All members were present – Appointments were done first:
Downtown Parking Authority
Kenneth P. Wood -requires a residency waiver – reappointment
Michael Brinker – reappointment
George Yakumithis – reappointment
Stephen Herwat replacing John Sherburne
Toledo-Lucas County Port Authority
Brian Bucher –requires a residency waiver reappointment
All members present voted yes to confirm.
Resolution – Recognize Toledo Ticket Co. 100th anniversary – Webb and Sarantou
All members present voted yes for passage – the photo op/presentation ceremony took place with commentary from members of Council
They evidently went into executive session, then returned – part of the audio was missing for that.
Accept Factfinder’s Report for AFSCME Local 3411, approx. 74 Deputy Clerks at Municipal Court
McNamara said the City was seeking 0-0-2% for yearly raises and a 1.5% give back of the percentage paid for pension pick up, the fact finder ruled to keep the pension pick up as it is (Currently the employees pay 1.5% of their pension pick up and the City pays 8.5%) and to award the raises as 0-0-2% as the City sought – the bargaining unit was seeking 0-0-3.5% for yearly raises. McNamara said there were some concessions but the big ticket items were not reduced, he does not think we can afford this contract, while there is the risk of conciliation, he’s going to vote no.
Sarantou wanted to know the status of the pension pick up payments by the other bargaining units and raises.
AFSMCE – Local 7 and 2058 – pay 3% pension for the remainder of the year, Communication 3.5 balance of the year, Fire chiefs 3% – agreement reached with Local 92 3% with the money returned to them if issue 5 passed – Toledo Police Patrolmans four payrolls were at the full pension pick up paid by the employees then it returned, they are bargaining with Teamsters they currently pay 1.5%. Toledo Police Command filed a complaint before SERB, the members of that unit have paid the entire pension share. Several of the bargaining units will get a 3% raise in January, one a 2%.
The vote: McNamara, Sarantou, Waniewski, Brown, Collins, Craig, Martinez — No
Steel, Webb, Ashford, Copeland, Ludeman — Yes — Ordinance failed there was an ordinance presented to reject the fact finders report it takes 8 members, if they do not accept it with in 7 days it’s deemed accepted.
Immediate consideration then 8 members would have to vote to reject. Craig said he can see no reason to pass it out, the vote was 7 to 5 he doesn’t think they are going to get it 8 to 4 in the other direction. Brown said they should pass it out and vote.
Reject Factfinder’s Report for AFSCME Local 3411, approx. 74 Deputy Clerks at Municipal Court
Collins wanted to know how the unit was defined under SERB as a strike or a non-strike unit, he has a document from 1993 it defines this bargaining unit to be a non-strike unit which means it would go to conciliation, but the law doesn’t define this unit as a non-strike which would make conciliation not required. He wanted the Law Department to explain the ramifications of the vote to reject it, what would be the dispute mechanism.
Ellen Grachek says historically they are a non-strike unit but via law they are not, she said the Clerks office would file with SERB for a declaratory opinion, since it’s been regarded as a non-strike unit since 1994 and it’s been said it would be honored. It was said this would not be adversarial but an opinion as to what the status was. Collins said then we don’t know what the dispute mechanism is, they don’t know what would happen next if this is rejected. Collins said because the clerk believes they are non-strike and the bargaining unit believes it is a non-strike but SERB can say they are not a non-strike unit. Grachek said there was no agreement for the dispute process since they believed they were a non-strike unit. Since SERB can not hear this until August the time period for it to be automatically approved would pass. Collins said no matter what happens he wants a ruling as to the status of a strike unit or a non-strike unit. Grachek said she would have to remove herself from that discussion since she represented the clerk, Collins said they represent the taxpayer and he felt they had a right to know.
The discussion then continued with Collins feeling that no matter the outcome came the ruling from SERB should still be sought.
Something was stated off of the microphone – I don’t know who it was, then another member of the law department spoke who did not identify himself, he stated they arrived as licensed professionals under the code of ethics of their profession, we reached an impasse, we sense a conflict of interest so they will refrain from giving any further legal advice at this time, on this issue. They are more than happy to discuss it in confidence as they are allowed to do through attorney client privilege, but they are not going to discuss this further. Webb said imagine my dissatisfaction as a council member – Brown said she was out of order.
Collins said he shares Webb’s frustration, it’s a rudderless boat, they are asking for information required of them and while he respects attorney client privilege perhaps the Law department should provide them with private counsel. To have an agreement that’s not signed, no record of it being signed going back to 1993 when we all know a contract ends when a new one is ratified it’s inconsistent. They will be in a bargaining situation with this unit in the future.
The unidentified male lawyer said they would discuss this at a later time. McNamara said he’s not sure if this an issue, he’s spoken to both, both view the bargaining unit as a non-strike unit. He felt they can enter into this voluntarily. Webb said if SERB makes a determination that changes the rules of the game, she thinks they do need representation as far as communicating what their options are.
Even if though the original ordinance failed, it requires 8 votes to reject it. Webb said she feels uncomfortable without independent legal counsel. She suggested they delay this and call a special council meeting so they can get independent counsel. McNamara said they could not do that with the sunshine laws, they could recess this council meeting for 12 or 16 hours then meet tomorrow. Collins said to get an opinion from an attorney overnight is not going to help them since they really need the ruling from SERB and that won’t happen that quickly. Collins wanted to know how and when Grachek became informed they were a non-strike unit, she said they received the information yesterday to their surprise, then contacted SERB which would not be heard until August. Collins said the impression is that the administration was blind sided. Herwat said they found out about this late yesterday afternoon, knowing it would be a question, Herwat said the Law Department has one client the Clerk, while they are the Administration and Council’s lawyer but they can’t proceed without the Clerk. Collins said that means a firewall can’t be created, Herwat confirmed that.
Collins raised the issue of what would happen with the next bargaining unit in relation to the lack of concessions. He stressed the importance of having finality on this at least for future councils.
Copeland said if they both agree, “don’t that mean anything anymore, let’s turn these cameras off and let’s get this done.” Brown said, “I’d like to agree with you.”
Steel said the larger issue that there is a biblical law about not serving more than one master, and this happens in matter after matter.
Bell said this is about precedence, moving into the next set of negotiations, it’s about a whole lot of other things. Whether it’s with a union that can or can not strike they still need to figure out precedence, it’s more about are you comfortable where we are going with this fact finder decision. He said if they move forward with this, that we can not afford to pay we will be in the same position we were in earlier in the year and they’ll be saying why didn’t you negotiate in a different way. He’s not against the unions, its about how much we can afford to pay in the city, it’s going to be unpopular because we are adjusting to revenue being lower. If they dont’ make the appropriate adjustments now their hands could be tied with precedence. If you let it go then it sets the pattern and it’s one can we afford, council needs to be clear.
Webb asked for Brown’s decision on recessing to seek legal counsel, Brown said she was going to call for an immediate vote, there was then discussion on how Webb could challenge Brown’s decision procedurally.
Brown moved for immediate consideration:
All members present voted yes so then the ordinance was before Council to reject the fact finder, a vote yes means they are rejecting and it requires 8 votes.
Copeland needed clarification on what a yes or no vote meant. Webb made a motion to table until 5:30 p.m. July 21. Craig questioned the time aspect of this as to when the 7 day timeline expires which would mean they have until 11:59 July 21. Roll call – McNamara voted no – Sarantou needed it to be repeated, Sarantou, Steel, Ashford, Brown, Copeland, Craig, Ludeman voted no
Webb, Collins and Martinez voted yes – motion to table failed. Then on to vote on the ordinance to reject the fact finder’s report – McNamara, Sarantou, Waniewski, Brown, Martinez voted yes –
Steel, Webb, Ashford, Copeland, Collins, Craig, Ludeman voted no – ordinance failed which means the fact finders report goes into effect at 11:59 unless Webb can get council to not adjourn and have a motion to reconsider be presented at a later time.
Replace 6″ water service for Blarney Bull Pen at 35 N. Huron, rear of 601 Monroe, $63,650 2% Water This was supposed to be first reading but it was changed and voted on – all members present voted yes
Second Reading Items
Require Council Aides to complete Request for Reclassification/Re-evaluation form (Desk Audit) Tabled
Renew property insurance policy with FM Global through Hylant, 1 yr + 3, $470,600 Risk Mgmt. Fund
Collins said this issue had been discussed at length during Agenda Review, while he recognizes the arguments presented by the Law Department this contract would be $113,00 a year above the lowest bidder, he thinks it’s a slippery slope when we go out and get an RFP and then not go with the lower bidder as the Mayor said we need to look at our finances.
Ashford thought it was the City’s policy that they did not have to go with the lowest bidder but the best value. Herwat said the City in seeking professional services has recommended the City go with FM Global for a variety of reasons (covered previously).
Sarantou felt they should go with FM Global that it is more expensive but he thinks the risk if they go with the other company they too could raise our rates in the future if there are large claims, he thought the fact FM Global paid the older claim referenced in the past and the credit they give and they’ve covered us for 20 years. He basically felt the increased cost was worth it.
Vote called – McNamara, Sarantou, Steel, Waniewski, Ashford, Brown, Copeland, Craig, Ludeman, Martinez voted yes
Webb, Collins voted no
Resolution -Calling for Immigration Reform,Opposing Human Trafficking & Unscrupulous Employment Mayor needed to break the tie on the motion to relieve from committee – Bell voted to relieve.
Then on to the actual resolution was voted on: Ashford had a question and asked if the Arizona immigration law was being challenged right now, he was told yes, Ashford asked if new guidelines could come from the litigation, he was told yes. Collins said they had a very productive discussion, he tried to bring something together that would work, but the differences were not resolved, he finds these issues compelling as he is a product of immigration, the issue for him is the extended statement that goes to the State of Arizona and the Federal Goverment, it’s the stepping out of his position and not dealing with the State of Ohio, if this resolution was specific to Ohio he’d have a different opinion. That’s why he can’t support it.
McNamara said the resolve part is not that controversial, he wanted to put on the record what it stated (we’ve covered that here). What we are saying is this is a national problem and it deserves a national response and we have a trafficking issue here in Ohio when it comes to prostitution and immigrants. Martinez said he and Collins did have a spirited discussion and Collins could amend, Martinez said this has been a learning experience and he realizes the City has pressing issues. This was brought to them by the ACLU, FLOC, Jobs for Justice, this is not just a Latino issue, it affects all Americans. He wants their support because we want to call on Congress and the President to fix this, having a comprehensive immigration policy would fix some of the complaints made against illegal immigrants and they all took an oath to withhold the consitutiton.
Vote – McNamara, Steel, Webb, Copeland, Craig, Martinez voted yes – Ashford, Brown, Collins, Ludeman, Sarantou, Waniewski voted no – it was another tie – The Mayor said he needed five minutes – they moved on with the agenda – at the very end of the meeting, Bell said he had talked with members in our community and did not get the feeling that this was supported, he voted no – resolution failed.
Resolution – Cherry Street Legacy Plan as amendment to Toledo 20/20 Comprehensive Plan
Passed by all present
New Items from the Administration
Agreement with Workplace Resources for Employee Assistance Program(EAP),3 yrs+opt,$97,521 GF
Passed by all present
Levying assessments for Roadside Drainage Systems at 1839 Birdie and 5231 Jackman, $4,015 1st Reading
Expenditure to TMACOG for 2010 membership dues, $61,997 General Fund
Passed by all present
Amend 2009 contract with Mannik & Smith for engineering oversight for TWI proj,$235,000 Sewer Rpl
Passed by all present
Appropriation for 2010-2011 membership dues to AWWA for DPU, $10,865 Water Operating Fund
Passed by all present
Amend TMC to repeal Sec. 505.14 (vicious dogs) and enact new Ch. 1706 to address local dog issues To: PuSaf,Law&CJ
Ludeman wanted this legislation to be on the city website.
Accept CIP & 2% Utility Fds reimbursement from Penn National for casino at 1968 Miami, $1,038,613 1st Reading
Collins felt like this was like whack a mole where every time he turned around a new document came up. He raised concerns about the original development plan that there would be three zones that would be re-mediated; east, west and central. According to the EPA the central portion was never re-mediated even though it was paid for from the original grant, he wants this clarified with Penn National that should there be actions because we failed to do as required with the grant that we be held harmless. He doesn’t feel comfortable in signing off without any protection knowing we were not compliant. Herwat said they received assurances from the Ohio Department of Development that they met the terms of the grant. Collins read portions of the letter from January that he felt demonstrated we were not compliant and asked if Herwat had anything more recent than January. Herwat said it was their understanding they were in compliance and they had a covenant not to sue from the Ohio EPA. Collins then asked if there was a way they could accept the money with conditions if there was future litigation that Penn National would hold them harmless. Herwat said the State of Ohio does not own that, it’s part of the easement. Collins felt putting in the language in would protect us and he felt it would not place obstacles, Herwat said if council was not interested in having the money given back to the city they could vote that way. If they want to let Penn National to rip out the road and not credit any funding back, that’s their prerogative. Herwat said they have been told in writing that the City of Toledo is compliant with the terms of the grant. He re-stated they have a covenant to not sue from the EPA.
Copeland said he needed more information given what Council said and wanted to know if they held this two weeks. McNamara asked for clarification on holding this for two weeks would not hold up anything or delay the project, he said to hold it at first reading. Craig said why would we want a million dollars that’s not owed to us, for a project that’s going to go forward, why would we want to do that? Come on, this is a million dollars in the city coffers that is not owed to us. He feels embarrassed to say this out loud. Penn National gives this to us as a feel good resolution and he can’t believe they are arguing about this. A covenant not to sue, who’s going to sue us? The EPA said they were not going to sue, the Department of Development said we met the terms of the grant, he just can’t believe this and he calls for suspension.
Ashford said they should send a proactive business atmosphere, this is probably the biggest employer in Lucas County who wants to be open by Christmas of this year and they are telling a company that is going to hire 1,000 that we are going to hold this up, then when we read the paper that area businesses decide to pick everywhere but Toledo and we can’t figure out why they are not coming here? He said it was like pulling teeth to get a plan to try to attract AT&T here. He said there are residual businesses and they are going to get the message that Toledo Council is difficult to work with, he wants to vote on it tonight. Bell agreed with Craig and Ashford, here they have a company that is giving us money and we are sitting here trying to figure out if it’s right to take it and other cities would have taken it and moved on. He said Ashford is right, and we play around with someone who is giving money to us what message do we send not only state-wide but nationally. We talk about we want to bring people back to work, and we are trying to figure out there intent, trying to figure out if we are going to be sued, if we can’t do this when someone wants to give us money, we have problems, he wishes they were giving it to him, he wouldn’t take long to vote.
Ludeman said he was inspired by Craig’s comments. He said Ashford had some questions with the Blarney Bull Pen, they figured it out and voted on it.
McNamara said Penn National is not giving us anything, they are being repaid for infrastructure that is being ripped up and this is not going to delay the project. Copeland said he hopes no one is sitting there saying he doesn’t want the million dollars or the jobs, he wants the jobs, he asked for it to be held because he has questions and that is why he asked for a week.
Herwat said the road was not dedicated, it would not hold up the project but he was concerned about the message it sent to Penn National.
Slow roll call on suspension – McNamara said no – Sarantou needed the vote explained – no if you want to hold it – yes if you want it to pass tonight. Sarantou voted yes – Steel, Waniewski, Ashford, Brown, Craig, Ludeman, Martinez
Webb, Collins, Copeland voted no – nine votes were needed for suspension – it failed and will now be on the next Council agenda.
Accept 2008 HUD EDI grants for 2 credit unions & homes renovation in Roof/Envelope Prog,$245,000
Passed by all present except Martinez who abstained.
Agreement with AT&T for bundled service package for phone lines, 5 years
Passed by all present
Item Approved from Zoning & Planning Committee
Zone change at 3939 Woodley Rd. (Approved 5 – 0)
Passed by all present
Item Without Recommendation from Zoning & Planning Committee
(690-09) SUP for convenience store at 1256 Broadway (w/o Recommendation 5 – 0)
Amended by McNamara to note changes made in summary – some of the council votes were not audible – Sarantou, Steel, Waniewski, Ashford, Brown, Ludeman – Yes
McNamara, Martinez Collins – No — SUP passed
Items Disapproved from Zoning & Planning Committee
SUP for convenience store at 2938 Stickney Ave. (Plan Comm. Disapproved) (Z&P Disapproved 5 – 0)
Failed all members of voted no
SUP for gas station w/convenience store at 740 – 758 East Broadway (P.C. Disapp)(Z&P Disapp 4 – 1)
Failed McNamara, Brown, Ashford, Craig, Webb, Sarantou, Steel, Martinez voted no
Waniewski, Collins, Copeland, Ludeman voted yes
Vacate 126th St. at Edgewater Dr. (Plan Comm. Disapproved) (Z&P Disapproved 5 – 0)
Failed all members of council voted no
They then covered the tie vote (updated that section above)
First Call –
Waniewski had some referrals – he said the Polish flag is flying upside down at one of the parks, and he wanted update on some projects and a reminder on July 27 the Ohio Department of Transportation and he are holding a meeting at Sanger to discuss the 475 project.
Webb said with respect to the fact finding she voted not to reject the fact finders report because she felt accepting the fact finders report by not rejecting it was the prudent decision. The vote to vacate Edgewater was to keep access to the water. There is another meeting this Monday on the FEMA flood process and to decertify the dike, she urged all at large council members to attend this meeting.
Ashford said wanted to thank his colleagues for their support on his previous position that Council needs it’s own legal representation. This is a concept they need to think about again, it’s not to challenge the law department it is to give them an objective view. He wanted to go on record on voting against the immigration resolution, since it’s in federal court we should give it time to see what happens there.
Brown said she thinks too much as been said already – meeting adjourned.