Council Minutes
September 4 and 17, 2007

7:30 P.M. Tuesday, September 4, 2007 

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 presented a proclamation to the Police Chief declaring September to be National Preparedness Month and encouraging residents to prepare for all types of emergencies.

Mr. CARR moved to suspend reading the minutes of the August 20, 2007 regular meeting and approve the Minutes Journal. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Municipal Planning Commission recommending approval of zoning regulations for telecommunications towers was read. The Planning Commission recommended amendment of the zoning code to establish standards for regulation of telecommunication towers and antennas after holding a public hearing July 23 and August 27, 2007. The regulations require site plan review and set limits to height and proximity to neighboring properties.
Mr. BUEHRER moved the necessary legislation be prepared approving amendment of the zoning code to establish standards for regulations of telecommunication towers and antennas, as recommended. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor accepting the resignation of Richard Hasbrook from the Municipal Planning Commission effective August 30, 2007 was read.
Mr. BRAINARD moved to confirm the Mayor's acceptance of the resignation of Richard Hasbrook from the Municipal Planning Commission effective August 30, 2007. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from Jason George, attorney for the City in the matter of hospital revenue bonds for St. Luke's Hospital, recommending amendment of the lease, sublease, and bond indenture regarding certain property to allow construction of the Diabetes and Wound Care Center was read. He stated that the City of Maumee served as the conduit issuer for bonds with the purpose of making monies available to St. Luke's Hospital to refinance prior indebtedness, which financed the Hospital's facilities located in the City. He explained that in connection with the issuance of the bonds (Series 2004), the City and the Hospital entered into a lease and sublease whereby the Hospital leased its facilities to the City and the City subleased such facilities to the Hospital. He noted that the Hospital wishes to release certain property from the lease and sublease in order to construct a proposed Diabetes and Wound Care Center.
Mr. COYLE moved to allow Mr. Buehrer 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 authorizing amendment of the lease, sublease, and bond indenture relating to the Ohio Hospital Facilities Revenue Refunding Bonds, as requested. Roll call: Barlos, Brainard, Carr, Coyle, Pauken and Zimmerman (6) voting yea; Buehrer (1) abstaining; the Chair declared the motion carried by a vote of 6-0.

A letter from the Director of Public Service requesting approval of a contract to install a lining system in the storm sewer line and manhole at River Road and Key Street was read. He requested approval of a contract with V-Tac Group, Macomb, Michigan, in the amount of $19,650 to install a polyurea foam lining system within that portion of the 60-inch storm sewer under River Road and in the manhole on the south side of the street.
Mr. PAUKEN moved the necessary legislation be prepared to authorize a contract with V-Tac in the amount of $19,650 for the installation of a storm sewer lining system at River Road and Key Street. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Finance Director requesting authorization of an easement at the new fire station allowing installation of facilities for phone and data services was read.
Mrs. BARLOS moved that the necessary legislation be prepared to authorize an easement with Buckeye Cablevision, Inc., at the new fire station allowing installation of facilities for phone and data services. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Chief of Police requesting authorization of a contract for maintenance of the police building access control and security system (DECS) was read. He stated that Design Engineers and Consulting Associates (DECA) has proposed a one-year service/maintenance agreement in an amount not to exceed $2,960. He stated that the service provided by DECA has been more than satisfactory and he recommends an annual agreement with them for this service.
Mr. CARR moved the necessary legislation be prepared to authorize a contract with Design Engineers & Consulting Associates (DECA) in the amount of $2,960 for maintenance of the police building security and control system. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Fire Chief requesting approval of the purchase of appliances for the new fire station was read. He stated that appliances were not included in the construction contract and that this proposal fits within the amount estimated for furniture. He recommended accepting the proposal of Appliance Center, Maumee, in the amount of $19,629, for refrigerators, freezer, ice makers, range, and dishwashers.
Mrs. BARLOS moved to allow President Carr 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 to authorize the purchase of appliances in an amount not to exceed $19,629 for the new fire station. Roll call: Barlos, Brainard, Buehrer, Coyle, Pauken and Zimmerman (6) voting yea; Carr (1) abstaining; the Chair declared the motion carried by a vote of 6-0.

A letter from the Commissioner of Public Service requesting authorization of a contract for electrical service for traffic controls on Russell Road and Fallen Timbers Lane was read. He stated that Toledo Edison provided a proposal to provide electric service to four new signalized intersections for the Shops at Fallen Timbers. He recommended authorization of a contract with Toledo Edison in the amount of $1,804 for the new electrical service installations.
Mr. BUEHRER 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. BUEHRER moved the necessary legislation be prepared authorizing a contract with Toledo Edison in the amount of $1,804 for electrical service for traffic signals at the Shops at Fallen Timbers. Roll call: Barlos, Buehrer, Carr, Coyle and Pauken (6) voting yea; Zimmerman (1) abstaining; the Chair declared the motion carried by a vote of 6-0.

A letter from the Finance Director requesting authorization for St. Luke's Hospital to provide influenza vaccines to City employees was read. He stated that St. Luke's Hospital has proposed to administer flu shots for $23 per person on site and that, in 2006, 122 employees and spouses received vaccines at a cost to the City of $2,710. He requested authorization to engage St. Luke's Hospital to administer flu shots to employees (and to spouses at a charge of $20) for an estimated amount not to exceed $4,000.
Mr. ZIMMERMAN moved to allow Mr. Buehrer to abstain due to a conflict of interest. Roll call: All members present voting yea, the Chair declared the motion carried.
Mr. ZIMMERMAN moved the necessary legislation be prepared authorizing a contract with St. Luke's Hospital in an amount not to exceed $4,000 to provide influenza vaccines, as requested. Roll call: Barlos, Brainard, Carr, Coyle, Pauken and Zimmerman (6) voting yea; Buehrer (1) abstaining; the Chair declared the motion carried by a vote of 6-0.

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

                                                                        Finance & Economic Development Committee

                On August 30, 2007, the Finance Committee met for the purpose of addressing the new bids for waste removal contracts. Present were Doug Brainard, Jenny Barlos and Todd Zimmerman from the committee. Also present were Mayor Wagener, Larry Gamble and David Hazard of the administration. Additionally, Greg Stalter of Allied Waste Services, John Minear, of Waste Management, and Jim Walters, of Lucas County Solid Waste District, and others, were present.
                A discussion was held regarding the new bids and time was permitted for both companies to present information regarding their bids and service. Ultimately, the Allied bid was determined by the committee to be the lower bid and it was the recommended bid of Mr. Gamble, based upon cost. Waste Management presented several possible ways in which additional service could be added through recycling, thereby possibly reducing the cost of Waste Management's contract. While the committee recognized that Waste Management had done a good job over its past contracts, ultimately it determined the best bid to go with was Allied given the savings over three years.
                It was determined that the single day, fuel adjusted bid by Allied was the lowest and best bid. Discussion was then held regarding whether to recommend one or two unlimited day pickups per year over the course of the contract. While the committee recognized that recently there had been two unlimited pickups, the committee recommended a single unlimited pickup over the course of the contract with Allied. The reason for this was, again, cost savings. Allied's representative, Greg Stalter, made it clear that should a second unlimited pickup become necessary, it could later be added at the same price as in the bid documents.
                Thus, it is the unanimous recommendation of the committee that the Allied single-day waste pickup with fuel adjustment and a single unlimited pickup bid be selected as the lowest and best.
Respectfully submitted,
Todd Zimmerman, Chair
Doug Brainard, Member
Jenny Barlos, Member

Mr. ZIMMERMAN moved that the bid of Allied Waste Services be declared the lowest and best and that the necessary legislation be prepared to authorize a contract with Allied Waste Services for a single-day refuse pickup with fuel adjustment and a single unlimited collection per year. Roll call: All members present voting yea, the Chair declared the motion carried.

Legislation was considered at this time.

ORDINANCE NO. 131 - 2007             AMENDING THE ZONING CODE OF THE CITY OF MAUMEE, OHIO, RELATIVE TO TELE-COMMUNICATION TOWERS AND ANTENNAS, REPEALING CERTAIN SECTIONS, AND DECLARING AN EMERGENCY.
The Clerk read the Ordinance by title only.
Mr. COYLE moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none.
Mr. COYLE moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none. So the Ordinance was passed.

ORDINANCE NO. 132 - 2007             AN ORDINANCE AUTHORIZING THE RELEASE OF CERTAIN PROPERTY RELATING TO $15,670,000 CITY OF MAUMEE, OHIO, HOSPITAL FACILITIES REVENUE REFUNDING BONDS, SERIES 2004 (ST. LUKE'S HOSPITAL); AUTHORIZING THE EXECUTION AND DELIVERY OF AN AMENDMENT TO AGREEMENT OF LEASE; AUTHORIZING THE EXECUTION AND DELIVERY OF AN AMENDMENT TO SUBLEASE; AUTHORIZING THE EXECUTION AND DELIVERY OF AN AMENDMENT TO INDENTURE; AUTHORIZING OTHER DOCUMENTS IN CONNECTION THEREWITH; 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, Carr, Coyle, Pauken and Zimmerman, (6) voting yea; Buehrer (1) abstaining; nays, none.
Mr. BRAINARD moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Carr, Coyle, Pauken and Zimmerman, (6) voting yea; Buehrer (1) abstaining; nays, none. So the Ordinance was passed by a vote of 6-0.

ORDINANCE NO. 133 - 2007             AUTHORIZING CONTRACT WITH V-TAC GROUP RELATIVE TO INSTALLATION OF STORM SEWER LINING SYSTEM, AND DECLARING AN EMERGENCY.
The Clerk read the Ordinance by title only.
Mrs. BARLOS moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none.
Mrs. BARLOS moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none. So the Ordinance was passed.

ORDINANCE NO. 134 - 2007             GRANTING EASEMENT TO BUCKEYE CABLEVISION, INC., AND DECLARING AN EMERGENCY.
The Clerk read the Ordinance by title only.
Mr. CARR moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none.
Mr. CARR moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none. So the Ordinance was passed.

ORDINANCE NO. 135 - 2007             AUTHORIZING EMPLOYMENT OF DESIGN ENGINEERS & CONSULTING ASSOCIATES, INC., RELATIVE TO PROVISION OF BUILDING SECURITY AND CONTROL SYSTEM FOR CITY-OWNED STRUCTURE 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: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none.
Mr. PAUKEN moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none. So the Ordinance was passed.

ORDINANCE NO. 136 - 2007             AUTHORIZING PURCHASE OF CERTAIN APPLIANCES FOR NEW FIRE STATION, 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, Coyle, Pauken and Zimmerman, (6) voting yea; Carr (1) abstaining; nays, none.
Mr. ZIMMERMAN moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Coyle, Pauken and Zimmerman, (6) voting yea; Carr (1) abstaining; nays, none. So the Ordinance was passed by a vote of 6-0.

ORDINANCE NO. 137 - 2007             AUTHORIZING EXECUTION OF CONTRACT WITH TOLEDO EDISION RELATIVE TO PROVISION OF ELECTRIC SERVICE FOR TRAFFIC SIGNALS AT THE SHOPS AT FALLEN TIMBERS IN THE CITY OF MAUMEE, 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 and Pauken (6) voting yea; Zimmerman (1) abstaining; nays, none.
Mr. BUEHRER moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle and Pauken (6) voting yea; Zimmerman (1) abstaining; nays, none. So the Ordinance was passed by a vote of 6-0.

ORDINANCE NO. 138 - 2007             AUTHORIZING EXECUTION OF AGREEMENT WITH ALLIED WASTE SERVICES OF NORTH AMERICA, LLC., FOR COLLECTION OF SOLID WASTE, YARD WASTE, AND RECYCLING AND DECLARING AN EMERGENCY.
The Clerk read the Ordinance by title only.
Mr. COYLE moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none.
Mr. COYLE moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none. So the Ordinance was passed.

ORDINANCE NO. 139 - 2007             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: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none. So the Ordinance was passed.

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

When Council returned to regular session, Mr. CARR moved to adjourn until 7:30 p.m., Monday, September 17, 2007. Motion carried v.v.

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7:30 P.M. Monday, September 17, 2007

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 Member Jenny Barlos presented a proclamation to Joyce Swin, fifth grade teacher at Wayne Trail Elementary School, in recognition of being named Ohio D.A.R.E. Educator of the Year.

Mr. CARR moved to suspend reading the minutes of the September 4, 2007 regular meeting and approve the Minutes Journal. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Administrator recommending approval of a Job Creation and Retention Grant for Applied Technologies, Inc., was read. He stated that the company proposes to expand its operations at 1722 Indian Wood Circle and that, within three years of commencement, the company will add 30 full time employees with an annualized estimated payroll of $1,560,000. He recommended that a Job Creation and Retention Grant be awarded to Applied Technologies, Inc., in an amount of up to $7,800 annually each of the next four (4) years.
Mr. BRAINARD moved the necessary legislation be prepared to approve a Job Creation and Retention Grant with Applied Technologies, Inc., in an amount up to $7,800 annually for up to four years, as recommended. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Finance Director requesting Council levy property taxes for 2008 collection was read. He stated the Budget Commission has approved a levy of 3.4 mills for the General Fund and 0.3 mills for the Police Pension Fund for a total of 3.7 mills, unchanged from prior years. He added that due to the structure of the levies for Springfield School District, the City must designate 1.20 mills of the General Fund levy as "outside" the 10 mill limitation as is authorized by the Charter and has been approved by the Lucas County Budget Commission.
Mr. PAUKEN moved the necessary legislation be prepared to approve the levying of property taxes for 2008, 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 a contract for the casting and installation of a dedication plaque for the new Fire and EMS Station was read. He stated a quote was received from Design Memorial, Maumee, for a bronze plaque in the amount of $1,161.
Mrs. BARLOS moved that the necessary legislation be prepared to authorize a contract with Design Memorial, in the amount of $1,161, for a bronze plaque for the new Fire and EMS Station. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Fire Chief requesting authorization to purchase turnout gear was read. He stated that, as part of the capital budget, purchase of turnout gear was estimated at $20,000. He also stated that firefighters have been measured for the turnout gear and a total price of $15,090 was proposed.
Mr. CARR moved the necessary legislation be prepared to approve an appropriation of $15,090 for turnout gear, as requested. All members present voting yea, the Chair declared the motion carried.

A letter from the Public Service Director requesting an appropriation for expenses associated with the Summer Fair was read. He stated that an invoice of $9,635.15 from E.T. Electric was received for electrical services associated with the Summer Fair and he requested an additional appropriation of $2,635 for these expenses.
Mr. COYLE moved the necessary legislation be prepared to approve an appropriation of $2,635 for expenses associated with the Summer Fair. 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 heard a presentation by Mr. Craig Winn, Applied Technologies, Inc., regarding a Job Creation and Retention Grant, and discussed items on the agenda.

The Service Director presented plans to publicize changes to the refuse collection program stating that the contractor will send out postcards and flyers to Maumee residents informing them of changes in collection schedule and that articles in the Mirror and in the City's Newsletter will be published.

Legislation was considered at this time.

ORDINANCE NO. 140 - 2007                 AUTHORIZING AWARD OF JOB CREATION AND RETENTION PROGRAM GRANT TO APPLIED TECHNOLOGIES, 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, Pauken and Zimmerman, (7) voting yea; nays, none.
Mr. COYLE moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none. So the Ordinance was passed.

RESOLUTION NO. 141 - 2007                 ACCEPTING THE AMOUNTS AND RATES AS DETERMINED BY THE BUDGET COMMISSION AND AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING THEM TO THE COUNTY AUDITOR.
The Clerk read the Resolution by title only.
Mr. BRAINARD moved the resolution be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none. So the Resolution was passed.

RESOLUTION NO. 142 - 2007                 PROVIDING FOR A TAX LEVY IN ACCORDANCE WITH THE PROVISIONS OF SECTION 2 OF ARTICLE X OF THE CHARTER OF THE CITY OF MAUMEE, OHIO.
The Clerk read the Resolution by title only.
Mrs. BARLOS moved the resolution be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none. So the Resolution was passed.

ORDINANCE NO. 143 - 2007                 AUTHORIZING PURCHASE OF DEDICATION PLAQUE FOR NEW FIRE STATION, AND DECLARING AN EMERGENCY.
The Clerk read the Ordinance by title only.
Mr. CARR moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none.
Mr. CARR moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none. So the Ordinance was passed.

ORDINANCE NO. 144 - 2007                 APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS PURPOSES.
The Clerk read the Ordinance by title only.
Mr. PAUKEN moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none. So the Ordinance was passed.

Mr. CARR moved to adjourn until 7:30 p.m., Monday, October 1, 2007. Motion carried v.v.