Glass City Jungle

Council persons Webb & Copeland were absent from today’s Agenda Review – notes on what was discussed today:

Accept Byrne grant for Kiosk Reporting for Probation Dept. of Toledo Municipal Court, $45,302

The Probation Department has been given a grant so they can use a kiosk electronic system for low level offenders to check into probation. The system would work in conjunction with Lucas County, Maumee and Oregon probation department. It will free up probation department staff. The dollar amount of the grant stated is different than what is stated in the legislation 60,402.23 was what the representative from the courts stated the grant was for, 15,100.57 is the matching fund that would be taken from probation fees. Which when you do the math they’ve subtracted the amount needed for the matching funds from the grant. SEP was requested and given by Collins.

Authorize April – Sept. banner program for ACGT Artzone District(Summit, Jackson, Huron, Swan Crk)

What’s important to know about this from the legislation:

Arts Commission of Greater Toledo agrees to assume financial responsibility for all components of the banner program which it has solely undertaken or which if undertaken by others, it has expressly authorized in writing, and shall save the City and the Company harmless from any liability arising from the program.

Waniewski asked what would happen if the City didn’t approve the legislation, it was stated the group was not aware they needed a permit which is why the banners were printed before coming to Council. Sarantou asked for clarification that the funding came from the 1% for the Arts program. That was confirmed. SEP was given by Ashford.

Amend Dockmaster Agreement with Brenner Marine for Skyway Marina, 2010-2012, Budget $124,000

Brad Peoples said Council approved this in 2008, Collins wanted to know what they paid for running the facility in 2009 – Peoples did not have the exact number but thought it was a little over $50,000. Collins then wanted to know the net profit, Peoples could not answer that question. Collins said Neighborhoods handled it last year, he wanted by referral what the net receipts were for 2009 to include dock fees, sales of goods and merchandise. He said if we are spending $68,000 and only bringing in $20,000 they need to re-evaluate their business practices.

Peoples said the income would be from transient and they want to attract more boaters to Toledo for a purpose. Collins said falling back to what Steel focused on last week, we’re giving a blank check. He thinks our current financial picture reflects they should do things differently.

Steel agreed with Collins, they need to make sure that Council exercises proper oversight. He thinks promoting the river as a resource that they neglect at their peril, back when Party in the Park was at it’s heyday you had to make reservations to dock boats and boaters anchored in the river and swam in. This ties into the activities of the facilities like the armory, how those are being under utilized. If there are dust or smell issues at the Water Reclamation plant that is a factor in people not using water recreation. Waniewski asked where the Glass City Marina was and where the Skyway one was, they are one and the same. It was renamed.

There is no contractual arrangement with Brenner, the one previously before Council was not passed, and they are relying on the RFP from back then and did not seek a new one. Waniewski asked what about the previous person who was managing it? Peoples stated they were looking at Brenner because of the past RFP. It was stated no one is doing the job now and Waniewski pointed out that the trash there is not being picked up, that the trash cans were “wrapped.”

Sarantou asked about the docks at Promenade and the Docks, Peoples did not have much information on that, Sarantou made a referral as to what the business plan was and what type of revenue could be expected. Sarantou also asked if the person who did it last year was not asked to do it again, Peoples again said that they were relying on the 2008 Council action that was not taken. It was pointed out that $124,000.00 annually which was quite a bit more than the past.

Martinez said they are going to revert back to a two year old RFP rather than getting a new one? People said they are into the boating season and have no one to do it. Martinez said that seems to be a recurring theme for them. He wanted to know how much this contract was going to cost us. He wanted to know what it was going to cost to get this up and running. Peoples did not know.

Ludeman requested from Herwat that they have the trash picked up at the Marina. Herwat said he sent a message on his Blackberry to have that done. Ludeman said it is a very unusual circumstance to have a contract that’s not executed later acted on. Ludeman requested a hearing on this and he knows the boating season is upon us, but he wants to do it at one or two a clock a week from today. He also requested all council members get their referrals in ASAP. He said he knew there were people in the audience that wanted to comment on this, including the operator from last year.

Waniewski wanted to know why the City hasn’t just sold the docks to Brenner. Craig said there are 20 dock spaces that have to remain as transient docks because the marina services building is port property. He said there is a strange arrangement there, so it’s not as straightforward as one would think. Waniewski said that is a different answer than he got last year, where he was told because it doesn’t make money.

Ashford said most of his questions have been asked, but he wanted the name of the contractor from the past two years. Steel wanted in addition to projections but the basis of the projections since the projections for last year were way off. He also wanted the long and short term marketing plan, any events, contacts with boating clubs, etc. He wants an overall short term and long term event planning for this.

Collins said he hoped the City of Toledo was not going to a business plan for this, he felt that should be the role of the person running the marina, they walked down that path with the Marina District. He suggests looking at the funding sources and what are the parameters as far as what we can and can not do in terms of other government obligations. Collins said we only lost our shirt and not our whole wardrobe last year since they didn’t pay the amount of the contract to Brenner.

Martinez asked what the time line would be to do a new RFP, Loukx said if everyone gave it their full attention probably four weeks though he was certain it would take longer than that.

Resolution – Application to Ohio EPA for grant for green infrastructure technologies at downtown TSA

The partner would be Toledo School for the Arts for things like a Green Roof and rain gardens, he wanted SEP since the grant application is due. Waniewski wanted to know why the TSA, Tim Murphy said TSA approached them, they will provide the 20% matching fund, they are trying to green their facility and they see it as a learning opportunity as well as a demonstration for other Downtown businesses to look at. SEP was given by Waniewski.

Authorize sub grant to UT Foundation for petroleum remediation of 1210 N. Byrne Rd,$130,000 Grants

This is a brownfield fund grant, the former Wonder Bread property. Waniewski asked the balance of the brownfield revolving 1.5 million to Southwyck, additional $500,000 has to be used on petroleum sites, the first two are Fernwood and Accerlant Automotive through UT, this is the third and would use up the additional funding. Murphy said if they don’t use the money by Sept. they could lose it back to the EPA. They received a new grant, but they want to do this one first. SEP was recommended by Waniewski.

Resolution – Declaring necessity for roadside drainage systems at 1856 Raynor and 4128 Graceway No discussion – SEP by Ashford.

Administration said these would be assessments against the property owners.

Accept WPCLF/OPWC loans/grant for Ash-Columbus(Jamie Farr Park)Storage Pipeline, $15,879,100 – SEP by Ashford.

Water Pollution Control Fund and OPWC which is tunnel storage for sewage along the water front along Ash and Columbus Streets.

Ludeman wanted to know if all of the dirt is still piled down there by the river. Crothers said there was a huge amount of dirt, it was stated that had been spread and they are using that area for composting. It’s no longer a ball diamond. Ludeman wanted a map as far as how that project would be located, this is adjacent to the park.

Expenditure to Ohio EPA for 2010 annual fees for Water Reclamation WWTP, $88,000 Sewer Op. Fd

Fees for licenses for 2010 with a contingency for 2010 since they don’t know much fuel or water they are going to use. Steel asked if the license fee is based on how much they process. It was stated yes, they are charged on the pounds of contaniment that put into the environment.

Resolution – Street Lighting – Alley from Cambridge Ave. to Arcadia Ave. – SEP by Ashford

One light that would be part of the assessed services

Resolution – Street Lighting – Roosevelt from Oakwood to Zenda & Zenda from Roosevelt to Fairlawn SEP by Ashford

Four lights part of the assessed services

Contract with Interstate Gas Supply (IGS) for natural gas for aggregation program, 22 months SEP by Collins

They have been with this contractor since 2003. Lucas County, Sylvania, Maumee are also doing this.

Agreements with Shumaker,Loop & Kendrick and Limno-Tech for NPDES permit for WWTP,$150,000 SEP by Collins

Every four years or so the EPA requires the City get a permit for Water reclamation, the city has used outside expert to do this, a draft permit was just
granted. Part of the permit conflicts with the consent decree, this is a very serious issue, they want to use the firms that helped them obtain the last permit, the dollar amount includes if they have to officially appeal it. Steel wanted the cost the last time – she did not know – Steel wanted that by way of referral. He wanted to know where Limno-Tech was and what they do – he was told they are a scientific firm thought highly of in the EPA, they’ve used them in the past to help the city support their reasoning for wanting certain things in their permit. The firm is located in Ann Arbor, Steel asked if this has ever gone for RFP, it was stated no because they are the best in the field. This time they are going up some really ugly things in the permit, the EPA told the City that they are going to put limits on the blending and limits on the plant so that creates a double jeopardy, they need all the manpower and the expertise they can get on this one, according to the City.

Steel wanted to know how they were the best, it was stated it was because of their prominence in this arena. Crothers said that he was certain the previous administration looked at other firms before making the decision. It was stated they only have 30 days, they requested a 90 day extension it was denied. They want Limno-Tech because they know the plant and they know their stuff, the administration does not feel this can be bid out to anyone because of the time. Steel said so the inability of Council to ask questions is because this was brought to Council at the 11th hour. He would hope in a longer time frame that they would investigate local firms. If they know this is coming there should be long range planning. Crothers said they would always prefer to use local firms but sometimes things are dictated by needs such as expertise and that SLK is a local firm. Craig wanted to know what the financial impact would be if they did not respond in 30 days. It was stated if you don’t reply in 30 days the permit as written is the granted, Craig wanted to know how much that would cost, if internal limits were lowered they could be fined for things within the plant and the outfall. Craig said so if we had heavy rainfalls and we processed too much waste we would be charged for violating internal limits and external limits, the fines are $25,000 a day 7 day minimum per element.

$500,000 emergency ordinance for repairs to the sewer on Douglas – not in packet it was walked on SEP by Ashford.

There were three repairs that have had to have been done, they could not televise three parts because the line was completely blocked. There has been a cave in because the sewers are blocked/broken and is seeping into the ground. They wanted to do the standard bid process but it’s an emergency so they need to have the bid process waived. They want to solicit the bids and get the work started in May.

Collins said they don’t know what the circumstances is as far as what the blocks are? It was stated the lines are disintegrating, it is tile wrapped in concrete and the joints are failing. It was stated there are voids at some of the joints because they cleaned out the system. Collins said is it possible something was introduced into the system and came into a stop point and then everything going backwards is compromised as a result? It was stated the sewer system blocks daily, it is a symptom rather than a cause, it’s old, because they have spent so much on the consent decree they have not done the repair work needed.

Waniewski wanted the time table as far as what will be closed and for how long. It was stated it would be about two months of work when it is started, the sewer closer to Laskey was just televised and they are going to see what can be repaired or replaced, the laterals going to the homes also need to be replaced. They are going to see if they can extend work into the weekends as far as quotes though they know that would cost more, with Secor under construction and Jackman scheduled, they would have preferred to wait but it’s too urgent. They have been able to keep one lane open in each direction but with the laterals there will be traffic disrupted. Martinez wanted to know how many residents have been impacted and the liability aspect. In trying to clean the line, they created some fountains in some of the toilets of homes, whether there is legal liability that’s the law department issue, normally the city is immune. Douglas is open now, but that could change at any moment. They are trying to keep it together and open. Martinez wanted a referral from the law department on the City’s liability. Steel wanted more detail as far as the time line, have they already started taking bids, they have not solicited bids yet, over the next few weeks they will put together the bid criteria, they need to develop the scope, they will increase the size of the sewer in most if not all then the cost of the laterals. In four weeks they’ll have a decision who they will use and then walk it quickly through the administration. She’s working with George Robinson and he has dialog with the MBE community to try to get them involved. They may wait until after Memorial day and starting right in June.

Accept Weed & Seed Grant for ONYX for overtime and equipment, $30,000 SEP by Collins

The US Department of Justice gave them a grant, there is a little over a thousand dollars match, they will use the supervisor’s salaries for that. They will use it for overtime and equipment.

Accept State grant for Police for violent crime and gang crime enforcement, $10,000 SEP by Collins

There is no match required for this grant.

Purchase 4 Chevrolet Tahoe vehicles for Police, $143,000 Police escrow unclaimed funds – First reading

They used this money last year to buy used vehicles from Sylvania, the size of the vehicle is needed to do rapid deploy of equipment to crime scenes. Steel wanted to know if these are replacement vehicles. Right now they have one SUV and the watch commanders are in older Jeeps, this is to replace vehicles for the watch commanders and have a new vehicle for SWAT directed control. It was not known why it was Tahoe. These are the same vehicles that fire bought recently. Sarantou said citizens ask is why do we need to use huge SUV’s with only one driver, he wanted to know the rationale. Eggert said they are not used by officers there are transportation issues such as equipment that is not normally transported in the regular vehicle. She has the same concerns as to gas prices but incase of a snow emergency etc., 4 wheel drive is needed. It’s a state contract deal she believes it is through Dave White. Herwat said the fire department Tahoe’s were from Dave White. Martinez wanted to know if the city budgeted for maintenance. Herwat said with new vehicles the maintenance costs go down and they do come with a warranty.

Steel wanted to know why not a truck made locally, he was told they reviewed several vehicles and the storage aspect. This was the largest cargo space, she said riot gear as an example takes up quite a bit of space. It seems to him they should be spending money on local made products.

Collins wanted to know how much is left in the unclaimed funds. It was stated around $160,000 they would be depleting it. Collins asked how long it took them to collect that money. It was stated quite some time. Collins said we have a fire department that have all that stuff and these are going to be used for watch commander vehicles for every day. There have been complaints about the Jeeps that they did not have enough room. Collins wanted to know isn’t SIU supposed to handle the crime scene aspect of it? Collins said do we want them because we want them or do we want them because we need them. Collins said he realizes she’s here carrying the message, but he wants a real needs assessment at the next Agenda Review. Steel also wanted in writing why they are rejecting vehicles made here in this region.

Expenditure to Lucas County Prosecutor’s Office for intern for Cold Case Program, $12,500 LETF

Funding from the Law Enforcement Trust Fund. An intern would be used to review case files without overtime to be able to refer to law enforcement.

Collins said these are felony crimes that fall under the jurisdiction of the County, this is something that the County should be doing, the County is obligated to give the evidence and we give personnel to the County. He does not believe this from our trust fund is necessary, the County should take care of this. He requested the Administration take this back, Herwat declined. Eggert says this was of benefit to her since she would not have to find a funding for it. The prosecutor is doing this at her request. She could find out how much of that is Lucas County versus Toledo. Collins wanted this referred to Public Safety and Criminal. Waniewski asked if the program is jeopardized if we don’t have an intern? She said it would be decreased, they did more cases in the past because they had more funding, she believes they would do some but it would be limited with only on duty personnel. The intern was a part of the program but they had other grants that paid for the intern and the overtime for the police officers. Martinez wanted to know how long they are interns, she was not part of that process, she does know the intern has been doing this for a while and this is not her full time position they do have an unpaid internship if Martinez has people that want to volunteer.

Expenditure to Toledo Mud Hens for pre-game clinic for drug education program, $9,500 LETF First Reading by Collins

From the Law Enforcement Trust Fund, there’s a pre-game clinic and then the kids get to go a game, they (Mud Hens) asked them to contribute and they have in the past. Sarnatou wanted to know how many school aged children? She did not know, she estimated several hundred. He asked for a referral. Steel wanted to know the percentage of the total costs as far as how much is the City donating. She did not know but would contact the Mud Hens, and he wanted to know if all of the children were from Toledo. Collins also wanted to know what the balance of the trust fund was and wanted a background on where the funding came from as well as what the money can be spent on.

Item Approved from Public Safety, Law & Criminal Justice Committee
Resolution – Object to renewal of liquor permit at Knight Cap Inn, 3302 Buckeye St.
Item Without Recommendation from Public Safety, Law & Criminal Justice Committee
Resolution – Object to renewal of liquor permit at Big Shotz, 931 W. Central Ave.

Both had to be SEP because if action was taken it has to be done before May 1 since it is before Columbus.

Items Approved from Zoning & Planning Committee
Zone change at 35 S. Erie St. (Plan Commission Disapproved) (Z & P Approved 6 – 0) Drive through coffee shop behind Grumpy’s would take 9 votes to override Plan Commission. Ashford said the Plan Commission disapproved because of the drive aspect in a historic district.
Toledo 20/20 Land Use Plan Update for South Side Neighborhood (Approved 6 – 0)
Toledo 20/20 Land Use Plan Update for Deveaux Neighborhood (Approved 6 – 0)
Vacate 16′ alley in Russwinkel Addition for Sunoco (Approved March Z & P 5 – 0)

Items Disapproved from Zoning & Planning Committee
Zone change at 2260 Upton Ave. (Disapproved 6 – 0) Rooming house application, Preferred Properties from across the street asked they not approve it. Brown said this would be transient people and the guy already started renting rooms since he didn’t know he had to have a permit so she’s against it.
Appeal of Plan Commission decision for demolition of United Way Building (Disapproved 6 – 0)

Second reading items:
Amend TMC Ch. 2121 (Local 20),declaring exigent circumstances,pension p/up & healthcare premium

Herwat said they are still meeting with Teamsters.

Encroachment in right-of-way along Wilshire at Glanzman for 11′ x 66′ patio for Mi Hacienda Restaurnt

Neighbors meeting with Owner on Thursday according to Collins.

New Items from Council:

Amend TMC Sec. 373.07 regarding riding bicycles on the right side of a roadway

Steel said he’s been meeting with bicyclists to look at the TMC on bikes, it is in the Ohio Revised Code so they just want to include clarification there.

Sarantou said HR, IT and Finance will not meet this week, the administration is not prepared to present the expense side of the meeting.

Martinez reminded everyone about the hearing tomorrow morning for CDBG.

Waniewski had a bicycle ordinance issue, he said he views it as not needed since the ORC is clear. This was added as a clarification for law enforcement so it means riding to the far right as possible does not always mean the white line. Herwat said they update for a financial reason, if they cite under the State it goes to the State, if they cite under Municipal Code a fine goes to the City.