Nine were present at the beginning of the meeting. The most interesting part of this meeting relates to the FM Global versus Chartis discussion for those of you who want to skim down for that … The discussion concerning the request to have Nancy Wheatley advise council on the possibility of renegotiating the EPA consent decree is also a recommended read.
As always there is more information on some of these items from the last Agenda Review
Appointments – Board of Community Relations Confirmed by the 10 then present
Plumbing Board of Control – Confirmed by Martinez, McNamara, Steel, Waniewski, Webb, Brown, Collins, Craig, Hicks-Hudson and Ludeman
Contribution to Toledo-Lucas County Police Athletic League (PAL) from Police, $25,000 LETF Passed by all present with the exception of Ludeman who abstained since he is a member of the PAL Board.
Resolution – Recognize 2011 Cotillion Debutantes was the first item on the agenda, two were recognized. It’s the 47th annual ball.
Establish HUD Section 108 Loan Program Policy Passed by all previously present including Sarantou who arrived.
Martinez hoped this would create a new beginning for development in Toledo, 15 organizations participated in crafting this policy with underwriting criteria. He said this creates a better economic development plan moving Toledo forward, there are two additional steps, this is just the administrative aspect. One of the objectives is to help small and micro businesses. The Port will help leverage bond dollars for a potential worth of $30 million dollars. No one else in the country is doing anything like this, we will be leading the country in this type of development process Martinez said. Craig said it was a very good piece of legislation, deserves unanimous support and will bring a lot of economic development to the City. Ludeman thanked Martinez and some of the Mayor’s staff as well as others who were involved, he said it hasn’t gotten much press but was the best piece of legislation he’s seen while on Council.
Sale of leased property in Walbridge Park to Maumee River Yacht Club, $132,222 Passed by all present
Sale of leased property in Walbridge Park to Toledo Sailing Club, $38,720 Passed by all present
Amend TMC Sec. 2101.01(b) to change Salary Group of Assistant Clerk of Council from E-1 to E-2To:HR, IT & Finance
McNamara said this would make it an E-2 which changes the salary range, it should not be about the performance of the current assistant clerk. He said Toledo has the second highest paid clerk of council, Columbus is higher, Cleveland, Cincinnati, Akron, Youngstown have lower salary levels. The duties for our assistant clerk may be different, he’s advocating for a desk audit. Brown said she would not sign anything without it going before Council, she’s not that kind of a council president. Collins said they need to get past the title and look at the job description when it comes to salary comparisons. He supports the idea of a desk audit creating a fair assessment. He said they need an apples to apples comparison.
Accept State grant for Muni Court for Misdemeanant Intensive Supervision (MIS) Program, $303,834 passed by all present
Landbanking Sale – 424 Rockingham to Scott & Melissa Ramsey, 6 units rehabilitation, $150 Passed by all present
Landbanking Sale – 2 parcels at Tecumseh & Pulaski to LCLRC for urban gardening, $2 Passed by all present
Accept funds from Wendy’s for release of responsibilities for traffic signal at Monroe St. Plaza,$30,000 Passed by all present
Amend TMC Sec. 943.05(c) to increase Storm Water Rates 9.9% per year for 4 years, 2011 – 2014 To:Utilities & Public Service
Collins said he spoke with Nancy Wheatley, the attorney representing Toledo in this matter, he had said at Agenda Review that perhaps they could have her prepare a statement or legal opinion but after talking with her he really believes we should bring her to Toledo. He doesn’t think they will get a full understanding as to the impact, it is about a million dollars a year he thinks to do due diligence, having her presence is the responsible thing for Council to do whether it is in open Council or Executive Session. Loukx said he talked with Wheatley about an hour ago, he’ll send them a memo on the privileged part. He asked if there would be minimum conversation outside of Executive Session. He sees an issue if too many council members contact her, he told them to be mindful of section 30 of the Charter. Loukx said he believes she even believes it is not necessary to come here. McNamara asked for clarification, Loukx said being involved in a question and answer period does is not something she feels has value, he doesn’t think there is uniformity or conviction for her to come here. McNamara said that’s different than what she had told him just a few hours ago. Loukx said that’s the problem if too many people are talking to the same person. Loukx said he would address this in a memo and could debate the conversations in Executive Session. McNamara asked who has the authority to direct the city to negotiate with the EPA, Loukx said the Mayor but Council had the ability to direct via resolution, subject to veto. McNamara said that creates deja vu of when Peter Ujvagi was Council President and there were issues over the consent decree. McNamara thinks it is the decision of the Mayor and City Council and they need the advice of council, whether she was hired by the previous law director or not. McNamara and Loukx will work on this. Hicks-Hudson is at the point of still needing information, she asks her colleagues who have information to share it. As a lawyer the question is who is your client, if there are too many clients then there’s a possibility of a lack of clarity. Ludeman said on the request for estimates on the impact of the increase on 10 different businesses, Ford Weber will have the business addresses for the Administration tomorrow.
Accept WPCLF loan for Grit Facility at Bay View Wastewater Treatment Plant, $29,124,551 Passed by all present
Purchase Vacuum Truck for Water Reclamation for cleaning several CSO structures,$400,000 Sewer Replacement Fund Passed by all present
Steel thanked the administration for answering his request for the list of projects.
Contract with Palmer Energy for energy revenue/costs at Bay View WWTP,$40,000 Toledo Public Power Passed by all with the exception of Sarantou who abstained.
Accept contribution from TARTA for Jackson Blvd. Transit Center design study, $100,000 Passed by all present
Webb said she talked to some of those who had concerns, the sense of the Downtown community is this is needed, she said instead of First Reading as she had asked for previously she was fine with this moving forward at this meeting.
Resolution – Street Lighting – Walnut Ave. from Delaware Ave. to north dead end Adopted by all present
Amend Ord. 130-11 for proper accounting for gov’t affairs servs in Columbus,1 yr + 2, $60,000/yr General Fund Passed by all but Waniewski, Collins, Ludeman who voted no.
Steel said either by referral or a future committee hearing for an update on what we were getting for that money, the goals, expectations. He said perhaps an Intergovernmental Committee at some future date. Webb said she voted against the initial legislation but she feels she should give the administration the ability to fix the accounting code which is why she supported it.
Lease property for Fire & Rescue Special Operations Bureau, 3 years + opts, $79,200 for 3 yrs, Grant Passed by all present
Ludeman said he’d appreciate the address being included, Crothers did not have the address, Collins said the reason there is no address is because they would not want to make this address public given the planned usage.
Renew property insurance with FM Global, 1 year + 3 1-year options, $550,554 Risk Management Fund 1st Reading
Collins asked for First Reading, he referenced what was discussed at Agenda Review, he said the total increase over the lowest bidder this time was over $200,000 – there is a binder with the provider incorporates the 20% increase and a doubling of the deductible to $500,000. He also took issue with the reason of the increase being that council asked questions, we had two claims last year but we withdrew one. He’s not seen one report from FM Global giving recommendations, since there is a 30 day binder they can make the decision at the next Council meeting and the failure to plan should not create more spending. Steel said he is in tune with Collins statement that administrations go to administrator school where they learn to make everything an emergency to ram things down their throats to pass them. He sought clarification that we would retain coverage if they went at First Reading. They are bound until Council makes a determination one way or the other according to Mr. Green. Sarantou asked if there was a deadline to make a decision until the end of June. Green said the binder was until Council acted on it. Sarantou said “Am I correct that Chartis was contacted by the Hylant Group and Chartis response was they would only bid on this contract if they were guaranteed they would be the winning bid?” “That’s correct,” Green said. “That would seem a bit unethical on the part of a company,” Sarantou said. “Yeah,” Green said. “At least unethical, it doesn’t sound like a very proper business practice,” Sarantou said. He asked about a bid AIG, he was told that is Chartis. He asked if Hylant had exhausted every other option, AIG is the only company that would cover sewer in addition to FM Global there is not a big pool of insurers that cover sewers. Brown said discussion should be limited if this is now first reading. Collins asked for a written statement before they go into Agenda Review from Chartis, “I’m sure you didn’t talk to Chartis,” he said. “No,” Green said. “You didn’t have a conversation with their broker in Cleveland,” Collins said. “No,” said Green. Collins wants provided to Council by Tuesday of next week “a statement for our record that Chartis said that unless they were assured that they would receive the book business they would not be interested in submitting another proposal, I think that’s fair because we’re hearing what they’ve said, I want to hear from them, that’s what they said. I know Mr. Green did not have that conversation with their broker in Cleveland, nor with Mr. Wilson, their vice president,” Collins said. He wants whomever made that statement to him to provide a written statement to that effect. Crothers said Green would do his utmost to get that statement for them. “I would be frankly very surprised, as Councilman Sarantou indicates that their unwillingness to bid in this situation borders on at least unethical conduct, if I will not, at least anything akin to, I will not offer a bid unless you will guarantee me the business, so expecting a statement like that, Terry (Green) will do his utmost to get a statement like that or absent that, which I expect to be the case, you will not get a statement like that, perhaps we can bring some folks over here from Hylant, who will be able to testify to the statement made to them,” Crothers said. Martinez asked doesn’t it make more sense to have a hearing, especially if Hylant has to testify. Collins felt they could bring them in next week at Agenda, if they made the statement that they would only get the bid if they were guaranteed the book of business, that’s one thing. He thinks it will all flush out. He said they are paying their broker $37,000 a year for this, let him come in and give them the information they need next Tuesday. Martinez said he is trying to avoid an hour long conversation on this at Agenda Review.
Amend Ord. 191-11 for proper accounting NW Ohio Building Trades claim, $12,000 Risk Management Fund Passed by all present.
Accept Ohio High Intensity Drug Trafficking Area grant for Police overtime,equip./vehicles, $190,490 Passed by all present.
Contribution to Toledo-Lucas County Victim-Witness Assistance Program from Police, $40,000 Law Enforcement Trust FundPassed by all present
Contribution to Toledo-Lucas County Police Athletic League (PAL) from Police, $25,000 Law Enforcement Trust Fund Passed by all present
Contribution to Toledo Mud Hens for pre-game drug education for school-aged children, $9,500 Law Enforcement Trust Fund Passed by all present.
Absences: Craig 1
Waniewski 2 – Waniewski asked to be not excused for the first meeting (Economic Development June 1) He said those are always scheduled in the middle of the work day.
Sarantou said council is still waiting for the desk audits of the council aides that was never done by human resources because they said they did not have time to do it. He’s going to do his own research to see what the staffing levels are in those cities, Council eliminated three positions, they are also down to four aides instead of six aides.
Steel they rarely ask for reports on the investments and the expenditures made, thinking about CDBG funds and other funds, he wants to see council get a better handle on if they are truly getting a return on their investments. He’s seeking input from other members of council on that.
Waniewski thanked Elk Lodge 53 for inviting him out for Flag Day. By referral he wants an update on the requirements for tow lots, he wants to keep the business close to his vest, relating to the cost and how the signs are posted and can a company only take cash when a vehicle is towed.
Webb says Point Place Days are happening tonight, there is an outdoor concert, Saturday is the annual Mile for Mustard Seed which is a food bank and a lantern walk. The fireworks is the 25th at 10:00 p.m. put on by the Washington Local Fire Department. Webb is working with Waniewski for a joint bulk pick up at two locations. There was a meeting on Sylvania Road project it’s in two phases, she is telling people this is just a temporary patch the permanent replacement will take place in 2012. She encourages council to support the businesses on Sylvania Ave. She made a referral on the social media policy released by the City as to can members of Council visit Facebook and blogs while at the City on a City computer, she thinks that since she is an elected official the Administrative Policy does not refer to her but she wants to make sure. (Guess this means no more city workers can visit GCJ during the day.)
Collins referenced the bulk pick up for Districts 2 and 3 this weekend (info on front page of blog). He is still seeking clarification on the Municipal Clerks employees, are they a conciliation group or not, are they subject to fact finding or not. He said the Echoes of Poland was a fabulous event at Notre Dame, he encouraged members to attend.
Craig said in response to Steel on how we can get the best response a few years ago they looked at performance based budgeting, he thinks that would answer all of the questions. He’s looking forward to his constituents piling up the dumpsters.
Hicks-Hudson said she and Brown attended the graduation of Excel students, she said to often they only see the negativity and the bad behavior, this week was a week for the best and brightest. Hicks-Hudson wanted to know which contractors have actually done the kills and the length of time the contractors have been doing business with the city. On landbanking has their been any changes now that the County is landbanking. On grass cutting on city owned lots, what is the plan to address these properties that have grass that is four feet high.
Ludeman, today is Flag Day, he’s proud to fly his flag. He found it amusing that the discussions regarding Nancy Wheatley and taking advantage and the administration being concerned about the cost of her services yet there were several items on the agenda tonight that dealt with consulting fees. $137,500 alone tonight, with an issue as important as storm water he thinks $150 an hour is reasonable.
Brown, a bulk pick up in District 1 August 8, more information will be shared on that later, she’s trying to pick out a better name than Dump Day.