MAUMEE CITY COUNCIL
January 7 and 22, 2019
MINUTES

7:30 p.m. Monday, January 7, 2019

COMMITTEE OF THE WHOLE

MINUTES

Monday, January 7, 2019 at 7:00 p.m.

 

Mr. Buehrer voiced his concern relative to the roll call tonight, which he thought was to be alphabetical except when there is an organizational meeting.

Discussion was held. 

Mr. BUEHRER moved to follow the alphabetical order as established by the last regular scheduled meeting, with Mr. Kissinger first this evening.

Mr. Kissinger requested a point of order asking if this is a suspension of Council Rule that relates to the roll call.

The Law Director responded that it was more of an interpretation of the rule.

Mr. Boellner called the question saying there were more pressing matters to deal with this evening.

Roll call:  All members present voting yea, the Chair declared the motion carried.

 

President Pauken stated that the next item for discussion related to items on the agenda and the deadline for turning in letters.

The Law Director stated that Council Rules were amended by Ordinance No. 252-2018 to reflect that items for the agenda should be turned in by 3:30 the Tuesday before Staff meetings.

Mr. PAUKEN moved to amend Ordinance No. 252-2018 to read “Reports and communications from the Mayor and other City officials having been filed with the Clerk no later than 3:30 p.m. on the Tuesday proceeding the meeting for the purpose of discussion of said items at the Staff meeting prior to placement on the agenda of the next regularly scheduled Council meeting.  For purposes of this section, all letters dated on the date the Staff meeting occurs will be allowed on the agenda for the next regularly scheduled Council meeting.”

Mr. Kissinger requested a copy of this in writing.

The Law Director clarified that this would be amending Paragraph 17, under Order of Business, Subsection C.

Mr. Kissinger requested a point of order stating that since this is an ordinance passed by Council, and we are in a Committee of the Whole meeting, would this be a recommendation that would come out of this Committee of the Whole, which would then be confirmed or denied in the meeting following.

The Law Director responded that this was correct.

Discussion followed.

Mr. Boellner asked Mr. Pauken to withdraw his motion.

Mr. PAUKEN moved to withdraw his motion.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Mr. BOELLNER moved to suspend the Rules of Council, Paragraph 17, Subsection C, for tonight to allow the current items to remain on the agenda as they were written.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

President Pauken stated that Mr. Buehrer will need to abstain on Item D regarding the appointment to the Municipal Planning Commission.  He added that Mayor Carr will also need to abstain, so the letter recommending the appointment will need to come from him as Acting Mayor.

 

President Pauken asked if there were any questions relative to items on the agenda.

 

President Pauken stated that Item B is removed from the agenda tonight.

Discussion took place as to why it was removed, at what time and by whose authorization; since most Council members were unaware this was to occur.

Lengthy discussion followed.

 

Mr. Boellner stated that he would be making two motions during Communications at the regular Council meeting.  The first is to send the first investigation report to the Ethics Commission and also to the State Auditor’s Office.

 

Discussion followed as to whether or not the Administrator would be at work tomorrow morning.

President Pauken responded “No,” that the Administrator would be on paid administrative leave until the investigation is completed.

 

There being no further business to discuss, the meeting adjourned at 7:33 p.m.

 

MAUMEE CITY COUNCIL

MINUTES

Monday, January 7, 2019 at 7:30 p.m.

 

The Council of the City of Maumee, Ohio, met on the above date with the following members present: John Boellner, Brent Buehrer, Tracey Elmore, Dave Kissinger, Scott Noonan, Timothy Pauken and Thomas Wagener, Jr. (7).

Mayor Richard Carr presiding.

 

Mr. PAUKEN moved to approve the minutes of the December 17, 2018 regular meeting and the December 28, 2018 special meeting and approve the Minutes Journal.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

A letter from the Finance Director requesting Then & Now relative to legal services for Squire Patton Boggs was read.

The Mayor read a statement explaining the situation and request for payment.

The Law Director explained the reasons for removing the emergency measure from Ordinance No. 173-2018 as well as the overall bill presented for payment and the alleged discrepancies therein.

Mr. BOELLNER moved to order emergency legislation to approve the “Then & Now” purchase from Squire Patton Boggs in the amount of $90,267.00 relative to legal services and to authorize additional appropriations in the amount of $40,267.00. 

Mr. Kissinger stated that he believed that President Pauken’s motion needs to precede items A-D.

Mr. PAUKEN moved to suspend the Rules as it pertains to Ordinance No. 252-2018, under Section 17(C).  Roll call:  All members present voting yea, the Chair declared the motion carried.

Mr. Kissinger asked what relationship this has with the general engagement letter dated October 16, 2014 with Squire Patton Boggs.

The Law Director responded that the City has a general letter of engagement with Squire Patton Boggs and they wanted language included in the ordinance so they would be able to reference that they were previously engaged for purposes of work performed prior to August 6, 2018.

Mr. Kissinger stated that just to be clear, the City has a contract with Squire Patton Boggs that pre-dated the August 6th date which would authorize and allow for services to be rendered.

The Law Director responded that this was correct.

Mr. Kissinger read a portion of the letter included in the ordinance.

Mr. Buehrer stated that although he voted against the original ordinance for Squire Patton Boggs due to the fact that all information was not originally provided to Council due to a statement by the Administrator, which did not allow Council to adjourn to an executive session, tonight he would be in support of paying their bill.

Mrs. Elmore stated that with regards to the email received by the Law Director from Collin Jennings, he stated that “John was told that this would be an initial authorization of funds and that more funds would be authorized by Council at a later time as necessary.”  She stated that going into it, they were promised additional funds but yet that information was never given to Council.

Discussion was held.

Roll call on Mr. Boellner’s motion to approve:  Boellner, Buehrer, Kissinger and Wagener (4) voting yea; Elmore, Noonan and Pauken (3) voting nay; the Chair declared the motion carried by a vote of 4-3.


A letter from the Mayor appointing members to the various Boards and Commissions was read.

Mr. WAGENER moved to confirm the appointments to various Boards and Commissions as requested.   Roll call:  All members present voting yea, the Chair declared the motion carried.

 

A letter from the Acting Mayor requesting confirmation of his appointment of Dan Calverley to the Municipal Planning Commission for a 6-year term ending December 31, 2024 was read.  It was noted that Mayor Carr has a conflict and was unable to make this appointment.

Mrs. ELMORE moved to allow Mr. Buehrer to abstain due to a conflict of interest.  Roll call:  All members present voting yea, the Chair declared the motion carried.

Mrs. ELMORE moved to confirm the appointment of Dan Calverley to the Municipal Planning Commission for a 6-year term ending December 31, 2024.  Roll call:  Boellner, Elmore, Kissinger, Noonan, Pauken and Wagener (6) voting yea; Buehrer (1) abstaining; the Chair declared the motion carried by a vote of 6-0.

 

A letter from the Fire Chief requesting authorization of an agreement for support and repair of Mobile Data Equipment for the Fire Division was read.  He stated that the new maintenance agreement will cover support and repair of their mobiles, portables, repeater and control stations.

Mr. NOONAN moved to order emergency legislation approving an agreement with P&R Communications Services, Inc. in an amount not to exceed $4,628.64 relative to Mobile Data Equipment maintenance for the Fire Division.   Roll call:  All members present voting yea, the Chair declared the motion carried.

 

A letter from the Interim Police Chief requesting authorization of an agreement for radio equipment maintenance for the Police Division was read.  He stated that the new maintenance agreement will cover portables, mobiles and control station radios for the Police Division.

Mr. KISSINGER moved to order emergency legislation approving an agreement with P&R Communications Services, Inc. in an amount not to exceed $3,600.00 relative to equipment maintenance for the Police Division.   Roll call:  All members present voting yea, the Chair declared the motion carried.

 

A letter from the Municipal Court Clerk requesting approval of an annual agreement for maintenance and support of the Court’s audio/visual system was read.  She stated that the cost will be assessed to the Court Special Projects Fund.

Mr. BUEHRER moved to order emergency legislation approving an agreement with Jefferson Audio Video Systems in the amount of $4,270 relative to annual maintenance agreement for the Court.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

President Pauken stated that the Committee of the Whole met and went over some procedural matters including order of roll call and the inclusion of Items A-D on the agenda; reviewed items on the agenda including the removal of Item B relative to the termination of the Administrator; explained the need for Mr. Buehrer and the Mayor to abstain on Item D.

 

Mr. Buehrer stated he would have a Finance Committee report relative to OhioCheckbook.com at the next Council meeting.

 

Kim Barboza, 321 E. John Street, spoke in favor of the Compliance Review study and against the attempt by the Mayor and certain Council members to terminate the Administrator for his involvement with the study.

 

Tom Sullivan, 310 Conant Street, spoke in favor of the Administrator and his efforts for the City of Maumee.

 

Gabriel Barrow, 716 Inwood Place, spoke in favor of an investigation to clear Mr. Jezak.

 

Brad Reynolds 2308 State Blvd., spoke about his feelings on the report.


The Administrator stated he had a statement he would like to read.

The Mayor stated that he felt this was not appropriate at this time.

Mr. Kissinger asked for a point of order stating that he would like to offer an opportunity for the Administrator to read his statement as he is present and is on the agenda.

Lengthy discussion followed.  The Administrator was not allowed to read his statement at this time.

 

The Finance Director stated that she feels the accusations by the Administrator are false and upsetting. 

The Finance Director then wanted to bring Council’s attention to the Appropriation and Transfer of Funds stating that the amount will change in Section 2 for the Squire Patton Boggs appropriation. 

 

Mr. BOELLNER moved to appropriate $90,267.00 to Squire Patton Boggs. 

Discussion was held.

The Mayor stated that the correct amount for Mr. Boellner’s motion should be $50,000.

Mr. Kissinger asked for point of order asking if Council is allowed to appropriate funds in this year for last year.

The Law Director explained that the final meeting on December 28th was to make final appropriations for 2018 and then appropriate a temporary budget for this year for certain things that are routine.

Mr. BOELLNER moved to appropriate $50,000 to Squire Patton Boggs.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

The Law Director stated that Mr. Wagener would be making the motion mentioned during Committee of the Whole regarding the original legislation to Squire Patton Boggs declaring it an emergency, which was incorrect.

 

The Mayor spoke about the request to send the Compliance Review report to the Ethics Commission and the State Auditor, stating that he felt this was a waste of time and money, and was basically wrong.

 

Mr. KISSINGER moved to provide the Administrator the opportunity to speak and provide a statement to the public.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

The Administrator read a statement with regard to the allegations against him.

Arguments ensued between Mr. Kissinger and the Mayor regarding who had the floor.

Mr. Kissinger called point of order.

The Law Director intervened stating that Mr. Kissinger had the floor.

Mr. Kissinger read a letter from Mr. Walz, Executive Chairman and CEO of F. J. Westcott, in support of the Administrator.

The Mayor attempted to respond to the Administrator’s statements.

Mr. Boellner called for point of order stating that the Mayor had his time to speak.

 

Mr. Noonan thanked the public who chose to speak tonight.  He encouraged anyone else who did not speak publicly to call him at any time to voice their opinions.

 

Mr. PAUKEN moved to amend Ordinance No. 252-2018 to read “Reports and Communications from the Mayor, Clerk and other City officials having been filed with the Clerk no later than 3:30 p.m. on Tuesday preceding the meeting for purpose of discussion of said items at Staff meetings prior to placement on the agenda for the next regularly scheduled Council meeting.  For purposes of this section, all letters dated on the date the Staff meeting occurs will be allowed on the agenda for the next regularly scheduled Council meeting.”  Roll call:  All members present voting yea, the Chair declared the motion carried.


Mr. WAGENER moved to amend Ordinance No. 173-2018 to correct and remove reference to said ordinance being an emergency.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

Mr. Boellner reminded everyone that regarding the expenditure of the $90,000, that the last time there was an inquiry about a Mayor’s misconduct of accepting a personal loan not involving any public funds, it cost the City almost $400,000.

 

Mr. BOELLNER moved to authorize the Law Director to file complaints with the Ohio Auditor of State’s Public Integrity Assurance team:  1) matters of the Employers’ Association contract with the City of Maumee for investigation recovery of public funds; and 2) matter of City expenditures on the property commonly known as the East Mews parking area for investigation of public funds.

Mr. Buehrer asked whether he was allowed to vote on this matter, and what exactly is being submitted because based on this complaint, which is riddled with lies, that he would have a problem with it.

Mr. Boellner responded that he is sure they will be able to determine if it is “riddled with lies.”

The Law Director interceded and stated that she could prepare the referral of these two matters and provide that to a specific committee before it is actually sent, if Council agreed.

Mr. Boellner responded that, no, his motion is to send it.

Discussion continued on what exactly would be sent.

 

Mrs. Elmore read a statement about her personal feelings on the motion to refer the two items to the Ohio Auditor of State Public Integrity Assurance team.

Roll call:  Boellner, Kissinger, Noonan and Wagener (4) voting yea; Elmore and Pauken (2) voting nay; Buehrer abstaining; the Chair declared the motion carried by a vote of 4-2.

 

Mr. BOELLNER moved to allow the City Law Director to file the following complaints with the Ohio Ethics Commission:  1) Matter of conflict of interest of Mayor Richard Carr and Councilman Brent Buehrer relative to the development of the City’s 200 block of Conant Street and Mayor Carr’s conflict and potential violation of Ohio Rules of Professional Conduct including Rule 1.11, Special Conflict of Interest for former or current government officers and employees; and Rule 8.4 Misconduct; and 2) the matter of the Law Director and discharge of her duties by Mayor Carr and Councilman Buehrer in drafting of Councilman’s Buehrer’s conflict of interest regarding the matter of the City’s Conant Street property.

Discussion was held with regard to the motion.

Roll call:  Boellner, Kissinger, Noonan and Wagener (4) voting yea; Elmore and Pauken (2) voting nay; Buehrer abstaining; the Chair declared the motion carried by a vote of 4-2.

 

Mr. Buehrer asked if he was allowed to comment on this complaint.

The Law Director responded that she would recommend that he avoid talking about the possible conflict of interest, but that he was free to comment on the complaint.

Mr. Buehrer then stated “If you haven’t read it, read it.  It will make you sick to your stomach.”

 

Mrs. Elmore stated that she thinks people are getting lost in all of this.  She thanked the Administrator for all he has done for the City and the help he has provided Council over the years.  She added that this is not a personal attack on him, but that he seems to be stuck on the issue of conflict of interest.  She then brought up a matter with regard to a traffic violation back in 2000 when the Administrator sought counsel with an attorney who had ties with certain committees the Administrator served on and should have been considered a conflict of interest. 

 

The Administrator attempted to speak in his own defense but was called out of order by the Mayor.


Legislation was considered at this time.

 

RESOLUTION NO.                001 – 2019                                        AUTHORIZING THE MUNICIPAL CLERK TO EXPEND FUNDS TO COVER THE COSTS OF LEGAL SERVICES ORDERED BY CITY COUNCIL, AND DECLARING AN EMERGENCY.

The Clerk read the Resolution by title only.

Mr. WAGENER moved the resolution be passed as an emergency measure.  Roll call:  Boellner, Buehrer, Elmore, Kissinger, Noonan, Pauken and Wagener (7) voting yea; nays, none.

Mr. WAGENER moved the resolution be placed on its final passage and passed.  Roll call:  Boellner, Buehrer, Elmore, Kissinger, Noonan, Pauken and Wagener (7) voting yea; nays, none.

So the Resolution was passed.

 

ORDINANCE NO.                 002 – 2019                                        AUTHORIZING CONTRACT WITH P & R COMMUNICTIONS SERVICE, INC. RELATIVE TO MAINTENANCE OF MOBILE DATA COMPUTERS FOR THE DIVISION OF FIRE OF THE CITY OF MAUMEE, AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only.

Mr. BOELLNER moved the ordinance be passed as an emergency measure.  Roll call:  Boellner, Buehrer, Elmore, Kissinger, Noonan, Pauken and Wagener (7) voting yea; nays, none.

Mr. BOELLNER moved the ordinance be placed on its final passage and passed.  Roll call:  Boellner, Buehrer, Elmore, Kissinger, Noonan, Pauken and Wagener (7) voting yea; nays, none.

So the Ordinance was passed.

 

ORDINANCE NO.                 003 – 2019                                        AUTHORIZING AGREEMENT WITH P & R COMMUNICTIONS SERVICE, INC. RELATIVE TO RADIO EQUIPMENT MAINTENANCE FOR THE DIVISION OF POLICE OF THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only.

Mr. BUEHRER moved the ordinance be passed as an emergency measure.  Roll call:  Boellner, Buehrer, Elmore, Kissinger, Noonan, Pauken and Wagener (7) voting yea; nays, none.

Mr. BUEHRER moved the ordinance be placed on its final passage and passed.  Roll call:  Boellner, Buehrer, Elmore, Kissinger, Noonan, Pauken and Wagener (7) voting yea; nays, none.

So the Ordinance was passed.

 

ORDINANCE NO.                 004 – 2019                                        AUTHORIZING THE EXECUTION OF A SERVICE AGREEMENT WITH JEFFERSON AUDIO VIDEO SYSTEMS FOR THE MUNICIPAL COURTROOM AUDIO/VISUAL SYSTEM FOR THE CITY OF MAUMEE, AND DELCARING AN EMERGENCY.

 

The Clerk read the Ordinance by title only.

Mr. PAUKEN moved the ordinance be passed as an emergency measure.  Roll call:  Boellner, Buehrer, Elmore, Kissinger, Noonan, Pauken and Wagener (7) voting yea; nays, none.

Mr. PAUKEN moved the ordinance be placed on its final passage and passed.  Roll call:  Boellner, Buehrer, Elmore, Kissinger, Noonan, Pauken and Wagener (7) voting yea; nays, none.

So the Ordinance was passed.

 

ORDINANCE NO.                 005 – 2019                                        AMENDING ORDINANCE 173-2018 RELATIVE TO APPROPRIATING FUNDS FOR SQUIRE PATTON BOGGS (US) LLP TO PROVIDE LEGAL SERVICES ON BEHALF OF THE CITY OF MAUMEE.

 

The Clerk read the Ordinance by title only.

Mrs. ELMORE moved the ordinance be placed on its final passage and passed.  Roll call:  Boellner, Buehrer, Elmore, Kissinger, Noonan, Pauken and Wagener (7) voting yea; nays, none.

So the Ordinance was passed.


ORDINANCE NO.                 006 – 2019                                        APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS PURPOSES.

The Clerk read the Ordinance by title only.

Mr. NOONAN moved the ordinance be placed on its final passage and passed.  Roll call:  Boellner, Buehrer, Elmore, Kissinger, Noonan, Pauken and Wagener (7) voting yea; nays, none.

So the Ordinance was passed.

 

Mr. PAUKEN moved to adjourn at 9:05 p.m. until 7:00 p.m. Tuesday, January 22, 2019.  Motion carried v.v.

 

 

***********************************************************

7:30 p.m. Tuesday, January 22, 2019

COMMITTEE OF THE WHOLE

MINUTES

Tuesday, January 22, 2019 at 7:00 p.m.

 

President Pauken asked if there were any questions relative to items on the agenda.

 

President Pauken stated that Mr. Buehrer will need to abstain on Item A-3 due to a conflict of interest. 

President Pauken added that he will also be Acting Mayor on this item because Mayor Carr also has a conflict of interest.

Discussion was held on whether there was any conflict of interest having Mr. Calverley on both the Municipal Planning Commission as well as the Building Standards and Appeals Board.

 

Mr. Kissinger asked for an explanation on Item Q, relative to additional appropriations to cover a discrepancy with a bill.

The Chief Building Official responded saying that the contract with eMerge states that they are to notify the City if there is any increase in the proposed price, which they did not do.  He added that with the long-standing relationship with the City, they were able to negotiate for half of the submitted bill.

Discussion was held.

 

Mr. Buehrer asked the Law Director to explain what was happening relative to Item I and Fallen Timbers TIF.

The Law Director explained that Anthony Wayne school district is the property tax beneficiary from Fallen Timbers Mall.  She stated that the new owner of the mall has filed a tax appeal to contest the value of that property and the school district has decided to file an injunction, asking the City to join, in order to protect the current value of that property.

 

Mr. Wagener stated that he had an amendment to the January 7, 2019 Council minutes relative to the Interim Police Chief’s request for radio equipment maintenance.  Line 2 should read “Police Division” instead of “Fire Division.”

President Pauken added that there is also another correction needed relative to the word “Insurance” on Page 5, Paragraphs 3 and 4, which should read “Assurance.”

 

Mr. Boellner stated that he will be making a motion during the regular meeting that his request to submit information to the Ohio Ethics Commission be done by the end of this week.

 

Mr. Kissinger had a comment relating to Item B, the request by the Mayor to establish a policy for the Utility Billing Department and those impacted by the federal government shut-down. 

Discussion followed.

 

Mr. Buehrer stated that regarding Mr. Boellner’s motion to be made during the Council meeting, he would like to request that a transcript of the December 21, 2015 Committee of the Whole be included with the information being submitted to the Ohio Ethics Commission.  A section of the transcript was read into the record.

Discussion followed.

President Pauken suggested that Mr. Buehrer make a motion regarding his request during the regular meeting.

 

There being no further business to discuss, the meeting adjourned at 7:23 p.m.

 

MAUMEE CITY COUNCIL

MINUTES

Tuesday, January 22, 2019 at 7:30 p.m.

 

The Council of the City of Maumee, Ohio, met on the above date with the following members present: John Boellner, Brent Buehrer, Tracey Elmore, Dave Kissinger, Scott Noonan, Timothy Pauken and Thomas Wagener, Jr. (7).

Mayor Richard Carr presiding.

 

Mr. PAUKEN moved to approve the minutes of the January 7, 2019 meeting, after an amendment by Mr. Wagener regarding changing the words “Fire Division” to “Police Division” on Page 3, Paragraph 4; and Mr. Pauken’s amendment to Page 5, Paragraphs 3 and 4, changing the word “Insurance” to “Assurance” and approve the Minutes Journal.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

A letter from the Mayor re-appointing Richard Dardenne to the Zoning Appeals Board was read.

Mr. WAGENER moved to confirm the re-appointment of Richard Dardenne to the Zoning Appeals Board for an additional 5-year term ending December 31, 2023.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

A letter from the Mayor re-appointing Russ McEwen to the Building Standards and Appeals Board was read.

Mr. WAGENER moved to confirm the re-appointment of Russ McEwen to the Building Standards and Appeals Board for an additional 5-year term ending December 31, 2023.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

A letter from the Acting Mayor appointing Daniel Calverley to the Building Standards and Appeals Board was read.

Mrs. ELMORE moved to allow Mr. Buehrer to abstain due to a conflict of interest.  Roll call:  All members present voting yea, the Chair declared the motion carried.

Mrs. ELMORE moved to confirm the appointment of Daniel Calverley to the Building Standards and Appeals Board for a 5-year term ending December 31, 2023.  Roll call:  Boellner, Elmore, Kissinger, Noonan, Pauken and Wagener (6) voting yea; nays none; Buehrer (1) abstaining; the Chair declared the motion carried by a vote of 6-0.

 

A letter from the Mayor requesting the establishment of a review procedure for those impacted by the Federal Government Shut-Down as it relates to payment of Municipal Utility Services was read.  He stated that many individuals are furloughed from work without pay or rely on the Federal Government to process payments necessary for them to pay for their household expenses, including their utility bills.

Mr. BOELLNER moved to authorize the Law Director to establish a policy for the Utility Billing Department to work with residents impacted by the Federal Government Shut-Down relative to payment of utility bills.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

A letter from the Finance Director requesting approval of an agreement for the purchase of remote access software was read.  She stated that this software would help manage and inventory computers remotely.

Mr. KISSINGER moved to order emergency legislation approving an agreement with PDQ.com in the amount of $1,000.00 relative to the purchase of remote access software.   Roll call:  All members present voting yea, the Chair declared the motion carried.

 

A letter from the Law Director requesting authorization of a facility use agreement related to fire training was read.  She stated that Toledo Fire desires to use the City of Maumee’s training facilities and desires to ensure that the terms of that use are clear.

Mr. NOONAN moved to order emergency legislation authorizing a facility use agreement with Toledo Fire & Rescue.  Roll call:  All members present voting yea, the Chair declared the motion carried.

A letter from the Law Director declaring GovDeals as the method of disposal of obsolete City property for 2019 was read.  She stated that the Ohio Revised Code indicates that the City can annually publish and provide notice that they intend to dispose of such obsolete property through internet auction.

Mr. BUEHRER moved to order emergency legislation declaring GovDeals as the method of disposal of obsolete City property for 2019.   Roll call:  All members present voting yea, the Chair declared the motion carried.

 

A letter from the Law Director requesting authorization of a contract for 2019 Lucas County Public Defender services was read.  She stated that this is an annual contract and as part of that contract, the City of Maumee enters into sub-contracts with Whitehouse and Waterville, which will be done at a future meeting.

Mr. KISSINGER moved to order emergency legislation approving a contract with the Lucas County Commissioners at a cost of $7,650.00 for 2019 Public Defender services.   Roll call:  All members present voting yea, the Chair declared the motion carried.

 

Acting Mayor Pauken presided on this matter.

A letter from the Law Director requesting approval of an agreement to engage an outside firm to provide legal opinion relative to an employment matter was read.  She stated that fees for this outside legal service would be included in the Law Department budget for outside legal services.

Mr. Boellner asked if anyone was aware that the Administrator was eligible to retire this year and how would this matter affect any applicants for this position.

Mr. NOONAN moved to order emergency legislation approving an agreement with Spengler Nathanson, PLL relative to providing a legal opinion relative to an employment matter.  

Mr. Kissinger called for point of order and asked whether Mr. Buehrer needed to abstain on this matter.

Discussion was held.

The Law Director determined that Mr. Buehrer did not need to abstain.

Roll call:  Buehrer, Elmore and Pauken (3) voting yea; Boellner, Kissinger, Noonan and Wagener (4) voting nay; the Chair declared the motion failed by a vote of 3-4.

 

A letter from the Law Director requesting legislation consistent with Council President’s motion to amend Ordinance No. 252-2018 was read.  She stated that during the January 7, 2019 Committee of the Whole and Council meeting, it was discussed that there was a need to amend the language of Council Rules regarding letters for the agenda.

Mr. PAUKEN moved to order emergency legislation amending Ordinance No. 252-2018 relative to Council Rules.   Roll call:  All members present voting yea, the Chair declared the motion carried.

 

A letter from the Law Director requesting authorization to file a joint complaint relative to Fallen Timbers Mall TIF enforcement was read.  She stated that the City has a TIF and a Development Agreement for the Shops at Fallen Timbers and one provision of that agreement is a covenant to not contest the valuation to fall below eighty-eight million.  The purpose of this covenant was to ensure that the infrastructure improvements installed by the City would have sufficient revenue to cover the debt service.

Mrs. ELMORE moved to authorize the City to engage in joint litigation regarding Fallen Timbers Mall TIF enforcement.   Roll call:  All members present voting yea, the Chair declared the motion carried.

 

A letter from the Service Director presenting a request by the Maumee Uptown Business Association to hold their annual “Maumee Summer Fair” on August 9 and 10, 2019 was read.

Mr. WAGENER moved to approve waivers and closures for the “Maumee Summer Fair,” as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

A letter from the Service Director presenting a request by Project iAm to hold their annual fundraiser was read.

Mr. PAUKEN moved to approve the date of Sunday, March 3, 2019; authorize the use of the public alley and the eastern half of the West Mews; and to waive the noise ordinance until 10:00 p.m. for the Project iAm annual fundraiser. 

 

Mr. Boellner suggested amending the motion to include closures starting at noon on Saturday, March 2nd.

Mr. PAUKEN moved to amend his motion to include closures beginning on Saturday, March 2, 2019 through Sunday evening, March 3, 2019 at 10:00 p.m.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

A letter from the Service Director requesting repeal of Maumee Codified Ordinance, Chapter 931 was read.  He stated that with passage of Ordinance 269-2018 on December 17, 2018, Maumee created a new Code Section 937, Sediment and Erosion Control, to replace and update the existing 931 Code section.

Mr. KISSINGER moved to order emergency legislation to repeal Maumee Codified Ordinance, Chapter 931.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

A letter from the Commissioner of Public Service requesting approval of a contract for the purchase of Omnisite Radio Beacons was read.  He stated that the sewer pumping stations throughout the City communicate alarms and readings through Omnisite beacons and these six beacons are in need of upgrades to communicate with the latest cellular technology.  He added that one additional beacon will be needed to substitute while they each go out for an upgrade.

Mr. BOELLNER moved to order emergency legislation approving a contract with Omnisite in an amount not to exceed $1,879.00 for the purchase of six (6) Omnisite beacons with a one-year wireless plan.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

A letter from the Fire Chief requesting renewal of an agreement for Emergency Medical Services was read.  He stated that the contract runs from January 1, 2019 through December 31, 2019.

Mr. BUEHRER moved to order emergency legislation to authorize an agreement with the Lucas County Commissioners for provision of county-wide Emergency Medical Services.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

A letter from the Interim Police Chief requesting certain computer equipment be declared surplus was read.

Mr. NOONAN moved to order emergency legislation to declare certain Police computer equipment as surplus.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

A letter from the Clerk of Court requesting approval of a contract for NORIS Hi-Speed Data Transmission for the Municipal Court was read.  She stated that this service is used for all video hearings in the courtroom, private video conferences by the Probation Department for pre-sentence investigations, as well as confidential consultations between attorney and client. 

Mr. KISSINGER moved to order emergency legislation approving a contract with the Criminal Justice Coordinating Council in the amount of $3,300 relative to NORIS Hi-Speed Data Transmission services for the Maumee Municipal Court.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

A letter from the Chief Building Official requesting additional appropriation to cover a discrepancy with regard to eMerge billing was read.  He stated that eMerge provided a proposal in 2017 for budget year 2018 regarding scanning of documents at an estimated cost of $750.00.  He stated that budget was approved for $1,000 but upon completion of the project, eMerge presented a final bill in the amount of $5,608.34, which was negotiated down to $2,804.17.

Mr. WAGENER moved to order emergency legislation to approve an amendment to the agreement with eMerge relative to payment of an additional $1,804.17 to cover a discrepancy in the eMerge billing.  Roll call:  Boellner, Buehrer, Elmore, Pauken and Wagener (5) voting yea; Kissinger and Noonan (2) voting nay; the Chair declared the motion carried by a vote of 5-2.


President Pauken stated that the Committee of the Whole met and reviewed items on the agenda including the appointment of Mr. Calverly (Item A-3); eMerge billing (Item Q); and Fallen Timbers Mall TIF enforcement (Item I); Mr. Boellner talked about a motion he would be putting on the floor during Communications (Item B) relative to utility billing during the government shut-down; and Mr. Buehrer would be putting a motion on the floor to send minutes from December 21, 2015 Committee of the Whole and Council meeting and the December 14, 2015 Public Hearing, along with the complaints to the Auditor and the Ethics Commission.

 

Mr. Buehrer read the following report from the Finance and Economic Development Committee meeting:

 

MAUMEE CITY COUNCIL

FINANCE & ECONOMIC DEVELOPMENT REPORT

December 20, 2018

 

               On December 20, 2018, at 4:00 p.m. the Finance Committee of the Maumee City Council held a meeting in open session in Council Chamber’s Conference Room after proper notice given to the public.  Present at the Committee meeting were: Brent Buehrer, Chair of the Finance & Economic Committee; Council Committee Members Scott Noonan, Thomas Wagener Jr. (by phone while recovering from a medical procedure), Council Member Dave Kissinger, Finance Director Debra Cartledge, Clerk Amber Rathburn and Taylor Wright, Public Affairs Liaison for the State of Ohio Auditor.  Discussed at the meeting were as follows:

·                  Ohio Checkbook  

               The Committee heard from Taylor Wright on how other municipalities implement Ohio Checkbook. Ms. Wright was having computer difficulties with her lap top uploading a municipality example for the committee to review. Ms. Wright assured that the Auditor would build the site for the City and would be password protected for data input. Data could be loaded, monthly, quarterly, biannually or annually. 

               The City was reassured that they could redact sensitive information such as tax refund checks or police officers reimbursement checks and addresses before the information was up loaded and after the information was up loaded but before it was made public. Debra Cartledge and Amber Rathburn previously stated concerns from the October 31st Finance & Economic Development meeting were addressed during the meeting.  All three committee members felt comfortable that Ohio Checkbook could be tried for a year and reexamined by the committee after May 1, 2020 on whether to continue. The committee noted that there was about a month down time from when the information was given / imputed to the site before the information was ready for public consumption. 

               Mr. Buehrer made a motion to have a City of Maumee Ohio Checkbook site be built by the State of Ohio Auditor for the fiscal year 2019 and that data be inputted quarterly starting with the 1st quarter of 2019. That the City’s Ohio Checkbook site remain in committee and that the committee meet again to review the successes or challenges of Ohio Checkbook after May 1, 2020 and determine whether the city wants to continue having an Ohio Checkbook site.  Mr. Wagener was supportive of this motion but could not vote because he was not officially in attendance at the meeting.  The motion passed 2-0

               Committee adjourned at 4:37pm  

Respectfully submitted,

Brent Buehrer, Chair

Scott Noonan, Member

Thomas Wagener, Jr., Member

 

Mr. BUEHRER moved to accept the report.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

Tom Sullivan, 308 Conant Street, spoke about the Administrator’s suspension stating that the City is leaving itself open to lawsuits at the cost to the residents.

 

Brian Sniegocki, 312 West Dudley, one of the directors of Project iAm, thanked the City for their continued support stating this was their 12th year and the event keeps getting bigger and better.  He added that so far they have given over a quarter million dollars to the families with autism over the years.

 

Gabriel Barrow, 716 Inwood Place, read a statement to Council regarding his displeasure with the events occurring within the City.

 

The Service Director reported that the detour signs have been posted by the Holland and Dussel area. They are still waiting for official confirmation from the Ohio Turnpike, but have heard that the bridge over the Ohio Turnpike will be closed starting on February 18, 2019 for approximately 200 days through sometime in September.  This is for a complete re-decking of the bridge.

Mr. Buehrer asked about the sidewalks, which the Service Director addressed.

The Mayor asked about the Reynolds Road bridge painting project, which the Commissioner of Public Service addressed.

 

The Service Director thanked the residents for parking their cars off the streets during the recent snowfall helping the crews get their jobs done more efficiently.

 

The Mayor spoke about the recent passing of a City Dispatcher and longtime employee, Rob Bunce, extending sympathies to his family.  He also announced that a former council member, Diane Totzke, passed away last night and he extended thoughts and prayers to her family.  He added that Mrs. Elmore’s father is in Hospice care at this time and he extended thoughts and prayers to her and her family.

 

President Pauken expressed his thanks to the Service Department for the great job during the recent snow storm.

 

President Pauken expressed his disappointment with the fact that it seems some members of Council only want to do what is on their personal agenda.

 

Mr. Boellner clarified that his motion to send information to the Ethics Commission was made at the last meeting and that tonight his motion only asks that it be done by the end of this week.  He added that this will not cost the City any money.

Mr. BOELLNER moved that the documents he requested to be sent to the State Auditor’s Office and the Ohio Ethics Commission be forwarded to the appropriate bodies by the end of this week.  Roll call:  Boellner, Kissinger, Noonan and Wagener (4) voting yea; Elmore and Pauken (2) voting nay; Buehrer (1) abstaining; the Chair declared the motion carried by a vote of 4-2.

 

Mr. Wagener thanked the Police and Fire divisions for the touching ceremony for Rob Bunce thanking Interim Police Chief Dave Tullis for his eulogy.  He added there was good attendance by both Police and Fire and that Rob would have liked the sendoff.

 

Mr. BUEHRER moved that a transcript of the Public Hearing of December 15, 2015 relative to the property in the 200 block of Conant Street, as well as a transcript of the Committee of the Whole meeting and City Council meeting of December 21, 2015, be sent to the Ethics Commission along with the material Mr. Boellner asked to be sent.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

Mrs. Elmore announced there would be a Public Information Committee meeting on Friday, February 1, 2019 at 2:00 p.m. for the purpose of creation of a Maumee Facebook page.

Mrs. Elmore stated she agreed with Mr. Pauken’s statement and voiced her displeasure with the current events occurring within the City.

 

Mr. Buehrer gave a brief update with regard to the Finance Committee meetings currently being held with regard to the budget.  He stated they plan to meet again next week and hopefully have the 2019 Budget ready to present to Council by the first meeting in February.

 

Mr. PAUKEN moved to adjourn to Executive Session at 8:20 p.m. to conference with the Law Director.  Roll call:  All members present voting yea, the Chair declared the motion carried.

Mr. PAUKEN moved to adjourn from Executive Session at 8:42 p.m.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

Legislation was considered at this time.

 

ORDINANCE NO.                 007 – 2019                                        AUTHORIZING CONTRACT WITH PDQ.com FOR THE PURCHASE OF SOFTWARE FOR REMOTE ACCESS TO COMPUTERS FOR THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only.

Mr. WAGENER moved the ordinance be passed as an emergency measure.  Roll call:  Boellner, Buehrer, Elmore, Kissinger, Noonan, Pauken and Wagener (7) voting yea; nays, none.

Mr. WAGENER moved the ordinance be placed on its final passage and passed.  Roll call:  Boellner, Buehrer, Elmore, Kissinger, Noonan, Pauken and Wagener (7) voting yea; nays, none.

So the Ordinance was passed.

 

ORDINANCE NO.                 008 – 2019                                        AUTHORIZING FACILITY USE AGREEMENT WITH CITY OF TOLEDO FIRE & RESCUE FOR USE OF CITY PROPERTY, AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only.

Mr. BOELLNER moved the ordinance be passed as an emergency measure.  Roll call:  Boellner, Buehrer, Elmore, Kissinger, Noonan, Pauken and Wagener (7) voting yea; nays, none.

Mr. BOELLNER moved the ordinance be placed on its final passage and passed.  Roll call:  Boellner, Buehrer, Elmore, Kissinger, Noonan, Pauken and Wagener (7) voting yea; nays, none.

So the Ordinance was passed.

 

ORDINANCE NO.                 009 – 2019                                        AUTHORIZING THE SALE BY INTERNET AUCTION, OF CERTAIN OBSOLETE PROPERTY NO LONGER NEEDED FOR ANY MUNICIPAL PURPOSE BY THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only.

Mr. BUEHRER moved the ordinance be passed as an emergency measure.  Roll call:  Boellner, Buehrer, Elmore, Kissinger, Noonan, Pauken and Wagener (7) voting yea; nays, none.

NOTE:  Mayor excused Mrs. Elmore at this time to be with her father.

 

Mr. BUEHRER moved the ordinance be placed on its final passage and passed.  Roll call:  Boellner, Buehrer, Kissinger, Noonan, Pauken and Wagener (6) voting yea; nays, none.

So the Ordinance was passed.

 

ORDINANCE NO.                 010 – 2019                                        AUTHORIZING EXECUTION OF AGREEMENT WITH THE LUCAS COUNTY PUBLIC DEFENDER’S OFFICE RELATIVE TO 2019 PUBLIC DEFENDER SERVICES FOR THE MAUMEE MUNICIPAL COURT AND CITY OF MAUMEE, AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only.

Mr. PAUKEN moved the ordinance be passed as an emergency measure.  Roll call:  Boellner, Buehrer, Kissinger, Noonan, Pauken and Wagener (6) voting yea; nays, none.

Mr. PAUKEN moved the ordinance be placed on its final passage and passed.  Roll call:  Boellner, Buehrer, Kissinger, Noonan, Pauken and Wagener (6) voting yea; nays, none.

So the Ordinance was passed.

 


ORDINANCE NO.                 011 – 2019                                        AMENDING THE MAUMEE CODIFIED ORDINANCE RELATIVE TO CHAPTER 111, RELATIVE TO COUNCIL RULES, AND DELCARING AN EMERGENCY.

 

The Clerk read the Ordinance by title only.

Mr. NOONAN moved the ordinance be passed as an emergency measure.  Roll call:  Boellner, Buehrer, Kissinger, Noonan, Pauken and Wagener (6) voting yea; nays, none.

Mr. NOONAN moved the ordinance be placed on its final passage and passed.  Roll call:  Boellner, Buehrer, Kissinger, Noonan, Pauken and Wagener (6) voting yea; nays, none.

So the Ordinance was passed.

 

ORDINANCE NO.                 012 – 2019                                        REPEALING CHAPTER 931 OF THE MAUMEE CODIFIED ORDINANCES RELATIVE TO SEDIMENT EROSION CONTROL, AND DELCARING AN EMERGENCY.

 

The Clerk read the Ordinance by title only.

Mr. KISSINGER moved the ordinance be passed as an emergency measure.  Roll call:  Boellner, Buehrer, Kissinger, Noonan, Pauken and Wagener (6) voting yea; nays, none.

Mr. KISSINGER moved the ordinance be placed on its final passage and passed.  Roll call:  Boellner, Buehrer, Kissinger, Noonan, Pauken and Wagener (6) voting yea; nays, none.

So the Ordinance was passed.

 

ORDINANCE NO.                 013 – 2019                                        AUTHORIZING CONTRACT WITH OMNISITE RELATIVE TO THE PURCHASE OF RADIO BEACONS FOR THE SERVICE DEPARTMENT, AND DELCARING AN EMERGENCY.

 

The Clerk read the Ordinance by title only.

Mr. KISSINGER moved the ordinance be passed as an emergency measure.  Roll call:  Boellner, Buehrer, Kissinger, Noonan, Pauken and Wagener (6) voting yea; nays, none.

Mr. KISSINGER moved the ordinance be placed on its final passage and passed.  Roll call:  Boellner, Buehrer, Kissinger, Noonan, Pauken and Wagener (6) voting yea; nays, none.

So the Ordinance was passed.

 

ORDINANCE NO.                 014 – 2019                                        AUTHORIZING EXECUTION OF AGREEMENT WITH LUCAS COUNTY COMMISSIONERS FOR PROVISION OF COUNTY-WIDE EMERGENCY MEDICAL SERVICES FOR THE CITY OF MAUMEE, OHIO, AND DELCARING AN EMERGENCY.

 

The Clerk read the Ordinance by title only.

Mr. WAGENER moved the ordinance be passed as an emergency measure.  Roll call:  Boellner, Buehrer, Kissinger, Noonan, Pauken and Wagener (6) voting yea; nays, none.

Mr. WAGENER moved the ordinance be placed on its final passage and passed.  Roll call:  Boellner, Buehrer, Kissinger, Noonan, Pauken and Wagener (6) voting yea; nays, none.

So the Ordinance was passed.

 

ORDINANCE NO.                 015 – 2019                                        DECLARING CERTAIN PROPERTY OF THE CITY OF MAUMEE, POLICE DIVISION, TO BE SURPLUS, AUTHORIZING DISPOSAL OF SAME, AND DELCARING AN EMERGENCY.

 

The Clerk read the Ordinance by title only.

Mr. BOELLNER moved the ordinance be passed as an emergency measure.  Roll call:  Boellner, Buehrer, Kissinger, Noonan, Pauken and Wagener (6) voting yea; nays, none.

Mr. BOELLNER moved the ordinance be placed on its final passage and passed.  Roll call:  Boellner, Buehrer, Kissinger, Noonan, Pauken and Wagener (6) voting yea; nays, none.

So the Ordinance was passed.


ORDINANCE NO.                 016 – 2019                                        AUTHORIZING CONTRACT WITH CRIMINAL JUSTICE COORDINATION COUNCIL, FOR NORIS HI-SPEED DATA TRANSMISSION SERVICES FOR THE MAUMEE MUNICIPAL COURT, CITY OF MAUMEE, AND DELCARING AN EMERGENCY.

 

The Clerk read the Ordinance by title only.

Mr. BUEHRER moved the ordinance be passed as an emergency measure.  Roll call:  Boellner, Buehrer, Kissinger, Noonan, Pauken and Wagener (6) voting yea; nays, none.

Mr. BUEHRER moved the ordinance be placed on its final passage and passed.  Roll call:  Boellner, Buehrer, Kissinger, Noonan, Pauken and Wagener (6) voting yea; nays, none.

So the Ordinance was passed.

 

RESOLUTION NO.                017 – 2019                                        AUTHORIZING SETTLEMENT WITH eMERGE RELATIVE TO A BILL FOR SERVICES EXCEEDING THE ORIGINAL ESTIMATED FEES, AND DELCARING AN EMERGENCY.

 

The Clerk read the Resolution by title only.

Mr. PAUKEN moved the resolution be passed as an emergency measure.  Roll call:  Boellner, Buehrer, Kissinger, Noonan, Pauken and Wagener (6) voting yea; nays, none.

Mr. PAUKEN moved the resolution be placed on its final passage and passed.  Roll call:  Boellner, Buehrer, Kissinger, Noonan, Pauken and Wagener (6) voting yea; nays, none.

So the Resolution was passed.

 

ORDINANCE NO.                 018 – 2019                                        APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS PURPOSES.

The Clerk read the Ordinance by title only.

Mr. NOONAN moved the ordinance be placed on its final passage and passed.  Roll call:  Boellner, Buehrer, Kissinger, Noonan, Pauken and Wagener (6) voting yea; nays, none.

So the Ordinance was passed.

 

Mr. PAUKEN moved to adjourn at 8:50 p.m. until 7:00 p.m. Monday, February 4, 2019.  Motion carried v.v.