MAUMEE CITY COUNCIL
April 1 and 15 (Regular) April 4 and 5 (Special), 2019
MINUTES

7:30 p.m. Monday, April 1, 2019

COMMITTEE OF THE WHOLE

MINUTES

Monday, April 1, 2019 at 7:00 p.m.

 

City of Maumee Facebook page presentation by Curt Smith, IT Manager.

 

President Pauken stated that Mr. Buehrer will need to abstain on Item A-1 relative to Rolf Park Pool employees, due to a conflict of interest.

 

President Pauken stated that Mr. Wagener will need to abstain on Item A-2 relative to the re-appointment of Jacqueline Wagener to the Records Commission, due to a conflict of interest.

 

President Pauken stated that if Mr. Boellner does arrive for the meeting tonight, he will need to abstain on Item H relative to the purchase of a lawnmower, due to a conflict of interest.

 

The Mayor clarified that with regard to Item A-1, every applicant was hired.

The Service Director added that he was notified over the weekend that Abigail O’Hair would not be returning this year as an Assistant Pool Manager and that Cori Wagner would be replacing her.

 

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

 

Mr. Buehrer asked whether he needs to abstain on Item F, relative to purchase of ODOT salt, since his company has done work with ODOT.

The Law Director responded that since this is just a price they put out to all municipalities to determine what quantities everyone would like to participate at, she does not see it as a conflict of interest, but she will leave that decision up to him.

Mr. Buehrer stated that he would abstain on this matter.

 

Mrs. Elmore stated that during Communications she plans to make a motion to refer back to Parks & Recreation Committee the matter of Rolf Park Pool policies, which was accidently taken out of Committee back in December when Council members updated the Committee Activity Report.

 

Mr. Kissinger had a question relative to Item D, a request to increase the Municipal Court Clerk’s salary.  He asked whether the Court was still in a deficit.

The Law Director responded that the Finance Director included a letter certifying that the Court was still in a deficit.

Discussion was held.

 

Mr. WAGENER moved to adjourn to Executive Session at 7:15 p.m. to discuss the employment (retirement) of the City Administrator/Safety Director.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

Mr. BUEHRER moved to return from Executive Session at 7:35 p.m.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

There being no further business to discuss, the meeting adjourned at 7:36 p.m.


MAUMEE CITY COUNCIL

MINUTES

Monday, April 1, 2019 at 7:30 p.m.

 

The Council of the City of Maumee, Ohio, met on the above date with the following members present: Brent Buehrer, Tracey Elmore, Dave Kissinger, Scott Noonan, Timothy Pauken and Thomas Wagener, Jr. (6); John Boellner (1) excused.

Mayor Richard Carr presiding.

 

Mr. PAUKEN moved to approve the minutes of the March 18, 2019 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 2019 Rolf Park Pool employees was read.  All applicants were hired.

Mr. WAGENER 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.

Mr. WAGENER moved to confirm the appointments of 2019 Rolf Park Pool seasonal employees for the 2019 season.  Roll call:  Elmore, Kissinger, Noonan, Pauken and Wagener (5) voting yea; Buehrer (1) abstaining; the Chair declared the motion carried by a vote of 5-0.

 

A letter from the Mayor re-appointing Jacqueline Wagener to the Records Commission was read.

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

Mr. BUEHRER moved to confirm the re-appointment of Jacqueline Wagener to the Records Commission for an additional 2-year term ending December 31, 2020.  Roll call:  Buehrer, Elmore, Kissinger, Noonan, and Pauken (5) voting yea; Wagener (1) abstaining; the Chair declared the motion carried by a vote of 5-0.

 

A letter from the Mayor appointing Joseph Camp, Acting Administrator, to the MMT JEDZ Board replacing John Jezak as the City’s representative was read.

Mr. NOONAN moved to confirm the appointment of Joseph Camp, Acting Administrator, to the MMT JEDZ Board as the City’s representative.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

A letter from the Mayor requesting referral of the matter of compensation for Volunteer Fire/EMS to the Finance Committee was read. 

Mrs. ELMORE moved to refer the matter of compensation for Volunteer Fire/EMS to the Finance Committee.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

Notice from the Ohio Division of Liquor Control on annual Permit Renewal applications for the City of Maumee was presented.

Mr. KISSINGER moved to place the report on file.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

A letter from the Law Director requesting authorization to establish compensation for the Municipal Court Clerk was read.

Mr. PAUKEN moved to order emergency legislation to authorize compensation for the Municipal Court Clerk. 

Mr. Kissinger stated that it was important to note that the Court is still in well over a $450,000 deficit.  He added that he is confident that they will continue to come out of that deficit, but he believes in abundance of caution and urged his fellow councilmembers to consider the compensation of $65,000, current compensation of $70,000 and to decline this request for an additional $5,000.


Mr. Buehrer stated that while he respects Mr. Kissinger’s comments, he noted that the deficit in the four previous years under the previous leadership averaged $802,450, and last year the Court was at $469,000, which was approximately $333,000 less and the lowest deficit that the Court has had in about 15 years.

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

 

A letter from the Law Director requesting authorization to name the Municipal Clerk as the Mayor and Council’s designee for Public Record training was read.

Mrs. ELMORE moved to order emergency legislation naming the Municipal Clerk of Council as designee for Public Record training.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

A letter from the Service Director requesting authorization of an agreement to participate in ODOT’s annual salt bids for the 2019/2020 winter season was read.

Mr. PAUKEN 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.

Mr. PAUKEN moved to order emergency legislation to authorize the Service Department to enter into a participation agreement with ODOT for the provision of securing road salt for the 2019-2020 winter season.  Roll call:  Elmore, Kissinger, Noonan, Pauken and Wagener (5) voting yea; Buehrer (1) abstaining; the Chair declared the motion carried by a vote of 5-0.

 

A tabulation of bids received by the Service Director relative to the 2019 Tree Planting Program was read.

Mr. KISSINGER moved to order emergency legislation to declare the bid of Malczewski Lawn Care LLC as the lowest and most responsive and to approve a contract in the amount of $36,862.00 relative to the 2019 Tree Planting Program.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

A letter from the Service Director requesting approval of a purchase agreement for a Grasshopper Lawnmower utilizing H.B. 204 was read.

Mr. WAGENER moved to order emergency legislation approving a purchase agreement with A. J. Boellner, Inc. in the amount of $15,525.00 for a Grasshopper Lawnmower utilizing H.B. 204 for the Division of Sewers.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

A letter from the Commissioner of Public Service requesting referral of the matter of the 2019 Paving Program to the Streets Committee was read.

Mr. BUEHRER moved to refer the matter of the 2019 Paving Program to the Streets Committee.  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 to purchase a mower was read.

Mr. NOONAN moved to order emergency legislation approving a contract with Baker Vehicle Systems in the amount of $102,568.00 for the purchase of a Jacobsen Rotary Mower.   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 to purchase a Ford Transit 350 van was read.

Mrs. ELMORE moved to order emergency legislation approving a contract with Brondes Ford Lincoln of Maumee in the amount of $38,641.12 for the purchase of a Ford Transit 350 van for the Water Division.   Roll call:  All members present voting yea, the Chair declared the motion carried.

A letter from the Chief Building Official requesting referral of the matter of text amendments to the Codified Ordinance to the Municipal Planning Commission was read.

Mr. KISSINGER moved to refer the matter of text amendments to the Codified Ordinance to the Municipal Planning Commission.   Roll call:  All members present voting yea, the Chair declared the motion carried.

A letter from the Chief Building Official requesting approval of a zone change for 2323 River Road was read.

Mr. BUEHRER moved to order legislation to amend the zoning map for 2323 River Road from C-1 to R-3, as recommended by the Maumee Planning Commission.   Roll call:  All members present voting yea, the Chair declared the motion carried.

A letter from the Police Chief requesting authorization of agreements for Safety City teachers was read.

Mr. NOONAN moved to order emergency legislation authorizing an agreement with Leanne Stevens in the amount of $1,600 for Safety City teaching services.  Roll call:  All members present voting yea, the Chair declared the motion carried.
Mr. NOONAN moved to order emergency legislation authorizing an agreement with Jennifer Ripmaster in the amount of $1,600 for Safety City teaching services.  Roll call:  All members present voting yea, the Chair declared the motion carried.

A letter from the Police Chief requesting authorization to apply for the 2019-2020 Drug Use Prevention Program Grant was read.

Mr. WAGENER moved to order legislation authorizing the Mayor and Municipal Clerk to apply for and accept funds relative to the 2019-2020 Drug Use Prevention Program Grant.  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 interpreter services was read.

Mr. PAUKEN moved to order emergency legislation approving a contract with International Institute for interpreter services.  Roll call:  All members present voting yea, the Chair declared the motion carried.

The previously tabled matter of donating an ambulance to Owens Community College was presented.

Mr. KISSINGER moved to table indefinitely.   Roll call:  All members present voting yea, the Chair declared the motion carried.

 

President Pauken stated that the Committee of the Whole met and heard a presentation from the IT Manager relative to a City Facebook page; reviewed items on the agenda including Items A-1, A-2, F and H, which dealt with members needing to abstain; Mrs. Elmore stated she would make a motion to refer the matter of Rolf Park Pool policies back to the Parks and Recreation Committee; Mr. Kissinger expressed his opinion on the request for increase in compensation for the Clerk of Court (Item D); the Service Director noted that an Assistant Manager would not be returning to Rolf Park Pool this year; and adjourned to Executive Session to discuss the employment (retirement) of the City Administrator/Safety Director.

 

Mrs. Elmore read the following report from the Public Information Committee meeting:

 

Public Information Committee

 

               The Public Information Committee meeting met on March 19, 2019 at 3:00 pm in Council Chambers with proper notice given to the public.  In attendance were Tracey Elmore, Chair;  Brent Buehrer and David Kissinger, Committee members; Amy Clocksin (Police Division), Leslie Lipper and Joe Camp (Service Dept.), Deb Cartledge (Finance Dept.), Beth Tischler (Law Dept.), Helen Good (Dept. Secretary), Curt Smith (IT), Jim Heckman and Todd Walborn (Water Division).

               The matter to be addressed was the formation of the official City of Maumee Facebook page. 

Curt Smith presented the unpublished version of the Facebook page, which included examples of posts, how the page would be associated with other relevant pages (i.e.  Fire, Police, ODOT, etc.), where the social media policy and current events would be posted, as well as a button to contact the City with any questions.

               Law Director Beth Tischler presented a draft of the City of Maumee Social Media Policy/Notice that would be utilized by the Facebook page.   This document clearly states the boundaries and limitations of the page and all posts/comments contained.  A small edit was made in the document stating that the City would respond to questions, not comments, within 2 business days.


            A lively discussion followed including who and how comments would be handled as a result of a post by one of the administrators of the page.  It was decided that for the first 60 days all comments would be subject to approval.  The approval process would be conducted mainly by Helen Good, Department Secretary, weekdays between 8:00-4:30 pm, along with the monitoring of questions received and routed to the appropriate department for a response.  After the 60-day trial period, it will be decided if this needs to continue.

               The other hot topic was how and when to edit comments that are not clearly helpful to the post.  It was determined that the social media policy clearly states that “comments should remain relevant to the topic at hand”.   Commenting by elected officials was also addressed and the consensus was that they should abstain in most circumstances, as the page is to be representative of the City and not its elected officials.

               Posts on weekends and after hours could be made by an authorized user from the Service Department or Dispatch, if necessary, in the case of emergencies (i.e., water main break, utility, or safety emergency). 

               It was then decided that after the page goes live that this Committee will meet again after a period of 60 days to report on the activity the page generated and make any suggestions, if needed, for changes.   It was agreed that a presentation to the Committee of the Whole, and the public, at the next scheduled Council meeting on April 1st would be appropriate to garner feedback from the remaining Council members.  At that time we would entertain the motion to approve the page and go forward with publishing it on April 2nd.

               Mr. Buehrer made a motion to accept the Social Media Policy, as amended.  Motion carried 3-0.  Meeting adjourned at 3:42 pm.

Respectfully submitted,

Tracey Elmore, Chair

Brent Buehrer, Member

Dave Kissinger, Member

 

Mrs. ELMORE moved to order emergency legislation adopting a Social Media policy.  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.

 

Jaimie Deye, 601 E. William Street, Kristine Ludwig, 419 E. John Street, and Margo Puffenberger, 318 W. Harrison Street, members of Clear Vision for Maumee (CV4M), an ad hoc group of citizens interested in providing good planning, seeking to help our community become both more proactive and positive in planning for its future, and less reactive or negative as the City grows and changes.  Ms. Deye explained that they recently submitted a prospectus for the City’s review.  She added that they request that Council hold a special Council meeting before the next planned meeting to address issues outlined in their prospectus.

 

The Law Director gave an update with regard to a request by the Land Use & Zoning Committee for additional information regarding the zoning at the Mall.  She stated that they now have that information compiled and are ready to present whenever that Committee is ready to meet.

 

The Mayor stated that after discussions with Mr. Noonan, it is his intention to hold a Special Meeting to discuss issues addressed by Clear Vision for Maumee.

 

Mrs. Elmore thanked members of Clear Vision for their presentation and stated that she looked forward to the Special Meeting and to move matters forward.

 

Mrs. Elmore explained that back in the fall there were some safety concerns brought up about some Rolf Park Pool policies.  It was agreed to meet again in the spring to address those concerns.  She added that unfortunately this topic was mistakenly removed from the Committee Activity Report in December.

Mrs. ELMORE moved to refer the matter of Rolf Park Pool policies back to the Parks & Recreation Committee.  Roll call:  All members present voting yea, the Chair declared the motion carried.

Mrs. Elmore added that this meeting would be held this Friday, April 5th at 1:00 p.m.

 

Mr. Noonan thanked members from Clear Vision for Maumee for attending tonight and stated that he also looked forward to seeing this vision move forward.

 

Mr. Buehrer stated that he believes the City is almost ready to launch OhioCheckbook.com.

The Finance Director stated that they needed to wait until the end of the last quarter and will now be ready to begin working on that project.

 

Legislation was considered at this time.

 

ORDINANCE NO.                 046 – 2019                                        ESTABLISHING COMPENSATION FOR THE MUNICIPAL COURT CLERK IN ACCORDANCE WITH O.R.C. §1901.31(C)(1) FOR FISCAL YEAR 2019, 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:  Buehrer, Elmore, 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:  Buehrer, Elmore, Kissinger, Noonan, Pauken and Wagener (6) voting yea; nays, none.

So the Ordinance was passed.

 

RESOLUTION NO.                047 – 2019                                        A RESOLUTION DESIGNATING THE CLERK OF COUNCIL AS THE MAYOR AND CITY COUNCIL’S DESIGNEE TO ATTEND TRAINING PROGRAMS AND SEMINARS ABOUT THE PUBLIC RECORDS LAW AS REQUIRED BY OHIO REVISED CODE SECTION 109.43, AND DECLARING AN EMERGENCY.

The Clerk read the Resolution by title only.

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

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

So the Resolution was passed.

 

ORDINANCE NO.                 048 – 2019                                        AUTHORIZING DEPARTMENT OF PUBLIC SERVICE TO PARTICIPATE IN THE OHIO DEPARTMENT OF TRANSPORTATION (ODOT) ANNUAL WINTER ROAD SALT BID, 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:  Elmore, Kissinger, Noonan, Pauken and Wagener (5) voting yea; nays, none; Buehrer (1) abstaining.

Mr. PAUKEN moved the ordinance be placed on its final passage and passed.  Roll call:  Elmore, Kissinger, Noonan, Pauken and Wagener (5) voting yea; nays, none; Buehrer (1) abstaining.

So the Ordinance was passed by a vote of 5-0.

 

ORDINANCE NO.                 049 – 2019                                        ACCEPTING BID FOR IMPROVEMENT OF VARIUS STREETS IN THE CITY OF MAUMEE BY THE PLANTING OF TREES, AUTHORIZING EXECUTION OF AGREEMENT, 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:  Buehrer, Elmore, Kissinger, Noonan, Pauken and Wagener (6) voting yea; nays, none.

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

So the Ordinance was passed.


ORDINANCE NO.                 050 – 2019                                        AUTHORIZING PURCHASE OF GRASSHOPPER LAWNMOWER FOR THE DEPARTMENT OF PUBLIC SERVICE, AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only.

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

So the Ordinance was passed.

 

ORDINANCE NO.                 051 – 2019                                        AUTHORIZING PURCHASE OF ROTARY LAWNMOWER FOR THE DEPARTMENT OF PUBLIC SERVICE, 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:  Buehrer, Elmore, 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:  Buehrer, Elmore, Kissinger, Noonan, Pauken and Wagener (6) voting yea; nays, none.

So the Ordinance was passed.

 

ORDINANCE NO.                 052 – 2019                                        AUTHORIZING PURCHASE OF VAN FOR THE WATER DIVISION, DEPARTMENT OF PUBLIC SERVICE, 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:  Buehrer, Elmore, 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:  Buehrer, Elmore, Kissinger, Noonan, Pauken and Wagener (6) voting yea; nays, none.

So the Ordinance was passed.

 

ORDINANCE NO.                 053 – 2019                                        AMENDING THE ZONING CODE MAP OF THE CITY OF MAUMEE, OHIO.

The Clerk read the Ordinance by title only.

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

So the Ordinance was passed.

 

ORDINANCE NO.                 054 – 2019                                        AUTHORIZING CONTRACTS RELATAIVE TO RENDERING TEACHING SERVICES FOR THE DIVISION OF POLICE, SAFETY CITY PROGRAM, IN THE 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:  Buehrer, Elmore, 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:  Buehrer, Elmore, Kissinger, Noonan, Pauken and Wagener (6) voting yea; nays, none.

So the Ordinance was passed.

 

RESOLUTION NO.                055 – 2019                                        AUTHORIZING THE MAYOR AND MUNICIPAL CLERK TO FILE AN APPLICATION WITH THE OHIO ATTORNEY GENERAL TO PARTICIPATE IN THE OHIO DRUG USE PREVENTION SPECIAL GRANT PROGRAM, AUTHORIZING ACCEPTANCE OF GRANT.

The Clerk read the Resolution by title only.

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

So the Resolution was passed.


ORDINANCE NO.                 056 – 2019                                        AUTHORIZING AGREEMENT WITH THE INTERNATIONAL INSTITUTE RELATIVE TO CITY OF MAUMEE MUNICIPAL COURT INTERPRETER SERVICES, AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only.

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

So the Ordinance was passed.

 

ORDINANCE NO.                 057 – 2019                                        APPROVING A SOCIAL MEDIA POLICY AND PROCEDURE FOR 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:  Buehrer, Elmore, 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:  Buehrer, Elmore, Kissinger, Noonan, Pauken and Wagener (6) voting yea; nays, none.

So the Ordinance was passed.

 

ORDINANCE NO.                 058 – 2019                                        APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS PURPOSES.

The Clerk read the Ordinance by title only.

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

So the Ordinance was passed.

 

Mr. PAUKEN moved to adjourn at 8:20 p.m. until 7:00 p.m. Monday, April 15, 2019.  Motion carried v.v.

 

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3:30 p.m. Thursday, April 4, 2019 – Special Meeting

MAUMEE CITY COUNCIL

Special Council Meeting

April 4, 2019 - Minutes

3:30 p.m.

 

The Council of the City of Maumee, Ohio, met in special session in Council Chambers at the above time and date with the following members present:  John Boellner, Tracey Elmore, Dave Kissinger, Scott Noonan, Timothy Pauken and Thomas Wagener, Jr. (6); Brent Buehrer (1) excused.

Mayor Richard Carr presiding.

 

Mr. WAGENER moved to order emergency legislation authorizing the Law Director and Squire Patton & Boggs to cooperate and produce the requested documents for the Ohio Ethics Commission. 

Mrs. Elmore asked when the Subpoena was received by the Law Director.

The Law Director responded that the Subpoena was issued on March 22, 2019.  She explained the steps she took before seeking Council authorization.

 

Discussion followed.

 

Roll call:  Boellner, Kissinger and Wagener (3) voting yea; Elmore, Noonan and Pauken (3) voting nay; the Chair declared the motion a tie.

 

The Mayor stated that the motion failed and asked for adjournment.

 

Mr. Kissinger called for point of order stating that it is a tie vote and under the Charter, and under the Mayor’s conflict, the Mayor is not able to make any decision regarding this matter. 

The Mayor responded that this was well stated and he thanked Mr. Kissinger.

The Mayor asked the Law Director to advise.

The Law Director responded that she would concur, that the Mayor is not able to break the tie vote.  She added that Mr. Pauken, as Acting Mayor, would not get a second vote.  She reviewed Council Rules regarding the Chair’s power to vote. She stated that if Councilmember Pauken issued his vote in his capacity as a Council member, he cannot vote twice.  Therefore, there are only six eligible votes, and it would be a tie.

The Law Director asked Mr. Kissinger if he was requesting a re-vote in light of the tie.

Mr. Kissinger responded that he was stating simply that the matter has not been determined because there is no break of the tie.  And in the absence of a break of the tie, the action is not adopted.

The Law Director responded that he was correct.  It’s not that it failed but that the vote is insufficient.

Mr. Kissinger offered additional discussion on the topic and conflict concerns.

Mr. Kissinger agreed and added that he would suggest that in the absence of the authority and of the conflict of interest, that the individual that called the meeting to order did so in violation of the Charter of the Maumee, and thereby, the meeting itself is null and void and the Chair, and any action taken by the Chair, or decision by the Chair, would also be considered null and void as well.

The Law Director stated that she can review and issue an opinion if that is his request.

Mr. Kissinger stated that it was.

 

Mrs. Elmore stated that there was a motion to adjourn.

 

The Mayor stated there was a motion on the floor and to call the roll.

 

Mr. Kissinger asked for point of order.

 

The Mayor said to go ahead.

 

Mr. Kissinger stated that according to the Charter of the City of Maumee, Article 3, Section 6, “. . . At any meeting at which a quorum is present, any ordinance or resolution may be passed or adopted or any other action may be taken by the affirmative votes of a majority of the members of the Council present . . .” 

Mr. KISSINGER moved to make a motion to the question of shall the decision of the Chair stand as the decision of Council.

Mr. Pauken asked what the question was.

Mr. Kissinger responded that it was the decision of the Chair to call and recognize the motion to adjourn.

Discussion was held.

The Law Director stated that while she did understand the point Mr. Kissinger was trying to make, she did not see a problem with the Mayor requesting adjournment.

 

The meeting was adjourned at 3:45 p.m.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

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6:00 p.m. Friday, April 5, 2019 – Special Meeting

MAUMEE CITY COUNCIL

Special Council Meeting

April 5, 2019 - Minutes

6:00 p.m.

 

The Council of the City of Maumee, Ohio, met in special session in Council Chambers at the above time and 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.

 

The Mayor stated that the first item on the agenda related to the acceptance of an agreement relative to the retirement of the City Administrator.

The Law Director stated that there was no official letter to be read.  She briefly explained the request by stating that the agreement has been signed by both Mr. Jezak and his legal representative.

Mr. WAGENER moved to accept the retirement of Administrator John Jezak and authorizing separation agreement on behalf of the City of Maumee.   Roll call:  Boellner, Elmore, Kissinger, Noonan, Pauken and Wagener (6) voting yea; Buehrer (1) voting nay; the Chair declared the motion carried by a vote of 6-1.

 

Mr. Noonan read the following report from the Land Use & Zoning Committee meeting:

 

LAND USE & ZONING COMMITTEE

March 26, 2019

 

               The Land Use and Zoning Committee met on Tuesday, March 26, 2019 at 4:00 p.m.   Present for the meeting were Committee members Scott Noonan, Chair, and Tracey Elmore.   Committee member John Boellner was absent due to unexpected personal issue.   Also present at the meeting were Kristine Ludwig, Jaimie Deye, Margo Puffenberger, Jon Fiscus, Carrie Hartman, Amber Rathburn (Clerk), Joe Camp (Service Director), and Council member David Kissinger.  The topic of discussion for this meeting was funding for a Master Plan study.

               Clear Vision 4 Maumee (CV4M) founders Margo, Jaimie, and Kristine began the discussion by presenting their desire for the City to embark on a Master Plan.   They initially met with Mayor Carr. The first step would be to bring in two experts; one from a consulting firm in Portland, Oregon and the other from a firm in Columbus, OH.   These two experts would oversee two days’ worth of activity (May 22nd and May 23rd) that includes community presentations, meetings with city officials, etc.  Locations would include City Hall, Maumee Performing Arts Center, and Maumee Library.   It was then discussed that previous "master plans" were in the 1970s (comprehensive), 1990 (Arrowhead Park), and 1998 (Fallen Timbers).   Since master plans are generally more effective every ten years, Clear Vision 4 Maumee felt that this was the time to create a new Master Plan.

               Councilmember Elmore made the motion to enter into a contract regarding Master Plan presentations on May 22 and May 23, 2019.   Motion passed 2-0.  The meeting was adjourned at 4:31 p.m.

Respectfully submitted,

Scott Noonan, Chairman

John Boellner, Member

Tracey Elmore, Member

 

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

Mr. NOONAN moved to approve an agreement with Steven Ames Planning in an amount not to exceed $4,486 for professional consulting services relative to a Maumee Comprehensive Plan for the City of Maumee, Ohio; and MKSK in an amount not to exceed $3,000 relative to the Maumee Comprehensive Plan planning services. Roll call:  All members present voting yea, the Chair declared the motion carried.


Acting Mayor Pauken presented a request to withdraw the Compliance Review Complaint and Findings to the State Auditor and Ohio Ethics Commission.

Mr. NOONAN moved to rescind the motion of Councilman Boellner of January 7, 2019 directing the Law Director to send specific complaints to the Ohio Auditor of State’s Public Integrity Assurance Team. 

Mrs. Elmore read a statement relative to the motion presented.

Roll call:  Elmore, Noonan and Pauken (3) voting yea; Boellner, Kissinger and Wagener (3) voting nay; Buehrer (1) abstaining; the Chair declared the motion tied 3-3.

Mr. NOONAN moved to rescind the motion of Councilman Boellner of January 7, 2019 directing the Law Director to file specific complaints with the Ohio Ethics Commission.  Roll call:  Elmore, Noonan and Pauken (3) voting yea; Boellner, Kissinger and Wagener (3) voting nay; Buehrer (1) abstaining; the Chair declared the motion tied 3-3.

 

The Mayor stated the next item is a request to withdraw Mr. Pauken’s submission to the State Auditor and Ohio Ethics Commission.

Mr. PAUKEN moved to table the issue. 

The Law Director stated that in her earlier email to Council members, she indicated that Mr. Pauken did not have the action of Council to send the information; therefore, it was not necessarily required that Council take action in this matter.  She added that she did offer the caveat that those individuals specifically referenced in the complaint, that it would be her recommendation they abstain from acting on this topic.

Mr. Buehrer stated that he had no problem with this as long as the minutes from this Special Council meeting are sent to the Ethics Commission.  He stated that he would make such a motion at the next regular Council meeting.

Roll call:  Buehrer, Elmore, Noonan, Pauken and Wagener (5) voting yea; nays none; Boellner and Kissinger (2) abstained; the Chair declared the motion carried by a vote of 5-0.

 

Legislation was considered at this time.

 

ORDINANCE NO.                 059 – 2019                                        ACCEPTING RETIREMENT OF ADMINISTRATOR JOHN JEZAK AND AUTHORIZING SEPARATION AGREEMENT ON BEHALF OF 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.                 060 – 2019                                        AUTHORIZING AGREEMENT WITH STEVEN AMES PLANNING FOR PROFESSIONAL CONSULTING SERVICES RELATIVE TO A MAUMEE COMPREHENSIVE PLAN 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, 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.                 061 – 2019                                        AUTHORIZING AGREEMENT WITH MKSK FOR PROFESSIONAL CONSULTING SERVICES RELATIVE TO THE MAUMEE COMPRENEHSIVE PLAN, 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.

 

Mr. PAUKEN moved at 6:17 p.m. to adjourn until 7:00 p.m., Monday, April 15, 2019.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

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

7:30 p.m. Monday, April 15, 2019

COMMITTEE OF THE WHOLE

MINUTES

Monday, April 15, 2019 at 7:00 p.m.

 

President Pauken stated that Mr. Buehrer would be abstaining from Items E and H.

Mr. Buehrer asked that these two items be amended to read “…due to a perceived conflict of interest.”

 

President Pauken stated that Mr. Boellner would be abstaining from Item D relative to the purchase of a lawnmower from A. J. Boellner, Inc.

 

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

 

Mrs. Elmore asked for clarification on Items C, E and H.

The Service Director responded to Item C stating that apparently there have been several letters received asking for consideration of changing the alley between the Magic Wok and the Sunoco Station as a one-way.  He added that residents are utilizing that alley as a cut-through in order to bypass the traffic light.  He stated that once the matter is referred to a committee, it will be studied more thoroughly.

The Service Director responded to Item E stating that they have received a number of requests to look into turn lanes at different intersections uptown to make them all uniform.

The Law Director responded to Item H stating that this request is due to the closing on the sale of land to Monnette’s Market.

The Service Director explained how the alley currently runs stating that they are requesting that no buildable structure be allowed over that area.

 

Mr. Buehrer gave a brief update with regard to the Streets Committee report and asked if there were any questions on his report.

 

There being no further business to discuss, the meeting adjourned at 7:11 p.m.

 

MAUMEE CITY COUNCIL

MINUTES

Monday, April 15, 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 April 1, 2019 regular meeting and the April 4, 2019 and April 5, 2019 special meetings and approve the Minutes Journal.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

A letter from the Mayor requesting confirmation on the promotion of Paul LaPlante to the position of Sergeant was read.

Mr. NOONAN moved to confirm the promotion of Paul LaPlante to the position of Sergeant, Division of Police, Department of Public Safety, effective April 15, 2019. 

The Police Chief explained the process involved in this promotion and introduced and congratulated Mr. LaPlante on his well deserved promotion to Sergeant.

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


The Mayor congratulated Mr. LaPlante on his promotion and then publicly applauded the efforts by the Police Division regarding the recent car break-ins, which resulted in numerous arrests.

The Mayor read a letter received from a resident thanking the Police Division for pulling over her daughter for not using her turn signal and then issuing a ticket for not wearing her seatbelt.  She commended the Officer for doing his job.  He expressed his appreciation to the Police Division for always doing their job and again congratulated Mr. LaPlante on his promotion.

Mr. LaPlante thanked everyone for their support.

Chief Tullis presented Mr. LaPlante with his Sergeant badge.

The Mayor thanked all the Officers who attended this evening to show their support.

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

 

A letter from the Mayor appointing 2019 seasonal summer laborers was read.

Mrs. ELMORE moved to confirm the appointments of 2019 seasonal summer laborers.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

A letter from the Mayor requesting authorization to fill the Administrator / Safety Director position in accordance with the Hiring Policy was read.

Mr. BUEHRER moved to authorize filling the Administrator / Safety Director position in accordance with the Hiring Policy.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

The Annual Report from the Maumee Municipal Court was presented.

Mr. KISSINGER moved to place the report on file.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

A letter from the Mayor requesting referral of the matter of traffic in the alley between Conant and Gibbs Street to the Streets Committee was read. 

Mr. BOELLNER moved to refer the matter of traffic in the alley between Conant and Gibbs Street to the Streets Committee.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

A letter from the Service Director requesting approval of a purchase agreement for a Grasshopper Lawnmower utilizing H.B. 204 was read.

Mr. WAGENER moved to allow Mr. Boellner to abstain due to a conflict of interest.  Roll call:  Buehrer, Elmore, Kissinger, Noonan, Pauken and Wagener (6) voting yea; Boellner (1) abstaining; the Chair declared the motion carried by a vote of 6-0.

Mr. WAGENER moved to order emergency legislation approving a purchase agreement with A. J. Boellner, Inc. in the amount of $19,943.00 for a Grasshopper Lawnmower utilizing H.B. 204 for the Division of Natural Resources.  Roll call:  Buehrer, Elmore, Kissinger, Noonan, Pauken and Wagener (6) voting yea; Boellner (1) abstaining; the Chair declared the motion carried by a vote of 6-0.

 

A letter from the Service Director requesting referral of the matter of an Uptown Traffic Study to the Streets Committee was read.

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

Mr. PAUKEN moved to refer the matter of an Uptown Traffic Study to the Streets Committee.  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 Commissioner of Public Service requesting emergency River Road repairs was read.

Mr. WAGENER moved to order emergency legislation to waive the Purchase Policy Competitive Bid requirements and approve a contract with The Shelly Company in an amount not to exceed $93,525.60 relative to emergency River Road repairs.   

 

Mr. Buehrer asked whether Council should also approve the additional 10% contingency amount at this time.

Mr. WAGENER moved to amend his motion to waive the Purchase Policy Competitive Bid requirements and to authorize a 10% contingency with The Shelly Company in an amount not to exceed $93,525.60, give or take, relative to emergency River Road repairs, and to allow the Service Director to spend whatever amount is needed once repairs have begun.  

The Mayor explained that the only reason for waiving the bid requirement was that it would take too long to complete the process.

Mr. Kissinger asked whether there have been any thoughts as to a plan of action in case this event should occur again in the future.

Discussion was held.

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

A letter from the Law Director requesting approval of an escrow agreement for Side Cut Crossing was read.

Mr. NOONAN moved to order emergency legislation approving an escrow agreement for Side Cut Crossing.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

A letter from the Law Director requesting approval of an alley vacation and granting of a utility easement to Conant Street Investments LLC (dba Monnette’s Market) was read.

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

Mr. PAUKEN moved to order emergency legislation vacating an alley and accepting a utility easement relative to Lots 58, 59, 82 and 83 of the First Plat.  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 Finance Director requesting approval of a renewal agreement for Right Stuff timesheet software was read.

Mr. WAGENER moved to order emergency legislation approving a 3-year renewal agreement with Right Stuff Software Corporation in the monthly amount of $1,600 relative to Right Stuff timesheet software.   Roll call:  All members present voting yea, the Chair declared the motion carried.

A letter from the Police Chief requesting certain exercise equipment be declared as surplus was read.

Mrs. ELMORE moved to order emergency legislation to declare certain Police Division workout facility exercise equipment as surplus.   Roll call:  All members present voting yea, the Chair declared the motion carried.

A letter from the Police Chief requesting approval of contracts related to the purchase of four (4) new Police vehicles utilizing state bid pricing and preparation of old vehicles for disposal was read.

Mr. BOELLNER moved to order all necessary emergency legislation relative to the purchase of four (4) 2020 Ford Explorers utilizing state bid pricing and outfitting said vehicles.   Roll call:  All members present voting yea, the Chair declared the motion carried.
Mr. BOELLNER moved to order emergency legislation approving a contract with Brondes Ford of Maumee in the amount of $800 to remove decals from four (4) Police vehicles.  Roll call:  All members present voting yea, the Chair declared the motion carried.

Mr. WAGENER moved to add to the agenda the matter of Volunteer Firefighter staffing.  Roll call:  All members present voting yea, the Chair declared the motion carried.
Mr. WAGENER moved to refer the matter of Volunteer Firefighter staffing to the Safety Committee.  Roll call:  All members present voting yea, the Chair declared the motion carried.

President Pauken stated that the Committee of the Whole met and reviewed items on the agenda including Mr. Buehrer abstaining on Items E and H; Mr. Boellner abstaining from Item D; Mrs. Elmore had questions about Items C, E and H; Mr. Buehrer asked for any questions on his Streets Committee report.

 

Mr. Noonan read the following report from the Land Use & Zoning Committee meeting:

 

Land Use & Zoning Committee

 

               The Land Use and Zoning Committee met on Friday, April 5th, at 2:01 PM. Present for the meeting were Committee members Scott Noonan, Chair, Tracey Elmore, and John Boellner. Also present at the meeting was Councilmember Dave Kissinger; and Amber Rathburn (Municipal Clerk), Joe Camp (Maumee Public Service/Acting City Administrator), Beth Tischler (Law Director/Acting Safety Director) and Debra Cartledge (Finance Director). The topic of discussion for this meeting was in regards to the property around Fallen Timbers. 

               Discussion was held regarding follow-up questions/concerns that Mr. Camp and Mrs. Tischler wanted to address.  The Law Director provided a memo that indicated that the single family units would be excluded from TIF collection but may have indirect impact due to increased number of rooftops. In addition, the proposed apartments would be considered commercial development according to the TIF statute.  TIF proceeds generation would cease if they became condos/owner owned units. John Boellner asked for a quick overview of situation.  

               Councilmember Elmore made a motion to authorize the  building/inspection staff to make positive recommendation of the desired zoning changes to the Planning Commission. The motion passed 3-0 and the meeting was adjourned at 2:13.

Respectfully Submitted,

Scott Noonan, Chair

John Boellner, Member

Tracey Elmore, Member

 

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

 

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

 

Parks & Recreation Committee

 

               The Parks and Rec Committee met on Friday, April 5, 2019 at 1:00 pm in council chambers with proper notice given to the public.  In attendance were Tracey Elmore, chair; Scott Noonan and Tom Wagener (members), Joe Camp (Service Dept.), Amber Rathburn (Clerk), Beth Tischler (Law Director), David Tullis (Chief of Police) and Karen Brebberman (Rolf Park Pool Manager).

·        Matter to be discussed was the operation of the Rolf Park Pool for 2019.

               At the previous meeting on September 20, 2018 Chief Jim MacDonald had some suggestions regarding the operations of the pool for the 2019 season.   Chief Tullis addressed stated that the most common reason for police presence at the pool was for disorderly conduct and not following the rules.  He suggested that those patrons whose behavior was egregious enough to warrant removal from the park should receive a ticket for disorderly conduct and banned from returning for the season.   If they tried to return to the pool they would be arrested for criminal trespassing.

               Joe Camp offered the idea of a toddler time for mothers to bring their toddlers three years and younger for a special swim time prior to its opening up to the public on a daily basis.  That idea was not encouraged by Ms. Brebberman due to needing that time to properly open the pool and staff it.  The next idea was to designate Sundays for Maumee residents use only.   Other city pools also designate a day for their residents and it would be a positive way to let Maumee enjoy these facilities in a much less crowded manner.

               Next we discussed the current operating hours both daily and on weekends, with the operating hours being extended by one hour during the week to 6:45 pm.  Ms. Brebberman stated that due to staffing and the private pool parties held in the evenings, as well as for continuity, she would support adopting the operating hours of 12:00 – 5:45 pm every day.  The private pool parties would be scheduled in the evenings 6:30 – 8:30 pm.

               The last issue discussed was the enforcement of only allowing swim suit attire for those patrons who enter the water.  There is enough signage posted and employees are trained to inform the public.  Ms. Brebberman will research how other municipalities enforce this rule without being discriminatory to those that don’t identify as their given gender.

               There was a motion by Tom Wagener to designate Sunday pool hours strictly for residents in the Maumee corporation limits and school district as well as change the operating hours to 12:00 – 5:45 pm seven days a week.   Motion passed 3-0.    Meeting adjourned at 1:45 pm.

               Respectfully submitted,

               Tracey Elmore, Chairperson

               Scott Noonan, Member

               Tom Wagener, Jr., Member

 

Mrs. ELMORE moved to accept the report. 

Mr. Kissinger questioned the change in operating hours.

Mrs. Elmore responded that for continuity, they requested all hours be from 12:00-5:45p.m.

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

The Mayor asked whether the Police plan to continue their routine hourly stops at the pool this summer.

Chief Tullis responded that they do plan to continue.

 

Mr. Buehrer read the following report from the Streets Committee meeting:

 

Streets Committee

 

               On April 8, 2019 at 3:30 p.m. the Streets Committee of the Maumee City Council met in open session in the conference room adjacent to Council Chambers after proper notice given to the public.  Present at the committee meetings were: Brent Buehrer, John Boellner and Dave Kissinger of the committee; Service Director Joe Camp; Howard Brebberman Commissioner of the Service Department, Matt Milles Supervisor of Streets, Amber Rathburn Maumee Finance Department.

               During the committee meeting the following was discussed:

·        City of Maumee 2019 Paving Program.

·        Gibbs Street / Indiana Avenue Corridor Improvements

               Howard Brebberman gave the committee a report on this year’s paving program. (see attached 2-page report) The effected streets equal a total cost of $996,559.43. The committee had discussion and felt comfortable with the recommendations Howard Brebberman made.  A motion then followed to approve the Service Department recommended 2019 paving program. The motion past 3-0.

               The committee then listen to Joe Camp’s presentation of the Gibb Street at Indiana Avenue Abbreviated Safety Study Draft report dated June 8th, 2017.  Mr. Camp explained two options for possible improvements. Option #1 “Road Diet Solution” see (figure 3) concept plan page 8 of the report. This would make the intersection 2 lanes starting near the rail road tracks at Gibbs Street through the Indiana Ave intersection and going back to 3-lanes near Clinton Street. This would add additional parking on Gibbs Street. Total cost using year 2020 dollars would be $326,820. This would be mostly funded in a federal grant application. Cost to the City would be 20% engineering design fee, 50% contingency budget and 10% of actual construction budget.

               Option #2 was a hybrid of Option #1, adding a “Mini-Roundabout” see (figure 4) concept plan page 9 of the report. The mini-roundabout would have minimal right-of-way impact.  Total cost using year 2020 dollars would be $584,820. Similar to option #1 this would be mostly funded in a federal grant application. Cost to the City would be 20% engineering design fee, 50% contingency budget and 10% of actual construction budget. The difference in actual cost to the City from option #1 is around $25,000.

               The committee made a motion to allow the Service Department to make application for a federal grant, pursuing Option #2 “Mini-Roundabout” for the 2022 ODOT fiscal year. The motion past 3-0. The committee adjourned at 4:00pm.

This Report is respectfully submitted,

Brent Buehrer, Chairman

John Boellner, Member

David Kissinger, Member

 

Mr. BUEHRER moved to authorize the Service Department’s request for the 2019 Paving Program in the amount of $996,559.43.  Roll call:  All members present voting yea, the Chair declared the motion carried.

Mr. BUEHRER moved to allow the Service Department to make application for a federal grant, pursuing Option #2 “Mini-Roundabout” for the 2022 ODOT fiscal year. 

Mr. Noonan asked for clarification that this mini-roundabout would be ADA compliant, and was assured that it would be.

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

 

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

 

Mrs. Elmore stated that she noticed that regarding Item F and the request for an additional 10% allocation, the 10% contingency was already figured into the amount requested of $93,525.60.

Mrs. ELMORE moved to reconsider the emergency legislation.  Roll call:  All members present voting yea, the Chair declared the motion carried.

Mrs. ELMORE moved to order emergency legislation approving a contract with The Shelly Company in an amount not to exceed $93,525.60 relative to River Road repairs.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

Mrs. Elmore announced that this Saturday, April 20, 2019, they would be holding their first annual earth clean-up day event.  Interested individuals are to meet in the Municipal Building parking lot at 9:00 a.m.  The Mayor added that this is not a City event but rather a privately operated event with donated supplies being provided.

 

Legislation was considered at this time.

 

ORDINANCE NO.                 062 – 2019                                        AUTHORIZING PURCHASE OF GRASSHOPPER LAWNMOWER FOR THE DIVISION OF NATURAL RESOURCES, DEPARTMENT OF PUBLIC SERVICE, 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:  Buehrer, Elmore, Kissinger, Noonan, Pauken and Wagener (6) voting yea nays, none; ; Boellner (1) abstaining.

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

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

 

ORDINANCE NO.                 063 – 2019                                        WAIVING FORMAL BIDDING REQUIREMENTS DUE TO THE NEED FOR EMERGENCY REPAIRS TO RIVER ROAD; AUTHORIZING EXECUTION OF CONTRACT WITH THE SHELLY COMPANY, 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.

 

RESOLUTION NO.                064 – 2019                                        AUTHORIZING ESCROW AGREEMENT FOR SIDE CUT CROSSING IMPROVEMENTS IN ACCORDANCE WITH MAUMEE CODIFIED ORDINANCE 1169.03(d)(2), AND DECLARING AN EMERGENCY.

The Clerk read the Resolution by title only.

Mr. BUEHRER 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. BUEHRER 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.                 065 – 2019                                        VACATION OF CERTAIN ALLEY BETWEEN EAST BROADWAY STREET AND EAST WAYNE STREET BETWEEN CERTAIN POINTS AND ACCEPTING UTILITY EASEMENT FROM CONANT STREET INVESTORS, LLC PERTAINING TO SAME, IN THE CITY OF MAUMEE, LUCAS COUNTY, OHIO, 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, Elmore, Kissinger, Noonan, Pauken and Wagener (6) voting yea; nays, none; Buehrer (1) abstaining.

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

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

 

ORDINANCE NO.                 066 – 2019                                        AUTHORIZING RENEWAL AGREEMENT WITH RIGHT STUFF SOFTWARE CORPORATION RELATIVE TO UPGRADED TIMESHEET SCHEDULING SOFTWARE FOR THE CITY OF MAUMEE, 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, Kissinger, Noonan, 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, Kissinger, Noonan, Pauken and Wagener (7) voting yea; nays, none.

So the Ordinance was passed.

 

ORDINANCE NO.                 067 – 2019                                        DECLARING CERTAIN PROPERTY OF THE CITY OF MAUMEE, POLICE DIVISION, TO BE SURPLUS; AUTHORIZING DISPOSAL OF SAME, AND DECLARING 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, Elmore, Kissinger, Noonan, Pauken and Wagener (7) voting yea; nays, none.

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.

 

ORDINANCE NO.                 068 – 2019                                        AUTHORIZING PURCHASE OF VEHICLES FOR THE DIVISION OF POLICE, DEPARTMENT OF PUBLIC SAFETY, 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, Kissinger, Noonan, 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, Kissinger, Noonan, Pauken and Wagener (7) voting yea; nays, none.

So the Ordinance was passed.

 

ORDINANCE NO.                 069 – 2019                                        AUTHORIZING A CONTRACT WITH D.R. EBEL POLICE AND FIRE EQUIPMENT FOR REMOVAL AND INSTALLATION OF EQUIPMENT, NEW LIGHTING SYSTEMS, AND NEW PANASONIC MOBILE DATA TERMINALS RELATED TO THE PURCHASE OF NEW VEHICLES FOR THE DIVISION OF POLICE OF THE DEPARTMENT OF PUBLIC SAFETY, 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.                 070 – 2019                                        AUTHORIZING A CONTRACT WITH MOTOROLA SOLUTIONS, INC. FOR THE PURCHASE OF NEW MOBILE RADIOS FOR THE DIVISION OF POLICE, DEPARTMENT OF PUBLIC SAFETY, 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.                 071 – 2019                                        AUTHORIZING A CONTRACT WITH GRAFIX SHOPPE FOR THE INSTALLATION OF LETTERING ON NEW VEHICLES FOR THE DIVISION OF POLICE OF THE DEPARTMENT OF PUBLIC SAFETY, 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.                 072 – 2019                                        AUTHORIZING A CONTRACT WITH SYLVANIA AUTO RESTYLING & GLASS FOR BODY SIDE MOLDING FOR NEW VEHICLES IN THE DIVISION OF POLICE OF THE DEPARTMENT OF PUBLIC SAFETY, 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, 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.                 073 – 2019                                        AUTHORIZING A CONTRACT WITH BRONDES FORD FOR REMOVAL OF DECALS FROM VEHICLES IN THE DIVISION OF POLICE OF THE DEPARTMENT OF PUBLIC SAFETY, 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, Kissinger, Noonan, 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, Kissinger, Noonan, Pauken and Wagener (7) voting yea; nays, none.

So the Ordinance was passed.

 

ORDINANCE NO.                 074 – 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 8:28 p.m. until 7:00 p.m. Monday, May 6, 2019.  Motion carried v.v.