September 12, 2011 Summary

MARION CITY COUNCIL MEETING


City Hall – Council Chambers on September 12, 2011, 7:30 PM

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

THE PRAYER LED BY JEREMY DUNN

PLEDGE OF ALLEGIANCE

Summary of Proceedings for August 22, 2011. Mr. Thomas moved to approve, Mrs. Blevins seconding. The roll call: YEAS: Mr. Ratliff, Mr. Thomas, Mrs. Blevins, Mrs. Masters, Dr. Gilsdorf, Mr. Hines, Mr. Gustin, Mr. Schaber; NAYS: None. Summary of Proceedings approved.

Old Business:

ORDINANCE 2011-64:
ORDINANCE AUTHORIZING THE SAFETY DIRECTOR TO ENTER INTO AN UPDATED REPLACEMENT CONTRACT WITH THE COUNTY COMMISSIONERS, REQUESTED BY THE OHIO PUBLIC DEFENDER'S OFFICE, TO PROVIDE FOR REIMBURSEMENT FROM THE STATE OF OHIO FOR ATTORNEYS APPOINTED FOR INDIGENT PERSONS CHARGED IN THE MARION MUNICIPAL COURT
Mrs. Blevins noted that this came out of Committee with a 3-0 recommendation for approval. We are asking for a 2nd reading this evening.
Dr. Gilsdorf asked what is that the rate per hour for those attorneys.
Mr. Russell said he will look into that and bring it to you for the third reading. ORDINANCE 2011-64 HAS HAD ITS SECOND READING

New Business:

ORDINANCE 2011-67:
ORDINANCE MAKING AN ADDITIONAL APPROPRIATION IN THE BARKS ROAD TIF FUND FOR THE YEAR ENDING DECMEBER 31, 2011
Mrs. Blevins stated that this came before committee with a 3-0 recommendation for approval, I’ll make the motion to suspend, Mr. Thomas seconding. The roll call: YEAS: Mr. Thomas, Mrs. Blevins, Mr. Smith, Mrs. Gustin, Mr. Schaber; NAYS: Mr. Ratliff, Dr. Gilsdorf, Mr. Hines.
Mr. Ratliff questioned regarding who was supposed to put the light in.
Mr. Russell stated he did some document research. My letter was put in your mailboxes. Mr. Cumston stated in the Committee meeting is to move forward and not delay it. The developer is not obligated to install the traffic signal. Mr. Ratliff requested a copy for all Council. ORDINANCE 2011-67 HAS HAD ITS FIRST READING

ORDINANCE 2011-68:
ORDINANCE MAKING ADDITIONAL APPROPRIATION IN THE MUNICIPAL COURT COMMUNITY CORRECTIONS FUND FOR THE YEAR ENDING DECEMBER 31, 2011
Mrs. Blevins stated that this came before committee with a 3-0 recommendation for approval, I’ll make the motion to suspend, Mr. Thomas seconding. The roll call: YEAS: Mr. Ratliff, Mr. Thomas, Mrs. Blevins, Mr. Smith, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None.
Mrs. Blevins moved to adopt, Mr. Thomas seconding. The roll call: YEAS: Mr. Ratliff, Mr. Thomas, Mrs. Blevins, Mr. Smith, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None. ORDINANCE 2011-68 IS ADOPTED

ORDINANCE 2011-69:
ORDINANCE MAKING AN APPROPRIATION IN THE POLICE DEPARTMENT EDUCATION AND ENFORCEMENT FUND FOR THE YEAR ENDING DECEMBER 31, 2011
Mrs. Blevins stated that this came before committee with a 3-0 recommendation for approval, I’ll make the motion to suspend, Mr. Thomas seconding. The roll call: YEAS: Mr. Ratliff, Mr. Thomas, Mrs. Blevins, Mr. Smith, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None.
Mrs. Blevins moved to adopt, Mr. Thomas seconding.
Mr. Ratliff asked if the laptop were $3000.00/piece. Chief Bell said yes.
The roll call for adoption: YEAS: Mr. Ratliff, Mr. Thomas, Mrs. Blevins, Mr. Smith, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None. ORDINANCE 2011-68 IS ADOPTED

ORDINANCE 2011-70:
ORDINANCE AUTHORIZING THE ACCEPTANCE IN AND TRANSFER OUT OF CERTAIN REAL PROPERTIES RELATED TO THE MARION LAND BANK PROGRAM PURSUANT TO OHIO REVISED CODE, MARION CITY CODE 1367 ET. AL. AND THE SAFETY DIRECTOR’S PROPERTY DISPOSITION GUIDELINES AND DECLARING AN EMERGENCY
Mrs. Blevins stated that this came before committee with a 3-0 recommendation for approval. Mr. Russell spoke: This is the not the first instance where Council will be making a decision on these, this is the 3rd time. I ask Council to have these 13 properties go through Land Bank so they can be utilized as productive uses again.
Dr. Gilsdorf asked about 334 Monroe, I don’t see it on the list, and I went by and couldn’t find it. The proper address is 344 Monroe, it’s a vacant lot, and the house was removed already this past summer.
Mr. Hines asked if the title search was done on each property. Mr. Russell said absolutely. Mr. Ratliff asked if the properties are vacant. Mr. Russell said the majority of them yes.
Mrs. Blevins moved to suspend, Mr. Schaber seconding.
Dr. Gilsdorf asked what the fund is and how much is in it when we recoup the monies from tearing down the houses. Mr. Russell said this is the first point – 13 titles come. Most of the dispositions in the past 8-9 went to non-profit, so we haven’t charged them. No funds have flowed into reutilization. Dr. Gilsdorf said it was mentioned money that would be recovered that structures were torn and eventually sold the money would come back to the City for further teardowns. Mr. Russell said it hasn’t. Our focus was utilizing the 100 million grant. We won’t turn any monies back to the Federal Gov’t. Mr. Ken Lengieza said those that were torn down with NSP 1 moneys income left when sold has to go into the income fund that we set up and will be used for other structures. It has not happened yet.
Roll call for suspension: YEAS: Mr. Thomas, Mrs. Blevins, Mr. Smith, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: Mr. Ratliff, Dr. Gilsdorf. ORDINANCE 2011-70 HAS HAD ITS FIRST READING

Mr. Thomas moved to add Ordinance 2011-71. This is the street resurfacing project, Mrs. Blevins, Mr. Hines. ORDINANCE 2011-71 IS ADDED TO TONIGHT’S AGENDA

ORDINANCE 2011-71
ORDINANCE AUTHORIZING AND DIRECTING THE SERVICE DIRECTOR TO ENTER INTO CONTRACT WITH SHELLY AND SANDS INC., FOR THE 2011 STREET RESURFACING PROJECT 11-1R FOR THE CITY OF MARION, OHIO AND DECLARING AN EMERGENCY
Mr. Thomas noted that this came out of Committee with a 3-0 recommendation for approval. Motion to suspend, Mrs. Blevins seconding.
Dr. Gilsdorf asked about the deadline, Oct. 28, the rest to finish next spring. Are we going to hold these contracts to the deadlines? Mr. Lively said paving is possible up to the first part in November. Dr. Gilsdorf asked about hazardous situation like Blaine. Mr. Lively said no.
Mrs. Gustin asked if that’s an arbitrary date, Oct 28? Mr. Lively said 7 or 8 this year and Oct 28 is an arbitrary date I picked. The reason for the split of the project is a funding issue.
Mr. Ratliff asked about the list of the streets. Some need it worse than others. I feel uninformed. Mr. Shoup said that Council reviewed these streets several months ago. Mr. Ratliff said I can’t remember them either; I would like to know what streets in phase 1 and phase 2.
Dr. Gilsdorf stated he agrees with Mr. Ratliff, we should know what we are voting on. Mrs. Gustin asked if this was an ongoing thing. Mr. Lively said yes. The street list is a judgment call. Dr. Gilsdorf said we are year and ½ behind, and we don’t have a City Engineer, you need the priority. Finish the ones we have. It’s more priority rather than funding. Mr. Ratliff said we don’t know what we are spending on, we need the list. Mr. Thomas said this is not new. To hold up this ordinance, because we don’t know what streets are going to get paved, you call the constituent back with the information. Mr. Ratliff said by 8:15 we can find out what streets are going to get paved.
Mr. Shoup said we can recess for a moment and get the list.
Mr. Thomas called the question
Roll call for suspension: YEAS: Mr. Thomas; Mrs. Blevins, Mr. Smith, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: Mr. Ratliff, Dr. Gilsdorf.
Dr. Gilsdorf asked for the list. Motion to recess for 10 minutes, Mr. Ratliff seconding. Roll call: YEAS: Mr. Ratliff, Mrs. Blevins, Mr. Smith, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: Mr. Thomas.
Reconvened @ 8:21 pm
Mr. Ratliff noted that there are 14 streets on the list – which ones for this year? Dr. Gilsdorf asked what streets you will be doing first. Mr. Lively said not at this time. Dr. Gilsdorf said this is the priority issue. Mr. Lively said no.
Mr. Thomas made the motion to have a special meeting tomorrow night for the repaving ordinance @ 8:30, Mr. Smith seconding. Roll Call: YEAS: Mr. Ratliff, Mr. Thomas, Mrs. Blevins, Mr. Smith, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None. ORDINANCE 2011-71 HAS HAD ITS FIRST READING

Matters not on the Agenda
Mr. Thomas noted the new list of the committee assignments with John Smith coming back to Council.
Dr. Gilsdorf asked about the Mayor’s comment on the Health Issue about the fear of putting the health issue out to bid. Mayor Schertzer said we have put it out to bid. I was concerned that the 0% might not be offered to us if we waited.
Mr. Ratliff passed out some information on Cando. A situation has occurred and I’m trying to monitor this a little more closely. Wanted to inform all of Council, got a copy of a lead that was sent to Cando and I forwarded to Cando again stating that there was a company looking for space that had 1000 jobs @ 35.00/hr. that would be a game changer for our community. I know you already have this, but this would be a great thing for our community, let me know what you need from me or my committee to formulate a response, the deadline is looming close. And my response I got from Cando was Thanks Ayers. I followed up on Monday and asked for a response on that lead. Their response was we didn’t reply because we didn’t feel we had a suitable building. Our list of 6 responses back from 2010, 3 responses since our last committee meeting. 9 responses in a year and half.
$300,000 dollars of our tax money to show 9 people. I’m absolutely disappointed and disgusted what we are continually in paying an organization a lot of tax dollars who is not responding to leads such as this one. I wanted to make that known.
Dr. Gilsdorf agreed with Mr. Ratliff by making more inquiries to Cando and specifically Mr. Thompson. I don’t understand this either.
Mr. Ken Lengieza, Planning Director spoke. This is a quick response list. In this case, where the State of Ohio is pulling together responses across the State. Ohio is trying to compete with other states. If they want a 400,000 sq. ft building, that’s what they want. They don’t want anything else. I talked with the people with the State, if we wanted new build that is what we will ask for. Biggest risk, leaking the confidentiality of the State, not giving them what they want, submitting garbage in the their eyes and not having a chance with future lists. Craig did the correct thing, not respond.
More serious, who is passing this list around. Where did you get this list? Mr. Ratliff said it is not a confidential list. Mr. Lengieza said it is a confidential list with the State level. The person that gave you this list did they tell you what it was off of? Mr. Ratliff said I checked it out and there was nothing about this that was confidential at all.
Mr. Lengieza went on to say that the State asked him if this was released to any news media, he said it was released to the local TV station and he said “what”. That’s not supposed to happen. That could hurt Marion in the future. Taking these things and throwing them around. Mr. Ratliff said you can hurt us more if not responding, or hurt us more if we are going to talk about it. I would take talking about it. Non-performance than just keeping it as a secret, I don’t see anything changing for the positive, if it’s OK with everybody if we don’t respond.
Mr. Lengieza you respond if you meet their criteria. This is for a high priority, quick response, and confidential list. Any questions, I can explain about it, but that is what it is.
Mr. Thomas asked if Pam Hall gave you this, Mr. Ratliff said no. Mr. Thomas asked if somebody else gave you this information. Mr. Ratliff said yes. I’m extreme disappointed in this situation. There are leads that we don’t respond to and everybody is OK with that, when we don’t have jobs coming to us in the future, we need not wonder why.
Mr. Lengieza said that’s 9 from the quick response list. There are other people calling. When you give out accurate information, they will call. If you have creditability, they will come back. The last thing we need to do is making up stuff. If it’s close, he will call. There are 5 or 6 other sources.
Mr. Ratliff asked in 2010 and 2011 he gave us 9 – 6 from 2010 and 3 in 2011. I’m talking about information I’m asking from him. We are the funding agent. Mr. Lengieza said I think you should ask for this information instead of making charges that he’s not doing the job, when it’s off a different list. Mr. Ratliff said he has asked for those.
Mr. Ratliff asked about the Silverline issue, have we had additional follow-up on the Silverline issue. Mr. Russell said we met last Thursday, and to meet again and clear up the matter that was raised. Mr. Edwards asked who was at the meeting. Mr. Russell said the only person to show up was the County Prosecutor. Dr. Gilsdorf stated the letter from Mr. Smith that is his preference to have the City Police and Fire take care of them, but what is the legal status. What is the legal requirement of the county and city vs. what is his preference.
Mr. Russell said the City opened the airport in 1951 – city services. 1993 made the Airport Industrial Park. City Council before you allocated close to 3 million of tax dollars to create a site where companies would come and employ our people. 1st tenant was Mopac in 1995; 2nd Stevens Construction in 1998; Silverline in the SE corner of the Park.
The authority for the City to apply safety services to the airport. Chapter 717.01B enables us to operate a air park within or outside the limits of the corporation. 719.01 another enabling section providing services. The Dayton Case specifically enabling cities to operate and provide for airports and the amenities associated with the airports. November 6, city of Springfield is looking to take over the airport and provide city services. Cities see these as economic engines, supporting families.
When they came here, they made the decision; City of Marion built it, sewers, and roads, safety services with ISO ratings of 3 to allow them to function efficiently and compete with their competitors.
Dr. Gilsdorf said Silverline purchased the property that they are on May 4, 2005, and that case you cite in Dayton, is that property owned by the City or owned by the Company? I understand about the airport, now you’re talking about land that is not the airport, its separate land. Mr. Russell said you can’t draw that black and white distinction and others have. What we have is an Airport Industrial Park. These properties are in that Park. The statue says we continue their services. They are required under their covenants within their deeds to comply with our rules and regulations. They are subject to our rules and regulations, and we have an obligation to supply them with safety services.
Mr. Ron Scheiderer TV 22 spoke – the issue was the Attorney General’s opinion of the land not being owned by the City. You are still in a difference with the Attorney General and the Prosecutor. Mr. Russell said this is not a new issue to us, we started this 1993. In our opinion given the facts, we know the lay of the land. The Attorney General answered the question by the County Prosecutor at which it was asked. We met with the County Prosecutor last Thursday to try and gain some answers. This is a jobs issue. Keeping an employer with 600 people employed. 99% of the time in local government, we are extremely conservative of what we do. We research cases. 99% of the time, we meet other offices, county offices, other, they have agreed to meet later on. We are working towards an equal agreement.
Mr. Sulu Kelley, E Farming – the popcorn festival expenses and the income of it as well. Greenwood Street needs fixed.
Mr. Terry Cline, E. George St. asked about a bill from the Utility Department concerning 412 E. Mark St. It’s the community garden. Storm Sewer @ 8.32; 24.46 for sewer; and sanitation @ 40.66. I’d like to know why. Dr. Gilsdorf asked if there is a water outlet there. Mr. Cline said OAW put a picket there for us to use, we pay the water. Mr. Shoup spoke said he will research it and get back with you. Brenda Nwosu said that you spoke to me on the phone. I said I would remove the trash, then would speak with Jay on the sewer and storm. At any time there is water usage there will be charge. Mr. Schaber said when the water flows through the meter, you’ll be charged. Mr. Cline said you never got back with me. Mrs. Nwosu said she left word. Mr. Shoup said he will get back with him.
Mrs. Kiser, 429 Uhler Ave, NAACP President. Mayoral debate on Sept. 22, 7-9 pm @ TV 39. This will be aired live. NAACPMarion@gmail.com. Call in or email with any questions you may have.

COMMITTEE DATES

Finance 9/20 @ 6:30 PM Budget Review
Jobs & Economic Deve. 9/20 @ 6:45 PM NSP Demolitions

Mr. Ratliff moved to excuse Mr. Cumston, Mr. Thomas seconding. By a voice vote all members voted to excuse Mr. Cumston.

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


______________________________ Dave Edwards President of Council

_________________________
Clerk of Council