8:00 P.M. Monday, November 3, 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). 

Mr. SHOOK moved to suspend reading the minutes of the October 20, 2003 meeting and to approve the Minutes Journal.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

ORDINANCE NO.   224 – 2003  AUTHORIZING THE NORTHWEST OHIO AGGREGATION COALITION (NOAC) TO HIRE FIRST ENERGY SOLUTIONS (FES) AS ITS ENERGY SUPPLIER, AUTHORIZING THE MAYOR AND CLERK TO EXECUTE AND ENTER INTO AN ELECTRIC POWER SUPPLY AGREEMENT WITH FES, AND DECLARING AN EMERGENCY.  Motion to pass by Mr. COYLE.  Passed by 6-0 vote.  Zimmerman (1) abstaining. 

ORDINANCE NO.   225 – 2003  AUTHORIZING THE MAYOR AND THE MUNICIPAL CLERK TO ENTER INTO A CONTRACT WITH FIRST ENERGY SOLUTIONS (FES) TO PROVIDE ELECTRICITY FOR THE CITY’S SMALL COMMERCIAL OPT-OUT AGGREGATION PROGRAM, AND DECLARING AN EMERGENCY.  Motion to pass by Mr. BRAINARD.  Passed by 6-0 vote.  Zimmerman (1) abstaining. 

ORDINANCE NO.   226 – 2003  APPROVING AND AUTHORIZING EXECUTION OF CHANGE ORDER FOR WILLIAM STREET RECONSTRUCTION PROJECT, AND DECLARING AN EMERGENCY.  Motion to pass by Mrs. BARLOS.  Passed by 7-0 vote. 

ORDINANCE NO.   227 – 2003  APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS EXPENDITURES.  Motion to pass by Mr. BUEHRER.  Passed by 7-0 vote. 

ORDINANCE NO.   228 – 2003  AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF MAUMEE AND BUCKEYE REAL ESTATE MANAGEMENT CO. RELATIVE TO PURCHASE OF CERTAIN REAL PROPERTY ON BEHALF OF THE CITY OF MAUMEE, AND DECLARING AN EMERGENCY.  Motion to pass by Mr. SHOOK.  Passed by 7-0 vote. 

ORDINANCE NO.   229 – 2003  APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS PURPOSES. Motion to pass by Mr. ZIMMERMAN.  Passed by 7-0 vote. 

A letter from American Legion, Post 320, requesting donation for replacement of flags was read.  It stated that because the flags have flown on Maumee’s streets continuously since early spring, the replacement of many flags has been necessary.

Mr. CARR moved the necessary legislation be prepared to authorize donation to American Legion, Post 320, for replacement of flags in the amount of $7,323.93, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Letters from Harry McAllister and George Chapman wherein each resigned from the Municipal Planning Commission were read.  It was noted that these men together have served a total of nearly thirty-six years on the Planning Commission.  Mr. BUEHRER moved the letters be placed on file.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Mrs. BARLOS moved the tabulation of bids by the Commissioner of Public Service for the alley pavement project be withdrawn from the agenda.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Tax Commissioner requesting changes in the City’s income tax ordinance in order to conform to changes in State law was read.  Mr. BRAINARD moved the matter be referred to the Finance Committee.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Mayor appointing Charles Carr, 1222 Winghaven, to the Municipal Planning Commission to a six year unexpired term ending December 31, 2007, was read.  Mr. ZIMMERMAN moved Mr. Carr be allowed to abstain from voting due to a conflict of interest. Roll call:  All members present voting yea, the Chair declared the motion carried.  Mr. ZIMMERMAN moved the appointment be confirmed.  Roll call:  Barlos, Brainard, Buehrer, Coyle, Shook and Zimmerman (6) voting yea; nays none; Carr (1) abstaining.  The Chair declared the motion carried by a 6-0 vote. 

A letter from the Mayor appointing Mike Kramer, Scribner Street, to the position of Lieutenant of Heavy Rescue and Vince Davis, Michigan Avenue, to the position of Lieutenant of Firefighting was read.  Mrs. BARLOS moved the appointments be confirmed.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Law Director regarding Electric Aggregation and proposals to the Northwest Ohio Aggregation Coalition (NOAC) for Electric Supply contracts was read.  Mr. BRAINARD moved the issue be removed from the Public Utilities Committee and added to the agenda.  Roll call:  All members present voting yea, the Chair declared the motion carried.  Mr. CARR moved Mr. Zimmerman be allowed to abstain from voting due to a conflict of interest.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

The Law Director, based on the recommendation from NOAC, recommended approval of a contract with First Energy Solutions (FES) for the City’s residential aggregation program at a rate of 4.357 cents per kWh.  She also recommended a contract with FES for the City’s small commercial aggregation program at a rate of $0.04546 for the smaller user classes and 4% off the shopping credit for the larger commercial customers.  Mr. CARR moved the necessary legislation be prepared to authorize contracts with FES, as requested.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle and Shook (6) voting yea; nays none; Zimmerman (1) abstaining.  The Chair declared the motion carried by a 6-0 vote. 

A letter from the Director of Public Service requesting approval of a change order for final quantities for William Street reconstruction project was read.  He stated the change order is in the amount of $15,726.61 bringing the contract total to $934,665.57.  Mr. COYLE moved the necessary legislation be prepared to authorize a contract change order with Miller Brothers Construction, Inc., in the amount of $15,726.61, 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 Shawn McKee and Joe Stainbrook of Glass City Productions gave a presentation regarding their proposal to host regular youth dances, a presentation by the Law Director and Mark Frye of Palmer Energy regarding proposals for the City’s residential and small commercial electric aggregation programs, and that other items on the agenda were also discussed.  Mr. SHOOK moved the report be approved.  Roll call:  All members present voting yea, the Chair declared the motion carried.

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

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

Nancy Westrick, 220 W. Wayne Street, spoke regarding literature opposing Issue 17 and a matter of the residency of certain proponents and opponents. 

Brad Wotring, 317 W. Harrison Avenue, spoke regarding his request to remove bushes from the right-of-way which he believes impair his view when using of his driveway. 

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

When Council returned to regular session, Mr. SHOOK moved that legislation be prepared to authorize the purchase of property at 826 Kingsbury and other adjacent parcels totaling nearly eight acres from Northern Distributing Co. at a price of $480,000.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Mr. Carr stated that certain Council members met with Board members of the Maumee City Schools to discuss an exchange of real estate.  Mr. CARR moved that Mr. Shook be allowed to abstain on matters involving the Maumee City School District.  Roll call:  All members present voting yea, the Chair declared the motion carried.  Mr. Carr stated the School District had proposed a land swap involving City property at 2501 River Road and School District property at the site of Fort Miami School.  He stated the School District would like to build a new school at 2501 River Road and demolish Fort Miami School and release the property to the City when its major construction projects are completed or within five years.  He stated that the Board wants the City to commit its best efforts to improve Carew Lane in time to serve a new school and to limit an assessment for the road construction to $22,000 and that the Board will provide for a sidewalk on the east side of Carew Lane from River Road to Detroit Avenue.  Mr. CARR moved legislation be prepared to authorize the exchange of real estate with the Maumee City School District as proposed.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle and Zimmerman (6) voting yea; nays none; Shook (1) abstaining.  The Chair declared the motion carried by a 6-0 vote. 

Ordinances 228-2003 and 229-2003 were considered at this time. 

Mr. CARR moved to adjourn until 8:00 p.m., Monday, November 17, 2003, carried v.v.

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

8:00 P.M. Monday, November 17, 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). 

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

ORDINANCE NO.   230 – 2003  AUTHORIZING EXECUTION OF AGREEMENT WITH MAUMEE CITY BOARD OF EDUCATION RELATIVE TO EXCHANGE OF CERTAIN REAL PROPERTY INTERESTS IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.  Motion to pass by Mr. COYLE.  Passed by 6-0 vote.  Shook (1) abstaining. 

ORDINANCE NO.   231 – 2003  AUTHORIZING AMENDMENT TO CONTRACT FOR THE CONSTRUCTION OF A SWIMMING POOL AT ROLF PARK IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.  Motion to pass by Mr. BRAINARD.  Passed by 7-0 vote. 

ORDINANCE NO.   232 – 2003  AUTHORIZING AMENDMENT TO CONTRACT WITH SSOE STUDIOS RELATIVE TO REIMBURSABLE EXPENSES FOR DESIGN, BIDDING, AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE ROLF PARK POOL AND DECLARING AN EMERGENCY.  Motion to pass by Mrs. BARLOS.   Passed by 7-0 vote. 

ORDINANCE NO.   233 – 2003  AUTHORIZING EXECUTION OF MAINTENANCE CONTRACT WITH IDENTIX, INC., RELATIVE TO SERVICES FOR DIVISION OF POLICE IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.  Motion to pass by Mr. BUEHRER.    Passed by 6-0 vote.  Barlos (1) abstaining. 

ORDINANCE NO.   234 – 2003  AUTHORIZING EXECUTION OF JOINT COOPERATION AGREEMENT BETWEEN THE CITY OF MAUMEE, WOOD COUNTY, AND LUCAS COUNTY RELATIVE TO LIGHTING OPERATION AND MAINTENANCE FOR THE MAUMEE-PERRYSBURG BRIDGE, AND DECLARING AN EMERGENCY.  Motion to pass by Mr. SHOOK. Passed by 7-0 vote. 

ORDINANCE NO.   235 – 2003  AUTHORIZING EXECUTION OF CONTRACT WITH TOLEDO EDISON RELATIVE TO ROLF PARK POOL ELECTRICAL SERVICE AND DECLARING AN EMERGENCY.  Motion to pass by Mr. CARR.  Passed by 6-0 vote.  Zimmerman (1) abstaining. 

ORDINANCE NO.  236 – 2003  AUTHORIZING CONTRACT WITH POGGEMEYER DESIGN GROUP, INC., FOR ARCHITECTURAL AND ENGINEERING SERVICES RELATIVE TO THE MAUMEE SENIOR CENTER IN THE CITY OF MAUMEE, AND DECLARING AN EMERGENCY.  Motion to pass by Mr. ZIMMERMAN.  Passed by 7-0 vote. 

ORDINANCE NO.  237 – 2003  AUTHORIZING EMPLOYMENT OF PROUDFOOT ASSOCIATES,  ENGINEERING, RELATIVE TO TRAFFIC SIGNAL MODIFICATION ENGINEERING DESIGN SERVICES FOR VARIOUS INTERSECTIONS IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.  Motion to pass by Mr. COYLE.  Passed by 7-0 vote. 

ORDINANCE NO.  238 – 2003  AUTHORIZING EMPLOYMENT OF PROUDFOOT ASSOCIATES, ENGINEERINGS, RELATIVE TO TRAFFIC STUDY AND SPEED STUDY SERVICES FOR VARIOUS LOCATIONS IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.  Motion to pass by Mr. BRAINARD.  Passed by 7-0 vote. 

ORDINANCE NO.  239 – 2003  AUTHORIZING PURCHASE OF SEWER FLOW METER FOR DEPARTMENT OF PUBLIC SERVICE, AND DECLARING AN EMERGENCY.  Motion to pass by Mrs. BARLOS.  Passed by 7-0 vote. 

ORDINANCE NO.  240 – 2003  APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS EXPENDITURES.  Motion to pass by Mr. SHOOK.  Passed by 7-0 vote. 

A letter from the Service Director regarding a request of Brad Wotring, 317 West Harrison Avenue, for removal of shrubbery and reimbursement of various expenditures was read.  He stated an investigation by the Police Division and the Natural Resources Division determined that the bushes do not pose a safety problem.  He further stated he believes the property owner is responsible for improvements through the right of way constructed for new development.  Mr. SHOOK moved to approve reimbursement of expenses for driveway and sidewalk construction and tree removal at 317 West Harrison, in the amount of $5,247.  Roll call:  yeas none; Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting nay.  The Chair declared the motion failed by a 0-7 vote.  Mr. SHOOK moved to direct the Service Director to cause the shrubbery to be removed from the right of way adjacent to the driveway at 317 West Harrison Avenue.  Roll call:  Buehrer (1) voting yea; Barlos, Brainard, Carr, Coyle, Shook and Zimmerman (6) voting nay.  The Chair declared the motion failed by a 1-6 vote. 

A letter from the Service Director requesting authorization of change orders for Rolf Park Pool for changes in drainage, parking lot profile, and electrical outlets was read.  He stated the request for amendment of the contract with Mosser Construction, Inc., is in the amount of $29,409.  Mrs. BARLOS moved the necessary legislation be prepared to authorize change orders for Rolf Park Pool with Mosser Construction, Inc., in the amount of $29,409, 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 change order for Rolf Park Pool engineering for an  increase in reimbursable expenses was read.  He stated SSOE has incurred higher printing costs than expected because of the number of sets of plans requested by bidders.  Mr. BRAINARD moved the necessary legislation be prepared to authorize a change order for contract amendment with SSOE in the amount of $2,500, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Police Chief requesting authorization of an equipment maintenance contract for the Livescan Fingerprinting System was read.  He stated the contract renewal for 2004 is $6,798.75, the same as last year.  Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize a contract with Identix Incorporated in the amount of $6,798.75, 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 Lucas and Wood Counties for street lighting costs for the new Maumee River Bridge was read.  He stated the agreement covers the lighting that was installed during the bridge construction, specifically twelve lights on Conant Street south of Broadway and twelve lights on the bridge.  The costs will be prorated and the two counties will be billed semiannually.  Mr. SHOOK moved Mrs. Barlos be allowed to abstain from voting due to a conflict of interest.  Roll call:  All members present voting yea, the Chair declared the motion carried.  Mr. SHOOK moved the necessary legislation be prepared to authorize a contract with Lucas and Wood counties for street lighting costs for the new Maumee River Bridge, 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 Lucas County-Maumee Valley Historical Society requesting reallocation of funds for operating expenses was read.  Mr. Shook stated the matter previously was referred to the Finance Committee and requested the committee report on the matter.  Mr. SHOOK moved the matter be tabled.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Mayor appointing D. Scott Cunningham, East Wayne Street, to the Municipal Planning Commission to an unexpired six year term ending December 31, 2006, 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 Commissioner of Public Service requesting authorization of a contract with Toledo Edison for new electric service to the Rolf Park Pool was read.  He stated Toledo Edison has quoted a cost of $6,859 for installation of electrical service to the Rolf Park Pool.  Mr. COYLE moved the necessary legislation be prepared to authorize a contract with Toledo Edison in the amount of $6,859 for installation of electrical service to the Rolf Park Pool, 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 appropriation for the purchase of recycling containers was read.  He stated the cost of 1,000 containers from SCL A-1 Plastics, Ltd., is $4,590.  Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize appropriation of $4,590 for the purchase of 1,000 recycling containers, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Maumee Senior Center requesting a donation for 2004 utilities costs and a donation for building maintenance personnel was read.  Debbie Fauble, president Board of Trustees, stated the estimated cost of utilities for 2004 is $15,000.  Mr. SHOOK moved to authorize donation of $15,000 to the Maumee Senior Center for the cost of utilities for 2004.  Roll call:  All members present voting yea, the Chair declared the motion carried.  Mr. SHOOK moved to refer the matter of building maintenance personnel at the Senior Center to the Buildings and Lands Committee.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Commissioners of Community Development and Public Service requesting authorization of a contract for building design services for an addition to the Senior Center was read.  He stated Poggemeyer Design Group has proposed a contract in the amount of $90,754 for architectural/engineering services at the Maumee Senior Center.  Mr. CARR moved the necessary legislation be prepared to authorize a contract with Poggemeyer Design Group in the amount of $90,754 for architectural/engineering services, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Service Director requesting authorization of engineering contracts for signal modifications and traffic study was read.  He stated Proudfoot Associates has proposed a contract for engineering design services for signal modifications at various intersections in the amount of $11,528 and a second proposal to conduct a traffic study and speed study in the amount of $21,500.  Mr. BRAINARD moved the necessary legislation be prepared to authorize a contract for signal modifications with Proudfoot Associates in the amount of $11,528, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried.  Mr. BRAINARD moved the necessary legislation be prepared to authorize a contract for traffic study and speed study with Proudfoot Associates in the amount of $21,500, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Service Director requesting authorization of purchase of a wastewater flow meter was read.  He stated Gilson Sales, Inc., has quoted a cost of $6,890 for a replacement wastewater flow meter and transmitters along with a chart recorder.  Mrs. BARLOS moved the necessary legislation be prepared to authorize a contract with Gilson Sales, Inc., in the amount of $6,890, 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 Tom Dussel and Tom Brell of the Lucas County-Maumee Valley Historical Society spoke regarding funding for operating expenses, and Linda Amos, Poggemeyer Design Group spoke regarding plans for an addition to the Maumee Senior Center and that other items on the agenda were also discussed.  Mr. SHOOK moved the report be approved.  Roll call:  All members present voting yea, the Chair declared the motion carried.  At the Hearing of the Public, John Pfleghaar, 215  West John Street, expressed his displeasure with City Council in the way it receives criticism on public issues. 

Brad Wotring, 317 West Harrison Avenue, stated his belief that his request was not fully considered by members of Council or the administration. 

Bill Tucholski, 7359 Coder Road, stated he believes his input on matters of development of property west of US23 should be considered; and, if not, no non-resident should be allowed to participate in such matters. 

Legislation was considered at this time. 

When Council returned to regular session, Mr. CARR moved to adjourn until 8:00 p.m., Monday, December 1, 2003, carried v.v.

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

8:00 P.M. Monday, December 1, 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). 

Mr. SHOOK moved to suspend reading the minutes of the November 17, 2003 meeting and to approve the Minutes Journal.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

ORDINANCE NO.   241 – 2003  AUTHORIZING AGREEMENT WITH CRITTER CONTROL RELATIVE TO PEST CONTROL SERVICES 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.   242 – 2003  AUTHORIZING EMPLOYMENT OF FINKBEINER, PETTIS & STROUT, INC., RELATIVE TO CONSTRUCTION ENGINEERING AND BIDDING SERVICES FOR MICHIGAN AVENUE WATER BOOSTER STATION AND TURNPIKE WASTEWATER PUMPING STATION AND DECLARING AN EMERGENCY.  Motion to pass by Mr. BRAINARD.  Passed by 7-0 vote. 

ORDINANCE NO.   243 – 2003  ACCEPTING BID FOR IMPROVEMENT OF MICHIGAN AVENUE WATER BOOSTER STATION AND TURNPIKE WASTEWATER PUMP STATION IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.  Motion to pass by Mrs. BARLOS.  Passed by 7-0 vote. 

ORDINANCE NO.   244 – 2003  AMENDING SCHEDULE OF RATES AND FEES IN THE CITY OF MAUMEE, OHIO, AND REPEALING CERTAIN ORDINANCE AND DECLARING AN EMERGENCY.  Motion to pass by Mr. BUEHRER.  Passed by 7-0 vote. 

ORDINANCE NO.   245 – 2003  AUTHORIZING CONTRACTS RELATIVE TO HEALTH AND LIFE INSURANCE COVERAGE FOR EMPLOYEES OF THE CITY OF MAUMEE AND DECLARING AN EMERGENCY.  Motion to pass by Mr. SHOOK.  Passed by 7-0 vote. 

ORDINANCE NO.   246 – 2003  GRANTING CONDITIONAL USE PERMIT FOR USE OF PREMISES FOR A CHURCH AND PARKING AREA ON CERTAIN REAL ESTATE LOCATED AT 100 BLOCK OF EAST WAYNE STREET IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.  Motion to pass by Mr. ZIMMERMAN.  Passed by 6-0 vote.  Buehrer (1) abstaining. 

ORDINANCE NO.   247 – 2003  GRANTING SPECIAL USE PERMIT FOR USE OF PREMISES FOR A CONVENIENCE STORE AND FUEL FILLING STATION ON CERTAIN REAL ESTATE AT 722 CONANT STREET IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.  Motion to pass by Mr. CARR.  Passed by 7-0 vote. 

ORDINANCE NO.   248 – 2003  ACCEPTING BID AND AUTHORIZING PURCHASE OF COMMERCIAL CUTAWAY CAB AND CHASSIS AND EQUIPMENT, WITH TRADE-IN, FOR DEPARTMENT OF PUBLIC SERVICE, AND DECLARING AN EMERGENCY.  Motion to pass by Mr. COYLE.  Passed by 6-0 vote.  Carr (1) abstaining. 

ORDINANCE NO.   249 – 2003  AUTHORIZING EXECUTION OF AGREEMENT OR AGREEMENTS BETWEEN THE CITY OF MAUMEE AND LUCAS COUNTY RELATIVE TO PARTICIPATION IN GYPSY MOTH EDUCATION/MANAGEMENT PROGRAM AND DECLARING AN EMERGENCY.  Motion to pass by Mr. BRAINARD.  Passed by 6-0 vote.  Barlos (1) abstaining. 

ORDINANCE NO.   250 – 2003  APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS EXPENDITURES.  Motion to pass by Mrs. BARLOS.  Passed by 7-0 vote. 

A letter from the Service Director requesting authorization of a contract for building maintenance at the Wolcott House complex was read.  He stated a proposal has been submitted by Critter Control to address the bat nuisance at the church with repairs and cleaning services in the amount of $3,150.  Mr. SHOOK moved the necessary legislation be prepared to authorize a contract with Critter Control in the amount of $3,150, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Mayor regarding the request of the Parks and Recreation Advisory Commission for an increase in the amount for Allied Community Assistance grants was read.  He stated the request is for an increase from $2,500 to $3,000 subject to criteria established by the Commission.  Mr. CARR moved the Allied Community Assistance grants be increased from $2,500 to $3,000, 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 bidding and construction engineering services for water and sewer pump station improvements was read.  He stated a proposal has been received from Finkbeiner, Pettis and Strout, Inc., in the amount of $109,900 and includes engineering services for the bidding and construction phases of the project.  Mr. BRAINARD moved the necessary legislation be prepared to authorize a contract with Finkbeiner, Pettis and Strout, Inc., in the amount of $109,900, 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 Michigan Avenue and Turnpike pump station improvements was presented.  He stated two bids were received and he recommends the bid of Mosser Construction, Inc., in the amount of $897,000.  Mrs. BARLOS moved the bid of Mosser Construction, Inc., in the amount of $897,000, be declared the lowest and best and the necessary legislation be prepared to authorize a contract, as recommended.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Finance Director requesting approval of water rate increases in accord with the Municipal Code and requesting review of sewer rates was read.  He stated on May 27, 2003, the City of Toledo passed an ordinance increasing water rates by 4.0% effective July 1, 2003, and again on January 1 of 2004, 2005, and 2006.  He further stated his request is for an 8.0% increase effective with readings after December 22, 2003.  He also asked that the matter of the Sewer Fund study be referred to the Finance Committee.  Mr. COYLE moved that legislation be prepared to increase water rates by 8% effective December 22, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried.  Mr. COYLE moved to refer the matter of the Sewer Fund study to the Finance Committee.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Finance Director requesting authorization of agreements for the City’s health insurance program was read.  He stated negotiations through Bridge Benefits (formerly Stateline TPA) with various carriers that make up the City’s health insurance program are complete.  He said certain minor changes in the plan will be made for 2004 including selection of a new provider, Majestic Underwriters, Inc., for stop-loss and reinsurance and the enhancement of the Flexible Spending Account to include over-the-counter drugs and medical supplies.  Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize contracts for employee benefits programs, with Bridge Benefits, Inc., Columbus; Western Lake Erie Employers Coalition, Maumee; Standard Security Life Insurance Company of New York, NY; Express Scripts, Inc., St. Louis, MO; American Health Holding Company, Westerville, OH; American Institute for Preventative Medicine, Farmington Hills, MI; Union Central Life Insurance Company, Southfield, MI; Vision Service Plan, San Francisco, CA; and Pension Innovations and Consulting, Toledo, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Municipal Planning Commission recommending approval of the application of St. Paul’s Lutheran Church for a Conditional Use permit in the 100 block of East Broadway Street to allow construction of an addition and renovations to the church in the 100 block of East Wayne and Broadway Streets was read.  The Secretary stated the Commission made its recommendation at the November 24, 2003, meeting and the recommendation is subject to:  1) Service Director’s approval of modifications to the landscape plan at the corner of Broadway and Gibbs Streets to improve visibility, and 2) inclusion of period lighting poles and fixtures with shielding in the parking area.  Mr. CARR moved Mr. Buehrer be allowed to abstain from voting due to a conflict of interest.  Roll call:  All members present voting yea, the Chair declared the motion carried.  Mr. CARR moved the necessary legislation be prepared to authorize a Conditional Use permit in the 100 block of East Broadway Street to allow construction of an addition and renovations to the church in the 100 block of East Wayne and Broadway Streets subject to the conditions recommended by the Commission.  Roll call:  Barlos, Brainard, Carr, Coyle, Shook and Zimmerman (6) voting yea; nays none; Buehrer (1) abstaining.  The Chair declared the motion carried by a 6-0 vote. 

A letter from the Municipal Planning Commission recommending approval of the application for amendment of a Special Use Permit for a filling station and convenience store at 722 Conant Street was read.  The Secretary stated the Commission made its recommendation at the November 24, 2003, meeting and the recommendation is subject to:  1) installation of exposed aggregate sidewalk along Conant Street and Indiana Avenue, and 2) installation of stamped concrete (blue stone pavers) between the curb and sidewalk along Conant Street and Indiana Avenue.  The Building and Zoning Inspector stated his concern for safety due to the increase in traffic to the convenience store and his recommendation that the curb cuts closest to the intersection be closed.  He also noted the applicant’s objection due to the limited space available on the property for movement of the delivery of fuel by tanker trucks.  The Administrator stated his belief that a “period lighting fixture” be incorporated in the plan.  Mr. BUEHRER moved the necessary legislation be prepared to authorize a Special Use Permit to allow operation of a convenience store and fuel filling station at 722 Conant Street, subject to the conditions stated by the Planning Commission and subject to adding a street lighting fixture as designated by the Service Director.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Municipal Planning Commission recommending approval of a new chapter for the Zoning Code, “Site Plan Review and Design Standards”, was read.  The Secretary stated the Commission made its recommendation after conducting a public hearing on October 27 and November 24, 2003.  Mr. Shook requested the draft be reviewed and concerns and questions be referred to the administration.  Mr. SHOOK moved the matter be tabled to the next regular meeting.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A tabulation of bids received by the Commissioner of Public Service for a utility van for use in the Water Division was presented.  He stated one bid was received from Ed Schmidt Automotive Group in the mount of $37,962 for a commercial cutaway cab and chassis with utility van box and trade-in of a 1995 van with utility body in the amount of $4,500 for a net of $33,462.  Mr. ZIMMERMAN moved that Mr. Carr be allowed to abstain from voting due to a conflict of interest.  Roll call:  All members present voting yea, the Chair declared the motion carried.  Mr. COYLE moved the necessary legislation be prepared to authorize a contract with Ed Schmidt Automotive Group for purchase of a cab and chassis with utility van box with trade-in in the net amount of $33,462, as requested.  Roll call:  Barlos, Brainard, Buehrer, Coyle, Shook and Zimmerman (6) voting yea; nays none; Carr (1) abstaining.  The Chair declared the motion carried by a 6-0 vote. 

A letter from the Service Director requesting authorization to continue participation in the County’s gypsy moth program was read.  He stated the Director of Management and Budget for the Lucas County Board of Commissioners has requested the City consider a financial commitment of $2,452.21 annually for the continuation of the program in 2004 and 2005.  Mr. BRAINARD moved Mrs. Barlos be allowed to abstain from voting due to a conflict of interest.  Roll call:  All members present voting yea, the Chair declared the motion carried.  Mr. BRAINARD moved the necessary legislation be prepared to authorize participation in the Lucas County gypsy moth program and appropriation of $2,452.21 annually for the two year period, as requested.   Roll call:  Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (6) voting yea; nays none; Barlos (1) abstaining.  The Chair declared the motion carried by a 6-0 vote. 

A letter from the Mayor appointing John Jezak, Thomas Shook and Frank J. Bartell as representatives on the Maumee- Monclova-Toledo Joint Economic Development Zone (JEDZ) Board for two year terms beginning December 1, 2003 and ending December 1, 2005.  Mr. CARR moved the appointments be confirmed.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Mr. Shook stated that the Committee of the Whole met just before tonight’s meeting and heard a presentation by Ken McIntyre of the YMCA regarding the Parent Project, a program to foster parenting skills especially for parents of strong willed adolescents.  He stated that items on the agenda were also discussed.  Mr. ZIMMERMAN read the following report from the Finance Committee. 

Finance Committee

            The Finance Committee met at 4:30 p.m. November 25, 2003, in the Council Chambers at 400 Conant Street to discuss the following:

·         The process for future amendments to the wage and benefit ordinance for administrative support, management, and supervisory employees.

·         Contract negotiations and employee ordinance renewals.

·         Further funding of the Lucas County/Maumee Valley Historical Society.

·         Request of the Lutheran Homes Society for relief from repayment of loan made in connection with the senior housing development proposal.

·         Matter of funding Workers’ Compensation benefits for 2004.

·         Proposal for automated system of payments for city income tax withholdings. 

Present at the meeting:  Brent Buehrer, Jenny Barlos, which were later joined by Todd Zimmerman of the committee, Mayor Wagener, multiple members of the administration, members of the Lucas County/Maumee Valley Historical Society, and numerous city employees. 

The Committee first heard Mr. Hazard’s request to remove the matter of funding workers’ compensation benefits for 2004.  He thought the retrospective rating for premiums was not a good idea.  The committee agreed. 

The next item heard was the proposal for the automated system of payments for city income tax withholding agents.  Mike Rizzo explained that he looked at Huntington Bank’s pre income tax withholdings plan and found it to be more expensive that the “CMI” plan.  This is because Huntington Bank’s plan charged per transaction, where as the “CMI” plan had a one-time $1,650 licensing fee.  A two-day savings in time in transferring funds could reap the city an additional $1,000 in interest.  The committee agreed to use the “CMI” proposal for $1,650. 

The committee then heard from the Historical Society’s request for an additional $25,000 from the city for the 2003 fiscal year, which ends March 31, 2004.  It was explained that the city traditionally gives $25,000 and the county’s donation varies, for this year they received $5,000.  It was projected that the 2003 capitol budget deficit would be $19,000.  The committee agreed to an additional $25,000 contribution.  In return the Society would have their future fiscal plan/fund raising budget ready to share with the committee in January of 2004.  It would be determined at that time whether the additional $25,000 would be removed from the three-year annual $100,000 building improvement fund, which was established in October of 2002.  This funding issue is to remain in the committee.  

The next item heard was the process for future amendments to the wage and benefit ordinance for administrative support, management, and supervisory employees.  Mike Fortney’s thoughts on the issue seemed to echo the majority of employees present.  Lieutenant Fortney explained that he had been treated fair.  Any concern he had was with the process in which many times he did not know what the wage and benefit ordinance was until after council voted on the issue, and he would have appreciated seeing the ordinance before it was voted on by council.  He also felt comfortable communicating any ideas or concerns through their directors, which is what was traditionally done.  The committee agreed that the aforementioned group of employees should see the ordinance before a council vote was taken and that they planned to have administration finish the ordinance for review by December 8, with a council vote pending at their December 15, meeting.  The committee also agreed in the future to review contract negotiations and employee ordinance renewals procedure. 

Finally, the committee heard the request of the Lutheran Homes Society for relief from repayment of a $100,000 loan made in connection with senior housing development proposal.  The committee directed John Jezak to modify his draft letter for collecting the loan, and that the committee would review the revised letter before sending it to council. 

Respectfully submitted,

Todd Zimmerman, Chair
Jenny Barlos
Brent Buehrer
 

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

Mr. BRAINARD moved the matter of electric aggregation be referred to the Public Utilities Committee.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Mr. Buehrer stated the November 24 hearing of the Liquor Control Division on the application of National Amusements, dba Showcase Cinema, was postponed and has not yet been rescheduled. 

Legislation was considered at this time. 

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

When Council returned to regular session, Mr. CARR moved to adjourn until 8:00 p.m., Monday, December 15, 2003, carried v.v.

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

8:00 P.M. Monday, December 15, 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 and Zimmerman (6); Shook (1) absent. 

Mrs. BARLOS moved to suspend reading the minutes of the December 1, 2003 meeting and to approve the Minutes Journal.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

ORDINANCE NO.   251 – 2003  AMENDING THE ZONING CODE OF THE CITY OF MAUMEE, OHIO, RELATIVE TO SITE PLAN REVIEW AND DESIGN STANDARDS, REPEALING CERTAIN SECTIONS, AND DECLARING AN EMERGENCY.  Motion to pass by Mr. COYLE.  Passed by 6-0 vote. 

ORDINANCE NO.   252 – 2003  DETERMINING TO PROCEED WITH THE IMPROVEMENT OF CONANT STREET BETWEEN CERTAIN POINTS IN THE CITY OF MAUMEE, OHIO, BY CONSTRUCTING SIDEWALKS, WITH THE NECESSARY APPURTENANCES, CONFIRMING ESTIMATED ASSESSMENTS IN RESPECT THERETO, AND DECLARING AN EMERGENCY.  Motion to pass by Mr. BRAINARD.  Passed by 6-0 vote. 

ORDINANCE NO.   253 – 2003  AUTHORIZING EXECUTION OF 2004 AGREEMENTS WITH THE CRIMINAL JUSTICE COORDINATING COUNCIL RELATIVE TO NORIS INFORMATION SYSTEM, AND DECLARING AN EMERGENCY.  Motion to pass by Mr. BUEHRER.  Passed by 6-0 vote. 

ORDINANCE NO.   254 – 2003  APPROVING AND ADOPTING HAZARD MITIGATION PLAN, AND DECLARING AN EMERGENCY.  Motion to pass by Mr. ZIMMERMAN.  Passed by 5-0 vote.     Barlos (1) abstaining. 

ORDINANCE NO.   255 – 2003  AUTHORIZING AMENDMENT TO CONTRACT FOR THE CONSTRUCTION OF A SWIMMING POOL AT ROLF PARK IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.  Motion to pass by Mrs. BARLOS.  Passed by 6-0 vote. 

ORDINANCE NO.   256 – 2003  AMENDING CONTRACT RELATIVE TO PAVEMENT MAINTENANCE PROGRAM OF THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.  Motion to pass by Mr. CARR.  Passed by 5-0 vote.  Zimmerman (1) abstaining. 

ORDINANCE NO.   257 – 2003  ACCEPTING BID FOR THE IMPROVEMENT OF CONANT STREET BETWEEN CERTAIN POINTS IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.  Motion to pass by Mr. COYLE.  Passed by 6-0 vote. 

ORDINANCE NO.   258 – 2003  AMENDING THE MAUMEE REVISED CODE RELATIVE TO MUNICIPAL INCOME TAX AND DECLARING AN EMERGENCY.  Motion to pass by Mr. BRAINARD.  Passed by 6-0 vote. 

ORDINANCE NO.   259 – 2003  AUTHORIZING AMENDMENT TO CONTRACT WITH SANDERSON CMI RELATIVE TO INCOME TAX WITHHOLDING PAYMENT MODULE FOR THE DEPARTMENT OF FINANCE OF THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.  Motion to pass by Mrs. BARLOS.          Passed by 6-0 vote. 

ORDINANCE NO.   260 – 2003  ESTABLISHING SALARIES AND COMPENSATION OF ADMINISTRATIVE SUPPORT EMPLOYEES OF THE CITY OF MAUMEE, ESTABLISHING TIMES AND MANNER OF PAYMENT THEREOF, AND OTHER EMPLOYEE BENEFITS AND RELATED MATTERS, REPEALING CERTAIN ORDINANCES AS APPLIED TO EMPLOYEES OF THE CITY OF MAUMEE AND DECLARING AN EMERGENCY.  Motion to pass by Mr. BUEHRER.  Passed by 6-0 vote. 

ORDINANCE NO.  261 – 2003  ESTABLISHING SALARIES AND COMPENSATION OF MANAGEMENT AND SUPERVISORY EMPLOYEES OF THE CITY OF MAUMEE, ESTABLISHING TIMES AND MANNER OF PAYMENT THEREOF, AND OTHER EMPLOYEE BENEFITS AND RELATED MATTERS, REPEALING CERTAIN ORDINANCES AS APPLIED TO EMPLOYEES OF THE CITY OF MAUMEE, AND DECLARING AN EMERGENCY.  Motion to pass by Mr. ZIMMERMAN.  Passed by 6-0 vote. 

ORDINANCE NO.  262 – 2003  ESTABLISHING SALARIES OF COURT CLERK AND PROBATION OFFICERS IN THE MAUMEE MUNICIPAL COURT, AND DECLARING AN EMERGENCY.  Motion to pass by Mr. CARR.  Passed by 6-0 vote. 

ORDINANCE NO.  263 – 2003  APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS EXPENDITURES.  Motion to pass by Mr. COYLE.  Passed by 6-0 vote. 

A letter from the Municipal Planning Commission recommending approval of changes to the Zoning Code, including, a new chapter, “Site Plan Review and Design Standards”, was read.  The Secretary stated the Commission made its recommendation at the November 24, 2003, meeting.  Mrs. BARLOS moved the necessary legislation be prepared to authorize approval of a new chapter for the Zoning Code, “Site Plan Review and Design Standards”, as recommended.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

The Mayor stated the next item to be considered is designation by Council of its representatives on the Volunteer Fire Fighters’ Dependents Fund Board for 2004.  Mrs. BARLOS nominated Mrs. Barlos and Mr. Carr to serve as representatives on the Volunteer Fire Fighters’ Dependents Fund Board.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Assistant Finance Director requesting a determination to proceed with Conant Streetscape improvements was read.  She stated estimated assessment notices were sent to the property owners and no objections have been filed.  Mrs. BARLOS moved the necessary legislation be prepared determining to proceed with the Streetscape Completion Project, 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 Northwest Ohio Regional Information System (NORIS) services for 2004 was read.  He stated the cost for 2004 is $17,875.  The Solicitor stated that the Court and Prosecutor also use NORIS services and contract renewals for those offices are also needed.  Mr. BRAINARD moved the necessary legislation be prepared to authorize contracts with NORIS for Police, Court and Prosecutor.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A tabulation of bids received by the Police Chief for a 12 passenger, Special Response Unit tactical vehicle was presented.  He stated six bids were received and he recommends the bid of George Ballas Buick GMC Truck, Inc., in the amount of $87,362.  Mr. ZIMMERMAN 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 Building and Zoning Inspector regarding adoption of a countywide natural hazard mitigation plan was read.  He stated the goal of the plan is to identify, examine, and mitigate impacts from the identified natural hazards.  Mr. CARR moved Mrs. Barlos be allowed to abstain from voting due to a conflict of interest.  Roll call:  All members present voting yea, the Chair declared the motion carried.  Mr. CARR moved the necessary legislation be prepared to authorize adoption of a countywide natural hazard mitigation plan, as requested.  Roll call:  Brainard, Buehrer, Carr, Coyle and Zimmerman (5) voting yea; nays none; Barlos (1) abstaining.  The Chair declared the motion carried by a 5-1 vote. 

A letter from the Service Director requesting a change order for Rolf Park Pool was read.  He stated the change order is in the amount of $3,875 and is for minor, code required fire prevention and electrical items.  Mr. COYLE moved the necessary legislation be prepared to authorize a change order with Mosser Construction, Inc., for the Rolf Park Pool in the amount of $3,875, 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 change order for the annual street resurfacing program was read.  He stated the amendment of the contract with Crestline Paving and Excavating is for final quantities and is in the amount of $25,629.16 for a total project cost of $390,065.61, which is below the engineer’s estimate of $433,100.  Mr. CARR moved Mr. Zimmerman be allowed to abstain from voting due to a conflict of interest.  Roll call:  All members present voting yea, the Chair declared the motion carried.  Mr. CARR moved the necessary legislation be prepared to authorize a contract amendment with Crestline Paving and Excavating in the amount of $25,629.16, as requested.  Roll call:  Barlos, Brainard, Buehrer, Carr and Coyle (5) voting yea; nays none; Zimmerman (1) abstaining.  The Chair declared the motion carried by a 5-1 vote. 

A letter from the Administrator requesting authorization of a contract to complete the Downtown Streetscape Project was read.  He stated the request is for a contract with Smith Paving and Excavating, Inc., for the construction of the streetscape improvements from Harrison Street to William Street, in the amount of $266,111.  Mr. BUEHRER moved the bid of Smith Paving & Excavating, Inc. be declared the lowest and best and the necessary legislation be prepared to authorize a contract in the amount of $266,111, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Mayor appointing Thomas Shook, President of Council, to the S.A.I.L. Board, for a three year term ending December 31, 2006, was read.  Mr. CARR moved the appointment be confirmed.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

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

Mr. BUEHRER moved to add to the agenda the application of CSB Investors, L.L.C., for a modification of the Riverside Commons Planned Unit Development (PUD) permit for 2500 River Road.  Roll call:  All members present voting yea, the Chair declared the motion carried.   

Mr. BUEHRER moved to refer to the Municipal Planning Commission the application of CSB Investors, L.L.C., for an amendment to the PUD at 2500 River Road.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Mrs. BARLOS stated that the Committee of the Whole met just before tonight’s meeting and that items on the agenda were discussed. 

Mr. ZIMMERMAN read the following report from the December 4, 2003, Finance Committee meeting. 

Finance Committee Report 

            On December 4, 2003, the Finance Committee met to discuss the pay ordinances, changes to the code regarding income tax and the JEDZ.  Present from the committee were Todd Zimmerman, Jenny Barlos and Brent Buehrer, John Jezak, Linda Wilker, Mike Rizzo and other members of the administration.           

            The issue of the JEDZ was determined was determined to be an old issue and should be removed from the committee. 

            After a brief presentation and explanation from Mike Rizzo, it was determined that the income code changes should be adopted to remain consistent with the State of Ohio. 

            The committee then went into executive session to discuss the pay ordinances.  A draft of the ordinances was developed and distributed to those employees that would be affected for comment prior to the next meeting. 

            Respectfully submitted,

            Todd M. Zimmerman, Chair
Jenny Barlos
Brent Buehrer 

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

Mr. ZIMMERMAN read the following report from the December 9, 2003, Finance Committee meeting. 

Finance Committee Report 

            On December 9, 2003, the Finance Committee met to discuss further issues concerning the pay ordinances, review of the directors salaries, letting the police station proceed to bid stage and the law directors salary.  Present from the committee were Todd Zimmerman, Jenny Barlos and Brent Buehrer and Chief Zink, Chief Monto, Lieutenant Noble, Mayor Wagener, Linda Wilker and other members of the administration. 

            The issue of the police station was discussed in a joint meeting with the Buildings and Lands Committee and all concerns regarding the price were resolved.  Therefore it is the recommendation of the committee that the station proceed to the bid stage. 

            The Finance Committee then met regarding pay ordinances.  Comments were taken from the members present that were affected by the particular ordinances.  The committee then went into executive session regarding this issue and the issue of the directors review. 

            A final draft of the pay ordinances was the result of executive session.  It was the recommendation of the committee that these ordinances were fair, recognized most of the employees concerns and should be passed. 

            Due to the length of other issues, the issue of directors reviews and salaries needed additional time and will reconvene prior to year’s end when the appropriate time and consideration can be given to the subject by all parties. 

            Due to time the issue of  law director’s salaries was also continued until a later meeting. 

            Respectfully submitted,

            Todd M. Zimmerman, Chair
Jenny Barlos
Brent Buehrer 

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

The Service Director announced that ODOT construction plans have been released showing funding of improvements for the US 23/Dussel Drive Interchange for construction in 2006. 

The Mayor announced that the City’s application for a Small Cities CDBG Grant has been approved in the amount of $400,000 for use in downtown revitalization. 

Mr. ZIMMERMAN moved legislation be prepared to enact wage increases for the Court Clerk, Chief Probation Officer and Probation Officers, as requested by the Judge of the Municipal Court.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Legislation was considered at this time. 

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

When Council returned to regular session, Mr. CARR moved to adjourn until 5:30 p.m., Tuesday, December 30, 2003, carried v.v.

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

Minutes of Special Meeting
December 30, 2003 - 5:30 p. m.
 

The Council of the City of Maumee, Ohio, met in special session in Council Chambers at the above time and date with the following members present:  Barlos, Brainard, Buehrer, Carr, Coyle, and Shook (6); Zimmerman (1) absent. 

ORDINANCE 264-2003  AUTHORIZING CONTRACT WITH THE MAUMEE PROFESSIONAL FIREFIGHTER/PARAMEDIC ASSOCIATION, REPEALING CERTAIN ORDINANCES AND DECLARING AN EMERGENCY.

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

ORDINANCE 265-2003  AUTHORIZING ACCEPTANCE OF DONATION OF CERTAIN REAL PROPERTY FROM BENJAMIN F. MARSH AND MARTHA K. MARSH, AND DECLARING AN EMERGENCY. 

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

ORDINANCE 266-2003  DECLARING CERTAIN PROPERTY OF THE CITY OF MAUMEE TO BE SURPLUS EQUIPMENT, AUTHORIZING DISPOSAL, AND DECLARING AN EMERGENCY.

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

ORDINANCE 267-2003  AUTHORIZING PURCHASE OF VEHICLE FOR THE DIVISION OF INSPECTION OF THE DEPARTMENT OF PUBLIC SAFETY, AND DECLARING AN EMERGENCY. 

The Clerk read the Ordinance by title only.  Mr. SHOOK moved the rule requiring ordinances to be read fully and distinctly on three separate dates be dispensed with.  Roll call:  Barlos, Brainard, Buehrer, Coyle, and Shook (5) voting yea; nays none; Carr abstaining.  Mr. SHOOK moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Brainard, Buehrer, Coyle, and Shook (5) voting yea; nays none; Carr abstaining.  Mr. SHOOK moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Buehrer, Coyle, and Shook (5) voting yea; nays none; Carr abstaining.  So the Ordinance was passed. 

ORDINANCE 268-2003  AMENDING ORDINANCE 55-2003 AS AMENDED RELATIVE TO 2003 APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES 

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

The Administrator requested Council authorize execution of an agreement with the Maumee Professional Firefighters/Paramedics Association.  He stated that, through negotiation with representatives of the group, agreement on a package of changes to the existing contract was reached.  He stated the pact is a three-year agreement similar to the FOP agreement.  Mr. SHOOK moved the necessary legislation be prepared to authorize execution of the proposed agreement with the Maumee Professional Firefighter/Paramedics Association as requested.  Roll call: All members present voting yea, the Chair declared the motion carried. 

The Administrator stated that in order to proceed with the Conant Street Streetscape  improvements, an easement was proposed to the owner of property immediately west of Conant Street near the new bridge.  He stated the owner responded saying he would like to donate the parcel to the City.  He stated the owner is Ben Marsh, Assistant Law Director.  Mr. COYLE moved that legislation be prepared to accept the donation of the parcel as proposed.  Roll call: All members present voting yea, the Chair declared the motion carried. 

A letter from the Building and Zoning Inspector requesting Council authorize the purchase of a vehicle was read.  He stated that an inspector was in an accident and that pick-up truck is a total loss.  He also stated that he has obtained three proposals for a replacement pick-up and recommends that of Charlies’ Dodge, Maumee, which is for a 2004 Dodge Dakota Club Cab in the amount of $18,003.  Mr. BUEHRER moved that Mr. Carr be allowed to abstain due to a conflict of interest.  Roll call: All members present voting yea, the Chair declared the motion carried.  Mr. BUEHRER moved that legislation be prepared to authorize the purchase of a 2004 Dodge Dakota Club Cab pick-up truck from Charlies’ Dodge as requested and to authorize the disposal of the wrecked vehicle.  Roll call: Barlos, Brainard, Buehrer, Coyle, and Shook (5) voting yea; nays, none; Carr (1) abstaining, the Chair declared the motion carried. 

The Finance Director stated that a proposed ordinance had been presented and that it reflects adjustments to appropriations and transfers needed before the end of the year.  Mr. SHOOK moved that legislation be prepared to appropriate and transfer funds as requested.  Roll call: All members present voting yea, the Chair declared the motion carried. 

Legislation was considered at this time. 

Mr.SHOOK moved until adjourn to 8:00 p.m., Monday, January 5, 2004.  Motion carried v.v.

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