8 members of Council were present when the meeting began. Brown, Craig, Collins, Hicks-Hudson, Ludeman, McNamara, Sarantou, Steel – The Blade reported incorrectly that Council referred the Marina sale legislation back to the administration. They changed the story online, but did not reference the error. It was incorrect for several hours, hence comments on their website due to the initial reporting were made under the impression that the legislation was referred back to the administration …You’ll read what took place correctly here.
APPOINTMENT FROM THE OFFICE OF THE MAYOR:
Appointments – Lucas County Disability Commission – confirmed by all present.
PRESIDENT BROWN PRESENTS:
Appointments – Youth Development Steering Committee – confirmed by all present
SECOND READING ITEMS:
Encouraging First Energy and its subsidiary Toledo Edison to proactively invest in the solar energy industry in Toledo. Held till May 3.
Granting a Special Use Permit for a Convenience Store for a site located at 2330 W. Central Avenue and 4023 Monroe Street, in the City of Toledo, Lucas County, Ohio; subject to certain conditions; and declaring an emergency. Hicks-Hudson needed to change her vote since she thought she was voting against it but instead voted yes. There were not enough members of Council to approve, 9 would be needed. They then started the vote over again. All members present voted no.
McNamara asked for the next two to be advanced while they were waiting for Waniewski to arrive.
DEPARTMENT OF FINANCE:
Providing for the issuance and sale of notes for the purpose of paying, in anticipation of the levy and collection of special assessments, a part of the cost of lighting streets, alleys and other public ways of the City, sprinkling, sweeping, cleaning and snow removal services for and treating the surface of streets, alleys and other public ways of the City, and planting, maintaining, trimming and removing shade trees in and along streets of the City, all during the year 2011; authorizing the execution and delivery of a Trust Agreement securing the payment of the Notes; authorizing the execution and delivery of certain other documents in connection with the issuance of the Notes; and declaring an emergency. First Reading
DEPARTMENT OF LAW:
Repealing Municipal Code Chapters 146, 154, 155, 156, 157, 161, 163, 170, 172, 174, 175, 176, 177, 178, 181, 183 and 185; disestablishing various trust funds established in those Chapters as provided by law , enacting a new Municipal Code Chapter 161; and declaring an emergency.
At the request of the City administration, the City of Toledo Parks Commission recently undertook an examination of the status of the various commissions within the City code. The Parks Commission has recommended a wholesale reorganization of the various commissions for the following reasons:
“1) To save money for the City of Toledo 2) To use the City of Toledo’s Staff and Personal more efficiently 3) To streamline the operation of the Parks (and Recreation) Commission 4) To provide a unified and organized citizens input into how the City Parks and Recreation system is run 5) To increase the philanthropic endeavors of the Toledo City Parks Commission.”
The instant ordinance would eliminate various smaller commissions and consolidate their missions within that of a greater City Parks Commission. Steel referred it to the Youth Parks & Recreation Committee.
COUNCILWOMAN HICKS-HUDSON PRESENTS:
Recognize Joan “Joannie” “Cookie Lady” Rowe. Brown said this resolution does not mean she can stop bringing cookies. All members of Council voted yes.
COUNCILMAN STEEL PRESENT:
Recognize Arts Commission of Greater Toledo and Artomatic 419 all members present voted yes.
COUNCILWOMEN WEBB & HICKS-HUDSON PRESENT:
Declaring April as Sexual Assault Awareness Month all members present voted yes.
DEPARTMENT OF DEVELOPMENT:
Authorizing the Mayor to execute and deliver needed instruments for the sale and conveyance of certain city-owned real estate known as the Marina District to Louisville Title Agency for N.W. Ohio, Inc., Trustee in the amount of $3,800,000; authorizing the payment of reasonable and customary transaction costs; authorizing the deposit of net sale proceeds; waiving the competitive bidding provisions of Chapter 187 of the Toledo Municipal Code; and declaring an emergency. Brown said refer back to the administration.
McNamara did not think this should be referred back, his concern is if this was reassessed because of what was stated publicly he felt it sends the wrong message since there was never a vote. He asked for it to be held for 2 weeks to send a message that Council is still willing to work with with the investors. Collins said he was in total agreement with McNamara. Collins also asked for a complete review of all of the money spent on the Marina District and the conditions of the grants that were awarded. Crothers said they have been in communication with Dashing through Scott Prephan and they are continuing to assess their options, the city is continuing to communicate with them to offer any additional information they might require, he’s hopeful they can reach a favorable arrangement with them, they don’t have a deal and the legislation calls for the consummation of the deal, so he requests they refer the legislation back to the administration. McNamara said the Mayor said it was because of the message Council said which is why he’d like it held for two weeks, they can always refer it back later. Brown withdrew the motion to refer back to the administration, the legislation is being held for two weeks.
COUNCIL MEMBERS SARANTOU AND McNAMARA PRESENT:
Expressing support for the Office of the Ohio Consumers’ Counsel and urging the Ohio Legislature to preserve the mission of the OCC by restoring funding to their budget; and declaring an emergency.
Sarantou said he was not able to be present at agenda review since he was in Columbus testifying about this bill, it impacts 4.5 million customers in the state of Ohio, the cut of 50% to this agency has saved over $54 million to consumers with a budget of about $17 million dollars. OCC represents business customers as well, so their services are not duplicated by the PUCO. When First Energy announced they were not going to continue with their all electric credit, OCC is the one who fought for that to continue and it was OCC that responded to their calls for help in 2006 when cheaper gas was going through the area into Michigan, Columbia Gas changed their rates and now we enjoy very low gas rates through Columbia Gas. He asked for their support. McNamara thanked Sarantou and said OCC is not funded from the general fund so the cut does not help Ohio balance it’s budget, OCC has done their job and more than earned the portion of the money given from electric bills. Kasich said we don’t need them both, McNamara said it’s like saying you don’t need a lawyer because you have a judge. He said it’s foolish to not have both sides have advocates. All members of council with the exception of Waniewski voted yes.
COUNCILWOMAN WEBB PRESENTS:
Authorizing the waiving of the application fee for a zoning change request for the properties located at 3920 Funston, Toledo, Ohio 43612; and declaring an emergency. All members of Council voted yes (Copeland was also now present.)
Expanding the Marina District Overlay District Architectural Review Committee (ARC) from five (5) members to seven (7) members; and declaring an emergency. Craig said when they first considered this legislation three years ago, they worked hard to keep it a non-political body. It was very well thought out with the five members, none were to be appointed by Council, they all agreed to it, he doesn’t see a reason to expand this. He views this is an attempt to politicize a non-political committee, he thinks it’s a bad idea, it’s in his district, he would have liked to have been consulted before this was submitted to Council. Ludeman agreed with Craig and all of Council in 2007 was committed to keeping this non-political. One of the appointment suggestions was Peter Ujvagi and Ludeman opposed that appointment. Hicks-Hudson said they could have further discussion in Committee of the Whole, things have changed and there should be a discussion about it then. Craig moved to table. Administration said typically this should be referred to the Plan Commission for a public hearing. Roll call on motion to table. Ludeman, McNamara, Sarantou, Waniewski, Brown, Craig voted yes
Hicks-Hudson, Collins, Copeland, Steel voted no – it was then referred to Committee of the Whole.
DEPARTMENT OF PUBLIC SERVICE:
Authorize and grant permission to The Uptown Association for the development and administration of a cultural and civic banner/flag program; and declaring an emergency.
The Toledo Edison Company (“Company”), the City of Toledo Division of Transportation (“City”) and The Uptown Association have determined that the creation of a cultural and civic banner program is a vital part in improving the streetscape near downtown. Passed by all members of Council.
Amending Ordinance Number 295-10 to Authorize the expenditure of $288,000 from the Solid Waste Trust Fund and to Authorize the Mayor to enter into a three-year Agreement with Resource Recovery Systems, LLC, d.b.a. ReCommunity, formerly known as FCR Recycling, in order to facilitate the processing of single-stream recycling; and declaring an emergency.
The Department of Public Service, Division of Solid Waste has had recycling operations since 1986. The recycling market has traditionally been favorable to the City, resulting in revenue for the items collected. However, during the down turn in the recycling market experienced in late 2008, the City had to pay for the processing of the recyclable materials collected. The Division of Solid Waste utilized FCR Recycling from December 2008 until now to process the recyclable materials. Ordinance Number 295-10 authorized the Mayor to enter into an Agreement with FCR to reduce the amount due and owing by applying recycling rebates earned toward the total balance owing, which was approximately $288,000 through April, 2010. However, the Ordinance failed to authorize the expenditure of funds and FCR was bought by Resource Recovery Systems, LLC. Therefore, after further review and discussion, it is deemed more advantageous to the City to pay the outstanding balance and enter into the Agreement with Resource Recovery Systems, LLC, d.b.a. ReCommunity, formerly known as FCR Recycling, to secure our pricing for a three-year period.
This Ordinance provides for the necessary amendments to Ordinance 295-10 to authorize the expenditure and Agreement required to proceed with the processing of single-stream recycling services.
Collins said this is a three year contract and in light of the fact they made the decision to move trash collection to the County, do they really want to sign a contract, he knows there is an escape clause, but he’s not comfortable doing this considering the City is planning on ending their services. McNamara said there is a 90 day escape clause, they need a contract in the mean time. First reading. Crothers asked Ed Moore to speak to them about the timing. It is a new 3 year agreement as well as for past bills owed, there is a 90 day out, they are experiencing revenues to lock into the rates they have right now. As they move towards a MRF they can take advantage of that. Crothers asked if there was a timing factor with the contractor, Moore said they agreed to pay them a lower amount if they passed this through Council tonight. Sarantou wanted to know the original bill was – it was over $400,000 they talked them down to the $280,000 mark. Dave Welch said the deal was on the table today, they’ve been holding these folks out on the past due amount. Right now they have no contract they could charge us, the money owed goes back to 2008. Collins said if we have no contract with them know, what authority do they have to charge us whatever they want. Welch said they have been honoring the past contract and this is the best deal we can come up with. If they pass it tonight they would see a positive revenue for recycling. (Though not really when you factor in the fact they are paying $288,000) Even when the County takes over, the recycling would still go to them. Welch said we would still have ownership of the recycling and the City would still earn from recycling.
Collins said we are still subsidizing trash to the tune of $1.2 million and now we are going to contract for this? Steel thought the previous legislation addressed this. Welch said they never authorized the payment of the bill, this was just to clarify what they did in July of 2010. It was said they paid it down to about $316,000 and the company said if they gave them a three year agreement they would knock it down. Last month they got an over $35,000 rebate. Steel asked how long it would take to pay the amount through rebates. Steel said if they continue that way then the money would be paid off within the year. It was stated it was because if we pay them directly we would have a positive revenue stream. (But they would still have to be paid for their recycling services.)
It was given First Reading.
DEPARTMENT OF PUBLIC UTILITIES:
Authorizing the Mayor to apply for, enter into agreements, and to accept, deposit and appropriate loan proceeds of up to $10,950,641.83 from the Ohio EPA and/or the Ohio Water Development Authority; authorizing the Mayor to apply for, enter into agreements, and to accept, deposit and appropriate loan proceeds of up to $750,000 and grant proceeds of up to $750,000 and enter into a project agreement with the Ohio Public Works Commission (“OPWC”); authorizing the expenditure of said grant and loan proceeds on the Ayers-Monroe Storage Conveyance Pipeline Consent Decree Project; appropriating $38,300.00 from the Sanitary Sewer Replacement Fund for the payment of loan administration fees and miscellaneous project costs; authorizing various adjustments and transfers of expense to comply with the loan agreements; authorizing a dedicated source for repayment of said loan(s); authorizing the Mayor to execute all necessary documentation for said grant and loan(s) and to execute the necessary documentation for all contracts related to construction, professional services, contingencies, capitalized interest, testing and permit fees; and declaring an emergency. Passed by all members present.
Authorizing participation in the State of Ohio’s Water Resource Restoration Sponsor Program; authorizing the Mayor to enter into agreements with the Ohio EPA, the Ohio Water Development Authority, the Metroparks and The Nature Conservancy for the sponsorship of a water resource restoration project; and declaring an emergency. Passed by all members present.
Authorizing the appropriation and expenditure of $2,840,000 from the unappropriated balance of the Water Replacement Fund; authorizing the Mayor and Commissioner of Purchasing and Supplies to acquire rights-of-way and easements, and enter into contracts after advertisement according to law for the design and construction of water mains in an amount not to exceed $2,840,000; and declaring an emergency. Passed by all members present.
Authorizing the expenditure of $38,488 from the SCM&R Program (Fund 2014) to provide for the payment of the City of Toledo’s 2011 Transportation Planning Assessment Fee to the Toledo Metropolitan Area Council of Governments (TMACOG); and declaring an emergency. Passed by all members present.
Authorizing the appropriation and expenditure of $25,000.00 from the unappropriated balance of the Capital Improvement Program; authorizing the Mayor to receive proposals in accordance to Law and enter into contracts for professional design services for construction of a mooring slip to be located in the Marina District for the Willis B. Boyer Museum Facility; and declaring an emergency.
The Great Lakes Historical Society’s current museum is located in Vermillion Ohio. The GLHS is currently considering relocating their museum to the Marine Passenger Ferry Terminal Building, located on the Maumee River in the Marina District Area. The overall plan would also include the relocation of the Willis B. Boyer, which is currently being re-painted and undergoing other improvements, to the area adjacent to the Marine Passenger Ferry Terminal Building. As this is the largest ship-museum on the Great Lakes, this will enhance the newly located Great Lakes Historical Museum at this location. These funds will be utilized to perform the design services associated with the mooring slip for the Boyer. It is anticipated that all construction costs will be paid for out of grants secured through the Ohio Cultural Facilities Commission. Passed by all members present.
Declaring it necessary to improve the alley bounded by Plymouth Street, Navarre Avenue, White Street, and Idaho Street by installing alley lighting; and declaring an emergency.
The owners of the properties abutting the alley bounded by Plymouth Street, Navarre Avenue, White Street, and Idaho Street have requested by majority petition that the City install high-pressure sodium alley lighting to protect their properties and provide nighttime safety. The total annual cost for the installation, operation, and maintenance of the lighting is $352.41 of which the City’s share is $7.05. Passed by all members present.
Authorizing the appropriation and expenditure of $185,000 from the unappropriated balance of the Water Replacement Fund for the Rehabilitation of the Overhead Traction Freight Elevator; authorizing the Mayor and the Commissioner of Purchases and Supplies to accept bids and enter into a contract, according to law, to provide these services; and declaring an emergency.
The Division of Water Treatment at 3040 York Street has a five-story chemical building facility where the water softening process takes place. The water treatment chemicals and equipment to operate the chemical feed system are transported via the freight elevator. The elevator was originally installed in 1941, and is past due for repairs and safety upgrades. Funding for this project has previously been authorized in the Water Treatment CIP Budget. Passed by all members present.
Authorizing the Mayor and the Director of Public Utilities to expend up to $1,840,403 from the 2011 Water Reclamation operating budget on Co-Generation Operation and Maintenance services by Solar Turbines, Inc.; and declaring an emergency. Passed by all members present.
McNamara said the City should be able to run it’s own equipment, he’d like to see the administration work on this and avoid subcontracting this out in the future.
Authorizing and directing the Director of Finance to provide the necessary transfer of funds to facilitate the reduction and disappropriation of $100,000 from the Sanitary Sewer Pump Station Replacement project in the Sanitary Sewer Bond Fund; authorizing the appropriation and expenditure of $100,000 from the Sanitary Sewer Bond Fund to provide funds for the PLC PT Replacement Project, permit fees and miscellaneous project expenses for the Grit Facility Project; and declaring an emergency. Passed by all present.
Authorizing the appropriation and expenditure of $240,000 from the unappropriated balance of the Water Operating Fund to reconcile expenditures for city water kills; and declaring an emergency.
The city water kills contract authorized under ordinance 135-08 was price determining, but the dollar amount was capped in the ordinance. The contract was rolled over as authorized by said ordinance; however, the number of kills needed exceeded the 2008 budgeted amount. The contract expires June 2011 and has insufficient funds. This ordinance is required to authorize the appropriation and expenditure of the funds in order to pay for work performed under the city water kills contract. Passed by all members present.
Authorizing an expenditure of $19,200 from the Stormwater Operating Fund to Lucas Soil and Water Conservation District in order to provide for the City of Toledo’s 2011 contribution; and declaring an emergency. Passed by all members present.
Authorizing the settlement of the claims of Northwestern Ohio Building and Construction Trades Council, AFL-CIO for the sum of $12,000; authorizing the expenditure of $12,000 from the Risk Management Fund; and declaring an emergency.
In the summer of 2008, the City of Toledo began a project to remodel Bay 4 of the Erie Street Market into a venue for musical concerts and other types of entertainment. The City acted as its own general contractor and entered into agreements with a number of subcontractors to complete various aspects of the remodeling project. Ultimately the cost of the remodeling of Bay 4 totaled approximately $80,000. Under Ohio’s prevailing wage statute, prevailing wage rates must be paid on remodeling projects that exceed $15,000.
The City did not require that its subcontractors pay the prevailing wage to their workers. In addition, the City did not maintain the records required under the prevailing wage statute. Northwestern Ohio Building and Construction Trades Council filed suit against the City of Toledo and its subcontractors to collect the underpaid wages and for attorney fees that it incurred in bringing the lawsuit. The amount of attorney fees ascribed to the City total $20,000.
A proposed settlement agreement has been reached in the amount of $12,000 to resolve Northwestern Ohio Building and Construction Trades Council’s claims against the City without constituting an admission of any violation of federal or state law. Passed by all present with the exception of Copeland, who abstained.
FIRE & RESCUE OPERATIONS:
Authorizing the appropriation of $199,500 from the unappropriated 2011 Capital Improvement Fund for payment of year four of the lease purchase of six (6) EMS Transport Units (ambulances) for the Department of Fire and Rescue; authorizing the expenditure of said funds; and declaring an emergency.
ORD 55-07 authorized the lease of the six (6) EMS Transport Units (ambulances) allowing the City of Toledo, through the Department of Fire and Rescue Operations, to begin a Basic Life Support (BLS) transport billing service. The TFRD provides staffing for the units and collects a transport fee for the service. The lease agreement with Burgess Ambulance Sales, Inc. through Lease One Corp. covers five (5) years with the ability to purchase the units for one dollar ($1) at the end of the lease. The lease will be paid for from the revenue earned through billing process. Passed by all members present.
DEPARTMENT OF FINANCE:
Authorizing the Mayor and the Director of Finance to enter into an Agreement running beyond the fiscal year with a qualified financial institution for the purpose of paying the City’s workers’ compensation premiums to the Bureau of Workers’ Compensation; authorizing the expenditure of funds from the Workers’ Compensation Fund 7082; authorizing the acceptance of informal proposals; waiving the requirements of Chapter 187 of the Toledo Municipal Code; and declaring an emergency.
The Bureau of Workers Compensation (BWC) provides an option for payment schedules to be made vis a vis a credit card. Utilizing the BWC payment option would result in savings, revenue, signing bonus and rebates to the City which can be used towards balancing the 2011 Operating Budget. There are several financial institutions, two of which are local, that can provide the proper transaction process (i.e., credit card) to facilitate the BWC payments.
COUNCILMAN COLLINS, CHAIR, PUBLIC SAFETY, LAW & CRIMINAL JUSTICE COMMITTEE, REPORTS AS APPROVED:
Submitting to the State of Ohio Department of Commerce, Division of Liquor Control a Request for a hearing, objecting to the renewal of liquor permit #6053690 (D5,D6) to Melrose Missile LLC, DBA/ Omni Midwest located at 2567 W. Bancroft St. Toledo, Lucas County, Ohio 43607; and declaring an emergency.
Collins asked to hold this one at First Reading since the Safety Director was going to have a meeting with the owner.
Submitting to the State of Ohio Department of Commerce, Division of Liquor Control a Request for a hearing, objecting to the renewal of liquor permit #6219220 (D1,D2,D3,D3A,D6) to Mugshots Inc. DBA/ Mugshot’s located at 1001 Summit St. Toledo, Lucas County, Ohio 43604; and declaring an emergency. Passed by all members of Council present
Submitting to the State of Ohio Department of Commerce, Division of Liquor Control a Request for a hearing, objecting to the renewal of liquor permit #20126310015 (D1,D2,D3,D3A & D6) to Heney Deen, DBA/CJ’s, 384 Phillips Ave., 1st Floor, Toledo, Lucas County, Ohio 43612; and declaring an emergency. Passed by all members present.
Waniewski thanked Collins for the information on The Omni and wanted to be involved in the meeting, having been present with initial meetings with the owners as to how the establishment would be operated. Brown said she knows what the owners promised, but it did not materialize and she hoped they would think seriously about this.
COUNCILMAN CRAIG, CHAIR, ZONING & PLANNING COMMITTEE, REPORTS AS APPROVED:
Changing the zoning maps attached to Part 11, Planning and Zoning, Toledo Municipal Code, for the property located at 4048 Upton Avenue, in the City of Toledo, Lucas County, Ohio; and declaring an emergency. Passed by all members present.
Amending Toledo Municipal Code (TMC), Part Eleven, Planning and Zoning Section 1104 by adding Subsections 1104.0903 and amending subsections 1104.0901, Amending sections 1105.0900, 1116.0191 and 1106.0205 and adding a new section 1116.0162; and declaring an emergency. Passed by all members present.
Vacating that portion of Goodwood Avenue lying adjacent to Lots 77 & 78 within Laskey Place in the City of Toledo, Lucas County, Ohio; and declaring an emergency. Passed by all members present.
That ends the agenda. Hicks-Hudson moved to excuse:
Hicks-Hudson said there had been a rise in criminal and nuisance activity in her District, a meeting on how they can partner together will be Monday, April 25 at St. Vincent’s Hospital Community Room 1 at 6 p.m. She said this should start at a district level and move through Toledo.
Ludeman invited everyone to the Economic Development Committee at 2 p.m. the University of Toledo will be giving an update. The parking Downtown as far as the City requiring permits is an issue, a hearing on that will be forthcoming. Crothers said 35 letters were sent out some owned more than one lot, 56 licenses were issued after the letters went out, 13 were new licenses on lots that have existed for some time. Crothers said this is not a revenue generating scheme for the city it’s to provide a consistent parking experience, he said it’s been part of the code since 1952. Ludeman said there were some discussions in the past and the last time the head of the parking authority was ill, he said he was about to go to a Mud Hens game, could he use Crothers usual parking spot. Crothers said no comment, he then said he did not mean to infer they did not support a committee hearing, he supports discussion of the issue.
McNamara said he respects Collins difference of opinion but he thinks the way he is looking at it is not the proper way of examining the issue. McNamara said there is the collection of refuse and the disposal, the city is still managing the landfill and the disposal.
Sarantou reminded members Thursday April 21 at 4:00 is the Finance, HR & IT committee. A new topic will be continuous improvement projects.
Steel had nothing.
Waniewski appreciated the parking issue Downtown being raised. He said he has been getting alot of comments about parking Downtown, he’s always looking at the fluctuating parking fees, on other code enforcement, by way of referral he wants to know where the city stands on business compliance on posting signs on the roadway. He said signs on everything from weight loss to other items are there blowing in the breeze.
Collins, Craig had nothing
Brown said some of the parking fees were ridiculous, she wanted to know if there was an ordinance controlling the price with some of them charging $20 and more. Crothers said their control is over the licensing and the condition of the lots, the city does not control the private sector as far as what they charge, he’ll ask the law department to see if they have the power to do that. It’s his personal opinion that if a motorist is traveling near the park and sees a $20 sign they have a choice, if you go five blocks there are also metered spots or $2.00 at a box location. He encourages people to use that choice. Brown said you don’t get any results if you don’t ask questions.