Minutes of the Meeting of Council

Minutes of the Meeting of Council March 3, 2008

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 3, 2008 at 7:30 p.m. with Mayor Craig A. Stough in the chair. Roll was called with the following members present: Dr. Read Backus, V. Michael Brown, Katie Cappellini, Keith Haddad, Doug Haynam, Mark Luetke, Todd Milner (7); absent: (0).		Roll call: all present.

Mr. Milner 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 amendments to the agenda: 4a. Introduction of Mayor=s Administrative Assistant. 4b. Presentation of Resolution to Ms. Sears. 4c. Move item 12 here. 4d. Consideration of Ordinance 12-2008, limitations on vicious dogs. 4e. Resolution 7-2008, for Sub. S.B. 221. 5a. Ordinance 16-2008, approving the banner application of St. Joseph=s. 13a. Monroe Gateway committee report. 13b. Zoning Committee report. 14a. TARTA voters= rights bill. 15. Council to adjourn to Executive Session to discuss the purchase of real estate. Mr. Haynam moved, Mr. Haddad seconded, to approve the agenda as amended; roll call vote being: Backus, Brown, Cappellini, Haddad, Haynam, Luetke, Milner (7) yeas; (0) nays. The motion carried.		Amendments to the agenda.

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

Mr. Haddad presented the February 20 meeting minutes. Mr. Haddad 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 regular meeting of February 20, 2008 be approved as submitted, provided there are no amendments from other members of Council; roll call vote being: Brown, Cappellini, Haddad, Haynam, Luetke, Milner, Backus (7) yeas; (0) nays. The motion carried.		Approval of the February 20 minutes.

Mayor Stough introduced Laura Bigelow, his Administrative Assistant. He noted that this is a new position created in June 2007, and budgeted for in 2008.		New employee.

Mayor Stough presented the notice from First Energy of their intent to run a transmission line tap to the Flower Hospital substation. Kathy Garcia and Meg Adams from Toledo Edison, and Kevin Webb, Flower Hospital, were present. There was discussion on the impact the lines and poles will have on the Gateway project since they will go west on Monroe, and then south on Harroun. Mr. Webb noted that the substation must be working by the end of the construction which is estimated to be in September. Mr. Webb was requested to provide a time line. Mr. Haddad moved, Dr. Backus seconded, to refer the issue to the Utilities & Environment Committee; roll call vote being: Cappellini, Haddad, Haynam, Luetke, Milner, Backus, Brown (7) yeas; (0) nays. The motion carried.		First Energy notice to Utilities Comm.

Mayor Stough presented Barbara Sears with the framed Resolution No. 3-2008, commending her 10 years of service to the Sylvania Community as a City Council member. Ms. Sears, recently appointed to serve as State Representative for the 46^th District, briefly explained a proposed resolution some communities are considering to give them an alternative to opt-out of the TARTA bus transportation system.		Resolution to Sears.

Mr. Haynam requested an amendment to proposed Ordinance No. 12-2008 which was referred to the Safety Committee. Due to ongoing problems with a pair of pit bulls in his neighborhood which are not licensed or confined, Mr. Haynam moved to recall proposed Ordinance No. 12-2008 for further action. Police Chief Gerald Sobb reported on the police action taken in the case, and he has asked the Lucas County Dog Warden to address Council. It was suggested that a public hearing be held. There was no second to the motion.		Vicious dog legislation.

Mr. Brown presented and read aloud by title only, proposed Resolution No. 7-2008, a written copy of same having been previously furnished to each member of Council, ACalling for changes to Sub. S.B. 221 to improve savings opportunities for City of Sylvania residential and commercial ratepayers; and declaring an emergency.@ Mr. Brown moved, Mr. Milner seconded, that Council dispense with the Second and Third Readings of said Resolution; roll call vote being: Haddad, Haynam, Luetke, Milner, Backus, Brown, Cappellini (7) yeas; (0) nays. The motion carried.		Resolution 7-2007, ACalling for Changes to Sub. S.B. 221...@

After discussion in which it was noted that Council neither endorses nor opposes the increased use of nuclear power, Mr. Brown moved, Dr. Backus seconded , that Resolution No. 7-2008 be enacted as an emergency measure as declared therein; roll call vote being: Haynam, Luetke, Milner, Backus, Brown, Cappellini, Haddad (7) yeas; (0) nays. The motion carried.

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

There was discussion on whether a banner application for the Toledo Weak Signals event was appropriate to be considered as a Sylvania community event. Mr. Haynam presented and read aloud by title only, proposed Ordinance No. 13-2008, a written copy of same having been previously furnished to each member of Council, AApproving the banner application of Toledo Weak Signals; 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. Milner seconded, that Council dispense with the Second and Third Readings of said Ordinance; roll call vote being: Luetke, Milner, Backus, Brown, Cappellini, Haddad, Haynam (7) yeas; (0) nays. The motion carried.		Ordinance 13-2008, AApproving the Banner Application of Toledo Weak Signals...@

Mr. Haynam moved, Mr. Milner seconded, that Ordinance No. 13-2008 be enacted as an emergency measure as declared therein; roll call vote being: Milner, Backus, Brown, Cappellini, Haddad, Luetke (6) yeas; Haynam (1) nay. The motion carried.

Mr. Haynam presented and read aloud by title only, proposed Ordinance No. 16-2008, 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, Brown, Cappellini, Haddad, Haynam, Luetke, Milner (7) yeas; (0) nays. The motion carried.		Ordinance 16-2008, AApproving the Banner Application of St. Joseph Church...@

Mr. Haynam moved, Mr. Milner seconded, that Ordinance No. 16-2008 be enacted as an emergency measure as declared therein; roll call vote being: Brown, Cappellini, Haddad, Haynam, Luetke, Milner, Backus (7) yeas; (0) nays. The motion carried.

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

Service Director Jeffrey Ballmer=s report on the contract mowing proposals was placed on file. Mr. Luetke presented and read aloud by title only, proposed Ordinance No. 14-2008, a written copy of same having been previously furnished to each member of Council, AAccepting the proposal of Mossing Lawn Service for the furnishing of all labor, materials and equipment for turf maintenance at various locations owned by the City of Sylvania, not to exceed the total sum of $30,250 for the years 2008 and 2009; appropriating funds therefore; and declaring an emergency.@ Mr. Luetke moved, Mr. Haddad seconded, that Council dispense with the Second and Third Readings of said Ordinance; roll call vote being: Cappellini, Haddad, Haynam, Luetke, Milner, Backus, Brown (7) yeas; (0) nays. The motion carried.

Ordinance 14-2008, AAccepting the Proposal of Mossing Law Service...Turf Maintenance...@Mr. Luetke moved, Mr. Haddad seconded, that Ordinance No. 14-2008 be enacted as an emergency measure as declared therein; roll call vote being: Haddad, Haynam, Luetke, Milner, Backus, Brown, Cappellini (7) yeas; (0) nays. The motion carried.

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

The Police Chief explained that requests for a school resource officer at McCord Jr. High and a D.A.R.E. officer at the Islamic Academy make it necessary to hire an additional officer. Grants are expected to cover part of the salary. Dr. Backus presented and read aloud by title only, proposed Ordinance No. 15-2008, a written copy of same having been previously furnished to each member of Council, AAmending Section 125.02 of the Codified Ordinances of Sylvania, 1979, as amended, by increasing the number of police patrolmen from twenty-five to twenty-six; 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, Backus, Brown, Cappellini, Haddad (7) yeas; (0) nays. The motion carried.		Ordinance 15-2008, AAmending Section 125.02... Increasing... Police Patrolmen ...@

Dr. Backus moved, Mr. Milner seconded, that Ordinance No. 15-2008 be enacted as an emergency measure as declared therein; roll call vote being: Luetke, Milner, Backus, Brown, Cappellini, Haddad, Haynam (7) yeas; (0) nays. The motion carried.

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

The Service Director=s report on the Harroun Park drainage project was placed on file. Mr. Brown moved, Mr. Haynam seconded, to reject the previous bids received on January 17, and to authorize the clerk to advertise for bids for the revised Harroun Park Drainage Improvements; roll call vote being: Milner, Backus, Brown, Cappellini, Haddad, Haynam, Luetke (7) yeas; (0) nays. The motion carried.		Clerk to advertise for Harroun Park Drainage bids.

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

The Service Director=s report on the 2008 Pavement Planing project was placed on file. Mr. Milner moved, Mr. Haynam seconded, to authorize the clerk to advertise for bids for the Pavement Planing 2008; roll call vote being: Backus, Brown, Cappellini, Haddad, Haynam, Luetke, Milner (7) yeas; (0) nays. The motion carried.		Clerk to advertise for 2008 Pavement Planing bids.

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

The Service Director=s report on the Convent Blvd. improvements was placed on file. Mr. Milner moved, Mr. Luetke seconded, to authorize the clerk to advertise for the Convent Blvd. Improvements bids; roll call vote being: Brown, Cappellini, Haddad, Haynam, Luetke, Milner, Backus (7) yeas; (0) nays. The motion carried.		Clerk to advertise for Convent Blvd. Improvements bids.

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

The Service Director=s report on the Woodland Lane project was placed on file. Mr. Milner moved, Mr. Luetke seconded, to authorize the clerk to advertise for bids for the Woodland Lane Improvements; roll call vote being: Cappellini, Haddad, Haynam, Luetke, Milner, Backus, Brown (7) yeas; (0) nays. The motion carried.		Clerk to advertise for Woodland Ln. Improvements bids.

Agenda item 12 was previously considered, and Mayor Stough stated that Council will now consider agenda item 13.

Mr. Milner reported on the 5:00 Monroe Gateway Committee meeting with the consultant. Traffic light removal on Monroe at the Kroger store, and the inclusion of a light on Harroun at the Kroger store were discussed. The committee plans to meet with representatives from Kroger, BP, and the cemetery.		Monroe Gateway Comm.

Mr. Haynam reported on the 4:00 Zoning & Annexation Committee meeting. Poggemeyer provided a consulting proposal for the Land Use Plan update. Other topics considered were the possible adoption of a civil infraction code, and the pursuit of zoning and building code violations as a civil rather than a criminal matter. Mr. Haynam moved, Mr. Luetke seconded that Council meet in Committee-of-the-Whole on March 17 at 6:30 p.m. to consider a new civil infraction code and enforcement policy; roll call vote being: Haddad, Haynam, Luetke, Milner, Backus, Brown, Cappellini (7) yeas; (0) nays. The motion carried.		Zoning Comm. report. C-O-W to meet March 17, 6:30 p.m.

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

Mr. Haddad moved, Mr. Milner seconded, to set a Finance Committee meeting on March 17 at 5:30 p.m. to consider the TARTA opt-out resolution; roll call vote being: Haynam, Luetke, Milner, Backus, Brown, Cappellini, Haddad (7) yeas; (0) nays. The motion carried.		Finance Comm. to meet March 17, 5:30 p.m.

At 9:15 p.m. Mr. Luetke moved, Dr. Backus seconded, to adjourn to Executive Session of Council to discuss the possible purchase of property; roll call vote being: Luetke, Milner, Backus, Brown, Cappellini, Haddad, Haynam (7) yeas; (0) nays. The motion carried.		Executive Session.

At 10:30 p.m. Mr. Haddad moved, Mrs. Cappellini seconded, to return to Regular Session of Council; roll call vote being: Milner, Backus, Brown, Cappellini, Haddad, Haynam, Luetke (7) yeas; (0) nays. The motion carried.		Regular Session.

Mayor Stough stated that Council discussed the possible purchase of property in Executive Session, no action was taken, and no action is required at this time.

Mayor Stough stated that all items on the agenda had been considered. Mr. Haddad moved, Mrs. Cappellini seconded, that this meeting adjourn. All present voting yea (7); (0) nays. The motion carried and the meeting adjourned at 10:32 p.m.		Adjournment.