Minutes of the Meeting of Council

Minutes of the Meeting of Council January 17, 2007

The Council of the City of Sylvania, Ohio met in regular session on Wednesday, January 17, 2007 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, Keith M. Haddad, Doug Haynam, Mark Luetke, Barbara R. Sears (7); absent: (0)		Roll call: all present.

The Pledge of Allegiance to the United States of America was led by Mr. Luetke.		Pledge of Alleg.

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

Requests were made for the following amendments to the agenda: 4a. Fire department issues discussion. 7a. Move information item F here for discussion. 9a. Letter regarding the SAJRD appointee. 10a. Confirmation of the Mayor=s appointment to the TARTA board. 11a. Notice of the transfer of a liquor license. 12a. Set a Utilities & Environment Committee meeting. 13a. Discussion on hosting a Ashred day.@ 14. Authorize a resolution of recognition. 15. Feasibility study update. 16. Visioning update. 17. Main Street bridge project update. 18. Council to adjourn to Executive Session to discuss possible litigation. Ms. Sears moved, Mr. Haynam seconded, to approve the agenda as amended; roll call vote being: Backus, Borell, Bula, Haddad, Haynam, Luetke, Sears (7) yeas; (0) nays. The motion carried.		Amendments to the agenda.

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

Ms. Sears presented the January 3 meeting minutes. Ms. Sears moved, Mr. Haddad 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 January 3, 2007 be approved as submitted, provided there are no amendments from other members of Council; roll call vote being: Borell, Bula, Haddad, Haynam, Luetke, Sears, Backus (7) yeas; (0) nays. The motion carried.		Approval of the January 3 minutes.

Mayor Stough reported that no communication has been received from the Township Trustees regarding their attendance at the February 5 Council meeting. There was discussion on the City=s options for safety services. Carol Lindhuber, Brandy Ln. reported on the Township meeting, and Laura Fry, Graystone Dr. asked if a levy will be on the November ballot. Mayor Stough said that it may be, and there is consideration of placing the merger issue on the ballot also.		Fire department issues.

Mr. Luetke, in the Feasibility Study update, explained that the final report has been presented by the Urban Affairs Dept., and the target release date is February 5, when it will be posted online. A community meeting has been scheduled for February 7 at 7:00 at the Senior Center, and a seconded meeting has been tentatively scheduled for February 22 at 7:00.		Feasibility Study report.

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

Dr. Backus presented and read aloud by title only, proposed Ordinance No. 4-2007, a written copy of same having been previously furnished to each member of Council, AAuthorizing the Mayor and Director of Finance to enter into a contract for a service agreement with Bender Communications, Inc. for the radio communication equipment of the Division of Police; and declaring an emergency.@ Dr. Backus moved, Mr. Luetke seconded, that Council dispense with the Second and Third Readings of said Ordinance; roll call vote being: Bula, Haddad, Haynam, Luetke, Sears, Backus, Borell (7) yeas; (0) nays. The motion carried.		Ordinance 4-2007, A...Service Agreement... Radio...@

Dr. Backus moved, Mr. Luetke seconded, that Ordinance No. 4-2007 be enacted as an emergency measure as declared therein; roll call vote being: Haddad, Haynam, Luetke, Sears, Backus, Borell, Bula (7) yeas; (0) nays. The motion carried.

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

Mr. Haddad presented and read aloud by title only, proposed Ordinance No. 5-2007, a written copy of same having been previously furnished to each member of Council, AAccepting an easement from Harry and Marilyn Powless, Floyd and Glenna Ford, and Nicholas J. and Kimberly A. Messinger for the purpose of constructing, operating, and maintaining a waterline in a 40' easement extending along the northerly portion of Little Road in Sylvania Township from the easterly lot line of parcel 78-12034 thence westerly to include parcel numbers 78-12031, 78-11981, 78-11974, and a portion of 78-11731, for a distance of 579.23' in connection with the development of the Villas of Pallisades, on the south side of Little Road; dedicating the easement area for public purposes; and declaring an emergency.@ Mr. Haddad moved, Ms. Sears seconded, that Council dispense with the Second and Third Readings of said Ordinance; roll call vote being: Haynam, Luetke, Sears, Backus, Borell, Bula, Haddad (7) yeas; (0) nays. The motion carried.		Ordinance 5-2007, A...Ease- ment...Waterline.. Little Road...@

Mr. Haddad moved, Mr. Haynam seconded, that Ordinance No. 5-2007 be enacted as an emergency measure as declared therein; roll call vote being: Luetke, Sears, Backus, Borell, Bula, Haddad, Haynam (7) yeas; (0) nays. The motion carried.

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

Dr. Backus presented and read aloud by title only, proposed Ordinance No. 6-2007, a written copy of same having been previously furnished to each member of Council, AAuthorizing the payment of Transportation Planning Assessments for 2007 in the amount of $1,703.00 to Toledo Metropolitan Area Council of Governments; and declaring an emergency.@ Dr. Backus moved, Ms. Sears seconded, that Council dispense with the Second and Third Readings of said Ordinance; roll call vote being: Sears, Backus, Borell, Bula, Haddad, Haynam, Luetke (7) yeas; (0) nays. The motion carried.		Ordinance 6-2007, A...Payment ...Transportation Planning Assess- ments...@

Dr. Backus moved, Mr. Haddad seconded, that Ordinance No. 6-2007 be enacted as an emergency measure as declared therein; roll call vote being: Backus, Borell, Bula, Haddad, Haynam, Luetke, Sears (7) yeas; (0) nays. The motion carried.

Ms. Sears brought attention to the Ohio Department of Transportation=s notice of a public meeting on February 21 to discuss future improvements to I-475/US 23. She noted that the project is being pushed out beyond 2035 due to the cost of competing projects and available funds.		I-475/US 23 meeting.

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

Ms. Sears presented and read aloud by title only, proposed Ordinance No. 7-2007, a written copy of same having been previously furnished to each member of Council, AAuthorizing the Mayor and Director of Finance to enter into an Economic Development Grant Agreement with Atlas World Travel, Inc.; and declaring an emergency.@ Ms. Sears moved, Mr. Haddad seconded, that Council dispense with the Second and Third Readings of said Ordinance; roll call vote being: Borell, Bula, Haddad, Haynam, Luetke, Sears, Backus (7) yeas; (0) nays. The motion carried.		Ordinance 7-2007, A...Econo- mic Development Grant Agree... Atlas World Travel...@

Ms. Sears moved, Mr. Haddad seconded, that Ordinance No. 7-2007 be enacted as an emergency measure as declared therein; roll call vote being: Bula, Haddad, Haynam, Luetke, Sears, Backus, Borell (7) yeas; (0) nays. The motion carried.

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

Ms. Sears presented and read aloud by title only, proposed Resolution No. 2-2007, a written copy of same having been previously furnished to each member of Council, AAppointing Mary Kay Solt to the Board of Trustees of Sylvania Area Joint Recreation District (SAJRD) for a three year term to expire on December 31, 2009; and declaring an emergency.@ Ms. Sears moved, Mr. Haddad seconded, that Council dispense with the Second and Third Reading of said Resolution; roll call vote being: Haddad, Haynam, Luetke, Sears, Backus, Borell, Bula (7) yeas; (0) nays. The motion carried.		Resolution 2-2007, AAppoint- ing Mary Kay Solt...SAJRD...@

Ms. Sears moved, Mr. Haddad seconded, that Resolution No. 2-2007 be enacted as an emergency measure as declared therein; roll call vote being: Haynam, Luetke, Sears, Backus, Borell, Bula, Haddad (7) yeas; (0) nays. The motion carried.

Ms. Sears moved to appoint Mr. Bula to the Tam O=Shanter Board, and Mr. Haddad to the one year term on the Sylvania Area Joint Recreation District Board. There was considerable discussion about the person traditionally representing the City on the SAJRD Board being the Chairman of the Parks & Forestry Committee, and Mr. Haynam moved to amend the motion, and to appoint Mr. Borell to the one year term on the SAJRD Board. Mr. Borell asked the City to get an opinion from the Attorney General and/or the Ohio Ethics Commission on whether an elected Council member on the SAJRD Board can vote on SAJRD matters at a Council meeting. He said that if the ruling is positive, then he will vote on issues regarding SAJRD, and if another Council member is appointed to the Board, they also should abstain from voting on items concerning SAJRD until approval is given from the State. Mayor Stough noted that if this is the case, than the other elected members of the Board should follow suit. After further discussion, Mr. Bula seconded Mr. Haynam=s motion to modify Ms. Sears= motion and appoint Mr. Borell to the SAJRD Board; roll call vote being: Haynam, Bula, Borell (3) yeas; Luetke, Sears, Backus, Haddad (4) nays. The motion failed.		City representa- tion on SAJRD Board.

Ms. Sears moved, Mr. Haddad seconded, to appoint Mr. Bula to the Tam O=Shanter Board. Mr. Bula withdrew his name until an opinion from the Ethics Commission is given. Dr. Backus seconded, Ms. Sears= motion to appoint Mr. Haddad to the SAJRD Board; roll call vote being: Sears, Backus, Haddad, Luetke (4) yeas; Bula, Borell, Haynam (3) nays. The motion carried. Ms. Sears presented and read aloud by title only, proposed Resolution No. 3-2007, a written copy of same having been previously furnished to each member of Council, AAppointing Keith Haddad to the Board of Trustees of Sylvania Area Joint Recreation District (SAJRD), he being a member of the Council of this appointing political subdivision, for the full calendar year of 2007; and declaring an emergency.@ Ms. Sears moved, Mr. Haddad seconded, that Council dispense with the Second and Third Readings of said Resolution; roll call vote being: Sears, Backus, Haddad, Luetke (4) yeas; Bula, Haynam, Borell (3) nays. The motion failed, therefore, this is the First Reading of proposed Resolution No. 3-2007.

First Reading of Resolution 3-2007.Mr. Borell moved, Mr. Luetke seconded, that the Law Director request an opinion on the matter from the Ohio Ethics Commission; roll call vote being: Backus, Borell, Bula, Haddad, Haynam, Luetke, Sears (7) yeas; (0) nays. The motion carried.

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

Ms. Sears moved, Dr. Backus seconded, confirmation of Mayor Stough=s appointment of James Seney to the Sylvania Historical Village Commission for a three year term expiring December 31, 2009; roll call vote being: Borell, Bula, Haddad, Haynam, Luetke, Sears, Backus (7) yeas; (0) nays. The motion carried.		Confirmation of appointment to Historical Vill. Comm.

Ms. Sears moved, Mr. Luetke seconded, confirmation of Mayor Stough=s appointment of Tom Ramsdell as the City=s representative on the Toledo Area Regional Transit Authority Board; roll call vote being: Bula, Haddad, Haynam, Luetke, Sears, Backus, Borell (7) yeas; (0) nays. The motion carried.

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

Dr. Backus moved, Mr. Luetke seconded, not to request a hearing on the transfer of the D1, D2, D3, and D6 liquor permit from 8F Inc., d/b/a Gourmet Garden, 5817 Monroe St., to Pearl River, Inc., d/b/a Gourmet Garden, 5817 Monroe St.; roll call vote being: Haddad, Haynam, Luetke, Sears, Backus, Borell, Bula (7) yeas; (0) nays. The motion carried.		No hearing requested for liquor permit transfer, 5817 Monroe.

Dr. Backus moved, Mr. Haddad seconded, not to request a hearing on the transfer of the D5, D6 liquor permit from Frick Entertainment III, Inc., d/b/a Fricker=s, 6339 Monroe St. and patio, to Fricker=s Sylvania 104, LLC, d/b/a Fricker=s, 6339 Monroe St. and patio; roll call vote being: Haynam, Luetke, Sears, Backus, Borell, Bula, Haddad (7) yeas; (0) nays. The motion carried.		No hearing requested for liquor permit transfer, 6339 Monroe.

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

Mr. Haddad distributed Orbital Technical Solutions= proposal for a Municipal Electric Feasibility Study. He asked Council to review it for discussion at the February 5 meeting.		Municipal Electric study.

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

Mr. Bula discussed hosting a AShred Day@ for the City, where residents can recycle computer discs and other electronic devices. Mr. Bula moved, Mr. Haddad seconded, to refer the request to the Employee & Community Relations Committee for consideration; roll call vote being: Luetke, Sears, Backus, Borell, Bula, Haddad, Haynam (7) yeas; (0) nays. The motion carried.		Shred Day to committee.

Mr. Luetke set a meeting for the Employee & Community Relations Committee for February 7, at 7:30 a.m. in the Administration Building to consider the RFPs for the City=s web site, and the request to host a AShred Day@.		Employ. & Comm. Relations, Feb. 7, 7:30 a.m.

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

Ms. Sears moved, Dr. Backus seconded, to authorize a Resolution commending one of the high school soccer player=s achievements; roll call vote being: Sears, Backus, Borell, Bula, Haddad, Haynam, Luetke (7) yeas; (0) nays. The motion carried.		Resolution of commendation authorized.

Agenda item 15 was previously done, and Mayor Stough stated that Council will now consider agenda item 16.

Mr. Bula reminded everyone of the 6:00 p.m. meeting on February 5 for the mission/ vision statement.		Visioning process.

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

Service Director Jeffrey Ballmer reported on the open house for the Main Street bridge replacement project. One option is to do the work in two phases with a five to six month time frame, and the another option is to do half of the work in 2007 and half in 2008. Ms. Sears moved, Mr. Haddad seconded, to pursue the 2007 construction schedule with ODOT; roll call vote being: Backus, Borell, Bula, Haddad, Haynam, Luetke, Sears (7) yeas; (0) nays. The motion carried.		Main Street bridge project.

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

At 10:00 p.m. Mr. Bula moved, Mr. Borell seconded, to adjourn to Executive Session of Council to discuss possible litigation; roll call vote being: Borell, Bula, Haddad, Haynam, Luetke, Sears, Backus (7) yeas; (0) nays. The motion carried.		Executive Session.

At 10:20 p.m. Mr. Borell moved, Mr. Haynam seconded, to return to Regular Session of Council; roll call vote being: Bula, Haddad, Haynam, Luetke, Sears, Backus, Borell (7) yeas; (0) nays. The motion carried.		Regular Session.

Mayor Stough stated that Council discussed possible litigation during the Executive Session, and that no action is required at this time.

Mayor Stough stated that all items on the agenda had been considered. Ms. Sears moved, Dr. Backus seconded, that this meeting adjourn; all present voting yea (7); (0) nays. The motion carried and the meeting adjourned at 10:21 p.m.		Adjournment.