May 23, 2011 Summary

MARION CITY COUNCIL MEETING


City Hall – Council Chambers on May 23, 2011, 7:30 PM

ROLL CALL – 9 members answered – Mr. Cumston Mr. Thomas, Mrs. Blevins, Mrs. Masters, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber, Mr. Edwards.

PRAYER LED BY PASTOR DOUG FORD

PLEDGE OF ALLEGIANCE

Mr. Cumston asked to go to new business first, Mr. Ratliff is running late. He wanted to be here for the old business item.

Summary of Proceedings for Special Meeting of May 2 and Council Meeting of May 9, 2011. Mr. Cumston moved to approve, Mrs. Masters seconding. The roll call: YEAS: Mr. Cumston, Mr. Thomas, Mrs. Blevins, Mrs. Masters, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None. Summary of Proceedings are approved.

New Business:

RESOLUTION 2011-14:
RESOLUTION CONFIRMING THE RE-APPOINTMENT, BY THE MAYOR, OF INDIVIDUALS AS MEMBERS OF THE AIRPORT COMMISSION
Mayor Schertzer spoke – he is just refilling the positions on the Airport Commission. Mr. Alfred Goerlich and Timothy Mantey. I ask the Council to approve these 2 positions. Mr. Cumston moved to suspend, Dr. Gilsdorf seconding. Roll Call: Mr. Cumston, Mr. Thomas, Mrs. Blevins, Mrs. Masters, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None.
Mr. Cumston moved to adopt, Dr. Gilsdorf seconding. Roll Call: Mr. Cumston, Mr. Thomas, Mrs. Blevins, Mrs. Masters, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None. RESOLUTION 2011-14 IS ADOPTED

RESOLUTION 2011-15:
RESOLUTION ENACTED BY THE CITY OF MARION, MARION COUNTY, OHIO, HEREINAFTER REFERRED TO AS THE LOCAL PUBLIC AGENCY (LPA), IN THE MATTER OF THE ODOT DISTRICT SIX URBAN PAVING PROJECT, AND DECLARING AN EMERGENCY
Mr. Thomas stated that this was in Streets & Sewers, this is the repaving of our highway that runs through Marion, it came out of Committee with a 3-0 recommendation for approval, I make the motion to suspend, Mrs. Blevins seconding. Roll Call: Mr. Cumston, Mr. Thomas, Mrs. Blevins, Mrs. Masters, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None.
Mr. Thomas moved to adopt, Mrs. Blevins seconding. Roll Call: Mr. Cumston, Mr. Thomas, Mrs. Blevins, Mrs. Masters, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None. RESOLUTION 2011-15 IS ADOPTED

ORDINANCE 2011-41:
ORDINANCE AUTHORIZING THE SAFETY DIRECTOR TO ENTER INTO CONTRACT WITH MBI SOLUTIONS FOR THE LOWEST AND BEST PROPOSAL FOR EMS BILLING AT THE FIRE DEPARTMENT AND DECLARING AN EMERGENCY
Mr. Cumston noted that this came out of Finance with a 2-0 recommendation for approval, I make the motion to suspend, Mrs. Blevins seconding. Roll Call: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Blevins, Mrs. Masters, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None.
Mr. Cumston moved to adopt, Mrs. Blevins seconding. Roll Call: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Blevins, Mrs. Masters, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None. ORDINANCE 2011-41 IS ADOPTED

Mr. Ratliff arrived @ 7:38 pm.

ORDINANCE 2011-42:
ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN AMENDED AND RESTATED AGREEMENT FOR CREATION OF MARION PORT AUTHORITY AND DECLARING AN EMERGENCY
Mr. Cumston noted that this came out of Finance with a 2-0 recommendation for approval, motion to suspend, Mrs. Blevins seconding. Roll Call: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Blevins, Mrs. Masters, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None.
Mr. Cumston moved to adopt, Mrs. Blevins seconding. Roll Call: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Blevins, Mrs. Masters, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None. ORDINANCE 2011-42 IS ADOPTED

ORDINANCE 2011-43:
ORDINANCE AMENDING THE FY 08 NEIGHBORHOOD STABILIZATION PROGRAM (NSP) GRANT TO PROVIDE FOR A PERMISSABLE TRANSFER OF FUNDS WITHIN THE GRANT AND DECLARING AN EMERGENCY
Mr. Cumston noted that this came out of Finance with a 2-0 recommendation for approval, motion to suspend, Mrs. Blevins seconding. Roll Call: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Blevins, Mrs. Masters, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None.
Mr. Cumston moved to adopt, Mrs. Blevins seconding. Roll Call: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Blevins, Mrs. Masters, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None. ORDINANCE 2011-43 IS ADOPTED

ORDINANCE 2011-44:
ORDINANCE AUTHORIZING THE ESTABLISHEMENT OF A CORF GRANT FUND, FURTHER ENABLING THE MECHANISIMS NECESSARY TO COMPLETE THE CLEAN OHIO REVITALIZATION PROJECT AS PREVIOUSLY APPROVED IN ORDINANCE 2010-12, APPROPRIATING MONIES ASSOCIATED THEREWITH AND DECLARING AN EMERGENCY
Mr. Cumston noted that this came out of Finance with a 2-0 recommendation for approval, motion to suspend, Mrs. Blevins seconding. Roll Call: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Blevins, Mrs. Masters, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None.
Mr. Cumston moved to adopt, Mrs. Blevins seconding.
Mr. Hines wanted to know what CORF was. Mr. Jay Shoup stated Clean Ohio Revitalization Fund.
Roll Call for adoption: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Blevins, Mrs. Masters, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None. ORDINANCE 2011-44 IS ADOPTED

ORDINANCE 2011-45:
ORDINANCE AUTHORIZING AND DIRECTING THE SERVICE DIRECTOR TO ENTER INTO CONTRACT WITH DLZ FOR THE OAK STREET SEWER IMPROVEMENTS PROJECT 10-1S, BURGESS AND NIPLE FOR THE MILBURN AVENUE/MEADOW STREET SEWER IMPROVEMENTS PROJECT 10-2S, AND CPS/SANDS DECKER FOR THE ROBINSON AVENUE ROADWAY IMPROVEMENTS PROJECT 10-1P, FOR THE CITY OF MARION, OHIO, APPROPRIATING THE NECESSARY FUNDS, AND DECLARING AN EMERGENCY
Mr. Thomas noted that this came out of Streets and Sewers with a 3-0 recommendation for approval, motion to suspend, Mrs. Blevins seconding.
Dr. Gilsdorf asked what is happening with Clover, Merchant, Spencer and Homer, a sewer project that went bad. You do a new job, when will these be done. Why are we always doing new projects and not cleaning up the old ones. Mr. Thomas said these projects are grant projects. These are CDBG projects. We tried to go back to the contractor on the issue, but nothing. Dr. Gilsdorf thanked Mr. Thomas for this history.
Roll Call for suspension: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Blevins, Mrs. Masters, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: Dr. Gilsdorf.
Mr. Thomas moved to adopt, Mrs. Blevins seconding. Roll Call: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Blevins, Mrs. Masters, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: Dr. Gilsdorf. ORDINANCE 2011-45 IS ADOPTED

ORDINANCE 2011-46:
ORDINANCE AUTHORIZING THE SAFETY DIRECTOR TO TAKE ALL STEPS NECESSARY TO CONDUCT AN R.F.P. PROCESS COMPLIANT WITH O.R.C. MANDATES RELATED TO SPEC AND BID FOR A CITY WIDE PHONE/DATA SYSTEM LEASE, AND DECLARING AN EMERGENCY
Mrs. Gustin said this came out of Information Systems with a 3-0 recommendation; I’d like to suspend the rules, Mr. Thomas seconding. Roll Call: Mr. Cumston, Mr. Thomas, Mrs. Blevins, Mrs. Masters, Mr. Hines, Mrs. Gustin; NAYS: Mr. Ratliff, Dr. Gilsdorf, Mr. Schaber. ORDINANCE 2011-46 HAS HAD ITS FIRST READING

ORDINANCE 2011-47:
ORDINANCE MAKING NECESSARY MODIFICTIONS TO THE MARION CITY CODE IN ORDER TO COMPLY WITH E.P.A. UPDATED REGULATIONS RELATED TO STORM WATER MANAGEMENT, REQUIRED BY THE PERMITING PROCESSES RELATED THERETO AS TO EROSION CONTROLS BY CREATING MARION CITY CODE SECTION 915.75 ET. SEQ.
Mr. Thomas said this came out of Streets and Sewers with a 3-0 recommendation; I’m asking for the 1st reading tonight. ORDINANCE 2011-47 HAS HAD ITS FIRST READING


ORDINANCE 2011-48:
ORDINANCE MAKING NECESSARY MODIFICTIONS TO THE MARION CITY CODE IN ORDER TO COMPLY WITH E.P.A. UPDATED REGULATIONS RELATED TO STORM WATER MANAGEMENT, REQUIRED BY THE PERMITING PROCESSES RELATED THERETO AS TO CONTROLLING POST-CONSTRUCTION WATER QUALITY RUNOFF BY CREATING MARION CITY CODE SECTION 915.5 ET. SEQ.
Mr. Thomas said this came out of Streets and Sewers with a 3-0 recommendation; I’m asking for the 1st reading tonight. ORDINANCE 2011-48 HAS HAD ITS FIRST READING

ORDINANCE 2011-49:
ORDINANCE TO ESTABLISH A COMMUNITY DEVELOPMENT PROGRAM THROUGH THE STATE OF OHIO’S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SMALL CITIES’ PROGRAM AND TO AUTHORIZE THE MAYOR TO APPLY FOR THE NEIGHBORHOOD REVITALIZATION FUNDS AND ADMINISTER THE GRANTS, AND DECLARING AN EMERGENCY
Mr. Ratliff said this came out of Committee with a 3-0 recommendation for approval; I’m asking for the 1st reading tonight, and the next Council meeting there will be a public hearing. ORDINANCE 2011-49 HAS HAD ITS FIRST READING

Old Business:

ORDINANCE 2011-35:
ORDINANCE AUTHORIZING THE SAFETY DIRECTOR TO ENTER INTO CONTRACT WITH STUDER-OBRINGER AND ASTRO POOL COMPANY FOR THE NEW AQUATICS CENTER HAVING DETERMINED SAID ENTITIES TO HAVE SUBMITTED THE LOWEST AND BEST BID AND DECLARING AN EMERGENCY
Mr. Cumston said that this came out of Municipal Services with a 3-0 recommendation for approval; this will be a second reading tonight. The other part of this is how we are to pay debt that has occurred. Council will have to decide of how we are going to pay that back. Plain City had a levy to build a center, cash flow projections from other cities. Some new information, old information, the 2nd part – we bonded money out, we have to pay back. Will get with the Mayor and Auditor this week.
Dave Troutman, 1024 Bexley Ave., concerned about when the pool gets up and running, make sure it is self sufficient, and doesn’t draw on the general fund. I have information from other cities that their establishments haven’t done well after a year or two.
Sister Hatch, 742 Harding Rd. – in favor of the Pool. Cross Communities Communication Committee will be raising funds for the pool. Senior Citizens program, and the Rec Center. We are raising funds to address those budgets – a tax deductible.
Ed Christian, 1060 N. Main St – commended on City Council tonight. He’d like to see the Senior Center be put on the ballot.
Dr. Gilsdorf asked about the Health Department – stating that they need to come down to City Hall and fill out a complaint.
Sulu Kelley, Lease money will pay for the construction debt. Do we have enough money saved to pay for it down the road? ORDINANCE 2011-35 HAS HAD ITS SECOND READING

MATTERS NOT ON THE AGENDA

Pertaining to Dr. Gilsdorf’s concern with the Health Dept., Mr. Thomas stated that he had the same problem with the Health Dept. statina007Ag that the person has to come up and file a written complaint about the not mowing of grasses. City Council people don’t. I called and asked why they were doing it? Mr. McElhatten said other Health Departments were doing it and if it goes to court, they need that information. The government official would not have to sign the complaint. We are talking with the Law Director and hopefully we can get that resolved. I don’t think people should have to do it. Call your City Council person and let us know.
Mr. Russell said that the Marion Public Health is looking at the change of grass complaints in the city of Marion. Some Health Dept.’s don’t work the same way we do in Marion. That is not necessary for us to prosecute a complaint in court. 12” in height – that’s what we utilized to persecute. Maybe we can have Mr. McElhatten come to the committee and talk about it and analyze it a little further. Mr. Ratliff asked have they decided on this. Mayor Schertzer said he is not sure, we were aware of it on Friday afternoon. I am tomorrow going to write a letter to them requesting them to let us know if their policy has changed. Mr. Thomas said if you have an issue with that – call your Council person, let your council person call them.
Sulu Kelley said that the Health Dept did not have a signed complaint on bed bug call. I think it’s very important to put their name down, to deter false complaints.
Dr. Gilsdorf asked about the train noise, George Street near Greewood. Wondering where we are on that on enforcement wise. Mr. Russell said the best of his knowledge is that the State of Ohio has not changed the Statutes concerning the quiet zones. Cleveland had applied for a quiet zone – it was very expensive. They would have to block the tracks. I don’t think anything else has changed.
Dr. Gilsdorf asked about Buckeye Collision – manhole that has collapsed at the end of their parking lot. Storm sewer has collapsed. Brian Reed said he has called several times to something resolved. He’d like to repave his parking lot. He said he’s been calling for several months to get those repaired. Mayor Schertzer said he was not aware of a catch basin and manhole cover at the end of Lincoln. I saw Mr. Reed Saturday night and didn’t mention anything; we will look into it and get it addressed.
Mr. Ratliff asked for an update from Jay Shoup on the Goose Creek situation as far as the ability to help the trucking company over there. What he needs to do to stop flooding on his property. Mr. Shoup said he has discussed briefly with Engineer Jim Bischoff, at this point, we were going to the site and look at the situation, and also discuss that matter with the person. Mr. Ratliff said Councilman Hines and I did, no brush was removed, it looks like for longer that what we’ve been alive. Looks like some collapsed tile. There was a question, whose responsibility is it, City, township, county? Who is responsible? Mr. Shoup said the people that are calling are outside the City limits. They straddle the corporation boundary; a lot of it is unincorporated. The RR track acts as a damn. I did call the County Engineering Dept, that creek is not under petition right now. That dates back to 1957. All this time, it has not received a petition process. If one was filed for the petition, it could get cleaned. It’s a work in progress. 1. it’s in and outside the city, 2. No cleaning mandate right now. 3. RR line complicates the east side of the creek. Mr. Hines said he went out there, and did find the tile out there that runs behind the salt shed and another shed. Mr. Shoup said we had thoughts of acquiring the ODOT outpost; the drainage was to be problematic, sanitary and storm problems. We didn’t go very far into it. We will look into it.
Mr. Hines asked about the boulevard, the white on the right, people passing to the left and making a right can get t-boned. Mr. Bischoff said we can look into that – re-stripe it.
Mr. Ratliff asked about the violence in the NW section of town, the dress code. Mayor Schertzer said he doesn’t know what you are talking about. Mr. Ratliff said I believe it was the City of Whitehall passed some type of ordinance about the sagging pants. Mayor Schertzer said I believe that was not brought up since I’ve been in the Mayor’s Office.
Mrs. Masters said we need to call Karen Gilmore Office – currently holding budget meetings. Cuts vital services, police and fire protection. The budget demolishes the local fund, which was started 76 years ago. Call 614-466-8049 and tell her please restore local government funds to Ohio.
Mr. Cumston said the senior issue came up tonight; this would be a huge issue. As we take care of our Seniors – it’s something to look at.
Mr. Sulu Kelley talked about Senate bill 148 concerning the Board of Elections.

COMMITTEE DATES

Finance – Special 6/6 @ 6:30
Regional Planning 6/25 @ 7:00 County Bldg.
Streets & Sewers 6/6 @ 6:15 Transfer Station Info.

With no further business to come before council, President Edwards adjourned the meeting.


______________________________ Dave Edwards President of Council

_________________________
Clerk of Council