Council Minutes
July 7 and 21, 2008

7:30 p.m. Monday, July 7, 2008  

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 16, 2008, regular meeting and approve the Minutes Journal. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor appointing Scott Libbe, 1110 Spartan Drive, as the City's representative on the St. Luke's Board of Directors for a three-year term expiring March 1, 2010, was read.
Mr. PAUKEN moved to confirm the appointment of Scott Libbe as the City's representative on the St. Luke's Board of Directors. 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 Detroit Avenue Plaza LLC for a change in zoning from C-1 Neighborhood Commercial to C-2 General Commercial for property known as Parkway Plaza at Detroit Avenue and the Anthony Wayne Trail was read. He stated that a lot split for a new 0.298-acre lot that is midway on the north property line has been approved and the application is limited to this new lot.
Mr. Buehrer questioned the possible long-term impact of C-2 uses on the shopping center.
Mrs. BARLOS moved the necessary legislation be prepared to approve a zoning change from C-1 Neighborhood Commercial to C-2 General Commercial, as recommended. Roll call: Barlos, Brainard, Carr, Coyle, Pauken and Zimmerman (6) voting yea; Buehrer (1) voting no. The Chair declared the motion carried by a vote of 6-1.

A letter from the Finance Director requesting authorization for a two-year extension to a contract for audit services with the Auditor of State and James Zupka, CPA, Inc., in an amount not to exceed $61,600 was read. He stated that an extension would provide continuity of services with no increase in price.
Mr. ZIMMERMAN moved the necessary legislation be prepared authorizing a two-year contract extension between the State of Ohio Auditor and James Zupka, CPA, Inc. in an amount not to exceed $61,600 for audit services. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Fire Chief requesting approval of a service contract with Technicore for semi-annual clinical equipment maintenance was read. He stated that the price is $1,250 for maintenance of clinical equipment, which includes defibrillators, automatic external defibrillators, autovents and battery support systems.
Mr. COYLE moved the necessary legislation be prepared to authorize a contract with Technicore, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Police Chief requesting authorization to purchase sixteen mobile and portable radios through the Lucas County 800 Mhs Interoperability Radio Project was read. He stated that cost of these radios is $55,361.25 and grant funds will cover $44,289.04 leaving $11,072.21 as the City's share. He also stated there are some accessory purchases, necessary programming services, and installation services needed, which amount to approximately $7,800.
Mr. BRAINARD moved the necessary legislation be prepared to approve a purchase agreement with Lucas County in the amount of $11,072.21 for radios. Roll call: All members present voting yea, the Chair declared the motion carried.
Mr. BRAINARD moved the necessary legislation be prepared to approve purchase agreements with Motorola in the amount of $3,976.40, with Bender Communications in the amount of $1,576.00, and with Statewide Emergency Products in the amount of $264.99 for radio accessories, programming and installation. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting authorization to advertise for and accept bids for the Underground Storage Tank Remediation project at 214 Illinois Avenue was read. He stated that the estimated cost of the project was $79,300.
Mrs. BARLOS moved the necessary legislation be prepared to authorize the administration to advertise for and accept bids for the Underground Storage Tank Remediation project at 214 Illinois Avenue. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting approval of a contract with Cross Heating and Cooling, Inc., at a cost of $2,092 for improvements to the HVAC system at the Wolcott property was read. He stated that the Frederick House at the Wolcott property is currently being cooled by three window air conditioners, which has caused problems with the electrical system. He stated that a proposal was sought to retrofit a central air system into the existing furnace, which would reduce cooling costs and improve electric efficiency.
Mrs. BARLOS moved the necessary legislation be prepared to approve a contract with Cross Heating and Cooling, Inc. in the amount of $2,092 for installation of central air conditioning at the Wolcott House Complex. 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 with SimplexGrinnell in the amount of $1,075 for fire alarm system improvements at the Senior Center was read. He stated that it was determined that equipment in the kitchen range hood needs to be connected to the fire alarm panel, which is monitored by SimplexGrinnell.
Mr. CARR moved the necessary legislation be prepared to approve a contract with SimplexGrinnell in an amount not to exceed $1,075 for fire alarm system changes at the Maumee Senior Center. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting authorization to file a grant application with Toledo Metropolitan Area Council of Governments for Transportation Enhancement Program funds was read. He stated that applications may be considered for scenic improvements and beautification projects with funding beginning in 2014. He requested authorization to submit an application to assist in funding the next phase of the Anthony Wayne Trail Beautification requesting fifty percent funding. He also stated that plans are essentially complete and the project would be ready to move forward when funding becomes available.
Mr. BRAINARD moved the necessary legislation be prepared to authorize an application with Toledo Metropolitan Area Council of Governments for Transportation Enhancement Program funds for the Anthony Wayne Trail Beautification project, and for acceptance of said grant. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Administrator/Safety Director requesting waiver of the noise ordinance to allow Maumee S.A.I.L.'s (Substance Abuse Intervention League) family movie night on August 13, 2008, from 8:00 p.m. to 11:00 p.m. on the lawn of the Maumee Branch of the Toledo Lucas County Public Library was read.
Mr. BUEHRER moved to waive the noise ordinance on August 13, 2008, as requested, for a Maumee S.A.I.L. family movie night at the Maumee Branch of the Toledo Lucas County Public Library. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Fire Chief requesting authorization of a service agreement with Pneu-Matic Engineering, Inc., Whitehouse, for bi-annual air compressor maintenance and quarterly air sample testing was read. He stated that the total annual amount of the contract is $1,097.46, an increase of $139.62 from last year.
Mr. PAUKEN moved the necessary legislation be prepared to approve a contract with Pneu-Matic Engineering, Inc. in the amount of $1,097.46 for air compressor maintenance services. Roll call: All members present voting yea, the Chair declared the motion carried.

Letter from the Law Director requesting authorization of an agreement with Reminger Co., LPA, for provision of legal services relative to case management and legal representation for the City's Workers Compensation cases was read. She stated that this agreement is needed for paralegal and attorney services to permit coverage of cases as needed. Mrs. BARLOS moved to allow Mr. Zimmerman and Mr. Buehrer to abstain due to a possible 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 an agreement with Reminger Co., LPA, for legal services relative to workers compensation. Roll call: Barlos, Brainard, Carr, Coyle and Pauken (5) voting yea; Buehrer and Zimmerman (2) abstaining. The Chair declared the motion carried by a vote of 5-0.

A tabulation of bids received by the Service Director for Rolf Park Walkway improvements, Phase II, was presented. He stated that six contractors submitted bids and he recommended the low bid of Geddis Paving and Excavating, in the amount of $38,182. He also stated that this project would be funded by CDBG Formula Grant funds through Lucas County.
Mr. CARR moved that the bid of Geddis Paving and Excavating be declared the lowest and best and that the necessary legislation be prepared to authorize a contract in the amount of $38,182 for the Rolf Park Walkway project. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Administrator requesting a resolution of support for a community public health pilot program was read. He stated that the City has been approached by Medical Mutual of Ohio concerning a three-year pilot program involving many community organizations to increase health awareness and promote healthy lifestyles. He stated that, although this is not an official City of Maumee program, it was suggested that Council endorse the initiative in order to demonstrate to the other partners of the City's support and participation in the effort.
Mr. CARR moved a resolution be prepared to endorse the "Healthy Maumee" community public health initiative. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Carr stated the Committee of the Whole met and discussed various items on the agenda.

Legislation was considered at this time.

ORDINANCE NO. 96 - 2008                     AUTHORIZING EXTENSION OF AGREEMENT BETWEEN THE CITY OF MAUMEE, THE AUDITOR OF THE STATE OF OHIO, AND JAMES G. ZUPKA, CPA, INC., RELATIVE TO PROVISION OF AUDIT SERVICES, 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. 97 - 2008                     AUTHORIZING AGREEMENT WITH TECHNICORE RELATIVE TO PROVISION OF CLINICAL EQUIPMENT 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. 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. 98 - 2008                     AUTHORIZING PURCHASE OF MOBILE AND PORTABLE RADIO EQUIPMENT FROM LUCAS COUNTY 800 MHZ INTEROPERABILITY RADIO PROJECT, 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. 99 - 2008                     AUTHORIZING CONTRACT WITH BENDER COMMUNICATIONS, RELATIVE TO MOBILE AND PORTABLE RADIOS, 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. 100 - 2008                         AUTHORIZING CONTRACT WITH MOTOROLA RELATIVE TO 800 MHZ INTEROPERABLE MOBILE AND PORTABLE RADIO EQUIPMENT FOR DEPARTMENT OF PUBLIC SAFETY, 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. 101 - 2008                         AUTHORIZING CONTRACT WITH STATEWIDE EMERGENCY PRODUCTS, RELATIVE TO 800 MHZ INTEROPERABLE MOBILE AND PORTABLE RADIO EQUIPMENT FOR DEPARTMENT OF PUBLIC SAFETY, AND DECLARING AN EMERGENCY.
The Clerk read the Ordinance by title only.
Mr. ZIMMERMAN moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, 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. 102 - 2008                         AUTHORIZING AGREEMENT WITH CROSS HEATING AND COOLING, INC., RELATIVE TO AIR CONDITIONING AT THE WOLCOTT HOUSE COMPLEX IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.
The Clerk read the Ordinance by title only.
Mr. BUEHRER moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none.
Mr. BUEHRER moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none. So the Ordinance was passed.

ORDINANCE NO. 103 - 2008                         AUTHORIZING EXECUTION OF CONTRACT WITH SIMPLEXGRINNELL FOR FIRE ALARM SYSTEM REPAIRS AT THE MAUMEE SENIOR CENTER IN THE CITY OF MAUMEE, OHIO, 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. 104 - 2008                         AUTHORIZING FILING OF APPLICATION WITH TMACOG FOR FUNDS UNDER THE TRANSPORTATION ENHANCEMENT PROGRAM, AUTHORIZING ACCEPTANCE OF GRANT, 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. 105 - 2008                             AUTHORIZING AGREEMENT WITH PNEU-MATIC ENGINEERING, INC., RELATIVE TO PROVISION OF MAINTENANCE SERVICES FOR CERTAIN AIR COMPRESSOR IN THE DIVISION OF FIRE OF THE CITY OF MAUMEE, OHIO, 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. 106 - 2008                             AUTHORIZING AGREEMENT WITH REMINGER CO., LPA, ATTORNEYS, FOR SERVICES RELATIVE TO WORKERS COMPENSATION ON BEHALF OF THE CITY OF MAUMEE, AND DECLARING AN EMERGENCY.
The Clerk read the Ordinance by title only.
Mr. CARR moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Carr, Coyle and Pauken, (5) voting yea; nays, none; Buehrer and Zimmerman (2) abstaining.
Mr. CARR moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Carr, Coyle and Pauken, (5) voting yea; nays, none; Buehrer and Zimmerman (2) abstaining. So the Ordinance was passed by a vote of 5-0.

ORDINANCE NO. 107 - 2008                             ACCEPTING BID RELATIVE TO CONSTRUCTION OF ROLF PARK WALKWAY PROJECT PHASE II, AUTHORIZING EXECUTION OF CONTRACT, 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.

RESOLUTION NO. 108 - 2008                             A RESOLUTION OF THE COUNCIL OF THE CITY OF MAUMEE ENDORSING A HEALTHY MAUMEE INITIATIVE, AND DECLARING AN EMERGENCY.
The Clerk read the Resolution by title only.
Mr. ZIMMERMAN moved the resolution be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none.
Mr. ZIMMERMAN moved the resolution be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none. So the Resolution was passed.

ORDINANCE NO. 109 - 2008                             APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS PURPOSES.
The Clerk read the Ordinance by title only.
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.

Mr. CARR moved to adjourn to Executive Session to discuss negotiation of a contract. Roll call: All members present voting yea, the Chair declared the motion carried.

The Mayor excused himself at this time due to a conflict of interest.

When Council returned from Executive Session, the Council President Carr assumed the Chair. Mr. PAUKEN moved to adjourn until 7:30 p.m., Monday, July 21, 2008. Motion carried v.v.

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7:30 p.m. Monday, July 21, 2008 

MEETING CANCELLED.