MAUMEE CITY COUNCIL
October 2 and 16, 2017
MINUTES

7:30 p.m. Monday, October 2, 2017

COMMITTEE OF THE WHOLE

MINUTES

Monday, October 2, 2017 at 7:00 p.m.

 

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

 

The Administrator explained the process and reason for establishing the Revolving Loan Fund (Item B).

The Finance Director added that this fund was initiated in 2001 and the City did a few small business loans, which were all paid back by 2007, with no activity since then.

Mr. Kissinger asked whether there was no activity due to no interest in the program or just not knowing it was available.

The Administrator responded that there were several reasons; one being that the interest rate environment is very low at this point in time and there is no substantial advantage that the City can offer through the program.  He added that it is also a substantial burden on the Finance Department to service the loans and the loans are not primary but rather secondary loans.  He added that the City’s tax abatement and job creation and retention programs are the better choice for the City.

 

President Buehrer asked for a brief explanation about the Code Red (Item D) program, which came about in 2014, due to the water crisis.  

Lieutenant Tullis stated that this program was last utilized in 2016 and with Facebook and all other social media, there seems to be little need for this anymore.

President Buehrer stated that there is a $7,000 annual cost to the City for participation in this program and this expense will be reviewed in committee.

 

The Law Director stated that Item F relating to the zoning text amendment for medical marijuana is not an emergency.

 

The Chief Building Official explained his request to modify the duties of the Design Review Board (Item G), which is being referred to the Code Committee for review.

 

The Chief Building Official explained his request for a zoning text amendment relative to C-M Commercial-Industrial District (Item H).  He stated that the request is to reduce the minimum acreage requirement from 200 to 30 acres.

 

Mr. Kissinger asked a procedural question relating to Item A, specifically what was the origin of the staggering terms for the Tree Commission.

The Law Director responded that all 5-year terms are to be staggered.  She added that it was noticed that two individuals had the same renewal year, so their end dates needed to be changed to comply with the City’s Administrative Code.

 

There being no further business to discuss, the meeting adjourned at 7:15 p.m.

 

MAUMEE CITY COUNCIL

MINUTES

Monday, October 2, 2017 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, Daniel Hazard, David Kissinger, Timothy Pauken and Thomas Wagener, Jr. (7).

Mayor Richard Carr presiding.

 

The Mayor asked for a moment of silence to remember those victims of the Las Vegas shooting.

 

Mr. BUEHRER moved to approve the minutes of the September 18, 2017 meeting and approve the Minutes Journal.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

The Mayor presented a proclamation to Dr. Todd Cramer, Superintendent of Maumee City Schools, relative to “Say Something Week.”

Dr. Cramer spoke about the program.

 

A letter from the Mayor appointing Bradley Reynolds to the Maumee Tree Commission was read.

Mr. BUEHRER moved to confirm the appointment of Bradley Reynolds to the Maumee Tree Commission for an unexpired term ending May 31, 2021.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

A letter from the Mayor re-appointing Robert Heckman and Thomas Dibling to the Maumee Tree Commission was read.

Mr. WAGENER moved to confirm the re-appointment of Robert Heckman to the Maumee Tree Commission for an unexpired term ending May 31, 2018.  Roll call:  All members present voting yea, the Chair declared the motion carried.

Mr. WAGENER moved to confirm the re-appointment of Thomas Dibling to the Maumee Tree Commission for an additional 5-year term ending May 31, 2022.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

A letter from the Mayor promoting Thomas Henry and Eric Thieman to the position of Firefighter II was read.

Mr. PAUKEN moved to confirm the promotions of Thomas Henry and Eric Thieman to the position of Firefighter II, Division of Fire, Department of Public Safety, effective October 3, 2017.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

A letter from the Mayor accepting the resignation of Kaleb Torbet as Patrolman was read.

Mr. BOELLNER moved to confirm the resignation of Kaleb Torbet as Patrolman, Division of Police, Department of Public Safety, effective October 6, 2017.  Roll call:  All members present voting yea, the Chair declared the motion carried.

Mr. BOELLNER moved to authorize filling the vacant Patrolman position.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

A letter from the Finance Director requesting authorization to dissolve the Maumee Revolving Loan Fund and transfer the current fund balance back to the General Fund was read.

Mrs. ELMORE moved to order legislation dissolving the Maumee Revolving Loan Fund and transfer the current fund balance of $322,920.11 back to the General Fund.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

A letter from the Finance Director requesting spam firewall license and maintenance agreement renewal was read.  She stated that the license provides virus and malware definition updates continuously on the firewall.  She added that the maintenance agreement is for instant replacement of the equipment if there is a failure.

Mr. KISSINGER moved to order emergency legislation authorizing an agreement with Barracuda in the amount of $1,298 relative to spam firewall license and maintenance.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

A letter from the Finance Director requesting referral of the matter of the Code Red Emergency Notification System to the Safety Committee was read.

Mr. PAUKEN moved to refer the matter of the Code Red Emergency Notification System to the Safety Committee.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

A letter from the Service Director requesting authorization of an agreement for the purchase of LED retrofit lights for the Construction Building was read.  He stated that the retrofit kits include 19, 8-foot lamps, 16, 4-foot lamps, four flat panel and five outside security lamps.

Mr. HAZARD moved to order emergency legislation authorizing an agreement with McNaughton-McKay in the amount of $4,498.37 for the purchase of LED retrofit lights for the Construction Division.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

A letter from the Law Director requesting approval of a zoning text amendment from the Planning Commission relative to medical marijuana facilities in the City of Maumee was read.  She stated that the proposed changes include amendments to the zoning code permitting medical marijuana facilities within certain zoning classifications.  She added that the Planning Commission approved the cultivation, testing or processing within M-1 controlled Industrial District and C-2 General Commercial District for dispensing.  She stated the proposed changes are specifically excluded from the C-M Commercial Industrial District.

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

Mr. PAUKEN moved to order legislation approving a zoning text amendment relative to medical marijuana facilities in the City of Maumee.  Roll call:  Boellner, Elmore, Kissinger, Pauken and Wagener (5) voting yea; Buehrer (1) voting nay; Hazard (1) abstaining; the Chair declared the motion carried by a vote of 5-1.

 

A letter from the Chief Building Official requesting referral of the matter of modifying the duties of the Design Review Board to the Code Committee was read.  He stated that this request is to consider removing the requirement for residential properties located within the review district bound by the Anthony Wayne Trail to the north, the Maumee River to the south, Ford Street to the west and Key Street to the east.  He added that this request would allow the Division of Inspection to review the applications for residential requests within the district in a timely manner allowing contractors and homeowners to proceed with their proposed home improvements.

Mr. WAGENER moved to refer the matter of modifying the duties of the Design Review Board to the Code Committee.   Roll call:  All members present voting yea, the Chair declared the motion carried.

 

A letter from the Chief Building Official requesting a zoning text amendment as recommended by the Maumee Planning Commission was read.  He stated that the proposed amendment reduces the minimum site size from 200 acres to 30 acres in the C-M Commercial-Industrial District.

Mrs. ELMORE moved to order legislation to amend Section 1125.11 of the Maumee Codified Ordinance for a reduction in the minimum acreage requirements from 200 to 30 acres in the C-M Commercial-Industrial District.   Roll call:  All members present voting yea, the Chair declared the motion carried.

 

A letter from the Police Chief requesting approval of an agreement for the purchase of fitness equipment for the Police Division was read.  He stated that this is replacing two 12-year old treadmills plus two miscellaneous items.

Mr. HAZARD moved to order emergency legislation approving an agreement with American Home Fitness in an amount not to exceed $6,946 for the purchase of two (2) new treadmills for the Division of Police.  Roll call:  All members present voting yea, the Chair declared the motion carried.

Mr. HAZARD moved to order emergency legislation to declare two (2) 12-year old treadmills as surplus.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

President Buehrer stated that the Committee of the Whole met and reviewed items on the agenda including Item B concerning dissolving the Revolving Loan Fund, Item D regarding Code Red Emergency Notification System, Item F regarding medical marijuana, Item G regarding proposed changes to the Design Review Board, and Item H regarding a zoning text amendment relative to reduction in acreage.

 

Mrs. Elmore read the following report from the Parks & Recreation Committee meeting:

 

PARKS & RECREATION COMMITTEE

 

               The Parks & Recreation Committee met on Tuesday, September 26, 2017 at 12:14 p.m.  Present from the City were Joseph Camp, Troy VanDusen and Amber Rathburn.   Those present from Council were Tom Wagener, Tracey Elmore and Brent Buehrer (arrived late).

               The meeting was called to determine the future use of the River Road property (Parcel #36-04765) purchased by the City in 2003 for $515,000.  Previous ideas for the property was for open space for viewing the river and was also later considered as a site for a Fire/Police Memorial following the events of 9/11.  The property has been maintained by the City, which consists of weekly lawn care in the summers and vegetation removal on the hillside every 3-4 years.

               Mr. Camp stated that if the site was converted to a park or memorial, the City would be responsible for the initial costs of the landscaping and park development in addition to the long-term costs of maintaining the property.  Mr. VanDusen agreed that it would be a strain on the City’s resources to maintain an additional park.

               The Fire Division has already erected a memorial on the site of the new fire station on Illinois Avenue.  The Police Division has not yet erected a memorial but could possibly do so in the courtyard in the future.  The City has Side Cut Metropark as well as the view along White Street for walking trails and views of the river. 

               The other option would be to sell the property for privatization, albeit at a probable loss to the City.  Before deciding which option is more feasible, it was decided that additional input was needed from the other Council members as well as the Maumee Valley Historical Society (via Jack Hiles) to see if there may be any opposition or other ideas as to the future use of the property.  Mr. Camp will speak at the next MVHS meeting in October while Mrs. Elmore will contact the other Council members. 

               Mr. VanDusen and Mr. Camp asked whether or not to proceed with a much-needed limited trimming of the Sumac and other vegetation in the interim.

MOTION:   To proceed with limited trimming of the vegetation.  Motion passed 3-0.

MOTION:  To keep this issue in committee until council members and MVHS can be interviewed. 

Motion passed 3-0

Meeting adjourned at 12:43 pm.

Respectfully submitted,

Tracey Elmore, Chair

Brent Buehrer, Member

Tom Wagener, Jr., Member

 

Mrs. ELMORE moved to authorize the Administration to hire a third party appraiser to perform a marketing analysis.  Roll call:  All members present voting yea, the Chair declared the motion carried.

Mrs. ELMORE moved to proceed with limited trimming of the vegetation.  Roll call:  All members present voting yea, the Chair declared the motion carried.

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

 

Mr. Boellner read the following report from the Personnel Committee meeting:

Personnel Committee

               The Personnel Committee met on Friday, September 29, 2017 at 12:00 noon.  Present for the meeting were Committee members John Boellner, Brent Buehrer and David Kissinger.  Also present from Administration were Amber Rathburn, Beth Tischler, Susan Noble and Dave Blyth, of Ohio AFSCME Council 8.

               The topics of discussion were three changes to the City Hiring Policy and Procedure.  The first change would be to waive the posting requirement for promotions, if approved by a vote of Council.  The Committee felt that this was necessary mostly for the Fire Division.

               The second change would allow the City to not re-advertise a job opening if it had been advertised within the past twelve (12) months and a list of qualified applicants remained on file.  The Committee felt that this would streamline hiring within the City and save money on advertising.

               The third change would allow the City to do a background check through the Police Division if fingerprinting was not a viable option.  After much discussion, it was decided to keep it as proposed.

               All three changes were approved by a 3-0 vote.  Proposed changes are attached.

Respectfully submitted,

John Boellner, Chair

Brent Buehrer, Member

Dave Kissinger, Member

 

Mr. BOELLNER moved to approve changes to the Hiring Policy and Procedure.  Roll call:  All members present voting yea, the Chair declared the motion carried.

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

 

Mr. Bradley Reynolds, 2308 State Blvd., spoke about the proposed changes to the Design Review Board (Item G) stating that he would like to have that board relax the restrictions on private property owners in the City of Maumee.

 

The Administrator shared information regarding an Amazon facility proposal for economic development.

 

The Mayor gave an update on Saturday’s special Council meeting stating that he did file the application with the Auditor of State for a fraud audit of the Municipal Court.  He will keep Council members updated.

 

Mr. Boellner reminded everyone that the Firefighters’ BBQ is coming up soon, on Saturday, October 14, 2017. 

 

Legislation was considered at this time.

 

RESOLUTION NO.                172 --  2017                                       AUTHORIZING AND DIRECTING THE DIRECTOR OF FINANCE TO DISSOLVE THE CURRENT SPECIAL REVENUE FUND FOR THE MAUMEE REVOLVING LOAN FUND PROGRAM.

The Clerk read the Resolution by title only.

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

So the Resolution was passed.

 

ORDINANCE NO.                 173 --  2017                                       AUTHORIZING AGREEMENT WITH BARRACUDA RELATIVE TO SPAM FIREWALL LICENSE AND MAINTENANCE AGREEMENT RENEWAL FOR THE CITY OF MAUMEE, OHIO, 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, Hazard, Kissinger, 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, Hazard, Kissinger, Pauken and Wagener (7) voting yea; nays, none.

So the Ordinance was passed.

 

ORDINANCE NO.                 174 --  2017                                       AUTHORIZING AN AGREEMENT WITH MCNAUGHTON-MCKAY RELATIVE TO PURCHASE OF LED RETROFIT LIGHTS FOR THE CONSTRUCTION DIVISION, 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, Hazard, Kissinger, 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, Hazard, Kissinger, Pauken and Wagener (7) voting yea; nays, none.

So the Ordinance was passed.

 

ORDINANCE NO.                 175 --  2017                                       AMENDING THE ZONING CODE OF THE CITY OF MAUMEE, OHIO, REPEALING CERTAIN SECTIONS.

The Clerk read the Ordinance by title only.

Mr. KISSINGER moved the ordinance be placed on its final passage and passed.  Roll call:  Boellner, Buehrer, Elmore, Kissinger, Pauken and Wagener (6) voting yea; nays none; Hazard (1) abstaining.

So the Ordinance was passed by a vote of 6-0.

 

ORDINANCE NO.                 176 --  2017                                       AMENDING THE ZONING CODE OF THE CITY OF MAUMEE, OHIO AND REPEALING CERTAIN SECTIONS.

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, Hazard, Kissinger, Pauken and Wagener (7) voting yea; nays, none.

So the Ordinance was passed.

 

ORDINANCE NO.                 177 --  2017                                       AUTHORIZING AGREEMENT WITH AMERICAN HOME FITNESS RELATIVE TO THE PURCHASE OF NEW TREADMILLS FOR THE POLICE DIVISION OF THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only.

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

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

So the Ordinance was passed.

 

ORDINANCE NO.                 178 --  2017                                       DECLARING CERTAIN PROPERTY OF THE CITY OF MAUMEE TO BE SURPLUS, AUTHORIZING DISPOSAL OF SAME, 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, Elmore, Hazard, Kissinger, 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, Hazard, Kissinger, Pauken and Wagener (7) voting yea; nays, none.

So the Ordinance was passed.

 

ORDINANCE NO.                 179 --  2017                                       APPROVING THE AMENDED HIRING POLICY AND PROCEDURE 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, Hazard, Kissinger, 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, Hazard, Kissinger, Pauken and Wagener (7) voting yea; nays, none.

So the Ordinance was passed.

 

ORDINANCE NO.                 180 --  2017                                       AUTHORIZING A LETTER OF ENGAGEMENT BETWEEN THE CITY OF MAUMEE AND THE AUDITOR OF THE STATE OF OHIO, RELATIVE TO SPECIAL FRAUD INVESTIGATION AUDIT SERVICES, 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, Hazard, Kissinger, 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, Hazard, Kissinger, Pauken and Wagener (7) voting yea; nays, none.

So the Ordinance was passed.

 

ORDINANCE NO.                 181 --  2017                                       APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS PURPOSES.

The Clerk read the Ordinance by title only.

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

So the Ordinance was passed.

 

Mr. PAUKEN moved to adjourn at 8:15 p.m. until 7:00 p.m. Monday, October 16, 2017.  Motion carried v.v.

 

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

7:30 p.m. Monday, October 16, 2017

COMMITTEE OF THE WHOLE

MINUTES

Monday, October 16, 2017 at 7:00 p.m.

 

The Mayor addressed Item E relating to the Memorandum of Agreement for the provision of audit services for the City. 

 

The Law Director explained Item F relating to outside legal counsel to oppose HB49, stating that the City has been invited to join litigation that will challenge the constitutionality of HB49’s provision that gives the state the power to collect and administer the municipal business net profit tax returns.  She added that by joining the coalition, the City would benefit from any temporary injunction obtained.

President Buehrer asked the Law Director to provide a monthly update to Council members on which municipalities have joined this coalition.  Discussion followed.

 

The Service Director explained Item G relating to the Senior Center message board.  He stated that the new sign is simply a direct replacement of the sign currently in that location with the addition of internal illumination.

 

The Commissioner of Public Service explained Item I relating to a Memorandum of Agreement with ODOT for the use of salt brine.  Discussion followed.

 

The Service Director explained Item J relating to the replacement of a Combination Sewer Unit.  He stated that the existing unit is approximately 18 years old.  The old unit will later be declared as surplus.

 

President Buehrer briefly explained Item H relative to the Wolcott House plumbing repairs stating that the contingency amount requested was in case there is more damage noted after opening up the drywall.

 

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

 

Mr. Kissinger suggested that relative to Item B, for clarification, the motion to read, “. . . provisions of Article X Section 2. . .”

 

There being no further business to discuss, the meeting adjourned at 7:21 p.m.

 

MAUMEE CITY COUNCIL

MINUTES

Monday, October 16, 2017 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, Daniel Hazard, David Kissinger, Timothy Pauken and Thomas Wagener, Jr. (7).

Mayor Richard Carr presiding.

 

Mr. BUEHRER moved to approve the minutes of the September 30, 2017 special meeting and the October 2, 2017 regular meeting and approve the Minutes Journal.  Roll call:  All members present voting yea, the Chair declared the motion carried.


A letter from the Mayor appointing Laura Banas to the promotional position of Administrative Assistant in the Fire Division was read.

Mr. WAGENER moved to confirm the appointment of Laura Banas to the promotional position of Administrative Assistant in the Division of Fire, Department of Public Safety, effective October 17, 2017.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

A letter from the Finance Director requesting the levying of property taxes for 2018 collection was read. 

Mr. BUEHRER moved to order legislation accepting the amounts and rates as determined by the Budget Commission, authorizing the necessary tax levies, and certifying them to the County Auditor.  Roll call:  All members present voting yea, the Chair declared the motion carried.

Mr. BUEHRER moved to order legislation providing for a tax levy in accordance with the provisions of Article X Section 2 of the Charter of the City of Maumee, Ohio.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

A letter from the Finance Director requesting advance payments of tax collected by the Lucas County Treasurer was read. 

Mr. BOELLNER moved to order legislation requesting advance payments of the 2018 real estate tax collections.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

A letter from the Finance Director requesting Dell – Veritas Back-Up Exec System Software and Support license renewal was read.  She stated that this is a 12-month license effective November 1, 2017.

Mr. KISSINGER moved to order emergency legislation approving a renewal agreement with Dell, utilizing government pricing program, in the amount of $191.79 relative to Veritas Back-Up Exec System Software and Support.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

A letter from the Finance Director requesting authorization of a Memorandum of Agreement relative to the provision of audit services for the City of Maumee was read.  She stated that the Auditor awarded the firm of James Zupka CPA, to perform the annual audits for the City of Maumee for the next five years.

Mr. PAUKEN moved to order emergency legislation authorizing a Memorandum of Agreement between the City of Maumee, the Auditor of the State of Ohio and James G. Zupka, CPA, at a total cost of $130,234 relative to the provision of audit services for the City of Maumee.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

A letter from the Law Director relative to engaging outside legal counsel to oppose HB49 was read.  She stated that the City has been invited to join litigation that will challenge the constitutionality of HB49’s provision that gives the state the power to collect and administer the municipal business net profit tax returns.  She added that by joining the coalition, the City would benefit from any temporary injunction obtained.

Mrs. ELMORE moved to authorize the Law Director to engage Frost Todd Brown for purposes of challenging the constitutionality of HB49 and to appropriate $4,000 for such outside legal fees.  Roll call:  Boellner, Buehrer, Elmore, Kissinger, Pauken and Wagener (6) voting yea; Hazard (1) voting nay; the Chair declared the motion carried by a vote of 6-1.

 

A letter from the Service Director requesting an agreement for replacement of the message board at the Maumee Senior Center was read.  He stated that the message board will be the same size as the existing with internal illumination to display the static letters.

Mr. HAZARD moved to order emergency legislation approving an agreement with Toledo Sign in an amount not to exceed $6,971 for replacement of the message board at the Maumee Senior Center.  Roll call:  All members present voting yea, the Chair declared the motion carried.


A letter from the Service Director requesting approval for plumbing repairs to the Wolcott House complex was read.  He stated that during plumbing repairs it was noted that the soil stack has rotted out in the structure that houses the Maumee Memorabilia Museum.

Mr. WAGENER moved to order emergency legislation approving a proposal from Dave Satterthwaite in the amount of $2,000, plus $500 for contingencies, for plumbing repairs at the Wolcott House Museum.  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 Memorandum of Agreement with ODOT relative to the use of ODOT salt brine for ice and snow removal was read.  He stated that this will give the Service Department the capabilities to start experimenting with the latest state of the art snow and ice removal tools and learn how this tool could help make snow and ice removal more efficient and reduce the City’s raw material costs.

Mr. PAUKEN moved to order emergency legislation approving a Memorandum of Agreement with ODOT relative to the use of ODOT salt brine for ice and snow removal for the 2017-2018 season.   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 utilizing State Term Schedule for the replacement of a Combination Sewer Unit was read.  He stated that this vehicle was authorized in the 2017 Capital Budget.

Mr. KISSINGER moved to order emergency legislation approving a contract utilizing State Term Schedule with Best Equipment in the amount of $322,238.59 for the replacement of a Combination Sewer Unit.   Roll call:  All members present voting yea, the Chair declared the motion carried.

 

A letter from the Fire Chief requesting to ratify an agreement for repairs to the water heater pump at Fire Station #1 was read.  He stated that the pump was an emergency repair and should extend the life of the pump for five or more years.

Mr. BOELLNER moved to order emergency legislation ratifying an agreement with Dunbar Mechanical in the amount of $4,747 relative to repairs to the water heater pump at Fire State #1.   Roll call:  All members present voting yea, the Chair declared the motion carried.

 

A letter from the Acting Police Chief requesting that two (2) Police vehicles be declared as surplus was read.  He requested that two Dodge Avengers (VIN #1B3CC5FV1AN201772 and #1B3CC5FV6AN204327) be deemed as surplus and sold.

Mr. WAGENER moved to order emergency legislation declaring two (2) Police vehicles as surplus.   Roll call:  All members present voting yea, the Chair declared the motion carried.

 

A letter from the Acting Police Chief requesting authorization for the purchase of Tasers for the Police Division was read.  He stated that the plan is to add six (6) Tasers to the Police equipment.

Mr. BUEHRER moved to order emergency legislation approving an agreement with Vance’s Law Enforcement in the amount of $7,180.38 relative to the purchase of six (6) Tasers for the Police Division.   Roll call:  All members present voting yea, the Chair declared the motion carried.

 

A letter from the Chief Building Official requesting amendments to the Maumee Codified Ordinance relative to updated Building Code was read.  He stated that the State of Ohio mandates all Certified Building Departments adopt the current codes to remain in compliance with all regulations as mandated through the Department of Commerce.  He added that he has requested a change to the Code language in Part Thirteen, Chapters 1315, 1317, 1319 and 1321 which will automatically adopt the current codes as required by the State of Ohio in the future.

Mr. KISSINGER moved to order emergency legislation authorizing amendments to certain sections within Chapter 13 to reflect automatic updates of the State Code.   Roll call:  All members present voting yea, the Chair declared the motion carried.

 

President Buehrer stated that the Committee of the Whole met and reviewed items on the agenda including Item E relating to audit services, Item F relating to outside legal counsel to oppose HB49, Item G relating to the message board at the Senior Center, Item H relating to plumbing repairs at the Wolcott House Museum, Item I relating to an agreement with ODOT for use of salt brine and Item J relating to a replacement Combination Sewer Unit.

 

Mr. Pauken congratulated the Fire Division for their BBQ fundraiser on Saturday.

Fire Chief Loboschefski added that the staff worked very hard and it was a very successful fundraising opportunity for the Firefighting Association.  He stated they hope to try it again next year.

 

Mr. Hazard asked the Mayor for an update on the audit that was requested at the Special Council meeting in September.

The Mayor stated that he spoke with the state auditor and has been following up with the local office of the state auditor.  He added that after several correspondence from the Court’s Clerk, Mr. Frey, it seems that the Court is moving forward with a private audit firm, even after they were requested to reconsider and allow the state auditor’s office fraud division to do the audit, as was requested by Council.  Discussion followed.

 

Legislation was considered at this time.

 

RESOLUTION NO.                182 --  2017                                       ACCEPTING THE AMOUNTS AND RATES AS DETERMINED BY THE BUDGET COMMISSION AND AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING THEM TO THE COUNTY AUDITOR.

The Clerk read the Resolution by title only.

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

So the Resolution was passed.

 

RESOLUTION NO.                183 --  2017                                       PROVIDING FOR A TAX LEVY IN ACCORDANCE WITH THE PROVISIONS OF SECTION 2 OF ARTICLE X OF THE CHARTER OF THE CITY OF MAUMEE, OHIO.

The Clerk read the Resolution by title only.

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

So the Resolution was passed.

 

RESOLUTION NO.                184 --  2017                                       REQUESTING THE AUDITOR OF LUCAS COUNTY, OHIO, FOR ADVANCE PAYMENTS OF THE 2018 COLLECTION OF TAXES DUE THE CITY OF MAUMEE, OHIO.

The Clerk read the Resolution by title only.

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

So the Resolution was passed.

 

ORDINANCE NO.                 185 --  2017                                       AUTHORIZING CONTRACT WITH DELL RELATIVE TO RENEWAL OF DELL VERITAS BACKUP EXEC SYSTEM SOFTWARE AND SUPPORT LICENSE FOR VARIOUS DEPARTMENTS OF THE CITY OF MAUMEE, AND DECLARING 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, Elmore, Hazard, Kissinger, Pauken and Wagener (7) voting yea; nays, none.

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

So the Ordinance was passed.

 

ORDINANCE NO.                 186 --  2017                                       AUTHORIZING A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF MAUMEE, THE AUDITOR OF THE STATE OF OHIO, AND JAMES G. ZUPKA CPA, INC., RELATIVE TO PROVISION OF AUDIT SERVICES FOR THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only.

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

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

So the Ordinance was passed.

 

ORDINANCE NO.                 187 --  2017                                       AUTHORIZING CONTRACT WITH TOLEDO SIGN RELATIVE TO PURCHASE AND INSTALLATION OF A REPLACEMENT MESSAGE BOARD AT THE MAUMEE SENIOR CENTER IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only.

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

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

So the Ordinance was passed.

 

ORDINANCE NO.                 188 --  2017                                       AUTHORIZING AN AGREEMENT WITH DAVID SATTERTHWAITE PLUMBING COMPANY RELATIVE TO PLUMBING REPAIRS AT THE WOLCOTT HOUSE COMPLEX, 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, Elmore, Hazard, Kissinger, 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, Hazard, Kissinger, Pauken and Wagener (7) voting yea; nays, none.

So the Ordinance was passed.

 

ORDINANCE NO.                 189 --  2017                                       AUTHORIZING MEMORANDUM OF AGREEMENT WITH THE STATE OF OHIO DEPARTMENT OF TRANSPORTATION FOR USE OF ODOT SALT BRINE FOR ICE AND SNOW REMOVAL, 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, Hazard, Kissinger, 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, Hazard, Kissinger, Pauken and Wagener (7) voting yea; nays, none.

So the Ordinance was passed.

 

ORDINANCE NO.                 190 --  2017                                       AUTHORIZING CONTRACT WITH BEST EQUIPMENT FOR THE PURCHASE OF A COMBINATION SEWER CLEANER TRUCK FOR THE DEPARTMENT OF PUBLIC SERVICE, 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, Hazard, Kissinger, 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, Hazard, Kissinger, Pauken and Wagener (7) voting yea; nays, none.

So the Ordinance was passed.


ORDINANCE NO.                 191 --  2017                                       RATIFYING A CONTRACT WITH DUNBAR MECHANICAL RELATIVE TO REPAIRS TO THE WATER HEATER PUMP AT FIRE STATION #1 IN 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, Hazard, Kissinger, 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, Hazard, Kissinger, Pauken and Wagener (7) voting yea; nays, none.

So the Ordinance was passed.

 

ORDINANCE NO.                 192 --  2017                                       DECLARING CERTAIN PROPERTY OF THE CITY OF MAUMEE TO BE SURPLUS, AUTHORIZING DISPOSAL OF SAME, AND DECLARING 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, Elmore, Hazard, Kissinger, Pauken and Wagener (7) voting yea; nays, none.

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

So the Ordinance was passed.

 

ORDINANCE NO.                 193 --  2017                                       AUTHORIZING AGREEMENT WITH VANCE’S LAW ENFORCEMENT RELATIVE TO THE PURCHASE OF TASERS FOR THE DIVISION OF POLICE OF THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only.

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

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

So the Ordinance was passed.

 

ORDINANCE NO.                 194 --  2017                                       AMENDING THE MAUMEE REVISED CODE RELATIVE TO PROPOSED CHANGES TO THE BUILDING, PLUMBING, MECHANICAL AND ELECTRICAL CODES, AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only.

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

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

So the Ordinance was passed.

 

ORDINANCE NO.                 195 --  2017                                       APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS PURPOSES.

The Clerk read the Ordinance by title only.

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

So the Ordinance was passed.

 

Mr. PAUKEN moved to adjourn at 8:23 p.m. until 7:00 p.m. Monday, November 6, 2017.  Motion carried v.v.

 

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