August 8, 2011 Summary

MARION CITY COUNCIL MEETING


City Hall – Council Chambers on August 8, 2011, 7:30 PM

ROLL CALL – 8 members answered – Mr. Cumston, Mr. Thomas, Mrs. Blevins, Mrs. Masters, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber.
Mr. Cumston moved to excuse Mr. Ratliff and Mr. Edwards, Dr. Gilsdorf seconding. By a voice vote all members voted in approval to excuse Mr. Ratliff and Mr. Edwards.

THE PRAYER LED BY PASTER TOM TONEY

PLEDGE OF ALLEGIANCE

Summary of Proceedings for July 25, 2011. Mr. Cumston moved to approve, Mr. Hines seconding. The roll call: YEAS: Mr. Cumston, Mr. Thomas, Mrs. Blevins, Mrs. Masters, Dr. Gilsdorf, Mr. Hines, Mr. Gustin, Mr. Schaber; NAYS: None. Summary of Proceedings approved.

Old Business:

RESOLUTION 2011-19:
RESOLUTION EXPRESSING MARION CITY COUNCIL'S CONDITIONAL ASSIGNMENT OF PAYMENTS FROM SECTION 2.5 OF THE MARION GENERAL HOSPITAL LEASE (RELOCATION SUBSIDY) TO MARION PUBLIC HEALTH IN ASSOCIATION WITH THE CURRENT PROPOSAL WITH THE FOLLOWING TERMS AND CONDITIONS,AND DECLARING AN EMERGENCY, AS AMENDED

Mr. Cumston stated this came out of Finance with a 3-0 recommendation to send onto Council, I’ll make the motion to suspend, Mrs. Blevins seconding. Roll Call: YEAS: Mr. Cumston, Mr. Thomas, Mrs. Blevins, Mrs. Masters, Dr. Gilsdorf, Mr. Gustin; NAYS: Mr. Hines, Mr. Schaber.
Mr. Dave McElhatten introduced Ms. Traci Kinsler, the new Administrator for Marion Public Health.
Dr. Gilsdorf wanted to make sure the amended section is in there; Mr. Cumston said he is quite sure that Mr. Russell had made the changes. Mr. Cumston said he will call Mr. Russell this week.
RESOLUTION 2011-19 HAS HAD ITS SECOND READING AS AMENDED.

New Business:

ORDINANCE 2011-60:
ORDINANCE AUTHORIZING THE CITY OF MARION TO FILE AN APPLICATION TO THE STATE OF OHIO, TO PARTICIPATE IN THE CLEAN OHIO FUND PHASE II ASSESSMENT PROGRAM AND DECLARING AN EMERGENCY
Mr. Thomas stated this came out of Jobs & Economic Development Committee with a 2-0 recommendation for approval.
Mr. Ken Lengieza, Regional Planning spoke. The Sisler Group will fill out the forms, 100% funding of a Phase II study of the property. They can come back and ask for a cleanup. If there is a match, they would have to come up with the money, not the City. This is for the whole property. This covers the whole site. Mr. Hines asked to have Phase I and Phase II explained. Mr. Director Shoup said you’re primarily looking at historically records, do report. Phase II goes in and does sampling of asbestos wrapping, sampling of the ground, a report is written by Certified Consultants. Clean Ohio Revitalization Fund is at Columbia St, we own that site. The city of Marion will not own the site @ Fairfield – that is the Clean Ohio Assistance Fund. This will set for a review of the site.
Mr. Cumston moved to suspend, Mr. Hines seconding. The roll call: YEAS: Mr. Cumston, Mr. Thomas, Mrs. Blevins, Mrs. Masters, Dr. Gilsdorf, Mr. Hines, Mr. Gustin, Mr. Schaber; NAYS: None.
Mr. Cumston moved to adopt, Mr. Hines seconding. The roll call: YEAS: Mr. Cumston, Mr. Thomas, Mrs. Blevins, Mrs. Masters, Dr. Gilsdorf, Mr. Hines, Mr. Gustin, Mr. Schaber; NAYS: None. ORDINANCE 2011-60 IS ADOPTED

ORDINANCE 2011-61:
ORDINANCE MAKING ADDITIONAL APPROPRIATIONS IN THE GENERAL FUND FOR COUNCIL TO ENABLE THEM TO MAKE A REFUND FOR THE YEAR ENDING DECEMBER 31, 2011
Mr. Cumston stated this came out of Finance Committee with a 3-0 recommendation for approval. This is for a 265.00 refund. I move to suspend, Mrs. Blevins, seconding. The roll call: YEAS: Mr. Cumston, Mr. Thomas, Mrs. Blevins, Mrs. Masters, Dr. Gilsdorf, Mr. Hines, Mr. Gustin, Mr. Schaber; NAYS: None.
Mr. Cumston moved to adopt, Mrs. Blevins seconding. The roll call: YEAS: Mr. Cumston, Mr. Thomas, Mrs. Blevins, Mrs. Masters, Dr. Gilsdorf, Mr. Hines, Mr. Gustin, Mr. Schaber; NAYS: None. ORDINANCE 2011-61 IS ADOPTED

ORDINANCE 2011-62:
ORDINANCE AUTHORIZING THE SERVICE DIRECTOR TO ADVERTISE FOR BIDS FOR CONSTRUCTION AND APPLY FOR AND ACCEPT FAA FUNDS, AT THE MARION MUNICIPAL AIRPORT AND DECLARING AN EMERGENCY
Mr. Cumston stated this came out of Finance Committee with a 3-0 recommendation for approval. We need to Spec and Bid for Project 20, in the amount of 365,325.00. I move to suspend, Dr. Gilsdorf seconding. The roll call: YEAS: Mr. Cumston, Mr. Thomas, Mrs. Blevins, Mrs. Masters, Dr. Gilsdorf, Mr. Hines, Mr. Gustin, Mr. Schaber; NAYS: None.
Mr. Cumston moved to adopt, Dr. Gilsdorf seconding. The roll call: YEAS: Mr. Cumston, Mr. Thomas, Mrs. Blevins, Mrs. Masters, Dr. Gilsdorf, Mr. Hines, Mr. Gustin, Mr. Schaber; NAYS: None. ORDINANCE 2011-62 IS ADOPTED

ORDINANCE 2011-63:
ORDINANCE MAKING AN ADDITIONAL APPROPRIATION IN AIRPORT IMPROVEMENT FUND FOR THE YEAR ENDING DECEMBER 31, 2011
Mr. Cumston stated this came out of Finance Committee with a 3-0 recommendation for approval. This is for Project 19. I move to suspend, Dr. Gilsdorf seconding. The roll call: YEAS: Mr. Cumston, Mr. Thomas, Mrs. Blevins, Mrs. Masters, Dr. Gilsdorf, Mr. Hines, Mr. Gustin, Mr. Schaber; NAYS: None.
Mr. Cumston moved to adopt, Dr. Gilsdorf seconding. The roll call: YEAS: Mr. Cumston, Mr. Thomas, Mrs. Blevins, Mrs. Masters, Dr. Gilsdorf, Mr. Hines, Mr. Gustin, Mr. Schaber; NAYS: None. ORDINANCE 2011-63 IS ADOPTED

 


MATTERS NOT ON THE AGENDA

Dr. Gilsdorf spoke asked about the yard waste pickup. Dr. Gilsdorf said he was talking to a couple of men on the truck, and they said they were going to start picking up yard waste ever week, is that true.
Director Shoup said that they found out that they were doing it every two weeks instead of every month. We now man a 1-man crew; he picks it up all the time. Yard waste is picked up every day. He may not get to your neighborhood, maybe once a month, but that’s what we are doing. The savings is the crew time out and collections; reducing the # of people on the truck.
Dr. Gilsdorf said when you say you’re having yard waste picked up in every area of the city, how does that differ the way it used to be in 2010, when yard waste was picked up the day after your trash.
Director Shoup said we picked it every day but it just a 1-man operation; he slowly works his way around the City. By the time he gets back to a neighborhood again, 3-4 weeks may have gone by. We are not putting a full crew out there in 1 week’s time guaranteed. This is similar to what we do on leaves on a counter-clock wise direction. The structure there, we definitely make a rotation around before we come back to the same neighborhood.
Dr. Gilsdorf said you can put out the yard waste any time of the week. Director Shoup said yes.
Mr. Dale Osborn, Harding Road stated that the yard waste along the road look bad. I’m asking whether or not this can go to Municipal Services and have it discussed.
Director Shoup said this is one service that we provide in Sanitation. The core is solid waste. We made a decision to pick up yard waste, leaves, storm clean-up, and Christmas trees. The core is garbage collection. If this goes back to Municipal Services, I would suggest putting a cost on the pickup of the yard waste. It’s not in disposal, it the cost of going up and down the streets.
Dr. Gilsdorf asked about the new front doors. May 10, 2010 – issue came up for approval. We are designing the doors in-house, the completion date, Mr. Shoup stated in September, 2010. The grant was allocated about 9 months ago; we need to get this done by September, 2010. We did pass it that night, but a year has gone by and can you explain the time frame on this.
Director Shoup said he has the schedule, filed with the Dept. of Energy on June 23, 2009, then refilled at their request, they moved the time limit back at the last limit. We filed again on August 27, 2009. We were given 3 years to spend 100% of the money. We are now a little bit over a year to spend the money. We completed 2/3 of the project. We replaced the bulbs in City Hall. They use a lot less electricity; we have saved 25,000 on our electric bill in one year. The second part was we put in soft guard on all the motors on the blowers and conveyance system on A/C and heat. That saved us some on the gas bill. We are still compiling that ##. The third part is the front doors. We had to re-bid it, the bids came in too high. We had to redesign it. We ran into the original foundation of the building before City Hall was constructed. We found that on Friday in the flower bed. We start tomorrow morning with anew trench, hopefully will alleviate the flooding of City Hall which has happened 7 times this year. Then the revolving door will be put in. Hopefully will be finished by August 31, 2011.
Dr. Gilsdorf said that September 2010 was not accurate. The time frame stating that we have to have this done by a certain time.
Director Shoup said that we had to have the money committed by that time, September 2010. Just for Council information, pay for the tracking on this grant, it’s the most intense scrutiny that any grant has been under. They really keep track in Federal Grant money. We are going to have a pay back on that Grant money. We should recover that money in 6 years or less. Dr. Gilsdorf asked how long we have to monitor this. Dir. Shoup said that the monitoring has already started. Close out, monitoring, visit, possible a 5 year visit. Dr. Gilsdorf said last year you said you’d have to monitor the light bulbs for 3 years. Dir. Shoup said maybe its five years, more of a consideration visit.
Dr. Gilsdorf stated about the Silver Line issue. Atty. General opinion was requested by Brent Yager and forwarded onto the City around May, 2011. Concerning the Airport Industrial Park and Police and Fire protection and the tax money from Silver Line and MOPAC. Questions have come up; it appears that the City is supplying Police protection on an off duty basis. If an offense occurs, city police comes in and makes an arrest. Squad or fire protection, Marion City Fire dept is called. The third issue, City Income Tax is being held for every worker @ Silver Line. Not everybody is living in the City, but the premise is that is City property. Dr. Gilsdorf read the opinion of the AG. Another from Brent Yager, the 5th of August. Properties are not in the territorial boundaries of the Municipal Corporation and are not within the corporation’s jurisdiction for police and fire services. County Sheriff is provided to provide law enforcement. Joint fire district according to Code is required to provide Fire protection – which is 1st Consolidated. If we don’t have jurisdiction, and yet we are doing all of this, I think we may be wide open for law suits. We don’t have money for that right now. If its fire fighting and we have people out there that become hurt, are they covered. Withholding of City Income Tax – start filing requests for recovery, up to this point, 2000.00/each year is filed for returns. This could be catastrophic to the City. Why is the city still continuing to do this, when the AG of the State of Ohio says you shouldn’t be doing this?
Steve Chaffin spoke – I know Mr. Russell is on this, we do have agreements, I think we could have an agreement. Mayor Schertzer said I think Mr. Russell is the better person to ask about this. I think there is a mutual agreement. I’ve seen the opinion of the AG. It’s his opinion. Mr. Russell said there is Case Law to support this.
Dr. Gilsdorf said that this is primary response. Those people out there are paying taxes to receive fire protection from 1st Consolidated, but still we cover them. Mr. Thomas noted that we will get with Mr. Russell on this and get back with you.
Auditor Carr said – they as payroll are not required to pay city tax. It is their decision to hold taxes. We have not issued a notice to them. It is not anything what we do. Mr. Thomas said if we are collecting and they don’t owe it, is there a time frame on it. Auditor Carr said it can be built up; we don’t have a tracking person. If they don’t live in the City of Marion, they are entitled to a refund, they need to call the Income Tax Dept and work with us.
Dr. Gilsdorf said it was not my intention to imply that the Auditor or Administration had required that. I understand that was the past practice occurring at Silver Line.
Mr. Ken Lengieza, Regional Planning handed out some printouts.
1. 2011 Bike and Walking Trail Efforts.
2. Cando achievements along with the Downtown Organization
Dr. Gilsdorf said in 5 years, CanDo brought to Marion between 40-50 jobs a year.
Mr. Lengieza said it would have been more. Other people have come, they postponed because of the economy. Some things you never know.
Dr. Gilsdorf said you’re talking about 400-500,000 for 5 years and making 40-50 jobs a year.
Willis Crocket, Milburn Ave spoke about the use of containers for garbage, people are not using containers. He stated the Codified Ordinance of section 943.06.
The layout of the Milburn project – shows the RR right-of-way takes a portion of Roma off, not Milburn.
The weeds in the tracks – why can’t they go ahead and mow them.

Engineer Terry Lively spoke we are in preliminary design of that project. There is a right-of-way issue; we have not solved it yet. We will continue to work that problem. Mr. Thomas asked if that will hold up the project. Mr. Lively said no.
Mayor Schertzer spoke on the trash – everybody should have a vermin proof canister. They do the extra mile and pick that up. Mr. Thomas said the solution is not to leave it there.

COMMITTEE DATES

Finance 8/16 @ 6:30 PM
Jobs & Eco. 8/16 @ 7:00 PM
(1) 2010 Budget Review for Cando
(2) 2011 2nd qtr. Review for Cando
(3) Marion’s Downtown Review
Municipal Services 8/16 @ 7:15 Look at Yard Waste & Section 943.06
Regional Planning 8/24 @ 7:00 County Building

Mr. Hines reminded Mr. Thomas about the RR Quite Zone with Mr. Cline.

Streets & Sewers 8/16 @ 7:30 RR Quite Zone


With no further business to come before council, Mr. Thomas adjourned the meeting.


______________________________ Dave Edwards President of Council

_________________________
Clerk of Council