Minutes of the Meeting of Council

Minutes of the Meeting of Council February 20, 2007

The Council of the City of Sylvania, Ohio met in regular session on Tuesday, February 20, 2007 at 7:30 p.m. with Mayor Craig A. Stough in the chair. Roll was called with the following members present: John A. Borell, Jr., Mark Bula, Keith M. Haddad, Doug Haynam, Mark Luetke, Barbara R. Sears (6); absent: Dr. Read Backus (1), excused by Mayor Stough.		Roll call: Backus absent, excused.

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

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

Requests were made for the following amendments to the agenda: 6. Move item 7 here, then consider item 6. 6a. Discussion on Council vacancy. 16a. Report on the Employee & Community Relations Committee meeting. 16b. Report from the Zoning & Annexation Committee. 18. Proposed Ordinance 19-2007, change order for street paving. 19. Proposed Ordinance 18-2007, accepting an easement. 20. City=s snow removal efforts. 21. Discussion on the Fire Chief=s resignation. 21a. Fireworks update. 22. Departing comments from Mr. Bula. 23. Council to adjourn to Executive Session to discuss the possible sale of property. Ms. Sears moved, Mr. Bula seconded, to approve the agenda as amended; roll call vote being: Borell, Bula, Haddad, Haynam, Luetke, Sears (6) 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 February 5 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 February 5, 2007 be approved as submitted, provided there are no amendments from other members of Council; roll call vote being: Bula, Haddad, Haynam, Luetke, Sears, Borell (6) yeas; (0) nays. The motion carried.		Approval of the February 5 minutes.

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

Martin Fitts, Executive Director of the Toledo Labor-Management Citizens Committee presented Personnel Director/Treasurer George Eichenauer, and Mark Jacobs and Todd Musser, union representatives for AFSCME Local 3468, with the 2007 LMC annual award for labor-management cooperation.		Presentation of LMC annual award.

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

Mr. Haynam reported on the February 12 meeting of the Zoning & Annexation Committee to consider placing additional limitations on the petition for a special use on Alexis Road. Mr. Haynam presented and read aloud by title only, proposed Ordinance No. 11-2007, a written copy of same having been previously furnished to each member of Council, AApproving the recommendation of the Municipal Planning Commission to approve petition for zoning ordinance amendment no. ZA-5-2006 on the petition of Jerome R. Parker, agent for Village Farm Dairy Corp., to change the property at 5615 Rudyard Road, Sylvania, Ohio, from >R-2 Single Family Residential Small Lot District= to >B-2 General Business District=, and the property at 5622 Road Rd., Sylvania, Ohio, from >R-1 Single Family Residential Large Lot District= to >B-2 General Business District=; and declaring an emergency.@ Mr. Haynam moved, Ms. Sears seconded, that Council dispense with the Second and Third Readings of said Ordinance; roll call vote being: Haddad, Haynam, Luetke, Sears, Borell, Bula (6) yeas; (0) nays. The motion carried.		Ordinance 11-2007, A...approve ...ZA-5-2006... Village Farm Dairy...@

Mr. Haynam moved, Mr. Borell seconded, that Ordinance No. 11-2007 be enacted as an emergency measure as declared therein; roll call vote being: Haynam, Luetke, Sears, Borell, Bula, Haddad (6) yeas; (0) nays. The motion carried.

Mr. Haynam presented and read aloud by title only, proposed Ordinance No. 12-2007, a written copy of same having been previously furnished to each member of Council, AModifying the recommendation of the Municipal Planning Commission to grant a special use permit for 5622 Roan Rd., Sylvania, Ohio, and 5615 Rudyard Rd., Sylvania, Ohio, on the application of Jerome R. Parker, agent for Village Farm Dairy Corporation, to allow the installation and operation of gasoline pumps; approving the recommendation as modified; and declaring an emergency.@ Mr. Haynam moved, Mr. Luetke seconded, that Council dispense with the Second and Third Readings of said Ordinance; roll call vote being: Luetke, Sears, Borell, Bula, Haddad, Haynam (6) yeas; (0) nays. The motion carried.		Ordinance 12-2007, A...special use...Village Farm Dairy...@

Mr. Haynam moved, Mr. Borell seconded, that Ordinance No. 12-2007 be enacted as an emergency measure as declared therein; roll call vote being: Sears, Borell, Bula, Haddad, Haynam, Luetke (6) yeas; (0) nays. The motion carried.

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

Mayor Stough reported that the consultant=s report is in for the Harroun Park detention pond and ADA accessible path. There are two different plans for the ADA path. Mr. Borell moved, Mr. Haddad seconded, to refer the project to the Parks & Forestry Committee for review with City staff, Metroparks representatives, and other involved citizens; roll call vote being: Borell, Bula, Haddad, Haynam, Luetke, Sears (6) yeas; (0) nays. The motion carried.		Harroun Park detention pond and ADA path plans to Parks & Forestry.

Ms. Sears distributed resumes and letters of interest for the soon to be vacant Council seat. Ms. Sears moved, Mr. Borell seconded, that Council meet in Committee-of-the-Whole on Monday, February 26, 2007 at 7:00 p.m. in Council Chambers to meet and interview the Council candidates, and to set another meeting of the Committee-of-the-Whole for Monday, March 5, 2007 at 6:00 p.m., if necessary; roll call vote being: Bula, Haddad, Haynam, Luetke, Sears, Borell (6) yeas; (0) nays. The motion carried.		C-O-W to interview Council candidates.

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

Service Director Jeffrey Ballmer=s report on water rates was placed on file. Mr. Haddad presented and read aloud by title only, proposed Ordinance No. 13-2007, a written copy of same having been previously furnished to each member of Council, AAmending the Codified Ordinances of Sylvania, 1979, as amended, by increasing water service charges per one thousand gallons (1,000) from four and 30/100 dollars ($4.30) to four and 45/100 dollars ($4.45) for 2007; from four and 45/100 dollars ($4.45) to four and 55/100 dollars ($4.55) for 2008; from four and 55/100 dollars ($4.55) to four and 70/100 dollars ($4.70) for 2009; from four and 70/100 dollars ($4.70) to four and 80/100 dollars ($4.80) for 2010; and declaring an emergency.@ Mr. Haddad moved, Mr. Haynam seconded, that Council dispense with the Second and Third Readings of said Ordinance; roll call vote being: Haddad, Haynam, Luetke, Sears, Borell, Bula (6) yeas; (0) nays. The motion carried.		Ordinance 13-2007, A...increas- ing water service charges...@

Mr. Haddad moved, Mr. Luetke seconded, that Ordinance No. 13-2007 be enacted as an emergency measure as declared therein; roll call vote being: Haynam, Luetke, Sears, Borell, Bula, Haddad (6) yeas; (0) nays. The motion carried.

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

Law Director James Moan briefly reported on the recommendation to extend the existing gas supplier agreement for one year since IGS is the only company offering a discount on Columbia Gas charges. Mr. Haddad presented and read aloud by title only, proposed Ordinance No. 14-2007, 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 addendum to the Master Agreement to provide certified natural gas services with Interstate Gas Supply (AIGS@) to provide natural gas for the City=s opt-out aggregation program; and declaring an emergency.@ Mr. Haddad moved, Mr. Borell seconded, that Council dispense with the Second and Third Readings of said Ordinance; roll call vote being: Luetke, Sears, Borell, Bula, Haddad, Haynam (6) yeas; (0) nays. The motion carried.		Ordinance 14-2007, A...IGS... provide natural gas...@

Mr. Haddad moved, Mr. Luetke seconded, that Ordinance No. 14-2007 be enacted as an emergency measure as declared therein; roll call vote being: Sears, Borell, Bula, Haddad, Haynam, Luetke (6) yeas; (0) nays. The motion carried.

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

Mr. Haddad presented and read aloud by title only, proposed Ordinance No. 15-2007, a written copy of same having been previously furnished to each member of Council, AAccepting the proposal of Orbital Technical Solutions to conduct a municipal electric system feasibility study; appropriating funds therefore in an amount not to exceed $24,500; 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: Borell, Bula, Haddad, Haynam, Luetke, Sears (6) yeas; (0) nays. The motion carried.		Ordinance 15-2007, A...conduct a municipal electric system feasibility study ...@

Mr. Haddad moved, Mr. Haynam seconded, that Ordinance No. 15-2007 be enacted as an emergency measure as declared therein; roll call vote being: Bula, Haddad, Haynam, Luetke, Sears, Borell (6) yeas; (0) nays. The motion carried.

Mr. Haddad presented and read aloud by title only, proposed Ordinance No. 16-2007, a written copy of same having been previously furnished to each member of Council, AAccepting the proposal of Palmer Energy Company to provide municipal electric utility system consulting; appropriating funds therefore in an amount not to exceed $10,000; 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: Haddad, Haynam, Luetke, Sears, Borell, Bula (6) yeas; (0) nays. The motion carried.		Ordinance 16-2007, A..municipal electric utility system consulting ...@

Mr. Haddad moved, Mr. Borell seconded, that Ordinance No. 16-2007 be enacted as an emergency measure as declared therein; roll call vote being: Haynam, Luetke, Sears, Borell, Bula, Haddad (6) yeas; (0) nays. The motion carried.

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

There was a brief discussion on the appointment of board members to the Lucas County Solid Waste Management District. It was noted that there should be representation for the suburban communities. Mr. Borell presented and read aloud by title only, proposed Ordinance No. 17-2007, 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 Community Grant Contract Agreement with the Lucas County Solid Waste Management District for a grant to implement new and support existing waste reduction, recycling and yard waste programs; and declaring an emergency.@ Mr. Borell moved, Mr. Luetke seconded, that Council dispense with the Second and Third Readings of said Ordinance; roll call vote being: Luetke, Sears, Borell, Bula, Haddad, Haynam (6) yeas; (0) nays. The motion carried.		Ordinance 17-2007, A...Grant Contract Agree... Solid Waste... District...@

Mr. Borell moved, Mr. Haddad seconded, that Ordinance No. 17-2007 be enacted as an emergency measure as declared therein; roll call vote being: Sears, Borell, Bula, Haddad, Haynam, Luetke (6) yeas; (0) nays. The motion carried.

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

Law Director James Moan reported that the Ohio Ethics Commission has acknowledged receipt of his inquiry regarding City Council=s SAJRD appointee, and authority to vote. An opinion is promised by March 5. Ms. Sears read proposed Resolution No. 3-2007, appointing Keith Haddad to the Board, aloud by title only for the Third Reading.		3^rd reading of Resolution 3-2007.

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

Ms. Sears presented and read aloud by title only, proposed Resolution No. 4-2007, a written copy of same having been previously furnished to each member of Council, AA Resolution of the Council of the City of Sylvania commending Northview High School Senior Kevin Okapal on his selection to the National Soccer Coaches Association of America/Adidas All-American Boys Team; 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: Borell, Bula, Haddad, Haynam, Luetke, Sears (6) yeas; (0) nays. The motion carried.		Resolution 4-2007, A...commending Kevin Okapal... All-American Boys Team...@

Ms. Sears moved, Mr. Haddad seconded, that Resolution No. 4-2007 be enacted as an emergency measure as declared therein; roll call vote being: Bula, Haddad, Haynam, Luetke, Sears, Borell (6) yeas; (0) nays. The motion carried.

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

Mayor Stough presented the Service Director=s report on the Main Street Bridge replacement, noting that it is the City=s intent to have construction completed in 2007. Ms. Sears moved, Mr. Haddad seconded, to authorize the clerk to advertise for bids for the Main Street Bridge reconstruction project; roll call vote being: Haddad, Haynam, Luetke, Sears, Borell, Bula (6) yeas; (0) nays. The motion carried.		Clerk to advertise for Main St. Bridge project.

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

Mr. Haynam presented the Planning Commission=s recommendation on the Flower Hospital petition to amend and update the planned development. Mr. Haynam moved, Mr. Haddad seconded, to ratify the clerk=s action to set the public hearing date for March 19, 2007 at 7:00 p.m. due to the petitioner=s need to get the construction of some new facilities done this season, and advertising for same; roll call vote being: Haynam, Luetke, Sears, Borell, Bula, Haddad (6) yeas; (0) nays. The motion carried.		Public hearing date for PD-1-2007, March 19, 7:00 p.m.

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

Mr. Luetke reported that the Employee & Community Relations Committee discussed holding a AShred Day@ for electronic records. Accu-Shred will do the shredding. The tentative date is April 28. The committee also met with possible vendors to re-do the City=s web site.		Employ. & Comm Relations Comm. report.

Mr. Haynam said that the Zoning & Annexation Committee will meet with Poggemeyer Design Group to work on the land use plan update.		Land use plan.

There were no items for 17 and Mayor Stough stated that Council will now consider agenda item 18.

Mr. Haynam moved, Mr. Borell seconded, to refer proposed Ordinance No. 19-2007, approving the change order with Brooks Contracting for the Boynton, Candlewood, Regis Park project, to the Streets Committee for recommendation; roll call vote being: Luetke, Sears, Borell, Bula, Haddad, Haynam (6) yeas; (0) nays. The motion carried.		Ord. 19-2007 to Streets.

Mayor Stough stated that Council will now consider agenda item 19.

Mr. Haddad presented and read aloud by title only, proposed Ordinance No. 18-2007, a written copy of same having been previously furnished to each member of Council, AAccepting an easement from Boris Enterprises, LLC, for the purpose of constructing and maintaining a drainage and storm sewer easement on parcel nos. 82-93914 and 82-93913; appropriating funds therefore in the amount of $562.00; dedicating the easement area for public purposes; and declaring an emergency.@ Mr. Haddad moved, Mr. Luetke seconded, that Council dispense with the Second and Third Readings of said Ordinance; roll call vote being: Sears, Borell, Bula, Haddad, Haynam, Luetke (6) yeas; (0) nays. The motion carried.		Ordinance 18-2007, AAccepting an easement... drainage and storm sewer...@

Mr. Haddad moved, Mr. Haynam seconded, that Ordinance No. 18-2007 be enacted as an emergency measure as declared therein; roll call vote being: Borell, Bula, Haddad, Haynam, Luetke, Sears (6) yeas; (0) nays. The motion carried.

Mayor Stough stated that Council will now consider agenda item 20.

Mr. Luetke commended City crews for snow removal after the February 13-14 storm. He suggested that the media be informed of changes such as the fact that refuse pick up was delayed one day for the rest of the week.		Snow storm.

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

There was a brief discussion on the Sylvania Township Fire Chief=s retirement, and search for a new chief. Chief of Police Sobb said that the City has been in contact with a consultant to study the possibility of the City operating its own fire department.		Fire dept.

Mr. Haddad reported that the chairman of the Township Trustees has indicated they will participate in the cost of the fireworks display, but he has not received a formal reply.		Fireworks.

Mayor Stough stated that Council will now consider agenda item 22.

Mr. Bula made parting comments as he has resigned effective March 1 because he is leaving the area.		Bula remarks.

Mayor Stough stated that Council will now consider agenda item 23.

At 9:20 p.m. Mr. Haynam moved, Ms. Sears seconded, to adjourn to Executive Session of Council to discuss the possible sale of property; roll call vote being: Bula, Haddad, Haynam, Luetke, Sears, Borell (6) yeas; (0) nays. The motion carried.		Executive Session.

At 9:55 p.m. Ms. Sears moved, Mr. Borell seconded, to return to Regular Session of Council; roll call vote being: Haddad, Haynam, Luetke, Sears, Borell, Bula (6) yeas; (0) nays. The motion carried.		Regular Session.

Mayor Stough stated that Council discussed the possible sale of property 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, Mr. Borell seconded, that this meeting adjourn; all present voting yea (6); (0) nays. The motion carried and the meeting adjourned at 9:56 p.m.		Adjournment.