MAUMEE CITY COUNCIL
December 2, 16 and 27 (Special), 2019
MINUTES

7:30 p.m. Monday, December 2, 2019

COMMITTEE OF THE WHOLE

MINUTES

Monday, December 2, 2019 at 7:00 p.m.

 

President Pauken welcomed James Walter, Great Eastern Theatres, who introduced Tom Gillen as the new Maumee Indoor Theater Executive Director.

 

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

 

President Pauken asked the Law Director to explain her request (Item B) relative to the residual property and purchase agreement for the 20-A interchange.

 

There being no further business to discuss, the meeting adjourned at 7:08 p.m.

 

MAUMEE CITY COUNCIL

MINUTES

Monday, December 2, 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 Carr presiding.

 

Mr. BUEHRER moved to approve the minutes of the November 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 accepting the retirement of Joseph Camp as Service Director was read.

Mr. BUEHRER moved to confirm the retirement of Joseph Camp as Service Director effective January 31, 2020. 

Mr. Buehrer requested that Mr. Camp’s letter be read into the record.

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

 

A letter from the Law Director requesting authorization of sale to Dana and amendment to 20-A Partnership Agreement was read.

Mrs. ELMORE moved to order emergency legislation to authorize an amendment to the partnership agreement with the Board of Lucas County Commissioners and Toledo Lucas County Port Authority.  Roll call:  All members present voting yea, the Chair declared the motion carried.

Mrs. ELMORE moved to authorize the sale of residual property to Dana Incorporated in accordance with the purchase agreement and terms of the joint partnership agreement.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

A letter from the Finance Director requesting approval of maintenance agreements for the Certichex 32 Software and the folder / sealer machine was read.

Mr. KISSINGER moved to order emergency legislation approving agreements with Automated Business Machines, Inc. relative to maintenance of the Certichex 32 Software and folder / sealer machine.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

A letter from the Commissioner of Public Service requesting approval of a contract for a reservoir transducer and re-programming of the telemetry unit at the water pump station was read.

Mr. WAGENER moved to order emergency legislation approving a contract with Bergren Associates in an amount not to exceed $3,500.00 relative to a reservoir transducer and re-programming of the telemetry unit at the water pump station.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

President Pauken stated that the Committee of the Whole met and were introduced to the new Maumee Indoor Theater Executive Director, Thomas Gillen; and reviewed items on the agenda including Item B relative to the 20-A partnership agreement.

 

Mr. Wagener read the following report from the Code Committee meeting:

Code Committee Report

 

The Code Committees of the Maumee City Council met on November 25, 2019, at noon in open session in the conference room adjacent to council chambers after proper notice given to the public.  Present at the committee meeting were: Thomas Wagener Chair Code Committee; Scott Noonan and Brent Buehrer Committee members; Assistant Clerk Debra Cartledge; Law Director/Acting Safety Director Beth Tischler; Zack Jenkins CBO, Andy Glenn  Zoning and Community Improvement Assistant, Joseph Camp, Service Director/Acting Administrator of the Administration and Nancy Gagnet.  A quorum of the committee members was present. 

The Committee had two topics to discuss. 

                1.             Creation of an online Zoning Complaint Form.  Mr. Jenkins and Mr. Glenn along with Ms. Tischler explained this would be used to supplement existing sweeps, and telephone complaints.  All calls and complaints will be treated the same.  The form would be one more method of intake for complaints. Chair moved to adopt the form.  Motion Carried.

                2.             Creation of License Process for Towing services was discussed.  Acting Safety Director Tischler discussed that the Police Division currently use three towing companies.  In the last year some issues have arisen and we began to discuss a different method of engaging a towing company.  She had worked with the division of Police and have a few minor details relative to the proposed Chapter 307 but it is substantially complete.  Mr. Buehrer moved to approve the creation of Chapter 307 with any changes by the administration to be redlined when presented to council for final approval. Motion Carried.

                The Committee meeting was adjourned.

Respectfully submitted,

Thomas Wagener, Jr., Chair

Brent Buehrer, Member

Scott Noonan, Member

 

Mr. WAGENER moved to order legislation authorizing the use of Zoning Complaint form.  Roll call:  All members present voting yea, the Chair declared the motion carried.

Mr. WAGENER moved to order legislation authorizing creation of Chapter 307 Establishing Towing Procedures.  Roll call:  All members present voting yea, the Chair declared the motion carried.

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

 

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

 

MAUMEE CITY COUNCIL

FINANCE & ECONOMIC DEVELOPMENT REPORT

November 25, 2019

 

                On November 25th, 2019, at 12:30 p.m. the Finance Committee of the Maumee City Council held a meeting in open session in Council Chambers after proper notice given to the public.  Present at the Committee meeting were: Brent Buehrer, Chair of the Finance & Economic Committee; Council Committee Members Scott Noonan and Thomas Wagener Jr., Finance Director Debra Cartledge, Joe Camp Service Director and Acting Administrator, Beth Tischler Law Director & Acting Safety Director, Nancy Gagnet Maumee Mirror Newspaper reporter.  Discussed at the Meeting was as follows:

·         John Boellner’s November 12, 2019 Letter Requesting Stipend for acting Administration and Safety Director

The Finance Committee met at 12:30pm and adjourned for 3-minutes to get copies made of the Boellner letter then reajourned at 12:33pm. 

The committee reviewed Mr. Boellner’s letter and acknowledged that these positions were held by Mr. Camp and Mrs. Tischler for a period of time and that this stipend request is to recognize the multi duties performed and that this doesn’t represent an overall review of their job performance but the time in which they held the positions. The committee realizes there was some additional time commitment that occurred by the two individuals. Mr. Camp thought the amounts should be the same for both of them and zero dollars was a number the committee could consider. He asked what our value was for this period of time.

Mr. Buehrer suggested $7,500 stipends / onetime payments and Mr. Wagener thought $10,000 stipends / onetime payments would be more appropriate. The committee agreed that whatever the stipend / payment is it should occur in the 2019 calendar year. Mr. Noonan wanted to make sure that it was understood since it appears very promising that the city operational revenue for 2019 will have a surplus,  he felt good about doing a payment to the two employees and he supported $10,000 to each of them.

Mr. Buehrer said, to strive for unanimous support for the recognition of the payments to the Acting Administrator and Acting Safety Director he was going to acquiesce to Mr. Wagener’s recommendation of $10,000 so that there is harmony and a unanimous support within the committee.        

Mr. Wagener made the following motion: I make a motion to pay them both Acting Administrator and Acting Safety Director a stipend of $10,000 on this payroll year. Motion passed 3-0.

The committee adjourned at 12:43pm

Respectfully submitted,
Brent Buehrer, Chair
Scott Noonan, Member
Thomas Wagener, Jr., Member

 

Mr. BUEHRER moved to authorize a resolution providing a lump sum payment in the amount of $10,000 in calendar year 2019 to the Acting Administrator and Acting Safety Director.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

Mr. Kissinger suggested that relative to Paragraph 2, the word “readjourned” should be “re-convened” in order for the rest of the report findings to be legally authorized.

 

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

 

Point of Order by Mr. Kissinger requesting that Mr. Buehrer include “as amended” to the report.  Roll call:  Boellner, Elmore, Kissinger, Noonan, Pauken and Wagener (6) voting yea; Buehrer voting nay; the Chair declared the motion carried by a vote of 6-1.

 

Paul Lehman, 405 East Broadway, spoke about H.B. 413, Section A, which he felt was a threat to pregnant women.  He stated that the Bill criminalizes abortions.

 

Jim MacDonald, 2222 Linden Court, acknowledged Mr. Camp’s retirement stating that as a citizen, he believes the City has advanced as a community under Mr. Camp’s leadership and he thanked him for his service.

 

Mrs. Elmore recognized the Police Division, Chamber of Commerce, MUBA and everyone that was involved in managing the Holiday Light Parade events.  She also announced a fundraiser for Make-A-Wish on Saturday from 10 am until 4 pm at the Rec Center highlighting crafters as well as live performances.  She encouraged e everyone to attend.


Mr. Kissinger thanked Mr. Lehman for bringing the issue of H.B. 413 to Council’s attention.  He asked that Mr. Lehman be allowed to continue his discussion of the topic, utilizing some of Mr. Kissinger’s allotted time.

The Mayor responded that he did not believe this request was not in Council Rules.

Discussion followed.

The Mayor called Point of Order.

Mr. Kissinger called for Point of Order stating that this was his communication time and he would like to yield to Mr. Lehman if he would like to speak.

The Law Director stated that she did not see anything in Council Rules about allowing or not allowing this request.  She added that the clearer rule that might apply is to waive Council Rules to allow Mr. Lehman to exceed the three minute limit.

Mr. KISSINGER moved to waive the time limit for Mr. Lehman to conclude his statement on H.B. 413.  Roll call:  Buehrer, Kissinger, Noonan and Wagener (4) voting yea; Boellner, Elmore and Pauken (3) voting nay; the Chair declared the motion passed by a vote of 4-3.

Mr. Lehman continued his statement.

Mr. Kissinger asked to reclaim the balance of his time.  He thanked Mr. Camp for his years of service to the City.

 

Mr. Noonan thanked Mr. Camp for his efforts and selfless leadership.

 

President Pauken stated that along with the Holiday Light Parade, the City was also lucky to have the Ohio State Pep Band perform in the City on Friday night.

 

Mr. Boellner announced there is a Water & Sewer Committee meeting tomorrow at 9:00 a.m. in case anyone was interested in attending.  He also stated that the Old News Boys fundraiser was this week and that Mr. Noonan would be President of this group next year.

 

Mr. Buehrer commended Mr. Camp for all his hard work and efforts on behalf of the City of Maumee and wished him the best of luck and success in whatever future endeavors he chooses. 

 

Legislation was considered at this time.

 

ORDINANCE NO.                   269 – 2019                                           AUTHORIZING EXECUTION OF AMENDMENT TO JOINT COOPERATION AGREEMENT BETWEEN THE CITY OF MAUMEE, LUCAS COUNTY COMMISSIONERS AND THE TOLEDO LUCAS CONTY PORT AUTHORITY RELATIVE TO THE USE AND DISPOSITION OF PARCELS PURCHASED IN ANTICIPATION OF FUTURE IMPROVEMENTS TO I475/US 23,  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.                   270 – 2019                                           AUTHORIZING AGREEMENT WITH AUTOMATED BUSINESS MACHINES, INC., RELATIVE TO MAINTENANCE OF CERTICHEX 32 SOFTWARE IN 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.                   271 – 2019                                           AUTHORIZING AGREEMENT WITH AUTOMATED BUSINESS MACHINES, INC., RELATIVE TO MAINTENANCE OF A FOLDER-SEALER MACHINE 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, 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.                   272 – 2019                                           AUTHORIZING CONTRACT WITH BERGREN ASSOCIATES FOR THE PURCHASE OF A RESERVOIR TRANSDUCER AND RE-PROGRAMMING OF THE TELEMETRY UNIT AT THE WATER PUMP STATION, 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.

 

RESOLUTION NO.                  273 – 2019                                           A RESOLUTION AUTHORIZING LUMP SUM PAYMENT TO ACTING ADMINISTRATOR AND ACTING SAFETY DIRECTOR, AND DECLARING AN EMERGENCY.

The Clerk read the Resolution by title only.

Mrs. ELMORE moved the resolution 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 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.                   274 – 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. BUEHRER moved to adjourn at 8:07 p.m. until 7:00 p.m. Monday, December 16, 2019.  Motion carried v.v.

 

 

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7:30 p.m. Monday, December 16, 2019

 

 

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4:00 p.m. Friday, December 27, 2019 – Special Meeting