Minutes of the Meeting of Council March 19, 2007
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 19, 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., Keith M. Haddad, Doug Haynam, Mark Luetke, Todd Milner, Barbara R. Sears (7); absent: (0).	Roll call: all present.
At the Mayor=s request, a moment of silence was observed in memory of City employee Juanita Adams. Mr. Haynam then led the Pledge of Allegiance to the United States of America.	Moment of silence and Pledge of Allegiance.
Mayor Stough stated that Council will now consider agenda item 3.
Requests were made for the following additions to the agenda: 4a. Report on the public hearing for PD-1-2007. 10a. Update on fire department issues. 10b. Update on the Township=s capital budget workshop. 10c. Schedule a Safety Committee meeting. 14a. Zoning & Annexation Committee report. 15b. Parks & Forestry Committee report. 16. Proposed Ordinance 25-2007. 17. TMACOG Professional Development Day. 18. Committee assignments. 19. Council member presentation. 20. Capital budget discussion. Mr. Milner moved, Mr. Haynam seconded, to approve the agenda as amended; roll call vote being: Backus, Borell, Haddad, Haynam, Luetke, Milner, Sears (7) yeas; (0) nays. The motion carried.	Additions to the agenda.
Mayor Stough stated that Council will now consider agenda item 4.
Ms. Sears presented the March 5 meeting minutes. Ms. Sears moved, Mr. Haynam 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 5, 2007 be approved as submitted, provided there are no amendments from other members of Council; roll call vote being: Borell, Haddad, Haynam, Luetke, Milner, Sears, Backus (7) yeas; (0) nays. The motion carried.	Approval of the March 5 minutes.

At Mr. Borell=s request, Mr. Luetke moved, Mr. Haynam seconded, to excuse Mr. Borell from discussion and action on PD-1-2007 due to a possible work-related conflict; all present voting yea (7); (0) nays. The motion carried.
Borell excused.Ms. Sears reported on the 7:00 public hearing for zoning ordinance amendment petition no. PD-1-2007, an amendment to the existing planned development of the Flower Hospital campus to update the master plan. No one at the hearing objected to the project, but a few neighborhood residents had questions and concerns which were addressed by Harry McAlister, M2 Design Services. Ms. Sears moved, Mr. Milner seconded, to authorize legislation approving PD-1-2007 including the amendments discussed at the hearing; roll call vote being: Haddad, Haynam, Luetke, Milner, Sears, Backus (6) yeas; (0) nays. The motion carried.	Legislation authorized for PD-1-2007, Flower Hospital.
Mayor Stough stated that Council will now consider agenda item 5, and Mr. Borell returned for the remainder of the meeting.	Borell returns.
Dr. Backus reported on the March 16 Streets Committee meeting to discuss the Brooks Contracting change order, and the committee recommends approval. Dr. Backus presented proposed Ordinance No. 19-2007, a written copy of same having been previously furnished to each member of Council, AAuthorizing the Mayor and Director of Finance to approve Change Order No. 1 (Final) to this City=s agreement with Brooks Contracting, Inc. for the Boynton, Candlewood, Regis Park project which reflects the as-built quantities; increasing the contract amount by $19,105.02; appropriating the funds therefore; and declaring an emergency.@ Dr. Backus moved, Mr. Haddad seconded, that Council dispense with the Second and Third Readings of said Ordinance; roll call vote being: Haynam, Luetke, Milner, Sears, Backus, Borell, Haddad (7) yeas; (0) nays. The motion carried.	Ordinance 19-2007, A...Approve Change Order... Brooks Contract- ing...@
Dr. Backus moved, Mr. Milner seconded, that Ordinance No. 19-2007 be enacted as an emergency measure as declared therein; roll call vote being: Luetke, Milner, Sears, Backus, Haddad (5) yeas; Borell, Haddad (2) nays. The motion carried.
Mayor Stough stated that Council will now consider agenda item 6.
Mr. Luetke presented and read aloud by title only, proposed Ordinance No. 21-2007, a written copy of same having been previously furnished to each member of Council, AAccepting the proposal of Hart Associates to perform a needs analysis and site map for the City of Sylvania=s website and redesign the Country Journal newsletter; appropriating funds therefore in an amount not to exceed $68,200; and declaring an emergency.@ Mr. Luetke moved, Mr. Haynam seconded, that Council dispense with the Second and Third Readings of said Ordinance; roll call vote being: Milner, Sears, Backus, Borell, Haddad, Haynam, Luetke (7) yeas; (0) nays. The motion carried.	Ordinance 21-2007, A...Hart Assoc... Website ...@

Mr. Luetke moved, Mr. Haynam seconded, that Ordinance No. 21-2007 be enacted as an emergency measure as declared therein; roll call vote being: Sears, Backus, Borell, Haddad, Haynam, Luetke, Milner (7) yeas; (0) nays. The motion carried.
Mayor Stough stated that Council will now consider agenda item 7.
Mr. Haynam presented proposed Ordinance No. 22-2007, a written copy of same having been previously furnished to each member of Council, AApproving the banner application of St. Joseph Catholic Church; authorizing the Deputy Director of Public Service to indicate such approval on behalf of the City of Sylvania; 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: Backus, Borell, Haddad, Haynam, Luetke, Milner, Sears (7) yeas; (0) nays. The motion carried.	Ordinance 22-2007, AApproving the Banner Application.. St. Joseph...@
Mr. Haynam moved, Mr. Milner seconded, that Ordinance No. 22-2007 be enacted as an emergency measure as declared therein; roll call vote being: Borell, Haddad, Haynam, Luetke, Milner, Sears, Backus (7) yeas; (0) nays. The motion carried.
Mayor Stough stated that Council will now consider agenda item 8.
Mayor Stough presented the Fiscal Officer=s Certificate in connection with the issuance of notes to pay the cost of street improvements. Ms. Sears moved, Mr. Haynam seconded, to accept the Fiscal Officer=s Certificate for filing in connection with the proposed issue of $1,475,000 of notes, in anticipation of the issuance of bonds, to pay costs of improving Monroe Street from the point west of the intersection of Monroe Street and Main Street at which the Norfolk & Southern railroad tracks cross Monroe Street easterly to the U.S. Route 23 bridge and Main Street from Monroe Street to Maplewood Avenue, by removing and replacing pavement, curbing and sidewalks, pouring asphalt concrete over an aggregate base, and improving catchbasins, manholes, underdrains and drainage systems, together with all necessary related improvements and appurtenances thereto; roll call vote being: Haddad, Haynam, Luetke, Milner, Sears, Backus, (7) yeas; (0) nays. The motion carried.	Fiscal Officer=s Certificate accepted for filing.

Ms. Sears presented and read aloud by title only, proposed Ordinance No. 23-2007, a written copy of same having been previously furnished to each member of Council, AAn Ordinance providing for the issuance and sale of $1,475,000 of notes, in anticipation of the issuance of bonds, to pay costs of improving certain streets by removing and replacing pavement, curbing and sidewalks, pouring asphalt concrete over an aggregate base, and improving catchbasins, manholes, underdrains and drainage systems, together with all necessary related improvements and appurtenances thereto; 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: Haynam, Luetke, Milner, Sears, Backus, Borell, Haddad (7) yeas; (0) nays. The motion carried.	Ordinance 23-2007, A...Issuance and Sale of $1,475,000 of Notes...@
Mrs. Sears moved, Mr. Haddad seconded, that Ordinance No. 23-2007 be enacted as an emergency measure as declared therein; roll call vote being: Luetke, Milner, Sears, Backus, Borell, Haddad, Haynam (7) yeas; (0) nays. The motion carried.
Mayor Stough stated that Council will now consider agenda item 9.
Mayor Stough presented the Fiscal Officer=s Certificate in connection with the issuance of notes to pay the cost of street improvements. Ms. Sears moved, Dr. Backus seconded, to accept the Fiscal Officer=s Certificate for filing in connection with the proposed issue of $3,025,000 of notes, in anticipation of the issuance of bonds, to pay costs of improving Wickford Drive East from Brint Road to Wickford Drive West, Wickford Drive West from Wickford Drive East to Charlesgate Road, Charlesgate Road from McCord Road to Wickford Drive East, Framingham Drive from Coppersmith Road to Charlesgate Road, Coppersmith Road from McCord Road to Charlesgate Road, Franciscan Boulevard from Kinsman Drive to Convent Boulevard, Clare Court from Franciscan Boulevard to its western terminus, Kinsman Drive from its western terminus to its eastern terminus, Fifth Avenue from Rodeo Drive to McCord Road, Worth Avenue from Rodeo Drive to McCord Road, Rodeo Drive from Worth Avenue to Fifth Avenue, Boynton Drive from Sylvania Avenue to Candlewood Lane, Candlewood Lane from Boynton Drive to Tamworth Road, Tamworth Road from its southern terminus northerly approximately 730 feet, Pine Cone Lane from Tamworth Road to Weldwood Lane and Weldwood Lane from Bog Hollow Road northerly approximately 1,110 feet, by removing and replacing pavement and curbing, pouring asphalt concrete over an aggregate base, and improving catchbasins, manholes, underdrains and drainage systems, together with all necessary improvements and appurtenances thereto; roll call vote being: Milner, Sears, Backus, Borell, Haddad, Haynam, Luetke (7) yeas; (0) nays. The motion carried.	Fiscal Officer=s Certificate accepted for filing.

Ms. Sears presented and read aloud by title only, proposed Ordinance No. 24-2007, a written copy of same having been previously furnished to each member of Council, AAn Ordinance providing for the issuance and sale of $3,025,000 of notes, in anticipation of the issuance of bonds, to pay costs of improving certain streets by removing and replacing pavement and curbing, pouring asphalt concrete over an aggregate base, and improving catchbasins, manholes, underdrains and drainage systems, together with all necessary related improvements and appurtenances thereto; and declaring an emergency.@ Ms. Sears moved, Mr. Milner seconded, that Council dispense with the Second and Third Readings of said Ordinance; roll call vote being: Sears, Backus, Borell, Haddad, Haynam, Luetke, Milner (7) yeas; (0) nays. The motion carried.
Ordinance 24-2007, A...Issuance and Sale of $3,025,000 of Notes...@Mrs. Sears moved, Mr. Haddad seconded, that Ordinance No. 27-2006 be enacted as an emergency measure as declared therein; roll call vote being: Sears, Backus, Borell, Bula, Haddad, Haynam, Luetke (7) 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 Resolution No. 5-2007, a written copy of same having been previously furnished to each member of Council, ACommending and thanking Sylvania Township Fire Chief Christopher Maurer for his contributions during his 30 years of firefighting service to the Sylvania community, the last 9 of which he served as Chief; and declaring an emergency.@ Mr. Haddad moved, Ms. Sears seconded, that Council dispense with the Second and Third Readings of said Resolution; roll call vote being: Backus, Borell, Haddad, Haynam, Luetke, Milner, Sears (7) yeas; (0) nays. The motion carried.	Resolution 5-2007, ACommend ...Fire Chief Christopher Maurer...@
Mr. Haddad moved, Dr. Backus seconded, that Resolution No. 5-2007 be enacted as an emergency measure as declared therein; roll call vote being: Borell, Haddad, Haynam, Luetke, Milner, Sears, Backus (7) yeas; (0) nays. The motion carried.
Mayor Stough reported that the administration will interview two potential consultants on Friday. Chief of Police Gerald Sobb said that one candidate was recommended by the Fire Chief=s Association, and the other by Chief Maurer. The City is seeking advice on the possibility of starting its own fire department, and the Law Department is pursuing the legal issues involved.	Fire department consultants.
There was discussion on the Township=s capital budget, and some discrepancies in the figures that were reported. Carol Lindhuber, Brandy Ln., and Craig Koperski, Waldmar Rd., had comments and questions on the possibility of the formation of a joint fire district.
Mayor Stough suggested that Council=s Safety Committee meet after Friday=s interviews to consider the candidates, and other items that had been referred.	Safety Comm. to meet.
Mayor Stough stated that Council will now consider agenda item 11.
Dr. Backus moved, Mr. Milner seconded, not to request a hearing on Ohio Division of Liquor Control permit no. 8856347, a D5I permit, for Thee Pub, Inc., d/b/a Southbriar, 5147 Main St.; roll call vote being: Haddad, Haynam, Luetke, Milner, Sears, Backus, Borell (7) yeas; (0) nays. The motion carried.	No hearing for liquor permit, 5147 Main St.

Mayor Stough stated that Council will now consider agenda item 12.
Service Director Jeffrey Ballmer presented his report for the 2007 pavement planing program at a cost of $69,500. He requested that Little Road be added to the project which will increase the cost by $13,000 for a total of $82,500. Mr. Milner moved, Dr. Backus seconded, to authorize the clerk to advertise for bids for the 2007 pavement planing project with the addition of Little Road; roll call vote being: Haynam, Luetke, Milner, Sears, Backus, Borell, Haddad (7) yeas; (0) nays. The motion carried.	Clerk to advertise for 2007 pavement planing.
Mayor Stough stated that Council will now consider agenda item 13.
Mayor Stough presented the advisory opinion from the Ohio Ethics Commission on the question of whether an elected Council member on the SAJRD Board can vote on SAJRD matters at a Council meeting. The four page report concludes that there is no conflict if the Council member serves on the board in his official capacity in order to represent the City=s interests. There was considerable discussion with both Mr. Borell and Mr. Haynam disputing the opinion. Mr. Borell also questioned the validity of the resolution appointing Mr. Haddad to the SAJRD Board, and referred to numbers 1 and 2 on page 3 of the Ohio Ethics Commission=s report saying that those issues are not addressed in the formal legislation. Mr. Milner moved, Ms. Sears seconded, to formally instruct Mr. Haddad to represent the City and its interests on the SAJRD Board; roll call vote being: Luetke, Milner, Sears, Backus, Borell, Haddad, Haynam (7) yeas; (0) nays. The motion carried.	Ohio Ethics Commission opinion.
Mayor Stough stated that Council will now consider agenda item 14.
Mr. Haynam briefly reported that the Zoning & Annexation Committee met on March 15 to consider Marathon=s proposal for the Speedway station upgrade at 6700 Sylvania Ave. He said that the committee will meet again on March 27 at 5:00 p.m. in Council Chambers to continue the review and to address the Land Use Plan Update proposal of Poggemeyer.	Zoning Comm. March 27, 5:00 p.m.
Mr. Borell reported on the 6:00 Parks & Forestry Committee meeting, noting that Feller-Finch will compile a substitute plan for a restructured wetland. The committee requests that the Law Director give a legal opinion on who has legal and financial liability for the storm water situation at Harroun Park. He also asked that the Parks Committee have input on any meetings with Feller-Finch, and that the Administration present a report or proposal by the next Council meeting.	Parks & Forestry Comm. report.
Mayor Stough stated that Council will now consider agenda item 15.

Mr. Borell moved, Ms. Sears seconded, to refer the amendment to the swimming pool fence requirements to the Zoning & Annexation Committee, to be reviewed at the March 27 meeting; roll call vote being: Milner, Sears, Backus, Borell, Haddad, Haynam, Luetke (7) yeas; (0) nays. The motion carried.	Swimming pool fencing to Zoning Comm.
Mayor Stough stated that Council will now consider agenda item 16.
Mr. Luetke presented and read aloud by title only, proposed Ordinance No. 25-2007, a written copy of same having been previously furnished to each member of Council, AMaking 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 by amending Section 127.02 - Division of Streets; repealing Section 127.06 - Division of Vehicle Maintenance; by amending Chapter 139 of the Sylvania Codified Ordinances, 1979, as amended, by amending Section 139.03(e)(4) to delete the position of AVehicle Maintenance Foreman@ and set the salary of the AVehicle Maintenance Manager@ at $57,600 annually commencing March 19, 2007; 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: Sears, Backus, Borell, Haddad, Haynam, Luetke, Milner (7) yeas; (0) nays. The motion carried.	Ordinance 25-2007, AMaking Certain Position and Compensa- tion Pay Plan Changes...Vehicle Maintenance Manager...@
Mr. Luetke moved, Dr. Backus seconded, that Ordinance No. 25-2007 be enacted as an emergency measure as declared therein; roll call vote being: Backus, Borell, Haddad, Haynam, Luetke, Milner, Sears (7) yeas; (0) nays. The motion carried.
Mayor Stough stated that Council will now consider agenda item 17.
Ms. Sears reported on the TMACOG workshop to bring elected officials into disaster preparedness training. Ms. Sears moved, Mr. Borell seconded, that the Safety Committee work with TMACOG to be advised about the plan; roll call vote being: Borell, Haddad, Haynam, Luetke, Milner, Sears, Backus (7) yeas; (0) nays. The motion carried.	Disaster planning to Safety Comm.
Mayor Stough stated that Council will now consider agenda item 18.
Ms. Sears presented the following revised list of Committee Assignments for the balance of the year:	Committee reorganization.

FINANCE SAFETY Barbara Sears, Chairman Read Backus, Chairman Read Backus John Borell John Borell Doug Haynam Keith Haddad Todd Milner
PARKS & FORESTRY UTILITIES & ENVIRONMENT John Borell, Chairman Keith Haddad, Chairman Keith Haddad Read Backus Doug Haynam John Borell Mark Luetke Todd Milner
BUILDINGS & GROUNDS STREETS Read Backus, Chairman Todd Milner, Chairman Keith Haddad Read Backus Todd Milner Mark Luetke Barbara Sears Barbara Sears
ANNEXATION & ZONING EMPLOYEE & COMM. REL. Doug Haynam, Chairman Mark Luetke, Chairman John Borell Keith Haddad Mark Luetke Doug Haynam Barbara Sears Barbara Sears
Ms. Sears moved, Dr. Backus seconded, to approve the committee reorganization as submitted; roll call vote being: Haddad, Haynam, Luetke, Milner, Sears, Backus, Borell (7) yeas; (0) nays. The motion carried.
Item 19 was deferred and Mayor Stough stated that Council will now consider agenda item 20.
After discussion on the capital budget, a Committee-of-the-Whole meeting was set for April 2 at 6:00 p.m. in Council Chambers for review of same.	C-O-W April 2, 6:00.
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 9:35 p.m.	Adjournment.

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Clerk of Council Mayor