June 13, 2011 Summary

MARION CITY COUNCIL MEETING


City Hall – Council Chambers on June 13, 2011, 7:30 PM

ROLL CALL – 10 members answered – Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Blevins, Mrs. Masters, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber, Mr. Edwards.

PRAYER LED BY PASTOR TOM TONEY

PLEDGE OF ALLEGIANCE

Summary of Proceedings for May 23, 2011. Mr. Cumston moved to approve, Dr. Gilsdorf seconding. The roll call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Blevins, Mrs. Masters, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None. Summary of Proceedings are approved.

New Business:

RESOLUTION 2011-16:
RESOLUTION OF INTENT TO USE CAPITAL FUND MONIES FOR THE PROPOSED AQUATIC CENTER AT LINCOLN PARK, AND DECLARING AN EMERGENCY
Mr. Cumston noted that we need to make a change in the title, from Capital Fund to Aquatic Center Fund, Dr. Gilsdorf seconding. Roll call was taken for the amendment: YEAS: Mr. Cumston, Mr. Ratliff, Mrs. Blevins, Dr. Gilsdorf, Mr. Hines, Mr. Schaber; NAYS: Mrs. Masters, Mrs. Gustin.
Mr. Cumston moved to waive rule 56, Dr. Gilsdorf seconding. Roll Call: YEAS: Mr. Cumston, Mr. Ratliff, Mrs. Blevins, Dr. Gilsdorf, Mr. Hines, Mr. Schaber; NAYS: Mrs. Masters, Mrs. Gustin.
Law Director Russell noted that that word “Ordained” needs to be changed to “Resolved”. Mr. Cumston moved to make that amendment, Dr. Gilsdorf seconding. Roll call was taken for the amendment: YEAS: Mr. Cumston, Mr. Ratliff, Mrs. Blevins, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: Mrs. Masters.
Mr. Cumston moved to suspend, Dr. Gilsdorf seconding. Roll call was taken for suspension: YEAS: Mr. Cumston, Mr. Ratliff, Mrs. Blevins, Dr. Gilsdorf, Mr. Hines, Mr. Schaber; NAYS: Mrs. Masters, Mrs. Gustin.
Mr. Cumston moved to adopt, Dr. Gilsdorf seconding. Roll call was taken for suspension: YEAS: Mr. Cumston, Mr. Ratliff, Mrs. Blevins, Dr. Gilsdorf, Mr. Hines, Mr. Schaber; NAYS: Mrs. Masters, Mrs. Gustin.
RESOLUTION 2011-16 IS ADOPTED

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 stated that this came out of Municipal Services with a 3-0 recommendation for approval, motion to adopt, Mrs. Blevins seconding.
Mayor Schertzer stated that he’d like to be on record stating that he will veto this ordinance @ 3.5 million dollars. As far back as 2008 he was in favor of the study. 2.4 million was ok but not 3.5; I’m still willing to pay for the 2.4 million dollar pool.
Mrs. Gustin and Mrs. Masters are both in favor with Mayor Schertzer. Mr. Cumston noted if you take the amenities away, it will not cash flow. We want this to cash flow; this is what it’s going to take. Dr. Gilsdorf said the people want an aquatic center not just a pool. This is separately funded; it would not in any way affect employee lay-offs or anything else. I have been approached by business people, if in the first year or two, if the pool needs funding; they are willing to fray the cost of $1000.00. They are willing to do this. Concerning the budget – get real now – it’s not going to be any better. Mrs. Gustin asked how many business persons to do you have. Dr. Gilsdorf said about 5. Mrs. Gustin asked about the start up money, where is that going to come from?
Mr. Ratliff said the pool was unable to open this year. This is a 2-3 year old project we have been talking about. City Council is trying to get a place that will break even. We lose around 70,000/year out of the General Fund. Aquatic Centers in the state of Ohio are cash flowing. They are paying for the debt service. Our debt service is being covered by the MGH lease. We are in a much better position that what they are in. They are showing a profit. This will pay for itself. Possibly have some growth over there. This is more than just a pool for our community. We can revitalize a section of town that is so desperate in need of that.
Mr. Cumston said that the start up money was incorrect. Mrs. Gustin said it say Oct. 11 2010. Every business has start up money. We will presale the memberships. 350,000 is not the right number. Mrs. Gustin said that one of the pools we patterned ourselves asked for 5,000 from the General Fund. Mrs. Brewer said it was 3,000 supplemented out of the General Fund. It was opened in late June, and it was only for the citizens for Avon Lake. We are comparing ourselves with a city that pays the debt service, not opened a full year, and only had Avon Lake citizens come in, no outsiders.
Mike McBride, 827 Marlow Circle asked the Mayor how the money can be used for the pool. He was concerned that Brandstetter Carroll is double dipping doing the engineering and the consulting. He is against the pool. Mrs. Brewer came up and explained. Mr. McBride said to do a Bond levy and private citizen’s pay for it.
Mr. Ed Christian spoke on abatements. He is for the pool.
Forest Osborn, 127 Canby Court, spoke about jobs. Use private funds for the pool. We need infrastructure done.
Dave Troutman, Bexley – please reconsider your decision on the pool.
Mr. Hines moved to Table this, Mrs. Gustin seconding.
5 MINUTE RECESS
Mr. Hines withdrew his motion. Mr. Cumston said the RFP you see in the booklet is lower.
Senator Karen Gillmor, Tiffin Ohio. Spoke about Marion.
Mrs. Gustin moved to postpone this until July 25, 2011, Mr. Hines seconding. Roll Call: YEAS: Mrs. Masters, Mr. Hines, Mrs. Gustin, NAYS: Mr. Cumston, Ratliff, Mr. Thomas, Mrs. Blevins, Dr. Gilsdorf, Mr. Schaber. ORDINANCE 2011-35 WILL NOT BE POSTPONED
Mr. Sulu Kelley spoke on the deficit and the lease payment and the bond payment, years 2-5. Before passage of this pool, how would we pay for that deficit? Mrs. Carr spoke about the shortfall for the next 4 years is about 30,000 dollars. If you set aside money by not moving it into bonds, that still would cover any expenses. Mr. Ratliff said that was what we voted on in the first item. Mr. Cumston said we’ve been working on this for 3 years. 285,000.00 in debt already. Out of this year’s GF that would have to be repaid if we send the bonds back.
Mrs. Blevins asked if we can use that money from the Bond and send back the rest. Mr. Cumston said I wouldn’t vote for that. Mrs. Gustin asked if that’s a feasible thing. Mr. Cumston said no. Mr. Ratliff said if we return money from the bond there is no money left to pay those things. We would be paying interest on the interest on money that wasn’t used for anything. Auditor Carr said you can return any portion of the 3.5 million dollars. Every year we’d have to find out how to pay down that debt. You are able to do it.
Terry Cline, 400 E. George St. stated that this pool sends a signal to this community. It’s more than just a pool. It’s an educational center.
Mayor Schertzer agreed with Mr. Cline. Just let’s go back to the 2.4 instead of the 3.5.
Mr. Cline said the taxpayers deserve a better return on their investment. Everyone in this room can benefit from this. This leads to health.
Mr. Ralph Hill, Jefferson St. need to start thinking about our youngsters.
Ms. Paige Gustin, Concord Ave. spoke against the pool. Open the pool, but do so within reason.
Ms. Jean Faulkner, 547 Thew Ave. was in Marietta. Asked the manager about their aquatic center. Price was 3 million 7 years ago. What was the downside of the center. There were no negatives against the pool.
Sharon Cooper, 193 Fairfax. People are going to Waldo to go to their pool. It’s a shame we can’t have a pool here.
Nicklaus Moran, Jefferson St. said if we are paying the interest on it, wouldn’t you want to get the most of the money. Use the money, build the pool.
Ashley Persinger, 545 Courtland Ave spoke against the Pool. This large Aquatic Center will not help Marion. She always went to Brookside. Having a pool would not stop crime.
Mr. Dave Edwards mentioned that his wife took the girl scouts to Mansfield aquatic center, and then today she took them to Newark aquatic center. We can have examples all day long. Each of us has their own opinions. Passionate debate is what this country is founded on.
Roll call for adoption: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Blevins, Dr. Gilsdorf Mr. Hines, Mr. Schaber; NAYS: Mrs. Masters, Mrs. Gustin. ORDINANCE 2011-35 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, Mrs. Masters seconding. Roll Call: Mr. Cumston, Mr. Thomas, Mrs. Blevins, Mrs. Masters, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: Mr. Ratliff, Dr. Gilsdorf.
Mrs. Gustin moved to adopt, Ms. Masters seconding. Roll Call: Mr. Cumston, Mr. Thomas, Mrs. Blevins, Mrs. Masters, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: Mr. Ratliff, Dr. Gilsdorf. ORDINANCE 2011-47 IS ADOPTED

5 MINUTE RECESS

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; motion to suspend, Mr. Hines seconding. Roll Call: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Blevins, Mrs. Masters, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None.
Mr. Thomas moved to adopt, Mr. Hines seconding. Roll Call: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Blevins, Mrs. Masters, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None. ORDINANCE 2011-47 IS ADOPTED

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.
Thomas said this came out of Streets and Sewers with a 3-0 recommendation; motion to suspend, Mr. Hines seconding. Roll Call: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Blevins, Mrs. Masters, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None.
Mr. Thomas moved to adopt, Mr. Hines seconding. Roll Call: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Blevins, Mrs. Masters, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None. ORDINANCE 2011-48 IS ADOPTED

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; This will be a public hearing this evening.
PUBLIC HEARING IS NOW OPEN @ 9:40 PM
Ms. Evie Cummings spoke: We still don’t know your budget, so postponing this evening would be ok. You have picked so far: Lincoln Park Skate Park; Lincoln Park Aquatic Center Project, Home Repair; and Environmental Review/Audit/Admin/Fair Housing for a total of 140,000.00 County was able to give Heritage Hall 25,000.00.
Mr. Tom White, Historical Society handed out pictures of their major project on State Street. The entire history of Marion County is in that building. We have to do fundraising has to go to the operation of the building just to keep our lights on. He went onto explain the damage to the building that needs repaired. We are only asking 19,000.00.
Gale Martin, Director of Historical Society, respectfully asking that the City fund the rest of the repairs that is needed. She went onto say that the society has a tremendous amount of outreach within Marion and surrounding counties. Our collections are in danger of getting destroyed if we don’t get this fixed.
Mrs. Brewer spoke that we the Historically Society does have a greater need, my opinion is there is time to work with groups to get the amenities. We have time now. Use the money for the Historically Society. Mrs. Brewer said the $25,000.00. The 45,000 would be for the Skate Park for a 100 x 100 pad out there at Lincoln Park. If the money can be spent in the other location, please do.
Mr. Thomas said he’d like to wait to see what we have to work with. Don’t send the 45,000, the 25,000. My suggestion is to wait.
Mrs. Cummins said that they hope to know within 2 weeks. The deadline would be by the end of July.
PUBLIC HEARING IS CLOSED @ 9:58 PM
ORDINANCE 2011-49 HAS HAD ITS SECOND READING

New Business:
ORDINANCE 2011-50
AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF NOTES IN AN AGGREGATE PRINCIPAL AMOUNT OF $3,500,000, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO PAY COSTS OF CONSTRUCTING, EQUIPPING AND FURNISHING AN AQUATIC CENTER, TOGETHER WITH ALL NECESSARY APPURTENANCES THERETO; APPROVING AND AUTHENTICATING A NOTE PURCHASE AGREEMENT; AUTHORIZING CERTAIN OTHER ACTIONS RELATED TO THE ISSUANCE OF THE NOTES; AND DECLARING AN EMERGENCY
Mr. Cumston noted that this came out of Finance with a 3-0 recommendation for approval. I’d like a first reading on this. ORDINANCE 2011-50 HAS HAD its FIRST READING

ORDINANCE 2011-51:
ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF NOTES IN AN AGGREGATE PRINCIPAL AMOUNT OF $5,900,000, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO PAY COSTS OF (1) IMPROVING COLUMBIA STREET AND BLAINE AVENUE, BETWEEN CERTAIN TERMINI, BY CONSTRUCTING STORM WATER SEWERS AND SANITARY SEWERS, (2) IMPROVING OAK STREET, MILLBURN AVENUE AND MEADOW STREET, BETWEEN CERTAIN TERMINI, BY CONSTRUCTING STORM WATER SEWERS AND SANITARY SEWERS, WIDENING AND LOWERING THE STREETS, INSTALLING CURBS AND DRAINAGE AND REPLACING SIDEWALKS AND DRIVEWAY APPROACHES, (3) IMPROVING ROBINSON AVENUE, BETWEEN CERTAIN TERMINI, BY CONSTRUCTING STORM WATER SEWERS, INSTALLING CURBS AND DRAINAGE, AND RESURFACING THE STREET, (4) IMPROVING WEST CENTER STREET, BETWEEN CERTAIN TERMINI, BY CONSTRUCTING AND REHABILITATING SANITARY SEWERS, (5) CONSTRUCTING AND REHABILITATING THE SANITARY SEWER SYSTEM IN THE MARION PLAZA AND IN THE ROYAL OAKS SUBDIVISION, AND (6) IMPROVING THE SANITARY SEWER SYSTEM AT THE MARION LANDFILL BY INSTALLING LEACHATE COLLECTION PIPES AND PUMPS TO COLLECT AND TRANSPORT LEACHATE FROM THE ORIGINAL LANDFILL CELL TO THE EXISTING LEACHATE COLLECTION SYSTEM, TOGETHER WITH ALL NECESSARY APPURTENANCES THERETO; APPROVING AND AUTHENTICATING A NOTE PURCHASE AGREEMENT; AUTHORIZING CERTAIN OTHER ACTIONS RELATED TO THE ISSUANCE OF THE NOTES; AND DECLARING AN EMERGENCY
Mr. Cumston noted that this came out of Finance with a 3-0 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.
Auditor Carr read the Fiscal Officer’s Certificate
Roll Call: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Blevins, Mrs. Masters, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None. ORDINANCE 2011-51 IS ADOPTED

ORDINANCE 2011-52:
ORDINANCE MAKING AN ADDITIONAL APPROPRIATION IN FOR MUNICIPAL COURT DOCKET SPECIALIST FUND FOR THE YEAR ENDING DECEMBER 31, 2011
Mr. Cumston noted that this came out of Finance with a 3-0 recommendation for approval. Motion to suspend, Mrs. Blevins seconding. Roll Call: Mr. Cumston, Mr. Thomas, Mrs. Blevins, Mrs. Masters, Dr. Gilsdorf, Mrs. Gustin, Mr. Schaber; NAYS: Mr. Ratliff, Mr. Hines.
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 2011-52 IS ADOPTED

ORDINANCE 2011-53:
ORDINANCE AUTHORIZING AND DIRECTING THE SERVICE DIRECTOR TO ENTER INTO CONTRACT WITH FLEMING CONSTRUCTION COMPANY, INC. FOR THE MERCHANT, HOMER, SPENCER, AND CLOVER STREETS ROADWAY REPAIRS, PHASE 1, PROJECT 11-1P, FOR THE CITY OF MARION, OHIO AND DECLARING AN EMERGENCY
Mr. Thomas said this came out of Streets and Sewers with a 3-0 recommendation; motion to suspend, Mr. Hines seconding. Roll Call: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Blevins, Mrs. Masters, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None.
Mr. Thomas moved to adopt, Mr. Hines seconding.
Dr. Gilsdorf thanked the City Engineer in getting this started.
Roll Call: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Blevins, Mrs. Masters, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None. ORDINANCE 2011-53 IS ADOPTED

MATTERS NOT ON THE AGENDA

Dr. Gilsdorf asked about the City yard waste pickup.
Mr. Shoup said we had one last week, but didn’t finish. The pickup dates are on the City of Marion’s website; also we advertised it in the paper. We are doing this 1X/month. We are looking at every opportunity to save money. The storm damage we incurred delayed us for picking up yard waste we didn’t finish. We may have to go and pick up every other week.
Mr. Ratliff asked about the banners that weren’t put up. Mr. Bash is waiting on bands. Mr. Ratliff also mentioned about the benches that was supposed to be picked up and brought to Tri-Rivers to fix. Mr. Bash said we picked up 8 and 4 was returned fixed. The other 4 were un-repairable. They told us to stop until School starts up again. Mr. Ratliff spoke about the graffiti that was going to paint on the overpasses. United Way said that they weren’t going to partner with the City any longer. Mr. Robbins spoke and said he just had two meetings with United Way and Tri Rivers and the Downtown committee, and we are all set up for this year.
Dr. Gilsdorf mentioned that he has available the 2010 Budget for Cando.
Mrs. Gustin thanked Nucor Steel for the planters in downtown area.
Mayor Schertzer spoke of the recycling program for electronic goods, it exceeded our expectations. I want to thank the Sims family, BW3’s and Perkins and Angie Carbetta.
Mr. Josh Daniels 446 Reed Ave, spoke on the Transfer Station. He handed out some additional information.
Mr. Terry Cline asked about the Police Dept. window. Chief Bell stated you’ll have to talk to the persons at the front desk.

COMMITTEE DATES

Finance – Special 6/21 @ 6:30 Budget Review
Jobs & Economic Devel. 7/19 @ 7:00 (1) 2010 Budget Review for Cando
(2) 2011 2nd qtr. Review for Cando
(3) Marion’s Economic Development
Regional Planning 6/22 @ 7:00 County Building
Zoning & Annexation 6/21 @ 6:40 Rezoning 583 W. Fairground St


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


______________________________ Dave Edwards President of Council

_________________________
Clerk of Council