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Council Minutes
October 2 and 16, 2006

7:30 P.M. Monday, October 2, 2006

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

Mr. CARR moved to suspend reading the minutes of the September 18, 2006, meeting and approve the Minutes Journal. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Director of Public Service requesting authorization to submit an application for funding to the Ohio Public Works Commission for the Dussel/Salisbury Interchange improvements was read. He stated that plans for the interchange improvements are nearing completion and the Ohio Department of Transportation (ODOT) plans to let bid the project in 2008. He added that the City may join in a funding application with Lucas County to submit to the Ohio Public Works Commission requesting $1,200,000 in funding to meeting the local share requirement.
Mrs. BARLOS moved the necessary legislation be prepared authorizing the Mayor and Clerk to submit an application to the Ohio Public Works Commission for funding for the Dussel/Salisbury Interchange, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor appointing Frank Frey, West Harrison Avenue, as the City’s representative on TARTA’s Board of Trustees to a three-year term effective October 6, 2006, was read.
Mr. CARR moved to confirm the appointment. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor appointing Stephen A. Siravo, Illinois Avenue, to the position of Assistant Supervisor in the Department of Public Service Construction Division, effective October 3, 2006, was read.
Mr. ZIMMERMAN moved to confirm the appointment. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor accepting the resignation of William Giles, Radio & Telephone Operator, Department of Public Safety, effective September 25, 2006, was read.
Mr. BRAINARD moved to confirm the acceptance of the resignation of William Giles effective September 25, 2006, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Director of Public Service requesting an appropriation of funds for the electrical service work at the football fields was read. He stated that personnel from Pierce Electric worked with Service Department personnel to provide electrical service to the football fields. He is requesting an appropriation in the amount of $3,089.77 for this work.
Mr. COYLE moved the necessary legislation be prepared to authorize appropriation of $3,089.77 for electrical service to the youth football fields, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Director of Public Service requesting approval of a contract for construction phase engineering services for the Crystal Avenue Phase 3 Area 2 storm sewer improvements was read. He stated that bidding and construction phase services include preparation of bidding documents, construction inspection, and construction technical assistance. He requested approval of a contract with Arcadis in the amount not to exceed $45,000 for this work.
Mrs. BARLOS moved to allow Mr. Zimmerman to abstain due to a conflict of interest. Roll call: All members present voting yea, the Chair declared the motion carried.
Mrs. BARLOS moved the necessary legislation be prepared authorizing a contract with Arcadis in an amount not to exceed $45,000 for bidding and construction phase services for the Crystal Avenue Phase 3 Area 2 storm sewer improvements, as requested. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle and Pauken (6) voting yea; Zimmerman (1) abstaining; the Chair declared the motion carried by a 6-0 vote.

A letter from the Finance Director regarding financing for construction of sewer improvements was read. He stated that financing for the construction would require issuance of one-year notes with bonds to be issued after construction is complete. He requested that legislation be prepared to authorize issuance of notes for construction of the Phase 3 Area 2 storm sewer improvements.
Mr. PAUKEN moved to allow Mr. Zimmerman to abstain due to a conflict of interest. Roll call: All members present voting yea, the Chair declared the motion carried.
Mr. PAUKEN moved the necessary legislation be prepared to authorize issuance of notes for construction of the Phase 3 Area 2 storm sewer improvements as requested. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle and Pauken (6) voting yea; Zimmerman (1) abstaining; the Chair declared the motion carried by a 6-0 vote.

A letter from the Administrator/Safety Director regarding the development of an action plan in response to the closure of the Ford Motor Company’s Maumee Stamping Plant was read. He stated the Administration has initiated a review of the City’s operations and finances and will prepare a report for the Mayor and Council that will analyze the impact of the closure of this facility. He anticipates completion of this report by Monday, December 4, 2006 and requested this matter be referred to the Committee of the Whole.
Mr. BRAINARD moved to refer Administration’s report analyzing the impact and alternatives involving the closure of the Ford Motor Company’s Maumee Stamping Plant to the Committee of the Whole, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Director of Public Service requesting to rescind the award of a construction contract and to award separate contracts for plumbing and mechanical work at the new Fire Station was read. He stated that after making a recommendation for contract award, and prior to the execution of contracts, representatives from Poggemeyer Design Group determined that an error occurred when tabulating the plumbing/mechanical bids. He recommended that Ordinance 165-2006 be repealed and that two separate contracts be awarded for plumbing and mechanical work: Bayes, Inc., plumbing in the amount of $300,000; and Warner, mechanical in the amount of $707,444, for a total of $1,007,444 reducing the previous project total by $2,000 at $5,539,750.
Mr. BUEHRER moved the necessary legislation be prepared to repeal Ordinance 165-2006, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.
Mr. BUEHRER moved that the bid of Bayes, Inc. in the amount of $300,000 for plumbing at the new Fire Station be declared the lowest and best and that the necessary legislation be prepared to authorize a contract, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.
Mr. BUEHRER moved that the bid of Warner Mechanical in the amount of $707,444 for mechanical for Fire Station be declared the lowest and best and that the necessary legislation be prepared to authorize a contract, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Finance Director requesting legislation to assess the homeowners’ share of sidewalk improvements constructed in 2006 was read. He stated that construction of sidewalk repairs is complete and final costs have been calculated. He requested that legislation be prepared to levy sidewalk assessments on 266 parcels in the amount of $40,856.99.
Mr. COYLE moved the necessary legislation be prepared to authorize the levying of sidewalk assessments in the amount of $40,856.99, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Administrator requesting authorization of a contract for the Suburban Court Services Program was read. John Arnsby, Maumee Prosecutor, reported that the victim advocate role is appropriate for the Prosecutor’s office rather than as Municipal Court staff as currently funded. He added that the program, administered by the Lucas County Prosecutor, will be discontinued after September, 2007. He stated a local share contribution in the amount of $9,635 is needed to continue the program until that time. He also proposed a cost-sharing agreement with other jurisdictions be pursued.
Mr. CARR moved the necessary legislation be prepared to authorize an agreement with the Lucas County Board of Commissioners for the Suburban Courts’ Services Program in the amount of $9,635, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.
Mr. CARR moved Administration be directed to pursue contributions for funding from Waterville, Whitehouse and Swanton, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.
Mr. CARR moved to refer the matter of a victim advocate program in the future to the Municipal Court Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting authorization of agreements for water and sewer improvements within the Lucas County Metropolitan Water and Sewer District was read. He stated that it is necessary to enter into agreements with Lucas County to allow the City to construct the water and sanitary sewer lines for the Shops at Fallen Timbers.
Mr. PAUKEN moved the necessary legislation be prepared to authorize agreements with the Lucas County Commissioners to allow for water and sewer improvements for the Shops at Fallen Timbers, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Finance Director requesting authorization of depository agreements with Charter One Bank, Fifth Third Bank of Northwest Ohio NA, First Federal Bank of Defiance, Genoa Bank, Huntington Bank, Key Bank, National City Bank, and Sky Bank; and requesting authorization to continue the banking services agreement with Fifth Third Bank was read. He stated that the City maintains depository agreements with any bank holding deposits and these agreements require the bank to collateralize the deposits and to handle the funds according to the City’s Investment and Depository policy. He also stated the City employs Fifth Third Bank of Northwest Ohio for many banking services and he requested authorization to continue the banking service agreement with Fifth Third Bank for two years beginning October 7, 2006.
Mrs. BARLOS moved the necessary legislation be prepared to authorize banking services agreement and depository agreements, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Finance Director requesting authorization of an agreement for accounting services for preparation of the annual financial report was read. He stated Schonhardt & Associates has proposed a three-year contract for report years 2006, 2007, and 2008 for an amount not to exceed $18,500 each year. He added that contracted cost for 2005 was also $18,500 with actual billing under $17,350.
Mr. BRAINARD moved the necessary legislation be prepared to authorize a contract with Schonhardt & Associates in an amount not to exceed $18,500 annually for three years for accounting services as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Commissioner of Human Resources requesting approval of a contract with a Transitional Work Program provider and authorization to apply for a BWC Transitional WorkGRANT$ Program grant was read. She stated that to reduce costs incurred with work-related injuries/illnesses, decrease injured workers’ lost-time days, and promote their recovery to full work capacity, the City can develop a transitional work program in conjunction with an Ohio Bureau of Workers’ Compensation (BWC) grant program. She said the BWC will reimburse up to 80% of the development cost associated with implementing such a program. She requested Council’s approval of a contract with Therapy Works, Holland, Ohio, to act as the City’s Transitional Work Program provider, and authorization for a BWC Transitional WorkGRANT$ Program grant.
Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize a contract with Therapy Works to act as the City’s Transitional Work Program provider; to authorize the Municipal Clerk to apply for a Transitional WorkGRANT$ Program grant through the Ohio Bureau of Workers’ Compensation; and to accept such grant funds, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Commissioner of Public Service requesting authorization of the purchase of a street sweeper was read. He recommended the purchase, through the State Cooperative Purchasing Program, of a Schwarze A7000 sweeper from Southeastern Equipment of Perrysburg, Ohio, with trade-in of the existing 2000 street sweeper in the net amount of $136,000.
Mr. BUEHRER moved the necessary legislation be prepared to authorize a contract with Southeastern Equipment Co. in the net amount of $136,000 for the purchase of a Schwarze street sweeper; and authorize the trade-in of a 2000 Elgin street sweeper, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Administrator regarding a request to transfer a liquor license to Gianno’s at The Inn was read. He stated that a request has been received from Attorney Joseph Pilkington representing Skiles & Sader Limited (dba Gianno’s at the Inn) indicating his client’s desire to assume an existing liquor permit at 301 River Road in Maumee. He added that since the application was obtained under the Ohio Revised Code Section 4303.29, it is considered an economic development transfer.
Mr. PAUKEN moved to authorize the administration to prepare a letter of support, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

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

Mr. Zimmerman read the following report from the Finance & Economic Development Committee:

Finance & Economic Development Committee

On September 25, 2006 the Finance Committee met to discuss the crossing guard structure to be located in front of the new Fort Miami School and the issue of financing for the Phase I public improvements for the Fallen Timbers project. Present from the committee were Jenny Barlos, Doug Brainard and Todd Zimmerman. Also present were councilman Brent Buehrer and Larry Gamble, John Jezak, Dave Hazard, Sheila McAdams and Mike Rizzo from the administration.

Discussion was first held on the crossing guard structure and the committee unanimously agreed that the current estimate of approximately $32,000 seemed high for a guard structure. Mr. Gamble indicated that he would look into potential alternatives and bring the material back to the committee. Thus, the issue should remain in committee for further discussion.

Discussion was then held regarding the need to issue debt for the Phase I public improvements for the Shops at Fallen Timbers project at this time. As was discussed, the issuance of this debt is required as part of the TIF agreement. Mr. Hazard indicated that most likely the debt issued would be notes that ultimately would be converted to bonds. It was also discussed that the issuance of an official statement might reduce the interest paid on the debt, but the savings would be offset by the cost of putting together such an official statement.

It was the committee’s unanimous recommendation that the administration be permitted to proceed with arranging the debt issuance for the Phase I public improvements for the Shops at Fallen Timers project as required by agreement. It is further the unanimous recommendation that no official statement be prepared regarding the debt issuance, as there do not appear any overall savings.

Respectfully submitted,

Todd Zimmerman, Chairman
Jenny Barlos
Doug Brainard

Mr. ZIMMERMAN moved to authorize legislation be prepared for the issuance of notes for construction of Phase I Public Improvements for the Shops at Fallen Timbers. Roll call: All members present voting yea, the Chair declared the motion carried.

Mrs. Barlos gave a verbal report of the Committee of the Whole:

Committee of the Whole

Mrs. Barlos gave a verbal report of the Committee of the Whole meeting. She stated that the Committee of the Whole met on September 26, 2006 at 6:00 p.m. to hold a work session to discuss the functions of the City's personnel system. Michael Angelo, the City's labor counsel, and Dr. Mark Erenburg, KAF Systems, were present to facilitate the discussion. After discussing the Council members' expectations of such a system, the members present agreed to have Mr. Angelo compile their priority lists and report his findings to the Personnel Committee at a future meeting.

Jenny Barlos, Acting Chairman

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

Code Committee

The Code Committee met on Monday, September 25, 2006 to discuss possible changes to the Nuisance section of the Code. Present at the meeting were committee members Barlos, Buehrer and Zimmerman; Sheila McAdams, Bruce Wholf, Dave Hazard, Larry Gamble and John Jezak of the administration.

The discussion started with the changes to the nuisance code suggested by Ms. McAdams and Mr. Wholf. Those changes include:

·         Updating to the definitions.
·         Creating 3 different procedures including Emergency, Summary and Non-Summary, depending on the severity of the nuisance.
·         Creating a formalized system of notice.
·         Creating a Nuisance Abatement Hearing Board for nuisance appeals.
·         Creating a provision for giving demolition notice to a mortgage company or other person of interest.
·         Creating a new criminal offense called “Unlawful Interference Prohibited” which will be second-degree mis.

After discussing the proposed changes and the reasons for the changes, the committee unanimously recommended adopting the changes as specified in the attached copy of the revised nuisance code.

Respectfully submitted,
Jenny Barlos, Chairman
Brent Buehrer
Todd Zimmerman

Mrs. BARLOS moved the necessary legislation be prepared to adopt the changes as specified in the revised nuisance code. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Zimmerman reported that State Auditor Betty Montgomery has selected the City for the Auditor’s Award for 2004 and will present the award to the Finance Department on Friday, October 6, in City Hall.

Mr. Zimmerman reported that there will be a meeting of Monclova-Maumee-Toledo Joint Economic Development (JEDZ) Board on October 19, 2006 to discuss what the objectives of the JEDZ should be. He asked for suggestions on whether the board should “keep it simple” or dedicate more resources to development by trying to attract new business and growth. Mr. Zimmerman requested input from Council members on the matter.

Legislation was considered at this time.

ORDINANCE NO. 180 – 2006 AUTHORIZING FILING OF APPLICATIONS FOR FUNDS WITH THE OHIO PUBLIC WORKS COMMISSION RELATIVE TO THE SALISBURY ROAD/DUSSEL DRIVE INTERCHANGE IMPROVEMENT PROJECT, AUTHORIZING EXECUTION OF AGREEMENTS, COMMITTING FUNDS FOR LOCAL SHARE, 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: Buehrer, Carr, Coyle, Pauken, Zimmerman, Barlos and Brainard, (7) voting yea; nays, none.
Mr. COYLE moved the ordinance be placed on its final passage and passed. Roll call: Buehrer, Carr, Coyle, Pauken, Zimmerman, Barlos and Brainard (7) voting yea; nays, none.
So the Ordinance was passed.

ORDINANCE NO. 181 – 2006 AUTHORIZING EMPLOYMENT OF ARCADIS G&M, INC., ENGINEERS, RELATIVE TO PROVISION OF BIDDING AND CONSTRUCTION PHASE ENGINEERING SERVICES FOR THE PHASE 3 AREA 2 STORM SEWER IMPROVEMENT PROJECT IN 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: Buehrer, Carr, Coyle, Pauken, Barlos and Brainard, (6) voting yea; Zimmerman (1) abstaining; nays, none.
Mr. BRAINARD moved the ordinance be placed on its final passage and passed. Roll call: Buehrer, Carr, Coyle, Pauken, Barlos and Brainard (6) voting yea; Zimmerman (1) abstaining; nays, none.
So the Ordinance was passed by a 6-0 vote.

ORDINANCE NO. 182 – 2006 ACCEPTING BID FOR PLUMBING IMPROVEMENTS TO THE PROPOSED NEW FIRE STATION, AUTHORIZING CONTRACT, REPEALING ORDINANCE NO. 165-2006, 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: Buehrer, Carr, Coyle, Pauken, Zimmerman, Barlos and Brainard, (7) voting yea; nays, none.
Mrs. BARLOS moved the ordinance be placed on its final passage and passed. Roll call: Buehrer, Carr, Coyle, Pauken, Zimmerman, Barlos and Brainard (7) voting yea; nays, none.
So the Ordinance was passed.

ORDINANCE NO. 183 – 2006 ACCEPTING BID FOR MECHANICAL IMPROVEMENTS TO THE PROPOSED NEW FIRE STATION, AUTHORIZING CONTRACT, AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only.
Mr. CARR moved the ordinance be passed as an emergency measure. Roll call: Buehrer, Carr, Coyle, Pauken, Zimmerman, Barlos and Brainard, (7) voting yea; nays, none.
Mr. CARR moved the ordinance be placed on its final passage and passed. Roll call: Buehrer, Carr, Coyle, Pauken, Zimmerman, Barlos and Brainard (7) voting yea; nays, none.
So the Ordinance was passed.

ORDINANCE NO. 184 – 2006 LEVYING SPECIAL ASSESSMENTS FOR PROPERTY OWNERS’ SHARE OF THE COST OF CONSTRUCTION OF CERTAIN SIDEWALKS IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only.
Mr. PAUKEN moved the ordinance be passed as an emergency measure. Roll call: Buehrer, Carr, Coyle, Pauken, Zimmerman, Barlos and Brainard, (7) voting yea; nays, none.
Mr. PAUKEN moved the ordinance be placed on its final passage and passed. Roll call: Buehrer, Carr, Coyle, Pauken, Zimmerman, Barlos and Brainard (7) voting yea; nays, none.
So the Ordinance was passed.

ORDINANCE NO. 185 – 2006 AUTHORIZING EXECUTION OF AGREEMENT WITH THE LUCAS COUNTY BOARD OF COMMISSIONERS RELATIVE TO PARTICIPATION IN TOLEDO/LUCAS COUNTY VICTIM-WITNESS ASSISTANCE PROGRAM BY THE CITY OF MAUMEE, OHIO, 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: Buehrer, Carr, Coyle, Pauken, Zimmerman, Barlos and Brainard, (7) voting yea; nays, none.
Mr. ZIMMERMAN moved the ordinance be placed on its final passage and passed. Roll call: Buehrer, Carr, Coyle, Pauken, Zimmerman, Barlos and Brainard (7) voting yea; nays, none.
So the Ordinance was passed.

ORDINANCE NO. 186 – 2006 AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF MAUMEE AND LUCAS COUNTY BOARD OF COMMISSIONERS RELATIVE TO CONSTRUCTION OF WATER SUPPLY LINES WITHIN THE LUCAS COUNTY WATER DISTRICT, 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: Buehrer, Carr, Coyle, Pauken, Zimmerman, Barlos and Brainard, (7) voting yea; nays, none.
Mr. BUEHRER moved the ordinance be placed on its final passage and passed. Roll call: Buehrer, Carr, Coyle, Pauken, Zimmerman, Barlos and Brainard (7) voting yea; nays, none.
So the Ordinance was passed.

ORDINANCE NO. 187 – 2006 AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF MAUMEE AND LUCAS COUNTY BOARD OF COMMISSIONERS RELATIVE TO CONSTRUCTION OF A SANITARY SEWERAGE SYSTEM WITHIN THE LUCAS COUNTY SANITARY SEWER DISTRICT, AND DECLARING AN EMERGENCY.

ORDINANCE NO. 188 – 2006 DESIGNATING DEPOSITORIES FOR ACTIVE AND INTERIM FUNDS OF THE CITY, AUTHORIZING EXECUTION OF CONTRACTS GOVERNING SUCH DEPOSITS, 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: Buehrer, Carr, Coyle, Pauken, Zimmerman, Barlos and Brainard, (7) voting yea; nays, none.
Mr. BRAINARD moved the ordinance be placed on its final passage and passed. Roll call: Buehrer, Carr, Coyle, Pauken, Zimmerman, Barlos and Brainard (7) voting yea; nays, none.
So the Ordinance was passed.

ORDINANCE NO. 189 – 2006 AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF MAUMEE AND FIFTH THIRD BANK OF NORTHWESTERN OHIO, N.A., RELATIVE TO PROVISION OF BANKING SERVICES TO THE CITY OF MAUMEE, AND DECLARING AN EMERGENCY.

ORDINANCE NO. 190 – 2006 AUTHORIZING CONTRACT WITH SCHONHARDT & ASSOCIATES RELATIVE TO FINANCIAL CONSULTING SERVICES FOR THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.

ORDINANCE NO. 191 – 2006 AUTHORIZING CONTRACT WITH THERAPY WORKS RELATIVE TO IMPLEMENTATION OF TRANSITIONAL WORK PROGRAM FOR THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.

RESOLUTION NO. 192 – 2006 AUTHORIZING THE MAYOR AND MUNICIPAL CLERK TO FILE AN APPLICATION WITH THE OHIO BUREAU OF WORKERS’ COMPENSATION TO PARTICIPATE IN THE TRANSITIONAL WORKGRANT$ PROGRAM, AUTHORIZING ACCEPTANCE OF GRANT, AND DECLARING AN EMERGENCY.

The Clerk read the Resolution by title only.
Mr. ZIMMERMAN moved the resolution be passed as an emergency measure. Roll call: Buehrer, Carr, Coyle, Pauken, Zimmerman, Barlos and Brainard, (7) voting yea; nays, none.
Mr. ZIMMERMAN moved the resolution be placed on its final passage and passed. Roll call: Buehrer, Carr, Coyle, Pauken, Zimmerman, Barlos and Brainard (7) voting yea; nays, none.
So the Resolution was passed.

ORDINANCE NO. 193 – 2006 AUTHORIZING PURCHASE OF STREET SWEEPER FOR THE DEPARTMENT OF PUBLIC SERVICE, AND DECLARING AN EMERGENCY.

ORDINANCE NO. 194 – 2006 AMENDING THE MAUMEE REVISED CODE RELATIVE TO PUBLIC NUISANCES, REPEALING CERTAIN SECTIONS, AND DECLARING AN EMERGENCY.

ORDINANCE NO. 195 – 2006 APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS PURPOSES.

The Clerk read the Ordinance by title only.
Mr. BRAINARD moved the ordinance be placed on its final passage and passed. Roll call: Buehrer, Carr, Coyle, Pauken, Zimmerman, Barlos and Brainard (7) voting yea; nays, none.
So the Ordinance was passed.

Mr. CARR moved to adjourn until 7:30 p.m., Monday, October 16, 2006, carried v.v.

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7:30 P.M. Monday, October 16, 2006

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

Mayor Wagener and Council President Carr presented a proclamation to Maumee City Schools, members of the school board, and administration in recognition of the "Excellent" rating awarded Maumee City Schools by the Ohio Department of Education.

Mr. CARR moved to suspend reading the minutes of the October 2, 2006, meeting and approve the Minutes Journal. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Director of Public Service requesting authorization to purchase an additional pick-up truck for the Construction Division of the Department of Public Service was read. He stated that he has obtained two proposals and he requested authorization of a purchase agreement with Brondes Ford of Maumee for a new 2007, F-150 pick-up truck, in the amount of $24,998.41.
Mr. COYLE moved to allow Mr. Carr to abstain 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 purchase contract with Brondes Ford in the amount of $24,998.41 for the purchase of a 2007 F150 pick-up for the Division of Construction, as requested. Roll call: Barlos, Brainard, Buehrer, Coyle, Pauken and Zimmerman (6) voting yea; Carr (1) abstaining; the Chair declared the motion carried by a 6-0 vote.

A letter from the Commissioner of Human Resources requesting authorization to engage St. Luke's Hospital to provide influenza vaccines to City employees was read. She stated that St. Luke's Hospital will administer the flu shots for $22 per person. She said employees will receive the flu shots at no charge with spouses paying $22 each. She requested authorization to enter into an agreement with St. Luke's Hospital to provide influenza vaccines to the employees and spouses in an amount not to exceed $4,000.
Mr. BUEHRER moved the necessary legislation be prepared to authorize a contract with St. Luke's Hospital in an amount not to exceed $4,000 to provide influenza vaccines, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Police Chief requesting authorization for the Mayor and Finance Director to enter into a one-year Support Service Agreement with Sound Communications, Grove City, Ohio, for the radio and telephone recording system at the Maumee Police/Fire Communication Center was read. He stated that this is an annual renewal and will cost $2,297.13 for 2007, compared to $2,396.13 in 2006.
Mrs. BARLOS moved the necessary legislation be prepared to authorize the Mayor and Finance Director to enter into a one-year support service agreement with Sound Communications in the amount of $2,297.13, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Finance Director requesting legislation to authorize additional service providers for the City's health plan was read. He stated that a feature of the City's agreement with CBCA, the third party administrator of the City's health insurance program, provides that CBCA will seek and arrange access to providers outside the City's network and that this is needed for people traveling outside of the area or for specialists not available in the network.
Mr. BRAINARD moved the necessary legislation be prepared to authorize the Mayor and Clerk to execute additional contracts relative to 2006 Health Insurance coverage for the City's health plan, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Finance Director requesting authorization for renewal of the service agreement for voice and data circuits with Buckeye TeleSystem, Inc., was read. He said Buckeye TeleSystem proposed an increase in band width for internet access, price decreases in major services, and an overall price decrease of $211 per month for flat rate service. He requested authorization for renewal of the service agreement for flat rate services totaling $2,574 monthly with Buckeye TeleSystem, Inc.
Mr. PAUKEN moved the necessary legislation be prepared to authorize a three-year service agreement with Buckeye TeleSystem, Inc., for voice and data communication service, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Finance Director requesting authorization to prepare an official statement for issuing debt for construction projects was read. He stated that the Finance Committee recommended, and Council directed, that the upcoming construction debt issue be prepared without an Official Statement. He stated he has found since that the advantage of preparing an Official Statement now appears to be worth the effort to do so. He recommended the preparation of an Official Statement in conjunction with notes to be sold to finance construction of public improvements for the Shops at Fallen Timbers and Phase 3 Area 2 sewer improvements.
Mrs. BARLOS moved to allow Mr. Zimmerman to abstain due to a conflict of interest. Roll call: All members present voting yea, the Chair declared the motion carried.
Mrs. BARLOS moved to authorize the Finance Director to prepare an official statement for issuing debt for construction projects, as requested. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle and Pauken (6) voting yea; Zimmerman (1) abstaining; the Chair declared the motion carried by a 6-0 vote.

An application of T Mobile USA, Inc., for Special Use Permit to allow construction of a cell phone tower at the rear of the high school property was presented.
Mr. CARR moved to refer the matter to the Municipal Planning Commission. Roll call: All members present voting yea, the Chair declared the motion carried.

An application of Nextel West, Inc., for amendment of a Special Use Permit to allow additional antennas to be placed on the water tower at the Parkway Plaza was presented. Mr. Carr noted the previous approval was conditioned upon no further amendments from the property owner. Mr. Zimmerman raised the question of a need for a consultant familiar with telecommunications issues to assist the Planning Commission.
Mr. CARR moved to postpone discussion until the end of the agenda. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Administrator requesting consideration of an application from Shelly Materials, Inc., for a Job Creation and Retention Grant was read. He stated that the company proposes to locate a new concrete plant at 1360 Ford Street at its existing stone quarry and that, after one year of operation, the company will have 29 full time employees with an annualized estimated payroll of $888,000 at this location. He recommended that a Job Creation & Retention Grant be awarded to Shelly Materials, Inc., in an amount of up to $4,400 annually each of the next four years in conformance with the revised program regulations adopted in May, 2006.
Mr. COYLE moved the necessary legislation be prepared to authorize a Job Creation and Retention Grant for Shelly Materials, Inc. for up to $4,400 annually for four years, as recommended. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor accepting the retirement resignation of Jay Hahn, Assistant Supervisor, Service Operations, was read.
Mr. CARR moved to confirm the acceptance of the retirement of Jay Hahn effective January 2, 2007, and to authorize the Administration to fill the position. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Administrator regarding the request of Maumee City Schools for endorsement of the School's permanent improvement tax levy issue was read. He stated the Maumee School District has a .75 mill permanent improvement levy on the November 7th ballot for replacing and upgrading various types of equipment and facilities owned by the District. He stated he recommends support of this request. Mr. CARR moved to allow Mr. Pauken to abstain due to a conflict of interest. Roll call: All members present voting yea, the Chair declared the motion carried. Mr. CARR moved to endorse the .75 mill permanent improvement levy for the Maumee City Schools. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle and Zimmerman (6) voting yea; Pauken (1) abstaining; the Chair declared the motion carried by a 6-0 vote.

A letter from the Clerk of Court requesting authorization of an agreement with Jefferson Audio Video Systems, Inc., to maintain the court recording system was read. She requested authorization to enter into an annual maintenance agreement with Jefferson Audio Video Systems, Inc., in the amount of $3,000 for the period December 1, 2006 through November 30, 2007.
Mr. BRAINARD moved the necessary legislation be prepared to authorize a maintenance agreement with Jefferson Audio Video Systems, Inc. in the amount of $3,000 for the court recording system, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

The Mayor declared a five-minute recess to allow the Law Director and Building & Zoning Inspector time to return.

When Council reconvened, the Law Director requested the application for amendment of the Special Use Permit for Parkway Plaza to allow additional antennas be tabled to allow time to investigate the legal aspects and to develop a recommendation regarding a telecommunication consultant.
Mr. CARR moved to table to the November 6th meeting the application of Nextel West, Inc., for amendment of a Special Use Permit to allow additional antennas to be placed on the water tower at the Parkway Plaza and to direct the Administration to make a recommendation regarding engaging a telecommunication consultant. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Carr reported the Committee of the Whole met just before tonight's meeting and discussed items on the agenda including a presentation by Mr. Don Weber, Vice President, Shelly Materials, Inc., regarding their request for a Job Creation and Retention Grant. Questions regarding the report of the Personnel Committee were addressed and answered by Mrs. Barlos and Mr. Brainard.

Mr. Brainard read the following report from the Personnel Committee:

Personnel Committee

Personnel Committee On Wednesday, October 11, 2006, the Personnel Committee of Council met. Present at the meeting were: Mike Angelo, Larry Gamble, John Jezak, Linda Wilker, Sheilah McAdams, Dave Hazard, Tim Pauken, Jenny Barlos and Doug Brainard. Absent due to business conflict was Brent Buehrer. The meeting was held to review the report prepared by Mr. Angelo compiling the bullet points presented at the Committee of the Whole work session a week ago. This meeting also provided some time to discuss other matters relative to a Human Resource Unit within the City. The first order of business pertained to the Human Resource Unit of the City. The question had been asked previously should the H.R. Unit remain under the Finance Dept. or should it be a Department of its' own or should it be part of the Administration Department of the City. From the input from Council it would appear that the majority felt that the human resource unit should be removed from the finance department. However, to form a separate department it may be necessary to do a charter change. It would appear from the discussion that perhaps the more appropriate action to take would be to put the human resource unit under the Administration Department thus making the human resource unit a human resource division similar to the police or fire division. It was suggested that a cost analysis be completed to ascertain the cost involved in making such a move and how this move would impact the Finance Department. It was suggested also that the Committee be provided with the names of the personnel within the Finance Department that also work in the Human Resource Department and how much time is devoted to each task.

Next, the Committee discussed the document prepared by Mr. Angelo and how this could be used to create a policy for the Human Resource Division. It was the opinion of Mr. Jezak that before a policy could be created, a mission statement must first be established. It appeared that Mr. Angelo had included in his draft a version of a mission statement to follow. During this discussion it was brought up again about completing the task of updating the job descriptions and perhaps this should be done prior to the policy being created or could the policy creation be completed or worked on simultaneously. It has been indicated that perhaps the City should seek out a consultant to assist in the job description update and if this was to be done, should we also look at a full service consultant that would respond to all of the human resource aspects to include job descriptions, policy, and evaluations. I pointed out that I would prefer to keep the evaluation policy separate from the basic human resource policy and bring that matter back to committee once a basic policy has been established. A time frame was suggested to have this completed. This committee member did not feel that the suggested time frame was acceptable to my goal for the committee and asked that all work continue and be incorporated into the existing schedule of the administration. The Committee would continue to meet on a regular basis expecting updates in the progress that is being made. The meeting was concluded with the following matters being decided upon: 1. The Human Resource Unit for the City will develop at this time as a Division. 2. That a cost analysis will be done to see how much cost would be involved to move from the Finance Department to the Administrative Department. 3. That a list of names of employees working in both Finance and Human Resources and how much time is devoted to each task performed by supplied to the Committee. 4. A mission statement will be completed prior to the policy creation. 5. The Administration will be formally instructed to supply the Committee with at least the name and cost of three consultants that can be used to satisfy the job description update and policy suggestion. 6. That the Administration work into their current schedules some time devoted to completing the human resource tasks the Committee finds necessary in order to establish a working policy for the human resource division to follow. 7. That the Personnel Committee of Council will continue to meet and expect updates on what has been completed by the Administration working toward the goal of establishing a working policy for the Human Resource Division of the City of Maumee. Respectfully submitted, Doug Brainard, Chairman Jenny Barlos Brent Buehrer

Mr. Brainard stated the committee would continue to consider the matters. Mr. BRAINARD moved to affirm that the Human Resource unit be organized as a Division. Roll call: All members present voting yea, the Chair declared the motion carried. Mr. BRAINARD moved that the Administration present the Committee with at least three consultants who can satisfy job description update and policy development. Roll call: All members present voting yea, the Chair declared the motion carried.

The Mayor moved to appropriate an additional $1,000 for the Holiday Lights Parade to cover any incidental expenses. Roll call: All members present voting yea, the Chair declared the motion carried.

Legislation was considered at this time.

ORDINANCE NO. 196 - 2006 AUTHORIZING PURCHASE OF PICK-UP TRUCK 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: Coyle, Pauken, Zimmerman, Barlos and Buehrer (6) voting yea; Carr (1) abstaining; nays, none.
Mr. COYLE moved the ordinance be placed on its final passage and passed. Roll call: Coyle, Pauken, Zimmerman, Barlos and Buehrer (6) voting yea; Carr (1) abstaining; nays, none.
So the Ordinance was passed by a 6-0 vote.

ORDINANCE NO. 197 - 2006 AUTHORIZING CONTRACT WITH ST. LUKE'S HOSPITAL RELATIVE TO EMPLOYEE HEALTH 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: Coyle, Pauken, Zimmerman, Barlos, Buehrer and Carr (7) voting yea; nays, none.
Mr. BRAINARD moved the ordinance be placed on its final passage and passed. Roll call: Coyle, Pauken, Zimmerman, Barlos, Buehrer and Carr (7) voting yea; nays, none.
So the Ordinance was passed.

ORDINANCE NO. 198 - 2006 AUTHORIZING EXECUTION OF CONTRACT WITH SOUND COMMUNICATIONS RELATIVE TO SUPPORT SERVICE FOR CERTAIN RADIO AND TELEPHONE RECORDING EQUIPMENT IN MAUMEE POLICE/FIRE COMMUNICATION CENTER 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: Coyle, Pauken, Zimmerman, Barlos, Buehrer and Carr (7) voting yea; nays, none.
Mrs. BARLOS moved the ordinance be placed on its final passage and passed. Roll call: Coyle, Pauken, Zimmerman, Barlos, Buehrer and Carr (7) voting yea; nays, none.
So the Ordinance was passed.

ORDINANCE NO. 199 - 2006 AUTHORIZING MAYOR AND CLERK TO EXECUTE ADDITIONAL CONTRACTS RELATIVE TO 2006 HEALTH CARE COVERAGE FOR EMPLOYEES OF THE CITY OF MAUMEE, AND DECLARING AN EMERGENCY.
The Clerk read the Ordinance by title only.
Mr. CARR moved the ordinance be passed as an emergency measure. Roll call: Coyle, Pauken, Zimmerman, Barlos, Buehrer and Carr (7) voting yea; nays, none.
Mr. CARR moved the ordinance be placed on its final passage and passed. Roll call: Coyle, Pauken, Zimmerman, Barlos, Buehrer and Carr (7) voting yea; nays, none.
So the Ordinance was passed.

ORDINANCE NO. 200 - 2006 AUTHORIZING CONTRACT WITH BUCKEYE TELE-SYSTEMS FOR VOICE AND DATA CIRCUITS AND TELEPHONE SERVICES, AND DECLARING AN EMERGENCY.
The Clerk read the Ordinance by title only.
Mr. PAUKEN moved the ordinance be passed as an emergency measure. Roll call: Coyle, Pauken, Zimmerman, Barlos, Buehrer and Carr (7) voting yea; nays, none.
Mr. PAUKEN moved the ordinance be placed on its final passage and passed. Roll call: Coyle, Pauken, Zimmerman, Barlos, Buehrer and Carr (7) voting yea; nays, none.
So the Ordinance was passed.

ORDINANCE NO. 201 - 2006 AUTHORIZING AWARD OF JOB CREATION AND RETENTION PILOT PROGRAM GRANT TO SHELLY MATERIALS, INC., 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: Coyle, Pauken, Zimmerman, Barlos, Buehrer and Carr (7) voting yea; nays, none.
Mr. ZIMMERMAN moved the ordinance be placed on its final passage and passed. Roll call: Coyle, Pauken, Zimmerman, Barlos, Buehrer and Carr (7) voting yea; nays, none.
So the Ordinance was passed.

ORDINANCE NO. 202 - 2006 AUTHORIZING MAINTENANCE AGREEMENT FOR AUDIO/ VISUAL RECORDING SYSTEM OF THE MAUMEE MUNICIPAL COURT, 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: Coyle, Pauken, Zimmerman, Barlos, Buehrer and Carr (7) voting yea; nays, none.
Mr. BUEHRER moved the ordinance be placed on its final passage and passed. Roll call: Coyle, Pauken, Zimmerman, Barlos, Buehrer and Carr (7) voting yea; nays, none.
So the Ordinance was passed.

ORDINANCE NO. 203 - 2006 APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS PURPOSES.
The Clerk read the Ordinance by title only.
Mr. COYLE moved the ordinance be placed on its final passage and passed. Roll call: Coyle, Pauken, Zimmerman, Barlos, Buehrer and Carr (7) voting yea; nays, none.
So the Ordinance was passed.

Mr. CARR moved to adjourn to executive session to discuss collective bargaining matters. Roll call: All members present voting yea, the Chair declared the motion carried.

When Council returned from Executive Session, Mr. PAUKEN moved to adjourn until 7:30 p.m., Monday, November 6, 2006, carried v.v.