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 February 17, 2003 meeting and to approve the Minutes Journal. Roll call: All members present voting yea, the Chair declared the motion carried.

ORDINANCE NO. 39 – 2003 AUTHORIZING AGREEMENT WITH POGGEMEYER DESIGN GROUP FOR SERVICES RELATIVE TO PROPOSED SAFETY TRAINING FACILITY IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mr. COYLE. Passed by 7-0 vote.

ORDINANCE NO. 40 – 2003 AUTHORIZING AMENDMENT TO CONTRACT WITH LUCAS COUNTY BOARD OF HEALTH RELATIVE TO PUBLIC HEALTH SERVICES FOR THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BRAINARD. Passed by 6-0 vote. Barlos (1) abstaining.

ORDINANCE NO. 41 – 2003 DECLARING A REAL AND PRESENT EMERGENCY AND AUTHORIZING PURCHASE OF SALT FOR MUNICIPAL OPERATIONS, AND DECLARING AN EMERGENCY. Motion to pass by Mrs. BARLOS. Passed by 7-0 vote

ORDINANCE NO. 42 – 2003 AUTHORIZING CONTRACT RELATIVE TO RENDERING TEACHING AND ADMINISTRATIVE SERVICES IN THE CITY OF MAUMEE. Motion to pass by Mr. SHOOK. Passed by 7-0 vote.

ORDINANCE NO. 43 – 2003 ACCEPTING BID FOR THE IMPROVEMENT OF WILLIAM STREET BETWEEN CERTAIN POINTS IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BUEHRER. Passed by 7-0 vote.

ORDINANCE NO. 44 – 2003 AUTHORIZING CONTRACTS RELATIVE TO PROPERTY, LIABILITY, AND EXCESS INSURANCE COVERAGE FOR THE CITY OF MAUMEE AND DECLARING AN EMERGENCY. Motion to pass by Mr. ZIMMERMAN. Passed by 7-0 vote.

Mr. SHOOK moved the report of the Administration regarding a 150 day moratorium on building permits for commercial buildings over 50,000 square feet be tabled to the March 17, 2003, meeting. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from Richard Chase, attorney for Lutheran Homes Society, requesting reconsideration of tax abatement for the senior housing project at 2501 River Road was read. And, a letter from Mr. Chase requesting all matters regarding this project be deferred to the next regular meeting of Council was presented. Mr. ZIMMERMAN moved the matter be tabled until the March 17, 2003, meeting. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from Councilman Buehrer requesting reconsideration of the loan agreement with the Lutheran Homes Society for the senior housing project at 2501 River Road was read. Mr. BUEHRER moved the matter be tabled until the March 17, 2003, meeting. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Municipal Planning Commission recommending approval of the final plan for a Planned Unit Development at 2501 River road to allow construction of a 70 unit senior housing facility was read. Mr. SHOOK moved the matter be tabled until the March 17, 2003, meeting. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor appointing Janet Wolff, 320 W. William Street, to the ADA Advisory Commission to an unexpired two year term ending March 1, 2004, was read. Mr. BUEHRER moved the appointment be confirmed. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor appointing Raymond Kozina, 1402 Key Street, to Firefighter I was read. Mr. CARR moved the appointment be confirmed. 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 additional road salt was read. He requested authorization to purchase an additional 1,000 tons of rock salt from Cargill Salt, Inc. at the current contract price of $33.47 per ton including piling service. Mr. SHOOK moved the necessary legislation be prepared to authorize the purchase of 1,000 tons of rock salt from Cargill Salt, Inc., as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director regarding a request from Maumee Little League to allow installation of vending machines at three ball fields was read. He stated the Little League has a quota for sales through a contract with Pepsi Cola of America and vending machines will aid in meeting the quota. He recommended the City reserve the right to rescind this permission and that the City be held harmless for damages or liability issues. Mrs. BARLOS moved to approve installation of vending machines at three ball fields, as recommended. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Police Chief requesting authorization of contracts for Safety City teachers was read. He stated the contracts are for a total of $4,676 the same amount as 2002. Mr. BRAINARD moved the necessary legislation be prepared to authorize contracts for Safety City teachers in the amount of $4,676, 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 reconstruction of William Street was presented. He stated four bids were received and he recommends the low bid of Miller Brothers Construction, Inc., in the amount of $865,967.30 for the William Street Reconstruction and $52,971.00 for asphalt imprinting in the 100 blocks of William Street. Mr. BUEHRER moved the bid of Miller Brothers Construction, Inc., be declared the lowest and best and the necessary legislation be prepared to authorize a contract in the amount of $918,938.30 . Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Shook gave a verbal report of the Committee of the Whole which met just prior to this meeting. He stated bids received for reconstruction of William Street was discussed. Also discussed was the propriety of including on the agenda matters of tax abatement and loan agreement previously decided by Council. It was also reported that the administration's report regarding a moratorium on issuing certain building permits would not be available until the next Council meeting.

Mr. Zimmerman read the following report from the Finance Committee meeting of February 24, 2003. (Report in full in Minutes Journal.) Mr. ZIMMERMAN moved the report be approved in its entirety. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Zimmerman read the following report from the Finance Committee meeting of February 26, 2003. (Report in full in Minutes Journal.) Mr. ZIMMERMAN moved the report be approved in its entirety. Roll call: All members present voting yea, the Chair declared the motion carried.

Howard Perry, ProMedica Health System, read a letter from Barbara Steele, President of ProMedica Central Region, in opposition to proposed amendments to C-M Zoning District Regulations and Large Scale Retail Construction Moratorium.

Patty Reynolds, Property Rights Coalition, and Dale Fallat, The Andersons, also spoke in opposition to the proposed moratorium on commercial buildings over 50,000 square feet and proposed changes to C-M zoning district regulations.

George Gusses, 2822 River Road; Gabriel Barrow, 716 Inwood Place; Ed Gemerchak, 2820 River Road; Fred Collins, 646 Miami Manor; and Brad Reynolds, 2308 State Blvd; all spoke in opposition to the proposed senior housing project at 2501 River Road and the request for reconsideration of a tax abatement for the project.

Joanne Brell, 713 River Glen, requested Council consider the need for a neighborhood park near 2501 River Road especially because of the increase in the number of housing units at Riverside Commons.

Legislation was considered at this time.

Mr. BUEHRER moved to adjourn to executive session to discuss the purchase and sale of real estate, a personnel matter, and pending 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 8 p.m., Tuesday, March 17, 2003, carried v.v. 

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Monday, March 17, 2003

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

Mr. SHOOK moved to suspend reading the minutes of the March 3, 2003 meeting and to approve the Minutes Journal. Roll call: All members present voting yea, the Chair declared the motion carried.

ORDINANCE NO. 45 – 2003 AUTHORIZING CONTRACT RELATIVE TO RENDERING TEACHING SERVICES IN THE CITY OF MAUMEE. Motion to pass by Mr. COYLE. Passed by 7-0 vote.

ORDINANCE NO. 46 – 2003 ACCEPTING BID RELATIVE TO LIGHTING IMPROVEMENTS AT FORD FIELD, AUTHORIZING EXECUTION OF CONTRACT, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BRAINARD. Passed by 7-0 vote.

ORDINANCE NO. 47 – 2003 AUTHORIZING EMPLOYMENT OF PROUDFOOT ASSOCIATES, ENGINEERS, RELATIVE TO TRAFFIC STUDY SERVICES FOR THE ANTHONY WAYNE TRAIL/MONCLOVA ROAD AND ARROWHEAD ROAD/DUSSEL DRIVE INTERSECTIONS IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mrs. BARLOS. Passed by 7-0 vote.

RESOLUTION NO. 48 – 2003 AUTHORIZING THE MAYOR AND MUNICIPAL CLERK TO FILE AN APPLICATION WITH THE COMMUNITY PARTNERSHIP OF TOLEDO TO PARTICIPATE IN THE COPS-N-SHOPS GRANT PROGRAM, AUTHORIZING ACCEPTANCE OF GRANT, AND DECLARING AN EMERGENCY. Motion to pass by Mr. SHOOK. Passed by 7-0 vote.

ORDINANCE NO. 49 – 2003 AUTHORIZING EMPLOYMENT OF G.M. BARTON SURVEY RELATIVE TO TOPOGRAPHICAL SURVEY WORK AT ROLF FOR THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BUEHRER. Passed by 7-0 vote.

ORDINANCE NO. 50 – 2003 AN ORDINANCE TO REVISE THE CODIFIED ORDINANCES BY ADOPTING CURRENT REPLACEMENT PAGES, AND DECLARING AN EMERGENCY. Motion to pass by Mr. ZIMMERMAN. Passed by 7-0 vote.

RESOLUTION NO. 51 – 2003 AUTHORIZING THE MAYOR AND MUNICIPAL CLERK TO FILE AN APPLICATION WITH OHIO DEPARTMENT OF COMMERCE DIVISION OF STATE FIRE MARSHALL RELATIVE TO FIREFIGHTER TRAINING GRANT, AUTHORIZING ACCEPTANCE OF GRANT, AND DECLARING AN EMERGENCY. Motion to pass by Mr. CARR. Passed by 7-0 vote.

ORDINANCE NO. 52 – 2003 AUTHORIZING AGREEMENT WITH SEAGATE FOUNDATION SERVICES RELATIVE TO FOUNDATION REPAIR AT THE WOLCOTT HOUSE IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mr. COYLE. Passed by 7-0 vote.

ORDINANCE NO. 53 – 2003 AUTHORIZING CONTRACT WITH COMMUNICA, INC., RELATIVE TO RENOVATION OF INTERNET WEB SITE FOR THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BRAINARD. Passed by 7-0 vote.

ORDINANCE NO. 54 – 2003 AUTHORIZING FILING OF APPLICATION WITH OHIO DEPARTMENT OF NATURAL RESOURCES FOR FUNDS UNDER THE OHIO BICENTENNIAL LEGACY TREE PLANTING INITIATIVE, AND DECLARING AN EMERGENCY. Motion to pass by Mrs. BARLOS. Passed by 7-0 vote.

ORDINANCE NO. 55 – 2003 MAKING APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF MAUMEE, OHIO, DURING THE FISCAL YEAR ENDING DECEMBER 31, 2003. Motion to pass by Mr. SHOOK. Passed by 7-0 vote.

ORDINANCE NO. 56 – 2003 APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS PURPOSES. Motion to pass by Mr. BUEHRER. Passed by 7-0 vote.

A report of the Administrator regarding retail/commercial development and a proposal for a 150 day moratorium on building permits for commercial buildings over 50,000 square foot was presented. Mrs. BARLOS moved the report be accepted and placed on file. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Shook stated that, although Councilmember Buehrer is unable to arrive before 8:30 p.m., Mr. Buehrer wishes to participate in the discussion of three items on the agenda regarding the request of the Lutheran Homes Society for permission to build a senior housing facility and related financial incentives for the project. Mr. SHOOK moved items 4.b, 4.c, and 4.d on the agenda be moved to the end of the meeting. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor appointing Carol Dills, 634 Miami Manor; Barbara Betz, 624 Miami Manor; and Leonard Schneider, 1158 Holgate, to the ADA Advisory Commission to two year terms ending March 1, 2005, was read. Mr. CARR moved the appointments be confirmed. Roll call: All members present voting yea, the Chair declared the motion carried.

A tabulation of bids for replacement lighting for Ford Field Little League diamond was presented. The Service Director stated six bids were received and he recommends the low bid of Helm and Associates in the amount of $36,983. Mr. ZIMMERMAN moved the bid of Helm and Associates be declared the lowest and best and the necessary legislation be prepared to authorize a contract in the amount of $36,983, as recommended. 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 the study of traffic at Anthony Wayne Trail/Monclova Road and Arrowhead Road/Dussel Drive intersections was read. He stated the Intersection Safety Review Team has recommended a traffic study be performed at these intersections due to the high percentage of injury accidents. He further stated Proudfoot Associates have submitted a proposal in the amount of $13,800 to study both intersections. Mr. Brainard requested the results of the study be provided to the Safety Committee and the committee be involved in reviewing recommendations for improvements. Mr. COYLE moved the necessary legislation be prepared to authorize a contract with Proudfoot Associates in the amount of $13,800, as recommended. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Police Chief requesting authorization to apply for grant funds in the amount of $722 for "Cops N Shops" was read. He stated the Community Partnership of Toledo is offering grant funds for Underage Access Enforcement relative to underage consumption of alcohol. Mr. BRAINARD moved the necessary legislation be prepared to authorize application of a grant for "Cops N Shops" in the amount of $722, 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 for grant funds for the purchase of bullet proof vests was read. He stated the Bureau of Justice Administration again is funding the Bulletproof Vest Partnership Grant. He further stated the police division needs to purchase six vests in 2003 at a cost of $3,550 and the grant would reimburse up to 50% of this cost or $1,775. Mr. SHOOK moved the necessary legislation be prepared to authorize application and acceptance of a grant for the purchase of bullet proof vests, 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 with G.M. Barton Survey for a topographical study of Rolf Park was read. He stated a topographical survey is needed to accurately depict the location of water lines, sprinkler heads, sewer lines and various structures, as well as surface elevations. He presented a proposal that G.M. Barton Survey has submitted in the amount of $9,400. Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize a contract with G.M. Barton Survey in the amount of $9,400 for a topographical survey, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

The annual reports of the Police Division and the Service Department were presented. Mr. SHOOK moved the reports be accepted and placed on file. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Finance Director requesting legislation adopting updates to the Municipal Code of Ordinances was read. He stated revisions to the Codified Ordinances of the City have been prepared by W.H. Drane Company and include various Maumee ordinances passed in 2002 and changes in the Traffic, General Offenses, and Fire Prevention sections to conform with the Ohio Revised Code. The changes have been reviewed by and endorsed by the Administration. Mrs. BARLOS moved the necessary legislation be prepared to adopt updates to the Municipal Code of Ordinances, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Chief of Firefighting requesting authorization to apply for and accept a Firefighter Training Grant was read. He stated the grant is through the State Fire Marshall's office. Mr. BRAINARD moved the necessary legislation be prepared to authorize application and acceptance of a Firefighter Training Grant, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Administrator regarding the extension of dispatch service agreements with Monclova Township and Waterville Village was read. He stated that on December 31, 2003, our dispatch agreements with the Village of Waterville and Monclova Township expire and both have indicated interest in extending the service agreements. Mr. CARR moved the matter be referred to the Safety Committee for study. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Commissioner of Community Development requesting authorization to purchase Ohio Bicentennial flags and banners was read. He stated Liberty Flag Company, Coshocton, Ohio, has quoted a cost of $689.10 for twelve Bicentennial banners and six flags to be used in the uptown area to promote the historical significance of the State of Ohio's Bicentennial. Mr. SHOOK moved to authorize the purchase of banners and flags from Liberty Flag Company in the amount of $689.10, 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 foundation repair for Wolcott House was read. He stated two bids were received with the lowest and best from Seagate Foundation Services in the amount of $11,500. Mrs. BARLOS moved the bid of Seagate Foundation Services be declared the lowest and best and the necessary legislation be prepared to authorize a contract in the amount of $11,500, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from State Representative Lynn Olman requesting the City's support for proposed increases in state levied gasoline and fuel taxes was read. Mr. SHOOK moved the matter be referred to the Public Information Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Tax Commissioner requesting Council endorse opposition to state imposed changes to City income tax collection was read. Mr. SHOOK moved the matter be referred to the Public Information 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 website development services was read. He stated the web development team recommends a contract with Communica, Toledo, in the amount of $8,690. Mr. COYLE moved the Chairman of the Public Information be added to the administration's website development committee. 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 Communica in the amount of $8,690, as recommended. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Buehrer arrived at this time.

A letter from the Monclova Township Administrator requesting permission to designate the Maumee Municipal Building as its alternate seat of government in the event of an emergency was read. He stated the Regional Joint Task Force for Emergency Response Planning has recommended that political subdivisions establish alternate sites for seats of government for the event of an emergency or disaster. Mr. ZIMMERMAN moved to authorize the designation of the Maumee Municipal Building as the alternate seat of government for Monclova Township in the event of an emergency, 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 to apply for and accept a grant for tree planting for the Anthony Wayne Trail was read. He stated the grant is through the Ohio Department of Natural Resources along with the Ohio Environmental Protection Agency and the Ohio Bicentennial Commission and is a matching grant. The application request is for $2,500 of $5,000 to be used for the Anthony Wayne Trail between Detroit Avenue and Key Street. Mr. BRAINARD moved the necessary legislation be prepared to authorize application and acceptance of the Ohio Bicentennial Legacy Tree Planting Initiative grant in the amount of $2,500. Roll call: All members present voting yea, the Chair declared the motion carried.

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

When Council returned to regular session, a letter from Richard Chase, attorney for Lutheran Homes Society, requesting reconsideration of tax abatement for the senior housing project at 2501 River Road (continued from March 3) was presented. Mr. Carr stated the request is for reconsideration of a previous decision of Council and is out of order as an agenda item. He further stated a member of Council that voted for the prevailing side must ask for reconsideration of an issue by the next scheduled meeting of Council in order for the decision to be reconsidered according to the Rules of Council. Mr. CARR moved the matter of tax abatement for the senior housing project at 2501 River Road be removed from the agenda. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from Councilman Buehrer requesting reconsideration of the loan agreement with the Lutheran Homes Society for the project at 2501 River Road (continued from March 3) and a letter from Councilman Buehrer requesting independent accounting review of the Riverwalk/Limited Partnership proforma worksheet were presented. Mr. BUEHRER moved the letters be removed from the agenda. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Municipal Planning Commission recommending approval of the final plan for a Planned Unit Development at 2501 River Road to allow construction of a 70 unit senior housing facility was read at the March 3, 2003, meeting. Mr. Zimmerman stated it has been fifteen months since the project began and the "proforma" financial analysis apparently has changed according to statements by the developer's counsel of inadequate funds for payments of debt service. He requested the Administration meet with the Lutheran Homes Society to discuss and update the proforma. Mr. ZIMMERMAN moved the matter be tabled to the April 7, 2003, meeting and a public hearing be set for that date. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Shook gave a verbal report of the Committee of the Whole which met just prior to this meeting. He stated an executive session was held during Committee of the Whole to discuss the purchase of real estate and pending litigation. When Committee of the Whole returned to regular session, the letter regarding a study of traffic at Anthony Wayne Trail/Monclova Road and Arrowhead Road/Dussel Drive intersections was discussed.

Mr. Zimmerman read the following report from the Finance Committee. (Report in full in Minutes Journal.) Mr. ZIMMERMAN moved the report be approved in its entirety. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Coyle read the following report from the Public Information Committee. (Report in full in Minutes Journal.) Mr. COYLE moved the report be approved in its entirety. Roll call: All members present voting yea, the Chair declared the motion carried.

Gabriel Barrow, 716 Inwood Place; John Mockensturm, 738 E. Carisbrook; and John Swanson, 731 Inwood Place, all spoke in opposition to the proposed senior housing project at 2501 River Road.

Arthur Graham, 5151 Jerome Road, spoke in favor of a moratorium on building permits for commercial buildings over 50,000 square feet.

Mr. CARR moved the matter of an ordinance to regulate businesses engaged in a "Sexually Oriented Business" be referred to the Code Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

Legislation was considered at this time.

Mr. SHOOK moved to adjourn until 8 p.m., Monday, April 7, 2003, carried v.v.

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Monday, April 7, 2003

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 March 17, 2003 meeting and to approve the Minutes Journal. Roll call: All members present voting yea, the Chair declared the motion carried.

RESOLUTION NO. 57 - 2003 AUTHORIZING THE MAYOR AND MUNICIPAL CLERK TO FILE AN APPLICATION TO PARTICIPATE IN THE BUREAU OF JUSTICE ADMINISTRATION BULLETPROOF VEST PARTNERSHIP 2003, AUTHORIZING ACCEPTANCE OF GRANT, AND DECLARING AN EMERGENCY. Motion to pass by Mr. COYLE. Passed by 7-0 vote.

ORDINANCE NO. 58 - 2003 AUTHORIZING EXECUTION OF CONTRACT WITH MOTOROLA RELATIVE TO RADIO MAINTENANCE FOR THE DIVISION OF POLICE OF THE DEPARTMENT OF PUBLIC SAFETY OF THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BRAINARD. Passed by 7-0 vote.

ORDINANCE NO. 59 - 2003 AUTHORIZING EXECUTION OF CONTRACT WITH MOTOROLA RELATIVE TO RADIO MAINTENANCE FOR THE DIVISION OF FIRE OF THE DEPARTMENT OF PUBLIC SAFETY OF THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mrs. BARLOS. Passed by 7-0 vote.

ORDINANCE NO. 60 - 2003 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. Motion to pass by Mr. SHOOK. Passed by 7-0 vote.

ORDINANCE NO. 61 - 2003 AUTHORIZING AGREEMENT WITH FELLER, FINCH, AND ASSOCIATES, RELATIVE TO ENGINEERING SERVICES FOR ANTHONY WAYNE TRAIL RESURFACING PROJECT, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BUEHRER. Passed by 7-0 vote.

RESOLUTION NO. 62 - 2003 AUTHORIZING THE MAYOR AND MUNICIPAL CLERK TO FILE AN APPLICATION WITH THE FEDERAL EMERGENCY MANAGEMENT AGENCY, AUTHORIZING ACCEPTANCE OF GRANT, AND DECLARING AN EMERGENCY. Motion to pass by Mr. ZIMMERMAN. Passed by 7-0 vote.

ORDINANCE NO. 63 - 2003 AUTHORIZING AGREEMENT WITH BOWLING GREEN STATE UNIVERSITY FOR MAUMEE COMMUNITY BAND AND DECLARING AN EMERGENCY. Motion to pass by Mr. CARR. Passed by 7-0 vote.

ORDINANCE NO. 64 - 2003 AUTHORIZING EXECUTION OF AND ACCEPTING LICENSE FROM DR. MICHAEL BENTLEY, AND DECLARING AN EMERGENCY. Motion to pass by Mr. COYLE. Passed by 7-0 vote.

ORDINANCE NO. 65 - 2003 AUTHORIZING EMPLOYMENT OF FINKBEINER, PETTIS & STROUT, INC., RELATIVE TO PROVISION OF CONSTRUCTION PHASE ENGINEERING SERVICES FOR THE RECONSTRUCTION OF WILLIAM STREET AND WAYNE STREET IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BRAINARD. Passed by 7-0 vote.

ORDINANCE NO. 66 - 2003 AUTHORIZING CONTRACT WITH GAYE E. GINDY RELATIVE TO AUDIT OF BUREAU OF MOTOR VEHICLE RECORDS, AND DECLARING AN EMERGENCY. Motion to pass by Mrs. BARLOS. Passed by 7-0 vote.

ORDINANCE NO. 67 - 2003 AUTHORIZING EMPLOYMENT OF DESIGN ENGINEERS & CONSULTING ASSOCIATES, INC., RELATIVE TO PROVISION OF ELECTRICAL DESIGN SERVICES RELATIVE TO THE CONANT STREET STREETSCAPE IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mr. SHOOK. Passed by 7-0 vote.

ORDINANCE NO. 68 - 2003 AUTHORIZING EXECUTION OF SUB-RECIPIENT AGREEMENT WITH LUCAS COUNTY COMMISSIONERS RELATIVE TO FORD FIELD RESTROOM IMPROVEMENTS AND DECLARING AN EMERGENCY. Motion to pass by Mr. BUEHRER. Passed by 6-0 vote. Barlos (1) abstaining.

ORDINANCE NO. 69 - 2003 AUTHORIZING AGREEMENT WITH TOLEDO FENCE AND SUPPLY CO. RELATIVE TO FENCING AT FAIRFIELD PARK AND DECLARING AN EMERGENCY. Motion to pass by Mr. ZIMMERMAN. Passed by 7-0 vote.

ORDINANCE NO. 70 - 2003 AUTHORIZING CONTRACT WITH TOLTEST, INC., RELATIVE TO ENVIRONMENTAL TESTING IN THE CITY OF MAUMEE, AND DECLARING AN EMERGENCY. Motion to pass by Mr. CARR. Passed by 7-0 vote.

RESOLUTION NO. 71 - 2003 A RESOLUTION SUPPORTING PRINCIPLE-CENTERED IMPROVEMENTS TO THE OHIO MUNICIPAL INCOME TAX SYSTEM THAT ARE MUTUALLY BENEFICIAL TO MUNICIPALITIES AND TO TAXPAYERS AND OPPOSING ANY AMENDMENT TO THE LAWS OF THE STATE OF OHIO THAT WOULD ADVERSELY AFFECT THE CITY'S ABILITY TO ADMINISTER, ENFORCE, AND COLLECT ITS INCOME TAXES EFFICIENTLY, EFFECTIVELY, AND ACCURATELY AND OPPOSING ADDITIONAL REDUCTIONS TO THE LOCAL GOVERNMENT FUND. Motion to pass by Mr. COYLE. Passed by 7-0 vote.

ORDINANCE NO. 72 - 2003 ACCEPTING DONATION OF CERTAIN ASSETS FROM SPARTAN FOODS, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BRAINARD. Passed by 7-0 vote.

ORDINANCE NO. 73 - 2003 APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS PURPOSES. Motion to pass by Mrs. BARLOS. Passed by 7-0 vote.

Dr. David Roberts, Lutheran Homes Society, Inc., asked to withdraw the application for a Planned Unit Development at 2501 River Road, to allow construction of a 70 unit, senior housing facility. Mr. ZIMMERMAN moved to accept withdrawal of the application for a Planned Unit Development at 2501 River Road. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor appointing James Howard, 326 Oxford Court, and Josh Arthur, 1001 Bowles Court, as 2003 Rolf Park summer seasonal laborers was read. Mr. BUEHRER moved the appointments be approved. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Police Chief requesting approval of a service agreement for maintenance of radio equipment was read. He stated the service agreement with Motorola Corp., is in the amount of $17,646 per year and includes the base stations for police, fire and service departments. Mr. BRAINARD moved the necessary legislation be prepared to authorize a contract with Motorola Corp., in the amount of $17,646, 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 service agreement for maintenance of portable radio equipment was read. He stated the cost of the maintenance and repair agreement with Motorola Corp., is $8,583 per year. Mr. BRAINARD moved the necessary legislation be prepared to authorize a contract with Motorola Corp., in the amount or $8,583, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from American Legion Post 320 requesting support for purchase of flags and related items was read. Kenneth L. Morse, Finance Officer, stated the cost for American Flags and related items in 2002 was $6,487.76. Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize a donation of $3,000 to American Legion Post 320 for purchase of flags, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Area Office on Aging requesting renewal of the Nutrition Program Agreement was read. Billie Johnson, Executive Director, stated the 2003 amount of $8,000 is the same as 2002. Mr. ZIMMERMAN moved the necessary legislation be prepared to renew the Nutrition Program Agreement with the Area Office of Aging of Northwestern Ohio, Inc., and the Lucas County Senior Nutrition Program, 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 contract for engineering services for Anthony Wayne Trail resurfacing was read. He stated a proposal has been received from Feller, Finch and Associates in the amount of $38,000 to prepare engineering drawings and specifications for improvements to the Anthony Wayne Trail from Monclova Road to Detroit Avenue. Mr. SHOOK moved the necessary legislation be prepared to authorize a contract with Feller, Finch and Associates, in the amount of $38,000, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Chief of Firefighting requesting authority to apply for a Federal Emergency Management Agency grant was read. He stated the grant amount is $62,850, with the City's share being $6,285, for two thermal imaging cameras, fifty 100-ft. lengths of 5-inch hose, and six cold water exposure suits. Mr. BUEHRER moved the necessary legislation be prepared to authorize application of a FEMA grant, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting approval of an auditorium rental agreement for the Community Band concert was read. He stated the cost to rent Kobacker hall at Bowling Green State University is $1,500. Mr. COYLE Moved the necessary legislation be prepared to authorize a rental agreement for rental of Kobacker Hall at Bowling Green State University, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Law Director requesting authorization of a license agreement for West William Street parking lot was read. She stated as part of the parking area improvements planned for the intersection of Conant Street and the Anthony Wayne Trail, the City has negotiated a License Agreement with Dr. Michael L. Bentley for usage and coordinated improvements to take place on his neighboring property at 123 East William Street. Mrs. BARLOS moved the necessary legislation be prepared to authorize a license agreement with Dr. Michael L. Bentley, relative to usage and improvements at 123 East William Street, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Commissioner of Public Service requesting a contract for construction phase engineering services for the William and Wayne Streets reconstruction projects was read. He stated Finkbeiner, Pettis and Strout has proposed an agreement in the amount of $15,100 for the bidding and construction phases. Mrs. BARLOS moved the necessary legislation be prepared to authorize a contract with Finkbeiner, Pettis and Strout in the amount of $15,100, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Finance Director requesting approval of a contract to audit motor vehicle registration records was read. He stated the audit of 2001 registrations resulted in refunds of over $40,300 to the City for fees of $1,644.50. Mr. BUEHRER moved the necessary legislation be prepared to authorize a contract with Gaye E. Gindy to audit Bureau of Motor Vehicle records for 2002, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Commissioner of Community Development requesting approval of an engineering contract for street lighting improvements on Conant Street was read. He stated the 100, 500 and 600 blocks of Conant Street are in need of reconstruction to conform to the current Uptown streetscape design, including period lighting, exposed aggregate sidewalks, in-laid blue stone and street trees. Design Engineers & Consulting Associates, Inc. (D.E.C.A.), has proposed a contract in the amount of $5,000 for electrical engineering services. Mr. BRAINARD moved the necessary legislation be prepared to authorize a contract with D.E.C.A. in the amount of $5,000, 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 Community Development Block Grant sub-recipient agreement for Ford Field restroom accessibility improvements was read. He stated that, although the CDBG FY-2003 was received through Lucas County, the project will be administered and contracted by the City. In order to disburse the funds, the City and the Board of Lucas County Commissioners must enter into a sub-recipient agreement. Mr. BRAINARD moved Mrs. Barlos be allowed to abstain from voting on this matter due to a conflict of interest. Roll call: All members present voting yea, the Chair declared the motion carried. Mr. BRAINARD moved the necessary legislation be prepared to authorize a CDBG sub-recipient agreement for Ford Field restroom accessibility improvements with the Board of Lucas County Commissioners, 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 Commissioner of Public Service requesting approval of a contract to erect fencing at Fairfield Park skateboard facility was read. He stated Toledo Fence & Supply Co. has submitted a proposal for installation of an eight foot tall chain link fence in the amount of $7,709. Mr. SHOOK moved the necessary legislation be prepared to authorize a contract with Toledo Fence & Supply Co., in the amount of $7,709 for installation of an eight foot fence at Fairfield Park, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from Joe Rideout, attorney for Tomahawk Development Co., appealing a decision by the Administrative Board which denied a variance for signage at Ford Street and Dussel Drive was read. He stated the requested variance would allow two 7' by 13' (91 square feet) wall signs on the building. Mr. SHOOK moved the matter be referred to the Land Use, Planning and Zoning Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Commissioner of Community Development requesting a donation to assist in the 30th Anniversary celebration of Arrowhead Park was read. He stated a two-day celebration is being planned for Friday, June 20 and Saturday, June 21, 2003. Mr. CARR moved the necessary legislation be prepare to authorize donation of $10,000 to assist with the 30th Anniversary celebration of Arrowhead Park, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting permission to advertise for bids for construction of E. William Street parking lot was read. He stated the project includes the parking lot, period lighting, and landscape wall. Mrs. BARLOS moved to authorize the Service Department advertise for bids for construction of the E. William Street parking lot. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting a Resolution of Necessity for a sanitary sewer improvement in the 200 block of E. William Street was read. Mr. BUEHRER moved the matter be referred to the Water & Sewers Committee. 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 soil testing services was read. He stated two proposals were received and he recommended the proposal of Toltest, Inc., in the amount of $7,154. Mr. BRAINARD moved the necessary legislation be prepared to authorize a contract with Toltest, Inc., in an amount not to exceed $7,154 for soil testing, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Law Director requesting Council to add a new chapter to the Maumee Revised Code to update the City's administrative opeating procedures in the event of a disaster or a state of emergency was read. Mr. CARR moved the matter be referred to the Safety Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from Councilman Carr pertaining to the December, 2001 referral of an amendment to the CM Zoning Regulations was read. Mr. CARR moved the matter be placed before Council. Roll call: All members present voting yea, the Chair declared the motion carried. Mr. CARR moved the matter be tabled. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. SHOOK moved a letter from Chief of Firefighting requesting acceptance of donated property from Spartan Foods be added to the agenda. Roll call: All members present voting yea, the Chair declared the motion carried. A letter from the Chief of Firefighting requesting acceptance of donated property from Spartan Foods was read. He stated tht three Scott air packs and six Tychem hazardous materials suits, valued at $9,000, were donated to the Fire Division for training purposes. Mrs. BARLOS moved the necessary legislation be prepared to authorize acceptance of donated property from Spartan Foods, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. BUEHRER moved to add a personnel issue to executive session. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Shook gave a verbal report of the Committee of the Whole which met just prior to this meeting. He stated a presentation by Kirk Kern, the Commissioner of Community Development, Jim Querry and Larry Gamble of the Service Department, gave presentations on plans for the Anthony Wayne Trail beautification and E. William Street parking lot projects. Mr. Shook also stated Brittney Hartford, Maggie Porter and Luke Hale, Maumee/Penta DECA students, gave a presentation "Future of Lucas County Recreation Center". He further stated a letter from Joe Rideout, attorney for Tomahawk Development Co., and a letter from the Service Director regarding soil testing services were discussed.

Mr. Shook gave a verbal report of the Committee of the Whole which met on March 31. He stated the plans for the Maumee Indoor Theater were discussed. Mr. Coyle read the following report from the Public Information Committee. (Report in full in Minutes Journal.) Mr. COYLE moved the report be approved in its entirety. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. CARR moved to approve the plans for the Anthony Wayne Trail beautification project and to appropriate an amount not to exceed $5,000 for same. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. CARR moved Mrs. Barlos and Mr. Shook be allowed to abstain from voting on the issue of a donation to Maumee City Schools. Roll call: All members present voting yea, the Chair declared the motion carried. Mr. ZIMMERMAN moved the matter of a donation to or partnership with Maumee City Schools for an auditorium be referred to the Finance Committee. Roll call: Brainard, Buehrer, Carr, Coyle and Zimmerman (5) voting yea; nays none; Barlos and Shook (2) abstaining. The Chair declared the motion carried by a 5-0 vote.

Legislation was considered at this time.

Mr. SHOOK moved to adjourn to executive session to discuss the purchase and sale of real estate, pending litigation and a personnel issue. 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 8 p.m., Monday, April 21, 2003, carried v.v.

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Monday, April 21, 2003

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

Mr. SHOOK moved to suspend reading the minutes of the April 7, 2003 meeting and to approve the Minutes Journal. Roll call: All members present voting yea, the Chair declared the motion carried.

ORDINANCE NO. 74 – 2003 AUTHORIZING CONTRACT WITH HARBOR BEHAVIORAL HEALTHCARE RELATIVE TO EMPLOYEE ASSISTANCE SERVICES FOR THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BRAINARD. Passed by 6-0 vote.

ORDINANCE NO. 75 – 2003 AUTHORIZING PURCHASE OF CELLULAR TELEPHONES FROM NEXTEL, AND DECLARING AN EMERGENCY. Motion to pass by Mrs. BARLOS. Passed by 6-0 vote.

ORDINANCE NO. 76 – 2003 AUTHORIZING AWARD OF JOB CREATION AND RETENTION PILOT PROGRAM GRANT TO ALLIANCE ONE, AND DECLARING AN EMERGENCY. Motion to pass by Mr. SHOOK. Passed by 6-0 vote.

ORDINANCE NO. 77 – 2003 AUTHORIZING AWARD OF JOB CREATION AND RETENTION PILOT PROGRAM GRANT TO LEAN TRAK, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BUEHRER. Passed by 6-0 vote.

ORDINANCE NO. 78 – 2003 AUTHORIZING COMPLIANCE WITH HEALTH INFORMATION PATIENT PRIVACY ACT (HIPPA) BY: ADOPTION OF POLICIES FOR PATIENT HEALTH INFORMATION RETENTION AND DISCLOSURE FOR THE CITY OF MAUMEE; APPOINTING PRIVACY OFFICER FOR DIVISION OF FIRE; AUTHORIZING EXECUTION OF BUSINESS ASSOCIATE CONTRACTS; AND DECLARING AN EMERGENCY. Motion to pass by Mr. ZIMMERMAN. Passed by 6-0 vote.

ORDINANCE NO. 79 – 2003 APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS PURPOSES. Motion to pass by Mr. CARR. Passed by 6-0 vote.

A letter from Tim Justen, 201 River Road, requesting permission to encroach on City right of way by erecting a fence was read. A letter from the Service Director stated the proposed fence would be constructed within a portion of the Jackson Street and Wayne Street right of way. He further stated the Administrative Board has granted a variance with respect to the height of the fence and granted architectural approval. Mrs. Barlos stated the bushes have presented visibility problems and should be maintained. Mr. SHOOK moved to approve the encroachment contingent upon the continued trimming of shrubbery on the property and the signing of "acknowledgement and hold harmless" release by Mr. Justen. Roll call: All members present voting yea, the Chair declared the motion carried.

Notices from the Ohio Division of Liquor Control regarding 1) the annual expiration of all permits and the process for renewal; 2) a change of ownership of permits for Seaway Food Town, Inc., at 127 Golden Gate and 2527 Parkway Plaza to Buckeye Discount, Inc., dba Pharm; and 3) an application for a new permit for GMRI, Inc., dba Smokey Bones BBQ Sports Bar next to 540 Dussel Drive were presented. Mr. ZIMMERMAN moved the notice of annual expiration of all permits be placed on file, and the administration be directed to object to the renewal of the license for BAS Enterprises, Inc., 1500 Holland Road, due to continued violations. Roll call: All members present voting yea, the Chair declared the motion carried. Mr. BUEHRER moved the notice of change of ownership for permits of Seaway Food Town, Inc., be placed on file. Roll call: All members present voting yea, the Chair declared the motion carried. Mr. SHOOK moved the application for a new permit for GMRI, Inc., dba Smokey Bones BBQ Sports Bar be placed on file. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Administrator/Safety Director requesting approval of renewal of the contract for Employee Assistance Program services was read. He stated there is no increase in the cost for 2003-2004 which is $27.50 per enrolled employee per year. Mr. BRAINARD moved the necessary legislation be prepared to authorize a contract with Harbor Behavioral Healthcare, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Chief of Fire Prevention recommending legislation be adopted regarding Fire Prevention Regulations and charges for services was read. He requested new items be added to the Code regarding Fire Alarm Control Panel Identification, Fire Safety Inspector Attendance Fee, and Suspension or Revocation of Fire Safety Permits. Mr. CARR moved the matter be referred 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 the purchase of cellular phones was read. He stated the new, multi-function phones from Nextel, Inc., would replace both the cellular phones and pagers the City currently uses. He further stated the total cost is $2,545.29 to purchase forty i95 phones, fifteen i90 phones and fourteen i60 phones. Mr. Brainard inquired of the status of the current cellular phone contract. The Law Director stated no specific contract had been authorized by Council. Mr. SHOOK moved the necessary legislation be prepared to authorize the purchase of phones and service from Nextel, Inc., as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Administrator/Safety Director recommending approval of a Job Creation and Retention grant to Alliance One, Inc., a collection agency, to retain 110 jobs at 1724 Indian Wood Circle was read. He stated he recommends a Job Creation and Retention Grant be awarded to Alliance One, in the amount of up to $150,000 payable over the next ten years. Mrs. BARLOS moved the necessary legislation be prepared to authorize a Job Creation and Retention Grant to Alliance One, Inc., as recommended. Roll call: All members present voting yea, the Chair declared the motion carried. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Administrator/Safety Director recommending approval of a Job Creation and Retention grant to Lean Trak, Inc., an architectural and engineering firm, was read. He stated he recommends a Job Creation and Retention Grant be awarded to Lean Trak, which projects 20 new jobs, in the amount of up to $20,000 payable over the next four years. Mr. BUEHRER moved the necessary legislation be prepared to authorize a Job Creation and Retention Grant to Lean Trak, Inc., as recommended. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Law Director requesting approval of policies and agreements in order to comply with Health Information Patient Privacy Act (HIPPA) regulations was read. She stated the request is for authorization for the administration to develop and adopt policies for the handling and keeping of confidential patient health information; to appoint a HIPPA Privacy Officer for the Division of Fire; and to authorize the execution of Business Associate Contracts with Dr. Donna Woodson; Sanderson CMI; Finance System of Toledo; Lucas County EMS; and Bridge Benefits, Inc. Mr. SHOOK moved the necessary legislation be prepared to authorize the administration and the Division of Fire to develop and adopt policies for the handling and keeping of confidential patient health information; to appoint Thomas R. Wagener as the HIPPA Privacy Officer for the Division of Fire; and to authorize the execution of Business Associate Contracts, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Shook gave a verbal report of the Committee of the Whole which met just prior to this meeting. He stated Paul Sieban; Lean Trak, Inc.; and Barbara Lardinais; Alliance One, Inc.; spoke regarding the Job Creation and Retention Grant application and the company each represents. Mr. Shook also stated a letter from the Fire Chief requesting approval of the purchase of cellular phones and a letter from the Law Director regarding actions needed in order to comply with HIPPA regulations were discussed.

Mr. Shook gave a verbal report of the Parks & Recreation Committee. He stated the committee met on April 8 to discuss the plans for building a swimming pool at Rolf Park and recommends authorization be granted to solicit a proposal for a design contract with SSOE for the community swimming pool at Rolf Park and approval of a budget of $3.75 million to include the pool, landscaping, parking, water and sewer lines. Mr. Buehrer stated his belief that selection of the site for a pool should be reviewed prior to authorizing a design contract. Mr. SHOOK moved the report be accepted in its entirety. Roll call: Barlos, Brainard, Carr, Shook and Zimmerman (5) voting yea; Buehrer (1) voting nay. The Chair declared the motion carried by a 5-1 vote.

Mrs. Barlos read the following report from the Code Committee. (Report in full in Minutes Journal.) Mrs. BARLOS moved the report be accepted in its entirety. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Zimmerman gave a verbal report of the Land Use, Planning and Zoning Committee. He stated the committee met to discuss an appeal by Tomahawk Development Company for Cracker Barrel Restaurants of a decision by the Administrative Board which denied a variance for signage at Ford Street and Dussel Drive. He further stated the committee recommends a variance to allow one (1) five foot-five inch wall sign and two (2) monument signs due to the unique characteristics of the location and site plan. Mr. ZIMMERMAN moved the report be accepted in its entirety. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. CARR moved to refer the matter of attracting a grocery store to the City to the Community Development Director. Roll call: All members present voting yea, the Chair declared the motion carried.

Legislation was considered at this time.

Mr. SHOOK moved to adjourn to executive session to discuss threatened and pending litigation and the purchase 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 8 p.m., Monday, May 5, 2003, carried v.v. 

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Special Meeting - April 29, 2003

The Council of the City of Maumee, Ohio, met in special session in Council Chambers at the above time and date with the following members present: Barlos, Brainard, Buehrer, Coyle and Zimmerman (5); Carr and Shook (2) absent.

The Mayor stated he requested a special meeting in order for Council to consider a formal resolution objecting to renewal of a liquor permit. The Clerk read a proposed resolution objecting to the renewal of permits for BAS Enterprize, Inc., doing business as XO Club at 1500 Holland Road.

Mr. Carr arrived at this time.

Mr. ZIMMERMAN moved legislation be prepared objecting to renewal of the liquor permits as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

RESOLUTION NO. 80 - 2003 FILING OBJECTION WITH OHIO DEPARTMENT OF COMMERCE DIVISION OF LIQUOR CONTROL RELATIVE TO RENEWAL OF LIQUOR PERMIT OF BAS ENTERPRIZE, INC., 1500 HOLLAND ROAD, MAUMEE, OHIO, REQUESTING A HEARING IN TOLEDO, LUCAS COUNTY, OHIO, AND DECLARING AN EMERGENCY.

The Clerk read the Resolution by title only. Mr. CARR moved the rule requiring resolutions to be read fully and distinctly on three separate dates be dispensed with. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, and Zimmerman (6) voting yea; nays none. Mr. CARR moved the resolution be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, and Zimmerman (6) voting yea; nays none. Mr. CARR moved the resolution be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, and Zimmerman (6) voting yea; nays none. So the Resolution was passed.

Mrs. BARLOS moved to adjourn until 8 p. m. Monday, May 5, 2003, carried v.v.