Minutes of the Meeting of Council

Minutes of the Meeting of Council May 7, 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, May 7, 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 (6); absent: Barbara R. Sears (1). Mayor Stough noted that Ms. Sears is delayed.		Roll call: Sears absent, delayed arrival.

Mayor Stough led the Pledge of Allegiance to the United States of America.		Pledge of Alleg.

Ms. Sears arrived as requests were made for the following additions to the agenda: 10a. Finance Committee report on the 2007 capital improvement budget. 10b. Streets Committee report. 10c. Report on Shred Day. 10d. Zoning Committee report. 11a. Set a Utilities Committee meeting. 11b. Set a Safety Committee meeting. 12. Council to adjourn to Executive Session to discuss the possible sale or lease of property, and possible litigation. Dr. Backus moved, Mr. Milner 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 and Sears arrives.

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

Ms. Sears presented the April 16 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 April 16, 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 April 16 minutes.

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

Ms. Sears presented and read aloud by title only, proposed Ordinance No. 38-2007, a written copy of same having been previously furnished to each member of Council, AAuthorizing the Mayor and Director of Finance to expend the amount of $1,000 to support the Sylvania Area Chamber of Commerce Arts and Crafts Festival; and declaring an emergency.@ Ms. Sears moved, Mr. Haddad seconded, that Council dispense with the Second and Third Readings of said Ordinance. Mr. Luetke explained that the expenditure is not an ongoing practice by Council, there is a system for funding requests during the budget process. Mr. Borell agreed, and Mr. Haddad said that he feels it=s appropriate since the need for the funds developed after budget approval. The vote on the motion being: Haddad, Haynam, Luetke, Milner, Sears, Backus, Borell (7) yeas; (0) nays. The motion carried.		Ordinance 38-2007, A...$1,000... Chamber...Arts and Crafts Festival...@

Ms. Sears moved, Dr. Backus seconded, that Ordinance No. 38-2007 be enacted as an emergency measure as declared therein; roll call vote being: Luetke, Milner, Sears, Backus, Haddad (5) yeas; Haynam, Borell (2) nays. The motion carried.

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

Mr. Haynam said that the Zoning Committee reviewed the swimming pool fencing requirements at its May 4 meeting. Mr. Haynam presented and read aloud by title only, proposed Ordinance No. 39-2007, a written copy of same having been previously furnished to each member of Council, AAmending Chapter 1325 of the Sylvania Codified Ordinances by amending Section 1325.04 - Fencing Requirements to require all swimming pools with a water level greater than 18 inches be enclosed by a fence; 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: Milner, Sears, Backus, Borell, Haddad, Haynam, Luetke (7) yeas; (0) nays. The motion carried.		Ordinance 39-2007, AAmending Chapter 1325... Fencing Require- ments..Swimming Pools...@

Mr. Haynam moved, Mr. Luetke seconded, that Ordinance No. 39-2007 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. Milner presented and read aloud by title only, proposed Ordinance No. 40-2007, a written copy of same having been previously furnished to each member of Council, AAppropriating funds in the amount of $402,855 for the in-house portion of the pavement maintenance program; and declaring an emergency.@ Mr. Milner moved, Mr. Haynam 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 40-2007, A...Funds... Pavement Main- tenance Program ...@

Mr. Milner moved, Mr. Haddad seconded, that Ordinance No. 40-2007 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.

Service Director Jeffrey Ballmer=s report on the bids was placed on file. Mr. Milner presented and read aloud by title only, proposed Ordinance No. 41-2007, a written copy of same having been previously furnished to each member of Council, AAccepting the bid of PHC, Inc. and awarding the contract for the Franciscan, Clare and Kinsman improvement project to same; authorizing the expenditure for the improvements in the amount of $253,034.90; appropriating funds therefore; and declaring an emergency.@ Mr. Milner moved, Dr. Backus seconded, that Council dispense with the Second and Third Readings of said Ordinance; roll call vote being: Haddad, Haynam, Luetke, Milner, Sears, Backus, Borell (7) yeas; (0) nays. The motion carried.		Ordinance 41-2007, AAccepting the Bid of PHC... Franciscan... Improvement...@

Mr. Milner moved, Mr. Luetke seconded, that Ordinance No. 41-2007 be enacted as an emergency measure as declared therein; roll call vote being: Haynam, Luetke, Milner, Sears, Backus, Borell, Haddad (7) yeas; (0) nays. The motion carried.

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

After discussion on the County Engineer=s report on changing the Brint Road speed limit (.5 mile west to .25 mile east of King Road) to 40 m.p.h, Dr. Backus moved, Mr. Haynam seconded, to refer the letter to the Safety Committee for review and recommendation; roll call vote being: Luetke, Milner, Sears, Backus, Borell, Haddad, Haynam (7) yeas; (0) nays. The motion carried.		Brint Road speed increase request to Safety Comm.

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

Ms. Sears reported that the Finance Committee met on May 2 to consider several issues. She noted that the Chamber=s funding request was the result of the art show moving to the Lourdes campus, and the need to advertise more. The audit report was reviewed. She said that the 2007 capital budget was finalized. Ms. Sears distributed the revised budget, and noted that the amount for pavement maintenance should be increased to 403 due to the delay of the Convent Blvd. repaving project, and the amount for Franciscan/Clare/Kinsman be reduced to 253 to reflect the actual bid amount that was awarded. Ms. Sears moved, Mr. Haddad seconded, to approve the 2007 capital expenditures budget as amended; roll call vote being: Milner, Sears, Backus, Borell, Haddad, Haynam, Luetke (7) yeas; (0) nays. The motion carried.		Finance Comm. report and 2007 capital budget approved.

Mr. Milner reported that the Streets Committee met on May 4 to discuss the pavement maintenance program, and recommends that the repaving of the south end of Acres Road from Marshall south be moved up on the schedule. Roan and the other neighborhood roads should be scheduled for 2008. The committee also requests an annual list of cracked sidewalks, and ADA areas in need of repair.

Streets Comm. report.Mr. Luetke reported that the April 28 Shred Day was a success with residents in almost 200 vehicles participating. More than six tons were shredded. Ms. Sears said that a group of seniors suggests that volunteers be recruited to help senior citizens gather old papers that may be stored in attics and other areas if there is another Shred Day.		Shred Day.

Mr. Haynam reported on the May 5 Zoning & Annexation Committee meeting. Clarification in the fencing requirements for swimming pools was completed. They discussed developing a more timely process for the placement and removal of signs, particularly real estate ones. The cost of updating the land use plan was considered, and the recommendation is to request some funding from SCIC, and to incorporate the Township=s plan.		Zoning Comm. report.

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

Mr. Haddad set a Utilities & Environment Committee meeting for May 18 at 8:00 a.m. in Council Chambers to discuss the possibility of a new water tower, and establishing a City drop-off point for used oil, fluorescent light bulbs, and paint.		Utilities Comm. to meet on May 18, 8:00 a.m.

Dr. Backus said that the Safety Committee will meet at 7:00 p.m. on May 21 to review the County Engineer=s report on the Brint Road speed limit issue.		Safety Comm., May 21, 7:00.

Mr. Haddad added a brief report on the Independence Day fireworks. Mr. Haddad moved, Mr. Borell seconded, to authorize legislation approving the fireworks contract in the amount of $25,000 with the City=s share at $10,000; roll call vote being: Sears, Backus, Borell, Haddad, Haynam, Luetke, Milner (7) yeas; (0) nays. The motion carried.		Fireworks contract authorized.

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

At 8:20 p.m. Mr. Borell moved, Ms. Sears seconded, to adjourn to Executive Session of Council to discuss the possible sale, lease, and/or purchase of property, and possible litigation; roll call vote being: Backus, Borell, Haddad, Haynam, Luetke, Milner Sears (7) yeas; (0) nays. The motion carried.		Executive Session.

At 9:00 p.m. Mr. Haddad moved, Mr. Milner seconded, to return to Regular Session of Council; roll call vote being: Borell, Haddad, Luetke, Milner, Sears, Backus (6) yeas; (0) nays. The motion carried.		Regular Session.

Mayor Stough noted that Council Member Haynam was excused during the Executive Session due to a possible conflict of interest.

Haynam excused during Exec. SessMayor Stough reported that due to discussions in Executive Session, it is necessary for Council to consider some pieces of legislation. Ms. Sears presented and read aloud by title only, proposed Ordinance No. 42-2007, 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 offer to purchase the property located at 5952 W. Alexis Rd., Sylvania, Lucas County, Ohio 43560, owned by Forest T. and Erma L. Shumway for the amount of $36,800; providing funds for said purchase; authorizing the payment of the purchase price; and declaring an emergency.@ Ms. Sears moved, Mr. Haynam seconded, that Council dispense with the Second and Third Readings of said Ordinance; roll call vote being: Haddad, Haynam, Luetke, Milner, Sears, Backus, Borell (7) yeas; (0) nays. The motion carried.		Ordinance 42-2007, A...Purchase ...5952 W. Alexis ...@

Ms. Sears moved, Mr. Milner seconded, that Ordinance No. 42-2007 be enacted as an emergency measure as declared therein; roll call vote being: Haynam, Luetke, Milner, Sears, Backus, Borell, Haddad (7) yeas; (0) nays. The motion carried.

Mayor Stough presented two ordinances dealing with St. Joseph=s. He said that the Law Director has worked to complete the land swap. The existing parking lot agreement is to be amended to include a new term of 25 years. Either party may withdraw in 2008 with six months notice.

At Mr. Haynam=s request, Mr. Luetke moved, Mr. Borell seconded, to excuse Mr. Haynam due to a possible conflict. All present voted yea and Mr. Haynam was excused.		Haynam excused.

Ms. Sears presented and read aloud by title only, proposed Ordinance No. 43-2007, 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 First Amendment to the Agreement for the Development, Maintenance and Joint Use of a Parking Lot with Leonard Paul Blair, Bishop of the Roman Catholic Diocese of Toledo; and declaring an emergency.@ Ms. Sears moved, Mr. Milner seconded, that Council dispense with the Second and Third Reading of said Ordinance; roll call vote being: Luetke, Milner, Sears, Backus, Borell, Haddad (6) yeas; (0) nays. The motion carried.		Ordinance 43-2007, A...First Amendment... Agreement... Parking Lot... Catholic Diocese ...@

Ms. Sears moved, Mr. Milner seconded, that Ordinance No. 43-2007 be enacted as an emergency measure as declared therein; roll call vote being: Milner, Sears, Backus, Borell, Haddad, Luetke (6) yeas; (0) nays. The motion carried.

Ms. Sears presented and read aloud by title only, proposed Ordinance No. 44-2007, 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 Easement Agreement with Leonard Paul Blair, Bishop of the Roman Catholic Diocese of Toledo; and declaring an emergency.@ Ms. Sears moved, Mr. Luetke seconded, that Council dispense with the Second and Third Readings of said Ordinance; roll call vote being: Sears, Backus, Borell, Haddad, Luetke, Milner (6) yeas; (0) nays. The motion carried.		Ordinance 44-2007, A...Ease- ment Agreement ...Catholic Diocese...@

Ms. Sears moved, Mr. Milner seconded, that Ordinance No. 44-2007 be enacted as an emergency measure as declared therein; roll call vote being: Backus, Borell, Haddad, Luetke, Milner, Sears (6) yeas; (0) nays. The motion carried.

Mr. Haynam returned. 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 9:12 p.m.		Haynam returns and meeting adjourns.