Minutes of the Meeting of Council

Minutes of the Meeting of Council March 20, 2006

These minutes are unofficial and must be formally approved by Council at the next meeting.

The Council of the City of Sylvania, Ohio met in regular session on Monday, March 20, 2006 at 7:30 p.m. with Mayor Craig A. Stough in the chair. Roll was called with the following members present: Dr. Read Backus, John A. Borell, Jr., Mark Bula, Doug Haynam, Mark Luetke, Barbara R. Sears (6); absent: Keith M. Haddad (1), excused by Mayor Stough		Roll call: Haddad absent, excused.

St. Joseph’s Troop 87 led the Pledge of Allegiance to the United States of America.		Pledge of Alleg.

Mayor Stough stated that Council will now consider agenda item 3.

Requests were made for the following additions to the agenda: 8a., 18c. Employee & Community Relations Committee report. 18a. Parks & Forestry Committee report. 18 b. Utilities & Environment Committee report. 18d. Zoning & Annexation Committee report. 20. Confirmation of the Mayor’s appointment to the Conservation Corps Commission. 21. Proposed Ordinance 25-2006. Mrs. Sears moved, Dr. Backus seconded, to approve the agenda as amended; roll call vote being: Backus, Borell, Bula, Haynam, Luetke, Sears (6) yeas; (0) nays. The motion carried.		Additions to the agenda.

Mayor Stough stated that Council will now consider agenda item 4.

Mrs. Sears presented the March 6 meeting minutes. Mrs. Sears moved, Dr. Backus seconded, that since the Mayor, members of Council, and others had been furnished copies of these minutes prior to this meeting, Council dispense with the reading of these minutes at this time, and the journal of the minutes of the meeting of March 6, 2006 be approved as submitted, provided there are no amendments from other members of Council; roll call vote being: Borell, Bula, Haynam, Luetke, Sears, Backus (6) yeas; (0) nays. The motion carried.		Approval of the March 6 minutes.

Mayor Stough stated that Council will now consider agenda item 5.

Mayor Stough presented framed Resolution No. 3-2006 to Marshall A. Bennett, Jr., commending and thanking him for his 12 years of service to the Sylvania community.		Framed resolution to M. Bennett.

Mayor Stough stated that Council will now consider agenda item 6.

Town Crier Mike Lieber gave an update on his activities in 2005, and noted that he is starting his 11^th year of duties. He performed 61 cries in 2005, and over 80 in 2004. He showed pictures of his new uniform. Mayor Stough said that when the Sylvania area established a Sister City relationship with Woodstock, Ontario, Canada, interest in having a town crier grew, and Mike volunteered for the position. There are 30 criers in the U.S., and 45 in Canada.		Town Crier update.

Mayor Stough stated that Council will now consider agenda item 7.

Mayor Stough presented the applicant’s request to defer action on zoning ordinance amendment petition numbers PD-2-2005 and ZA-1-2005, for property north of the northwest corner of Centennial and Sylvania-Metamora Roads to the April 3 Council meeting. Several residents of the area spoke of their opposition to the proposed drive leading from the new condominium plat on to Heidaway Lane which is a narrow street. They are also concerned that this drive will be used for the other plats yet to be developed. Mayor Stough noted that Council will consider the project at the next meeting.		Development at Centennial and Sylvania-Metamora deferred to April 3.

Mayor Stough stated that Council will now consider agenda item 8.

Mayor Stough presented zoning ordinance amendment petition no. PD-1-2006, a proposal to construct a condominium development at the northwest corner of Whiteford and McGregor. Frank Glinka, the applicant, explained that he has talked with the surrounding residents, and showed them the plans. He said their reaction was positive. There was discussion on the concerns of some residents who attended the public hearing of the cost of a sewer tap-in. Mr. Glinka agreed to extend out payments if requested. Mr. Haynam presented proposed Ordinance No. 16-2006, and Mr. Luetke moved, Mr. Bula seconded, to amend the Ordinance by including the language, “subject to providing a five-year time payment for any cost recovery to those residents so requesting it;” roll call vote being: Bula, Haynam, Luetke, Sears, Backus, Borell (6) yeas; (0) nays. The motion carried.		Amendment to Ordinance 16-2006.

Mr. Haynam read aloud by title only, proposed Ordinance 16-2006, as amended, a written copy of same having been previously furnished to each member of Council, “Approving the recommendation of the Municipal Planning Commission relative to Planned Development application no. PD-1-2006 of E&A Family, LLC; and declaring an emergency.” Mr. Haynam moved, Mrs. Sears seconded, to dispense with the Second and Third Readings of said Ordinance, as amended; roll call vote being: Haynam, Luetke, Sears, Backus, Borell, Bula (6) yeas; (0) nays. The motion carried.		Ordinance 16-2006, “Approving ...PD-1-2006...”

Mr. Haynam moved, Mr. Luetke seconded, that Ordinance No. 16-2006, as amended, be enacted as an emergency measure as declared therein; roll call vote being: Luetke, Sears, Backus, Borell, Bula, Haynam (6) yeas; (0) nays. The motion carried.

Mr. Luetke reported on the Employee & Community Relations Committee’s consideration of the merger study, and the Sylvania Community Improvement Corporation’s offer to serve as facilitator. Mr. Luetke moved, Mrs. Sears seconded, to refer the ongoing discussion on merger to the SCIC per its letter of March 14. Richard Sommers, 5708 Brooke Ln., asked if the costs will be more. As an example, he asked if all of the county roads will be taken over. SCIC President Frank Kozak was present, and said that the old study is not being re-done. Their goal will be to identify key data gaps, and determine if a merger committee is needed. The vote on the motion being: Sears, Backus, Borell, Bula, Haynam, Luetke (6) yeas; (0) nays. The motion carried.		Merger issue referred to SCIC.

Mayor Stough stated that Council will now consider agenda item 9.

Mrs. Sears presented proposed Ordinance No. 10-2006, a written copy of same having been previously furnished to each member of Council, “To make appropriations for current expenditures and other expenditures of the City of Sylvania, Ohio, for the fiscal year ending December 31, 2006; and declaring an emergency.” Mrs. Sears moved, Dr. Backus seconded, that Council dispense with the Second and Third Readings of said Ordinance; roll call vote being: Backus, Borell, Bula, Haynam, Luetke, Sears (6) yeas; (0) nays. The motion carried.		Ordinance 10-2006, “To Make Appropriations for Current Expenditures...”

Mrs. Sears moved, Mr. Haynam seconded, that Ordinance No. 10-2006 be enacted as an emergency measure as declared therein; roll call vote being: Borell, Bula, Haynam, Luetke, Sears, Backus (6) yeas; (0) nays. The motion carried.

Mayor Stough stated that Council will now consider agenda item 10.

Mayor Stough presented the proposed capital budget, and there was discussion on the Service Department’s capital expenditures and projects for 2006. After discussion on developing a statement of financial policies, and a mission and vision statement, Mr. Luetke moved, Mr. Haynam seconded, to refer the capital budget to the Committee-of-the-Whole, to meet on April 3 at 5:30 p.m. in Council Chambers; roll call vote being: Bula, Haynam, Luetke, Sears, Backus, Borell (6) yeas; (0) nays. The motion carried.		Capital budget to C-O-W, April 3, 5:30.

Mayor Stough stated that Council will now consider agenda item 11.

Service Director Jeffery Ballmer’s report on the bids received for the Sylvan Square Paving Improvements - Phase 2 was placed on file. Dr. Backus presented and read aloud by title only, proposed Ordinance No. 17-2006, a written copy of same having been previously furnished to each member of Council, “Accepting the bid of PHC, Inc. to provide all labor, materials and equipment for the Sylvan Square Improvements - Phase 2 project; appropriating funds therefore in the amount of $1,007,130.90; and declaring an emergency.” Dr. Backus moved, Mr. Haynam seconded, that Council dispense with the Second and Third Reading of said Ordinance; roll call vote being: Haynam, Luetke, Sears, Backus, Borell, Bula (6) yeas; (0) nays. The motion carried.		Ordinance 17-2006, “Accepting the Bid of PHC... Sylvan Square... Phase 2...”

Dr. Backus moved, Mrs. Sears seconded, that Ordinance No. 17-2006 be enacted as an emergency measure as declared therein; roll call vote being: Luetke, Sears, Backus, Borell, Bula, Haynam (6) yeas; (0) nays. The motion carried.

The Service Director’s report on inspection services for the project was placed on file. Dr. Backus presented and read aloud by title only, proposed Ordinance No. 18-2006, a written copy of same having been previously furnished to each member of Council, “Accepting the proposal of Mannik & Smith Group, Inc. to provide inspection services for the Sylvan Square Paving Improvement - Phase 2 project; appropriating funds therefore in an amount not to exceed $73,653; and declaring an emergency.” Dr. Backus moved, Mr. Bula seconded, that Council dispense with the Second and Third Readings of said Ordinance; roll call vote being: Sears, Backus, Borell, Bula, Haynam, Luetke (6) yeas; (0) nays. The motion carried.		Ordinance 18-2006, “...Mannik & Smith...Inspec- tion Services... Sylvan Square...”

Dr. Backus moved, Mr. Haynam seconded, that Ordinance No. 18-2006 be enacted as an emergency measure as declared therein; roll call vote being: Backus, Borell, Bula, Haynam, Luetke, Sears (6) yeas; (0) nays. The motion carried.

Mayor Stough stated that Council will now consider agenda item 12.

Dr. Backus presented and read aloud by title only, proposed Ordinance No. 19-2006, a written copy of same having been previously furnished to each member of Council, “Authorizing the Mayor and Director of Finance to enter into a LPA Federal Local - Let Project Agreement on behalf of this City with the Ohio Department of Transportation relative to the rehabilitation of the bridge on South Main Street over Ten Mile Creek Project; and declaring an emergency.” Dr. Backus moved, Mr. Bula seconded, that Council dispense with the Second and Third Readings of said Ordinance; roll call vote being: Borell, Bula, Haynam, Luetke, Sears, Backus (6) yeas; (0) nays. The motion carried.		Ordinance 19-2006, “...Enter into a LPA Federal - Let Project...Bridge...Main Street...”

Dr. Backus moved, Mr. Luetke seconded, that Ordinance No. 19-2006 be enacted as an emergency measure as declared therein; roll call vote being: Bula, Haynam, Luetke, Sears, Backus, Borell (6) yeas; (0) nays. The motion carried.

Mayor Stough stated that Council will now consider agenda item 13.

After discussion, Mr. Haynam moved, Mr. Luetke seconded, to remove proposed Ordinance 20-2006 from tonight’s agenda; roll call vote being: Haynam, Luetke, Sears, Backus, Borell, Bula (6) yeas; (0) nays. The motion carried.		Ordinance 20-2006 removed from agenda.

Mayor Stough stated that Council will now consider agenda item 14.

Mr. Luetke presented and read aloud by title only, proposed Ordinance No. 21-2006, a written copy of same having been previously furnished to each member of Council, “Authorizing the Mayor and Director of Finance to enter into a 3 year Collective Bargaining Agreement commencing January 1, 2006, on behalf of the City of Sylvania Municipal Employees Association (SMEA), affiliated with District 8, American Federation of State, County and Municipal Employees, AFL-CIO; and declaring an emergency.” Mr. Luetke moved, Mr. Bula seconded, that Council dispense with the Second and Third Readings of said Ordinance; roll call vote being: Luetke, Sears, Backus, Borell, Bula, Haynam (6) yeas; (0) nays. The motion carried.		Ordinance 21-2006, “...3 Year Collective Bargaining Agree ...SMEA...”

Mr. Luetke moved, Dr. Backus seconded, that Ordinance No. 21-2006 be enacted as an emergency measure as declared therein; roll call vote being: Sears, Backus, Borell, Bula, Haynam, Luetke (6) yeas; (0) nays. The motion carried.

Mayor Stough stated that Council will now consider agenda item 15.

Mr. Luetke presented and read aloud by title only, proposed Ordinance No. 22-2006, a written copy of same having been previously furnished to each member of Council, “Authorizing the Mayor and Director of Finance to enter into a 3 year Collective Bargaining Agreement commencing January 1, 2006, with the Fraternal Order of Police, Lodge No. 129, on behalf of the Patrolmen; and declaring an emergency.” Mr. Luetke moved, Mr. Bula seconded, that Council dispense with the Second and Third Readings of said Ordinance; roll call vote being: Backus, Borell, Bula, Haynam, Luetke, Sears (6) yeas; (0) nays. The motion carried.		Ordinance 22-2006, “...3 Year Collective Bargaining Agree ...Patrolmen...”

Mr. Luetke moved, Mrs. Sears seconded, that Ordinance No. 22-2006 be enacted as an emergency measure as declared therein; roll call vote being: Borell, Bula, Haynam, Luetke, Sears, Backus (6) yeas; (0) nays. The motion carried.

Mayor Stough stated that Council will now consider agenda item 16.

Mr. Luetke presented and read aloud by title only, proposed Ordinance No. 23-2006, a written copy of same having been previously furnished to each member of Council, “Authorizing the Mayor and Director of Finance to enter into a 3 year Collective Bargaining Agreement commencing January 1, 2006 with the Sylvania Police Telecommunicators; and declaring an emergency.” Mr. Luetke moved, Dr. Backus seconded, that Council dispense with the Second and Third Readings of said Ordinance; roll call vote being: Bula, Haynam, Luetke, Sears, Backus, Borell (6) yeas; (0) nays. The motion carried.		Ordinance 23-2006, “...3 Year Collective Bargaining Agree ...Police Telecommunica- tors...”

Mr. Luetke moved, Mr. Haynam seconded, that Ordinance No. 23-2006 be enacted as an emergency measure as declared therein; roll call vote being: Haynam, Luetke, Sears, Backus, Borell, Bula (6) yeas; (0) nays. The motion carried.

Mayor Stough stated that Council will now consider agenda item 17.

Mr. Luetke presented and read aloud by title only, proposed Ordinance No. 24-2006, a written copy of same having been previously furnished to each member of Council, “Authorizing the Mayor and Director of Finance to enter into a 3 year Collective Bargaining Agreement commencing January 1, 2006, with the Sylvania Police Command Officer’s Association on behalf of the Sergeants; and declaring an emergency.” Mr. Luetke moved, Dr. Backus seconded, that Council dispense with the Second and Third Readings of said Ordinance; roll call vote being: Luetke, Sears, Backus, Borell, Bula, Haynam (6) yeas; (0) nays. The motion carried.		Ordinance 24-2006, “...3 Year Collective Bargaining Agree ...Sergeants...”

Mr. Luetke moved, Mr. Bula seconded, that Ordinance No. 24-2006 be enacted as an emergency measure as declared therein; roll call vote being: Sears, Backus, Borell, Bula, Haynam, Luetke (6) yeas; (0) nays. The motion carried.

Mayor Stough stated that Council will now consider agenda item 18.

Mr. Borell reported that the Parks & Forestry Committee met just prior to the meeting, and voted to approve the $33,510 Parks Capital Budget for 2006.		Parks Budget.

Dr. Backus said that the Utilities & Environment Committee voted not to consider increasing the ditch maintenance front foot assessment.		Utilities Comm.

Mr. Luetke stated that the Employee & Community Relations Committee had a general discussion with the Law Director and Personnel Director regarding the feasibility of allowing City employees to work the polls on election day as requested by the Lucas County Board of Elections. Policies will have to be established, and it will only apply to non-union employees. Mr. Luetke moved, Mrs. Sears seconded, to authorize legislation establishing same; roll call vote being: Backus, Borell, Bula, Haynam, Luetke, Sears (6) yeas; (0) nays. The motion carried.		Employees working polls.

Mr. Haynam reported that the Zoning & Annexation Committee met on March 14. The committee requested that the Law Director and Deputy Public Service Director investigate the possibility of posting signs on parcels subject to re-zoning. They will continue discussion on public notices for Planning Commission meetings. Another priority is developing a community plan. The last topic was responding to the Township’s request for a moratorium on annexation. Mayor Stough noted that developing a JEDD will be important for an annexation agreement.		Zoning Comm. report.

There were no items for 19, and Mayor Stough stated that Council will now consider agenda item 20.

Mrs. Sears moved, Mr. Borell seconded, to confirm Mayor Stough’s appointment of Jeff Voeschow to the Sylvania Conservation Corps Commission; roll call vote being: Borell, Bula, Haynam, Luetke, Sears, Backus (6) yeas; (0) nays. The motion carried.		Confirm appoint- ment to Cons. Corps Comm.

Mayor Stough stated that Council will now consider agenda item 21.

Mr. Luetke presented and read aloud by title only, proposed Ordinance No. 25-2006, a written copy of same having been previously furnished to each member of Council, “Making certain position and compensation pay plan changes, making certain salary, wage and other service compensation adjustments to the Codified Ordinances of Sylvania, 1979, as amended, and other ordinances, by granting a three and one-half per cent (3 ½ %) pay increase to all non-union City employees and court employees whose positions are included in the list of occupational titles of Section 139.02(a) of the Codified Ordinances of Sylvania which increase is reflected in the annual wage rate schedule 4 of Section 139.10(D) of the Sylvania Codified Ordinances; by granting a three and one-half per cent (3 ½ %) pay increase to each appointed official whose title is listed in Section 139.03(e)(3) except for the Forester and Special Events Coordinator, with all the increase provided herein for the Treasurer and Director of Personnel being allocated to the Director of Personnel and with all the increase provided herein for the Director of Public Safety and Chief of Police being allocated to the Chief of Police; by granting a three and one-half per cent (3 ½ %) increase from $123.29 per hour to $127.61 per hour for legal services billable to the City by James E. Moan in excess of the hours herein allocated to the salary of the Director of Law pursuant to agreement and Codified Ordinance Section 131.01(b); by granting a three and one-half per cent (3 ½ %) pay increase for each employee in the Labor and Trades Supervision Group whose title is listed in Codified Ordinance Section 139.03(e)(4); and declaring an emergency.” Mr. Luetke moved, Mrs. Sears seconded, that Council dispense with the Second and Third Readings of said Ordinance; roll call vote being: Bula, Haynam, Luetke, Sears, Backus, Borell (6) yeas; (0) nays. The motion carried.

Ordinance 25-2006, “Making Certain Position and Compensation Pay Plan Changes ...”Mr. Luetke moved, Dr. Backus seconded, that Ordinance No. 25-2006 be enacted as an emergency measure as declared therein; roll call vote being: Haynam, Luetke, Sears, Backus, Borell, Bula (6) yeas; (0) nays. The motion carried.

Mayor Stough stated that all items on the agenda had been considered. Mrs. Sears moved, Mr. Borell seconded, that this meeting adjourn; all present voting yea (6); (0) nays. The motion carried and the meeting adjourned at 10:00 p.m.		Adjournment.