Council Minutes
October 4 and 18, 2004

7:30 PM, Monday, October 4, 2004 

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

Mr. SHOOK moved to suspend reading the minutes of the September 20, 2004, meeting and to approve the Minutes Journal.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Mayor appointing Robert Gardner, Key Street, to the Tree Commission for a five-year term ending May 31, 2009, was read.

Mr. BRAINARD 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 a power sweeper for parking lots through the State Cooperative Purchasing Program was read.  He stated Tennant Sales and Service Company, Minneapolis, Minnesota, is an authorized dealer for the State of Ohio and has quoted a cost of $36,583.44 for a power sweeper for use within the uptown parking areas and parking lots.

Mr. SHOOK moved the necessary legislation be prepared to authorize a contract with Tennant Sales and Service Company in the amount of $36,583.44, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Fire Chief requesting an appropriation for purchase of replacement fire hose was read.  He stated that the 2004 capital budget approved the purchase of 1,600 feet of five-inch hose at an estimated cost of $12,000.  He stated that the hose was purchased from Finley Fire Equipment at a cost of $11,880 and that an appropriation is needed.

Mr. BUEHRER moved the necessary legislation be prepared to appropriate 11,880, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Commissioner of Public Service requesting an appropriation for park and playground equipment was read.  He stated quotes have been received for trash receptacles and bleachers for Fairfield Park and his request is for $6,036 for park and playground equipment.

Mr. ZIMMERMAN moved the necessary legislation be prepared to appropriate $6,036 for park and playground equipment, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Commissioner of Public Service requesting approval of a change order for the pavement marking contract was read.  He stated Zimmerman Paint Contractors has asked for a contract amendment in the amount of $3,425.50 for final changes in quantities experienced in the field bringing the contract total to $45,401.50.

Mrs. BARLOS moved the necessary legislation be prepared to authorize a contract change order with Zimmerman Paint Contractors in the amount of $3,425.50, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Tax Commissioner requesting consideration of an agreement for legal services to assist in tax collection was read.

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

A letter from the Commissioner of Public Service requesting approval of an amendment to the architectural services contract for the Senior Center addition was read.  He stated that, during the installation of the roof, water damage was found around the rooftop kitchen exhaust system and that the framing around the rooftop unit has been determined to be inadequate.  He said that Poggemeyer Design Group has quoted a cost of $4,415 for design of a new exhaust system bringing the contract total to $95,169.

Mr. SHOOK moved the necessary legislation be prepared to authorize a contract change order with Poggemeyer Design Group in the amount of $4,415, 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 change order #2 on the Anthony Wayne Trail Beautification project was read.  He stated existing field conditions necessitated adjustments to the contract with Delventhal Landscaping and Nursery, Inc., in the amount of $9,053.38 bringing the contract total to $213,647.23.

Mr. CARR moved the necessary legislation be prepared to authorize amendment of the contract with Delventhal Landscaping and Nursery, Inc., in the amount of $9,053.38, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Administrator requesting approval of a Job Creation and Retention Grant for United Collection Bureau, Inc., was read.  The Administrator stated the applicant is unable to attend tonight’s meeting.

Mr. SHOOK moved to table the matter until the October 18, 2004, meeting.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A request of Bernard Flath and Jody Craft, 218 East Harrison Avenue, for permission to encroach on the right-of-way by constructing a garage was presented.  The request is to encroach 6-3/4 feet into the right-of-way which would place the garage approximately eleven feet from the sidewalk.  Letters from the Service Director and Building and Zoning Inspector dated October 1, were read. 

The Service Director stated he believes the request should be denied.  He said that storm water regulations or other utilities may require the use of the subject right-of-way in the future. 

The Building and Zoning Inspector stated he believes the request should be denied.  He said that other homes in the area were constructed in the early 1900’s before the roads were improved.  He added that other encroachments have not permitted permanent structures in the right-of-way. 

Mr. Flath and Ms. Craft spoke regarding the request.  They stated that they believe the addition of a garage in the front of the home will be more compatible with the neighborhood than a carport, which was approved by the Administrative Board.  They said other neighboring residences also encroach in the right-of-way and that the unique conditions of the lot make this a reasonable request. 

Mr. ZIMMERMAN moved to approve the request for encroachment on the right-of-way by constructing a garage at 218 East Harrison Avenue, as requested.  Roll call:  yeas none; Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting nay.  The Chair declared the motion lost by a 0-7 vote. 

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

Mr. SHOOK reported the Committee of the Whole met just before tonight’s meeting and that items on the agenda were discussed.

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

Mr. Zimmerman read the following report from the Finance Committee. 

Finance Committee

On September 28, 2004, the Finance Committee met to discuss the ongoing financial situation with the Maumee Valley Historical Society.  Present from the finance committee were Todd Zimmerman, Jenny Barlos and Brent Buehrer.  The members of the administration and historical society that were present are indicated in the attendance sheet attached as Exhibit A.

Members of the historical society presented some of the many significant changes that they have undertaken in an attempt to lower costs and raise revenues.  It was the committee’s impression that the historical society has made big strides in the goal of becoming a more financially self-sufficient organization.  The historical society then presented a request for additional assistance for its operating expenses, noting however that they had not expended those funds appropriated for the capital projects.  At the current rate, the society expected to be out of money for operating expenses in the near future.  Thus there was a request that the funds appropriated for capital be permitted to be used for operating expenses.

While it was agreed that it was both the desire of the historical society and the committee for the society to ultimately be self-funded, the difficulties in reaching this point, including a decrease in county funding, were recognized.  It was also observed by the committee that ultimately the buildings and land at the Wolcott property were owned by the City and thus were it not for the society’s efforts, the City might be forced to incur the entire expense related to the properties.  Thus, in light of the increased efforts made by the society and in working together to preserve what is a treasure to the entire city, it was the committee’s unanimous recommendation that the monies currently designated available for capital expenditures, be permitted to be used for operating expenses for the historical society.  It is also the recommendation that the City finance department and the treasurer and appropriate board members for the historical society work together to implement the procedures to accomplish this given the two entities different financial year ends and budgeting cycles.

Respectfully submitted,

Todd M. Zimmerman, Chair

Jenny Barlos

Brent Buehrer 

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 gave a verbal report of the Safety Committee meeting of September 27.  He stated the committee recommends temporarily adding one paramedic in the Fire Division because a long-term absence due to illness has left the division short staffed.

Mr. CARR moved the necessary legislation be prepared to authorize the addition of one paramedic to the schedule of permanent positions.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Fred Collins, 646 Miami Manor, complimented Council for the Maumee City Limits Cruise Night. 

Legislation was considered at this time. 

ORDINANCE NO.   287 - 2004                AUTHORIZING THE PURCHASE OF A POWER SWEEPER FOR THE DEPARTMENT OF PUBLIC SERVICE, AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only.

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

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

So the Ordinance was passed.

ORDINANCE NO.   288 – 2004                AUTHORIZING EXECUTION OF CHANGE ORDER REALTIVE TO CONTRACT FOR PAVEMENT MARKING OF STREETS, AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only.

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

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

So the Ordinance was passed. 

ORDINANCE NO.   289 – 2004                AUTHORIZING AMENDMENT TO AGREEMENT WITH POGGEMEYER DESIGN GROUP FOR SERVICES RELATIVE TO MAUMEE SENIOR CENTER IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only.

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

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

So the Ordinance was passed. 

ORDINANCE NO.  290 - 2004                AUTHORIZING CHANGE ORDER TO CONTRACT FOR ANTHONY WAYNE TRAIL BEAUTIFICATION PROJECT IN THE CITY OF MAUMEE, AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only.

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

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

So the Ordinance was passed. 

ORDINANCE NO.   291 – 2004                AMENDING SCHEDULE OF PERMANENT POSITIONS OF THE CITY OF MAUMEE, REPEALING ORDINANCE 239-2004, AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only.

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

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

So the Ordinance was passed. 

ORDINANCE NO.   292 – 2004                APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS PURPOSES.

The Clerk read the Ordinance by title only.

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

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

So the Ordinance was passed. 

Mr. SHOOK moved to adjourn to executive session to discuss 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 7:30 p.m., Monday, October 18, 2004, carried v.v.

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

7:30 PM, Monday, October 18, 2004

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

Mr. SHOOK moved to suspend reading the minutes of the October 4, 2004, meeting and to approve the Minutes Journal.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Administrator requesting approval of a Job Creation and Retention Grant for United Collection Bureau, Inc., was read.  He said that the company will relocate to 1345 Ford Street and will have a minimum of 120 full-time employees with an annualized estimated payroll of $5,000,000 at this location.  He stated he recommends a grant in the amount of $20,000 annually each of the next ten years.

Mr. SHOOK moved the necessary legislation be prepared to authorize a Job Creation and Retention Grant for United Collection Bureau, Inc., as recommended.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Fire Chief requesting approval of an appropriation for purchase of ambulance equipment with state grant funds was read.  He stated the EMS Bureau was awarded a State of Ohio Training and Equipment Grant in the amount of $4,000 and the grant money was received by the City in August.  He said that an ambulance cot was purchased for $3,800 and the remaining $200 will be used to purchase medical items, as required by the grant, within the next two months.

Mr. BRAINARD moved the necessary legislation be prepared to appropriate funds, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Finance Director requesting an ordinance determining to proceed with the Fifth Street improvement project was read.  He stated estimated assessment notices were sent on September 21^st to owners of property that would directly benefit from the improvement and no objections were filed.

Mr. SHOOK moved the necessary legislation be prepared to determine to proceed with the improvement project, 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 the improvement of Fifth Street was read.  He stated proposals have been received from four contractors for the improvements to Fifth Street and he recommends the lowest proposal received from Allied Paving in the amount of $13,997.99.

Mrs. BARLOS moved the necessary legislation be prepared to authorize a contract with Allied Paving in the amount of $13,997.99, as recommended.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Mayor appointing Rex Palmer, 528 Meadow Spring Road, to an unexpired term ending May 31, 2006; Tom Weeks, 717 River Glen Road, to an unexpired term ending May 31, 2007; and David Cole, 741 River Glen Road, to an unexpired term ending May 31, 2008, on the Charter Review Commission was read.

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

A letter from the Fire Chief requesting certain hose be declared surplus and donated to another volunteer fire division was read.  He stated the Fire Division has 1400-feet of four-inch hose they will no longer use.  He said the volunteer Northern Hardin County Fire District, Dunkirk, Ohio, would accept the donation.

Mr. ZIMMERMAN moved the necessary legislation be prepared to declare 1400-feet of four-inch hose as surplus and authorize donation to the Dunkirk, Ohio, Fire Department, as requested.  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 press box alterations at Rolf Park and Ford Field was presented.  He stated four bids were received and he recommends the low bid of Comte Construction in the amount of $788,400, which includes alternate bids for additional parking, seating, scoreboards, and PA system.

Mr. BUEHRER moved the bid of Comte Construction be declared the lowest and best and the necessary legislation be prepared to authorize a contract in the amount of $788,400, as recommended and that change orders of up to $5,000 be authorized with a maximum of $40,000.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

An application of SRI SAI, LLC, for amendment of a special use permit to allow construction of a convenience store at the site of a filling station at 1289 Conant Street was presented.

Mr. SHOOK 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. SHOOK moved to refer the matter to the Municipal Planning 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 Law Director requesting authorization to enter into contracts through Northwest Ohio Aggregation Coalition (NOAC) with suppliers of electrical energy was read.  She stated the small commercial aggregation contract ends in December, 2004, and NOAC is seeking bids to provide small commercial businesses with lower cost electricity.  She added that the Public Utilities Commission of Ohio is requiring that contracts for 2006 supply of electricity be in place for the residential program.  She requested Council act to authorize contracts with certified suppliers to provide electricity for the City’s Residential Opt-Out Aggregation Program and for the City’s Small Commercial Opt-out Aggregation Program.

Mr. COYLE moved the necessary legislation be prepared to authorize contracts with certified suppliers, 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 Seagate Roofing for replacement roofs at the Maumee Valley Historical Society complex was read.  He stated proposals have been received from two contractors to replace three roofs at the Wolcott complex.  He said he recommends the proposal of Seagate Roofing in the amount of $17,850 bringing the total capital improvements for the Wolcott Complex this year to $50,822.

Mrs. BARLOS moved the necessary legislation be prepared to authorize a contract with Seagate Roofing in the amount of $17,850, as recommended.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Service Director requesting authorization to bid the Detention Electronic Control System (DECS) for the police building.  He stated plans, specifications and bid documents for the hardware and software for the DECS have been completed and the engineer’s estimate for the base bid items is $241,700.

Mr. BRAINARD moved the Service Director be authorized to bid the DECS project, 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 City Blueprint for printing of project specifications for the DECS for police building was read.  He stated City Blueprint has quoted unit pricing for bid documents with a total of up to $350 for twenty sets.

Mr. SHOOK moved the necessary legislation be prepared to authorize a contract with City Blueprint in the amount of $350, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Mr. Shook reported the Committee of the Whole met just before tonight’s meeting and that Raymond Norris and Saroja Devarakonda of SSOE, Inc., gave a presentation of a traffic study prepared for the ad hoc committee for fire station site selection; that Tom Scheanwald and Sam Rickard of United Collection Bureau, Inc., spoke about the relocation of their company to Maumee; and that items on the agenda were discussed.

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

Mr. Zimmerman read the following report from the Finance Committee. 

Finance Committee 

      On October 12, 2004, the Finance Committee met to discuss a potential donation to S.A.I.L. and the collection of outstanding tax amounts due the City.  Present from the finance committee were Todd Zimmerman, Jenny Barlos and Brent Buehrer.  Also present were John Jezak, Dave Hazard, Linda Wilker and Mike Rizzo from the administration and Don Adamski and Michael Burke.

      The first issue discussed was contracting with Scheer, Burke & Green (SBG) to collect delinquent taxes owed the City.  The agreement discussed was to send collection work, at the finance department’s discretion, to SBG, for attempted collection.  SBG would then receive a percentage of any amount collected (either one third or one half, depending on what steps were required to obtain the information used to collect the debt).  Any decision required as to compromise of the amount claimed would remain with the finance department.  It was also noted that SBG has been doing collection work since 1974 and that they are compliant with the Fair Debt Collections Practices Act and are insured should any claim of such a violation be brought.  Finally, it was the opinion of Mike Rizzo that assigning collections that are difficult to recover to SBG would ultimately lead to increased revenues for the city.  Thus, it is the recommendation of the finance committee that the administration be permitted to enter into an agreement with SBG for collection of accounts designated by the finance department.  Committee discussed time lapse would be approximately six months.

      The second issue discussed was that of funding for the S.A.I.L. program.  The request for funding was for $25,000.  Don Adamski was present on behalf of S.A.I.L. and discussed the programs put on and uses for the money.  While the committee recognized the merits of the S.A.I.L. program, the committee also questioned why the school system was not contributing more on an annual basis.  It was explained that the finance committee is attempting to get all organizations who rely largely on the city for financing to become more self-sufficient and look to other potential sources for funding.  Mr. Adamski understood and indicated that S.A.I.L. would look to other potential sources and fundraising to attempt to offset its request from the City in the future.  In light of this understanding and to prevent a lapse in programming for the present year, it was the unanimous recommendation of the committee that the City make a donation of $25,000.

Respectfully submitted,

Todd M. Zimmerman, Chair

Jenny Barlos

Brent Buehrer

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

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

Code Committee 

      The Code Committee met on Friday, October 1, 2004, to discuss an additional appropriation to finish the revision of the Zoning Code.  Present at the meeting were committee members Barlos, Carr and Zimmerman and Sheilah McAdams, Bruce Wholf, John Jezak, Kirk Kern, and Dave Hazard from the administration.

      The discussion centered on an additional appropriation for Poggemeyer Design Group in the amount of $28,857 to conclude the work necessary for the revision of our Zoning Code.  It was the unanimous decision of the committee, after this discussion, to authorize the appropriation, and to proceed with the work on the remaining Zoning Code issues.

Respectfully submitted,

Jenny Barlos, Chair

Richard Carr

Todd Zimmerman 

Mrs. BARLOS moved the report be accepted 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 & Lands Committee.

Buildings & Lands Committee

      The Buildings & Lands Committee met on October 8, 2004, at 4:00 p.m. in the Council Conference Room at 400 Conant Street to discuss the following:

·         A letter from the Maumee Garden Club relative to Conant Street/Anthony Wayne Trail intersection.

·         The matter of a Visitor Center at the Maumee Historic Society Complex.

·         A request for review of Riverside Cemetery operations.

·         A letter from Maumee Rotary Club regarding naming rights for new park on River Road.

·         The matter of an addition to the Maumee Senior Center.

·         The issue of space needs study for all city operations.

·         The matter of Council recording system upgrades.

Present at the meeting:  Brent Buehrer, Mike Coyle, and Tom Shook of the Buildings Lands Committee; Kirk Kern of the administration; Larry Gamble of the Department of Public Service; Dave Hazard and Linda Wilker of the Department of Finance.

      The Committee reviewed the listed items and unanimously recommends the following:

·       The letter from the Maumee Garden Club related to the Conant Street/Anthony Wayne Trail intersection be removed from the committee.  The committee appreciated their concerns and recognized that their letter was a catalyst for the revitalization projects the city is implementing on the Anthony Wayne Trail.

·       The matter of a Visitor Center at the Maumee Historic Society Complex is removed from the committee.  The Maumee Chamber of Commerce is now championing this issue.

·       A request for review of Riverside Cemetery operations is to remain in the committee.  The Maumee Service Department, in the next six months, will be making recommendations for cremains plats and additional burial plats.

·       The letter from Maumee Rotary Club regarding naming rights for the former Edison property purchased by the City of Maumee.  The committee feels at this time the City retain the naming rights, and that the development of the park remain in the committee.

·       The committee has been working with administration on the matter of an addition to the Maumee Senior Center.  With the addition nearing completion the committee requests removal of this item.

·       The issue of a space needs study for all City operations are to remain in the committee.

·       The matter of Council recording system upgrade is to remain in the committee.  The committee would like this issue addressed in the 2005 capitol budget with the service department handling the sound system recommendations and the clerk handling the recording system recommendations. 

Respectfully submitted,

Brent Buehrer, Chair

Tom Shook

Mike Coyle 

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

Brian Tomko, 944 Joliet Drive; Jane Tomko, 944 Joliet Drive; and Sally Pfleghaar, 215 West John Street, requested the City develop a park or gardens with fountain on the site of the former Community Center building, 222 Conant Street and the former Hilltop Automotive, 202 Conant Street.

The Mayor presented a letter sent to the 2004 Port Levy Committee signed by the Mayor and Council in support of Issue 37 for a .4 mil renewal levy. 

Mrs. BARLOS moved to refer the matter of reconstruction of Harrison Street and improvement of north/south uptown streets to the Streets Committee.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Mr. SHOOK moved to refer the matter of microwave transmitters at railroad gates to allow dispatchers to warn safety personnel to the Safety Committee.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Mr. SHOOK moved to remove threatened litigation from the executive session.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Legislation was considered at this time. 

ORDINANCE NO.   293 - 2004                AUTHORIZING AWARD OF JOB CREATION AND RETENTION PILOT PROGRAM GRANT TO UNITED COLLECTION BUREAU, INC., AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only.

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

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

So the Ordinance was passed. 

ORDINANCE NO.   294 – 2004                DETERMINING TO PROCEED WITH THE IMPROVEMENT OF FIFTH STREET BETWEEN CERTAIN POINTS IN THE CITY OF MAUMEE, OHIO, BY PAVING, CONFIRMING ESTIMATED ASSESSMENTS IN RESPECT THERETO, AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only.

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

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

So the Ordinance was passed. 

ORDINANCE NO.   295 – 2004                AUTHORIZING AGREEMENT WITH ALLIED PAVING RELATIVE TO PAVING IMPROVEMENT OF FIFTH STREET IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only.

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

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

So the Ordinance was passed. 

ORDINANCE NO.  296 - 2004       DECLARING CERTAIN PROPERTY OF THE CITY OF MAUMEE TO BE SURPLUS EQUIPMENT, AUTHORIZING DISPOSAL.

The Clerk read the Ordinance by title only.

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

So the Ordinance was passed.

ORDINANCE NO.   297 – 2004                ACCEPTING BID RELATIVE TO CERTAIN IMPROVEMENTS AT FORD FIELD AND ROLF PARK, AUTHORIZING EXECUTION OF CONTRACT, AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only.

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

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

So the Ordinance was passed. 

ORDINANCE NO.   298 – 2004                AUTHORIZING THE MAYOR AND MUNICIPAL CLERK TO ENTER INTO A CONTRACT WITH A CERTIFIED SUPPLIER TO PROVIDE ELECTRICITY FOR THE CITY’S SMALL COMMERCIAL OPT-OUT AGGREGATION PROGRAM; AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only.

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

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

So the Ordinance was passed. 

ORDINANCE NO.   299 – 2004                AUTHORIZING THE MAYOR AND MUNICIPAL CLERK TO ENTER INTO A CONTRACT WITH A CERTIFIED SUPPLIER TO PROVIDE ELECTRICITY FOR THE CITY’S RESIDENTIAL OPT-OUT AGGREGATION PROGRAM; AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only.

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

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

So the Ordinance was passed. 

ORDINANCE NO.   300 – 2004                AUTHORIZING AGREEMENT WITH SEAGATE ROOFING RELATIVE TO ROOF REPAIRS AT THE WOLCOTT COMPLEX IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only.

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

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

So the Ordinance was passed. 

ORDINANCE NO.   301 – 2004                AUTHORIZING AGREEMENT WITH CITY BLUEPRINT RELATIVE TO PRINTING SERVICES FOR THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only.

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

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

So the Ordinance was passed.

ORDINANCE NO.   302 – 2004                AUTHORIZING EMPLOYMENT OF LAW FIRM OF SHEER, GREEN AND BURKE, CO., LPA, FOR LEGAL SERVICES RELATIVE TO COLLECTION OF DELINQUENT TAXES ON BEHALF OF THE CITY OF MAUMEE, AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only.

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

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

So the Ordinance was passed. 

ORDINANCE NO.   303 – 2004                APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS PURPOSES.

The Clerk read the Ordinance by title only.

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

So the Ordinance was passed. 

Mr. SHOOK moved to adjourn to executive session to discuss the purchase and sale of real estate and a personnel matter.  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 7:30 p.m., Monday, November 1, 2004, carried v.v.