE moved the necessary legislation be prepared to authorize a contract with Tetra Tech in the amount of $23,700 for an engineering study for the Crystal Avenue storm sewer area, as requested.   Roll call:  All members present voting yea, the Chair declared the motion carried. 

A petition of Timothy Olejniczak for vacation of a portion of the Elizabeth Street right-of-way south of the Anthony Wayne Trail was presented.  He requests vacation of the westerly portion of Elizabeth Street from William Street to the Anthony Wayne Trail. 

Mr. BUEHRER moved to set a pubic hearing for July 17, 2006 at 7:30 p.m.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Mr. ZIMMERMAN moved to remove from the table and return to the agenda the request of the Little League for a donation.  Roll call:  All members present voting yea, the Chair declared the motion carried.

The Commissioner of Public Service reported that Maumee does have a team represented in the tournament.  He stated the tournament is a division of Little League and five teams are from other areas of the state.

Mr. ZIMMERMAN moved the necessary legislation be prepared to approve a donation to the Maumee Little League in the amount of $1,200 for costs associated with hosting the Ohio Big League State Tournament, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Mr. Pauken read the following report from the Land Use and Zoning Committee: 

Land Use and Zoning Committee Report

The Land Use and Zoning Committee met on Wednesday, June 21 to discuss application by Cingular Wireless to install 6, 18-foot cellular antennas on top of the water tower at Parkway Plaza. Present were committee members Tim Pauken and Todd Zimmerman. Law Director Sheilah McAdams, and representatives of application, Sean Craig, Chuck Sallah, Ramy Eidi, Jerry Parker and Dan Graves.

Discussion took place regarding the coverage zone, and it was questioned as to whether any other sites were explored that might provide better coverage. Nothing in the “search” area was available or a good candidate according to Sean Craig. The Parkway Plaza location itself is outside of the “search” area, but would provide adequate coverage.

The height of the antennas was also discussed. It was learned that a 10-foot separation requirement by the FCC, to prevent interference with existing providers’ antennas, was the reason behind the height of the proposed antennas.

And finally, the number of antenna on top of the tower was becoming an issue. With the twelve antennas already allowed for Alltel, and 6 proposed by Cingular, bringing the total to 18, we felt that was too many antennas.  It was agreed to however by the owners of Parkway, that there would be no further requests for this type of amendment.

It was unanimously agreed to by this committee, and moved that we accept the recommendation of the Planning Commission to amend the Special Use Permit allowing installation of the 6 antennas on the water tower at Parkway Plaza; incorporate in this amendment the condition that no more antennas be allowed on this tower as agreed to by the owner and Cingular; and that legislation be prepared.

Respectfully submitted,

      Timothy L. Pauken, Chair

     Todd Zimmerman, Member 

Mr. PAUKEN moved the report be accepted in its entirety, to accept the recommendation of the Planning Commission, and that the necessary legislation be prepared to amend the SUP allowing installation of the six antennas on the water tower at Parkway Plaza provided that no additional requests for additional antennas shall be received.  Roll call:  Barlos, Brainard, Carr, Coyle, Pauken and Zimmerman (6) voting yea; Buehrer (1) voting nay.  The Chair declared the motion carried by a 6-1 vote. 

Mr. CARR moved to refer to the Personnel Committee of Council review of interim compensation for employees.  Roll call: All members present voting yea, the Chair declared the motion carried. 

Legislation was considered at this time. 

ORDINANCE NO.        115 – 2006      AUTHORIZING RELEASE OF A PORTION OF A CERTAIN PUBLIC WATERCOURSE EASEMENT.

The Clerk read the Ordinance by title only.

Mr. COYLE moved the ordinance be placed on its final passage and passed.  Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman (7) voting yea; nays, none.

So the Ordinance was passed.

 ORDINANCE NO.      116 – 2006      AUTHORIZATION AGREEMENT WITH ABCO FIRE PROTECTION, INC. RELATIVE TO PROVISION OF FIRE SUPPRESSION SYSTEM INSPECTION SERVICES AT THE MUNICIPAL BUILDING IN THE CITY OF MAUMEE, AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only.

Mr. BRAINARD moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman (7) voting yea; nays, none.

Mr. BRAINARD moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman (7) voting yea; nays, none.

So the Ordinance was passed. 

ORDINANCE NO.    117 – 2006      AUTHORIZING PURCHASE OF CERTAIN SEWER PUMPS AND CHECK VALVES FROM BUCKEYE PUMPS, INC., AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only.

Mrs. BARLOS moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman (7) voting yea; nays, none.

Mrs. BARLOS moved the ordinance be placed on its final passage and passed.  Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman (7) voting yea; nays, none.

So the Ordinance was passed. 

ORDINANCE NO.   118 – 2006      AUTHORIZING PURCHASE OF TRUCKSTER FOR THE DEPARTMENT OF PUBLIC SERVICE, AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only.

Mr. CARR moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman (7) voting yea; nays, none.

Mr. CARR moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman (7) voting yea; nays, none.

So the Ordinance was passed. 

ORDINANCE NO.      119-2006      AUTHORIZING A CONTRACT WITH NORTHLAND INNOVATION CORPORATION RELATIVE TO SOFTWARE UPGRADE SERVICES FOR THE RUOK PROGRAM OF THE DIVISION OF POLICE OF THE CITY OF MAUMEE, AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only.

Mr. PAUKEN moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman (7) voting yea; nays, none.

Mr. PAUKEN moved the ordinance be placed on its final passage and passed.   Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman (7) voting yea; nays, none.

So the Ordinance was passed. 

ORDINANCE NO.      120 – 2006      AUTHORIZATION OF A CONTRACT WITH PIERCE ELECTRIC RELATIVE TO INSTALLATION OF LIGHTING AT THE SEWER DIVISION BUILDING OF THE CITY OF MAUMEE, AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only. 

Mr. ZIMMERMAN moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman (7) voting yea; nays, none.

Mr. ZIMMERMAN moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman (7) voting yea; nays, none.

So the Ordinance was passed. 

ORDINANCE NO.      121– 2006      AUTHORIZING A CONTRACT WITH CROSS HEATING AND COOLING RELATIVE TO HEATING AND AIR CONDITIONING REPLACEMENT AT THE SEWER DIVISION BUILDING OF THE CITY OF MAUMEE, AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only.

Mr. BUEHRER moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman (7) voting yea; nays, none.

Mr. BUEHRER moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman (7) voting yea; nays, none.

So the Ordinance was passed.  

ORDINANCE NO.      122– 2006      AUTHORIZING AGREEMENT WITH HAAS GARAGE DOOR CO., RELATIVE TO OVERHEAD GARAGE DOOR OPENER INSTALLATION AT THE SEWER DIVISION BUILDING OF THE CITY OF MAUMEE, AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only.

Mr. COYLE moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman (7) voting yea; nays, none.

Mr. COYLE moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman (7) voting yea; nays, none.

So the Ordinance was passed. 

ORDINANCE NO.      123 – 2006      AUTHORIZING AGREEMENT WITH TOLEDO FENCE AND SUPPLY COMPANY RELATIVE TO REPLACEMENT FENCING, AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only.

Mr. BRAINARD moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman (7) voting yea; nays, none.

Mr. BRAINARD moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman (7) voting yea; nays, none.

So the Ordinance was passed. 

ORDINANCE NO.      124 – 2006      AUTHORIZING EXECUTION OF AGREEMENT WITH HONDA EAST YAMAHA FOR PARTICIPATION IN WAVE RUNNER 2006 LAW LOAN PROGRAM, AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only.

Mrs. BARLOS moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman (7) voting yea; nays, none.

Mrs. BARLOS moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman (7) voting yea; nays, none.

So the Ordinance was passed. 

ORDINANCE NO.      125 – 2006      AUTHORIZING A CONTRACT WITH TETRA TECH RELATIVE TO ENGINEERING STUDY OF CRYSTAL AVENUE STORM SEWER AREA PHASES 1 AND 2, AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only.

Mr. CARR moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman (7) voting yea; nays, none.

Mr. CARR moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman (7) voting yea; nays, none.

So the Ordinance was passed. 

ORDINANCE NO.      126– 2006      GRANTING SPECIAL USE PERMIT TO CINGULAR WIRELESS FOR USE OF A STRUCTURE FOR THE ERECTION OF TELECOMMUNICATION ANTENNAE AND APPURTENANCES ON CERTAIN REAL ESTATE IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only.

Mr. PAUKEN moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Brainard, Carr, Coyle, Pauken and Zimmerman (6) voting yea; Buehrer (1) voting nay.

Mr. PAUKEN moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Carr, Coyle, Pauken and Zimmerman (6) voting yea; Buehrer (1) voting nay.

So the Ordinance was passed by a 6-1 vote. 

ORDINANCE NO.      127-2006      APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS PURPOSES.

The Clerk read the Ordinance by title only.

Mr. ZIMMERMAN moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman (7) voting yea; nays, none.

So the Ordinance was passed. 

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

When Council returned from Executive Session, Mr. BRAINARD moved to adjourn until 7:30 p.m., Monday, July 17, 2006, 
carried v.v.

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

Monday, July 17, 2006 

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

Mayor Wagener presiding. 

Mr. CARR moved to suspend reading the minutes of the July 10, 2006, special meeting and approve the Minutes Journal.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

The Mayor opened a public hearing on a petition of Timothy Olejniczak for vacation of a portion of the Elizabeth Street right-of-way south of the Anthony Wayne Trail.

The Clerk read a letter from the Service Director dated July 13, 2006, stating there are two storm sewer lines in the area of the vacation request.  He said an easement to maintain the lines is needed in the event of vacation.  He added that a legal description is also needed.  He noted the easterly portion of Elizabeth Street was vacated by Ordinance 36-2000.

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

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

Mr. CARR moved to approve vacation of a portion of the Elizabeth Street right-of-way contingent upon the property owners providing a legal description and an easement to maintain public utilities, as requested. Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Finance Director presenting the 2005 Comprehensive Annual Financial Report (CAFR) was read.  He stated that the annual financial report of the City for 2005 has been completed and copies are now available on the City’s website.

Mr. BRAINARD moved to place the Comprehensive Annual Financial Report (CAFR) on file, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Commissioner of Public Service requesting authorization to purchase a leaf loader for the Service Department was read.  He stated that prices were obtained through the State Purchasing Program and the LCT600 leaf loader is priced at $15,009 from the supplier.  He also stated that ODB of Richmond, VA, is the authorized dealer for the State of Ohio for this type of equipment.

Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize a purchase agreement with ODB in the amount of $15,009 for a LCT600 leaf loader, as requested.  Roll call: All members present voting yea, the Chair declared the motion carried. 

A letter from the Public Service Director requesting authorization to purchase stand-by pumps for the Sewer Division.  He stated that the Sewer Division crews needed to rent additional pumps in response to the June 21, 2006, rainfall.  After reviewing two proposals, he recommends a purchase agreement with Howard T. Moriarty Co. for additional pumps and accessories in an amount not to exceed $40,217 and he requests the bidding process be waived to facilitate immediate acquisition of the pumps.

Mr. BUEHRER moved the necessary legislation be prepared to declare a real and present emergency and to authorize a purchase agreement with Howard T. Moriarty Co. in an amount not to exceed $40,217 for pumps and accessories, as requested.   Roll call: All members present voting yea, the Chair declared the motion carried. 

A letter from the Commissioner of Public Service requesting authorization of a contract for furnace and ductwork replacement at the Water Tower offices was read.  He stated that a proposal was received from M&M Heating and Cooling in an amount not to exceed $5,906.

Mrs. BARLOS moved the necessary legislation be prepared to authorize a contract with M&M Heating and Cooling in an amount not to exceed $5,906 for replacement furnace and ductwork for the Dussel Drive Water Tower, as requested.  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 license to the Sahara Restaurant, 336 West Dussel Drive, was read.  He stated that the applicant, Youssef Saadeh, wishes to transfer a class “D-1, D-2, or D-3” liquor permit to the restaurant at Arrowhead Shops.  He said the application is to be filed under the Ohio Revised Code Section 4303.29, and considered an economic development transfer.  He added that applicants are required to notify the affected political subdivision and have it acknowledged that said transfer is in regard to an economic development project due to the jobs created at the restaurant.

Mr. PAUKEN moved to authorize the administration to prepare a letter of support, as requested.  Roll call: All members present voting yea, the Chair declared the motion carried. 

Mrs. Barlos read the following report from the Code Committee: 

CODE Committee Report

The Code Committee met on Thursday, July 13, 2006 to discuss the Tree Commission’s Recommendation regarding ash trees and the proposed Maumee Charter Amendment regarding continuity of government during a state of emergency.  Present at the meeting were committee members Barlos, Buehrer and Zimmerman and Law Director Sheilah McAdams, Assistant Finance Director Linda Wilker and Tom Dibling from the Tree Commission.

We started with a discussion of the ash tree recommendations from the Maumee City Tree Commission.  The committee heard from Mr. Dibling about the present danger of infestation by the Emerald Ash Borer of the ash trees in Maumee.  Because of the fact that the city has many areas where ash trees are the predominant trees, the commission has made several recommendations regarding removal and replacement of these trees to prevent deforesting of certain areas of the city.  The committee unanimously recommends placing the ash tree on the list of undesirable street trees so no new ash trees will be planted.  We also recommend that new commercial and manufacturing developments within the city be advised not to plant ash trees.  The recommendation by the Tree Commission to begin the gradual removal and replacement of ash trees should be referred to the Service Department for their input on implementation.

The committee then had a discussion about the proposed charter amendment, put together and recommended by our Law Director.  We went through the proposed language (attached) and discussed certain questions including, what constitutes an emergency, appointing designees and the prevention of abuse of this policy.  After this discussion, the recommendation was made to refer the proposed City of Maumee Charter Amendment regarding the continuity of government during a state of emergency to the Charter Review Commission for their review.

Respectfully submitted,

                Jenny Barlos, Chair
                   
Todd Zimmerman, Member

                    Brent Buehrer, Member

 Mrs. BARLOS moved to amend Maumee Code, Section 966.02, to place the ash tree on the list of prohibited street trees.  Roll call:  All members present voting yea, the Chair declared the motion carried.

Mrs. BARLOS moved that the recommendation of the Tree Commission to begin the gradual removal and replacement of ash trees be referred to the Service Department.  Roll call:  All members present voting yea, the Chair declared the motion carried.

Mrs. BARLOS moved the proposed charter amendment regarding the continuity of government during a state of emergency be referred to the Charter Review Advisory Commission.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Mr. BRAINARD moved to refer discussion of the following topics to the Personnel Committee:

·         Pilot program for supervisory training;

·         Directors’ job descriptions and evaluations;

·         Review of current personnel policies; and

·         General discussion of HR-related items and priorities.

Roll call:  All members present voting yea, the Chair declared the motion carried. 

Legislation was considered at this time. 

ORDINANCE NO.                128 – 2006                AUTHORIZING PURCHASE OF LEAF LOADER FOR THE DEPARTMENT OF PUBLIC SERVICE, AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only.

Mr. BRAINARD moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Brainard, Buehrer, Carr, Pauken and Zimmerman (6) voting yea; nays, none.

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

So the Ordinance was passed. 

ORDINANCE NO.                129 – 2006                DECLARING A REAL AND PRESENT EMERGENCY AND AUTHORIZING CONTRACT FOR PURCHASE OF STANDBY PUMPS, 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, Pauken and Zimmerman (6) voting yea; nays, none.

Mrs. BARLOS moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Buehrer, Carr, Pauken and Zimmerman (6) voting yea; nays, none.

So the Ordinance was passed. 

ORDINANCE NO. 130-2006                DECLARING A REAL AND PRESENT EMERGENCY AND AUTHORIZING CONTRACT FOR BUILDING HVAC SERVICES FOR DUSSEL DRIVE WATER TOWER STRUCTURE, 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, Pauken and Zimmerman (6) voting yea; nays, none.

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

So the Ordinance was passed. 

ORDINANCE NO. 131-2006                APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS PURPOSES.

The Clerk read the Ordinance by title only.

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

So the Ordinance was passed. 

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

When Council returned from executive session, Mr. CARR moved to adjourn until 7:30 p.m., Monday, August 7, 2006, carried v.v.