February 13, 2012 Summary

MARION CITY COUNCIL MEETING


City Hall – Council Chambers on February 13, 2012, 7:30 PM

ROLL CALL – 8 members answered –Mr. Ratliff, Mr. Thomas, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin, Mr. Schaber, Mr. Edwards. Mr. Ratliff moved to excuse Mr. Cumston and Mrs. Crowe, Mr. Thomas seconding. By a voice vote all members voted in approval to excuse both councilpersons.

PRAYER LED BY PASTOR DOUG FORD

PLEDGE OF ALLEGIANCE

Summary of Proceedings for January 23, 2012, Mr. Thomas moved to approve, Mr. Osborn seconding. The roll call: YEAS: Mr. Ratliff, Mr. Thomas, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin, Mr. Schaber; NAYS: None. Summary of Proceedings is approved.

Public Hearing Open @ 7:33 pm:
Mrs. Evie Cummings stated that there is a sign in sheet we are passing around for the attendance here. The Ohio Dept. of Development has a variety of programs. This is our first Public Hearing for them.
Block grant money and home investment money. We are not certain what we will have this year. We do know that we can apply for the housing grant (CHIP) its deadline is April 2, 2012. We will meet with Jobs & Economic Devel. Either the 21st or the 27th, then onto full Council. The Housing grant – home repairs, full owner occupied rehab. Will coordinate with Metropolitan Housing Authority, maybe assist with Habitat. There is a variety of things we can do with Housing. The State has a couple of other grants. The next one is the Formula grant which the deadline is the end of June. Low or moderate income people slum or blight. Sidewalks, streets, sewers, repairs things of that nature. The second sheet is the tentative time line with the projects. Make suggestions to Regional Planning by April 13th. Then we will set up the public hearings. Combined with the Formula usually is the distress grant, it’s a little bit for infrastructure. We may not get that funded this year.
Mr. Ken Lengieza said on March 22nd the State will have a hearing; we are going to try to have a representative down there. The Federal gov’t. has cut back some of these funds. Mr. Ratliff asked about the amount – when we will know of the $$. Mr. Lengieza said this year the State knows now, we will probably know by April.
Public Hearing Closed @ 7:38 pm.

Old Business:

ORDINANCE 2012-05:
ORDINANCE RE-DECLARING THE CITY OF MARION’S SUPPORT FOR DOWNTOWN MARION, INC., INCLUDING BUT NOT LIMITED TO FINANCIAL SUPPORT IN ORDER TO CONTINUE THE COMMUNITY’S EFFORTS TO REVITALIZE THE DOWNTOWN AREA
Mr. Ratliff noted I’ll ask for a 2nd reading this evening. Why is the phrase in “included but not limited to financial support” is in 2012-5 and not in 2012-6. What does that phrase really mean, why is it in one and not the other. Mr. Russell said he can examine it between now and 3rd reading and get back with you. ORDINANCE 2012-05 HAS HAD ITS 2ND READING

ORDINANCE 2012-06:
ORDINANCE RE-DECLARING THE CITY OF MARION’S SUPPORT FOR CAN DO! IN ORDER TO CONTINUE THE ECONOMIC PROSPERITY OF THE GREATER MARION AREA
Mr. Ratliff noted I’ll ask for a 2nd reading this evening. ORDINANCE 2012-06 HAS HAD ITS 2ND READING

ORDINANCE 2012-7:
ORDINANCE TO VACATE THE STREET KNOWN CHENEY AVE. BETWEEN LOTS 8785/8804 (SOUTHERN END) AND LOT 8756 (NORTH END) AND AN 13’ WIDE NORTH/SOUTH ALLEY WEST OF LOTS 8756 TO 8760, IN THE CITY OF MARION, OHIO (Applicant, Nucor Steel)
Mr. Thomas noted this came out Streets & Sewers with a 3-0 recommendation, we are asking for a 2nd reading this evening, we will have a public hearing on February 27, 2012 @ the Council Meeting. ORDINANCE 2012-7 HAS HAD ITS 2ND READING

NEW BUSINESS:

RESOLUTION 2012-6:
RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY OF MARION, OHIO TO PREPARE AND SUBMIT AN APPLICATION TO PARTICIPATE IN THE OHIO PUBLIC WORKS COMMISSION STATE CAPITAL IMPROVEMENT AND/OR LOCAL TRANSPORTATION IMPROVEMENT PROGRAMS AND TO EXECUTE CONTRACTS AS REQUIRED, AND DECLARING AN EMERGENCY
Mr. Thomas noted this came out Streets & Sewers with a 3-0 recommendation for approval, I’m asking to suspend rules, Mr. Smith seconding. Roll call: YEAS: Mr. Ratliff, Mr. Thomas, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin, Mr. Schaber; NAYS: None.
Mr. Thomas moved to adopt, Mr. Smith seconding. Roll call: YEAS: Mr. Ratliff, Mr. Thomas, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin, Mr. Schaber; NAYS: None. RESOLUTION 2012-6 IS ADOPTED

ORDINANCE 2012-08:
ORDINANCE ENACTED BY THE CITY OF MARION, MARION COUNTY, OHIO, HEREINAFTER REFERRED TO AS THE LOCAL PUBLIC AGENCY (LPA), IN THE MATTER OF RESURFACING OF SR 309 AND SR-4 AND DECLARING AN EMERGENCY
Mr. Thomas noted this came out Streets & Sewers with a 3-0 recommendation for approval, I’m asking to suspend rules, Mr. Smith seconding. Roll call: YEAS: Mr. Ratliff, Mr. Thomas, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin, Mr. Schaber; NAYS: None.
Mr. Thomas moved to adopt, Mr. Smith seconding. Roll call: YEAS: Mr. Ratliff, Mr. Thomas, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin, Mr. Schaber; NAYS: None. ORDINANCE 2012-08 IS ADOPTED

ORDINANCE 2012-09:
ORDINANCE AUTHORIZING AND DIRECTING THE SERVICE DIRECTOR TO PREPARE SPECIFICATIONS AND ADVERTISE FOR BIDS FOR THE PURCHASE OF 2 PASSENGER VEHICLES FOR THE SENIOR CENTER, AND DECLARING AN EMERGENCY
Mr. Daniels noted this came out Finance with a 3-0 recommendation to move to Council. Mr. Daniels asked Mrs. Wisebaker how quick you need this. Mrs. Wisebaker said it’s just a spec & bid, the money to purchase these vehicles, is from the Federal Gov’t. earmarked to purchase vans for the Senior Center. We need vehicles that are more fuel efficient.
Mr. Osborn moved to suspend rules, Mr. Daniels seconding. Roll call: YEAS: Mr. Ratliff, Mr. Thomas, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin, Mr. Schaber; NAYS: None.
Mr. Daniels moved to adopt, Mr. Osborn seconding. Roll call: YEAS: Mr. Ratliff, Mr. Thomas, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin, Mr. Schaber; NAYS: None. ORDINANCE 2012-09 IS ADOPTED

ORDINANCE 2012-11:
ORDINANCE AUTHORIZING AND DIRECTING THE SERVICE DIRECTOR TO PREPARE PLANS AND SPECIFICATIONS, AND ADVERTISE FOR BIDS FOR THE MERCHANT, HOMER, SPENCER, CLOVER STREETS ROADWAY REPAIRS, PHASE 2, PROJECT 12-1P, IN THE CITY OF MARION, OHIO
Mr. Thomas noted this came out Streets & Sewers with a 3-0 recommendation for approval, I’m asking to suspend rules, Mr. Smith seconding. Roll call: YEAS: Mr. Ratliff, Mr. Thomas, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin, Mr. Schaber; NAYS: None.
Mr. Thomas moved to adopt, Mr. Smith seconding.
Mr. Ratliff asked where our projects are, can you give us a quick update. Engineer Terry Lively said we have ongoing projects. 20 odd projects in the works right now. With the reduced staffing, we are moving @ a snail’s pace. We are doing what we can. Mr. Daniels asked about Homer, Clover, bad fill? Mr. Lively said it was bad CDF fill. The received a bad batch, and it didn’t set up properly. Mr. Thomas said the Council should look at where we put that money from the Grants; we have to use the Engineering Dept for inspection. We should look at things differently, we have 3 people in the Engineering Dept, and they have been doing a great job, an Engineer, an Inspector and a Clerk.
Roll call for adoption: YEAS: Mr. Ratliff, Mr. Thomas, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin, Mr. Schaber; NAYS: None. ORDINANCE 2012-11 IS ADOPTED

ORDINANCE 2012-12:
ORDINANCE AUTHORIZING AND DIRECTING THE SERVICE DIRECTOR TO PREPARE PLANS AND SPECIFICATIONS, AND ADVERTISE FOR BIDS FOR THE 2012 STREET RESURFACING PROGRAM, PROJECT 12-1R, AND APPROPRIATING THE NECESSARY FUNDS, IN THE CITY OF MARION, OHIO
Mr. Thomas noted this came out Streets & Sewers with a 3-0 recommendation for approval, I’m asking to suspend rules, Mr. Smith seconding. Roll call: YEAS: Mr. Ratliff, Mr. Thomas, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin, Mr. Schaber; NAYS: None.
Mr. Thomas moved to adopt, Mr. Smith seconding. Roll call: YEAS: Mr. Ratliff, Mr. Thomas, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin, Mr. Schaber; NAYS: None. ORDINANCE 2012-12 IS ADOPTED

ORDINANCE 2012-13:
ORDINANCE AUTHORIZING AND DIRECTING THE SERVICE DIRECTOR TO ENTER INTO CONTRACT WITH MAPLE CITY CONCRETE FOR THE NYE STREET SEWER IMPROVEMENTS PROJECT 11-2S
Mr. Thomas noted this came out Streets & Sewers with a 3-0 recommendation for approval, I’m asking to suspend rules, Mr. Smith seconding. Roll call: YEAS: Mr. Ratliff, Mr. Thomas, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin, Mr. Schaber; NAYS: None.
Mr. Thomas moved to adopt, Mr. Smith seconding. Roll call: YEAS: Mr. Ratliff, Mr. Thomas, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin, Mr. Schaber; NAYS: None. ORDINANCE 2012-13 IS ADOPTED

ORDINANCE 2012-14:
ORDINANCE RATIFYING, AUTHORIZING AND APPROVING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF MARION AND UNITED STEELWORKERS OF AMERICA LOCAL 1949 UNIT 2A AND DECLARING AN EMERGENCY
Mr. Daniels asked what the wishes of Mr. Robbins are. Mr. Robbins noted that the recommendation from the Administration and the Steelworkers is for the adoption of this ordinance. Mr. Daniels moved to suspend rules, Mr. Ratliff seconding.
Roll call for suspension: YEAS: Mr. Ratliff, Mr. Thomas, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin, Mr. Schaber; NAYS: None.
Mr. Daniels moved to adopt, Mr. Ratliff seconding.
Mr. Osborn noted that are a few things he feels that are not appropriate at this time. 1 item is the sick leave sell back no longer in contract. Now it’s similar amount of hours that they can use the next calendar year. That’s the issue I have. Mrs. Gustin asked Mr. Robbins if they agreed. Mr. Robbins said it was not unanimous. They will not gain a cash value at the end of the year. Mr. Ratliff said there is a concern in the future, where is that money going to come from and meet those obligations to our employees.
Roll call for adoption: YEAS: Mr. Ratliff, Mr. Thomas, Mr. Smith, Mr. Daniels, Mrs. Gustin, Mr. Schaber; NAYS: Mr. Osborn. ORDINANCE 2012-14 IS ADOPTED

ORDINANCE 2012-15:
ORDINANCE AUTHORIZING THE SAFETY DIRECTOR FOR THE CITY OF MARION, ON BEHALF OF THE MARION MUNICIPAL COURT, TO ENTER INTO CONTRACT WITH TRECA FOR DATA INFRASTURECTURE REPLACEMENT WITHIN CITY HALL AND DECLARING AN EMERGENCY
Mr. Daniels noted that this came out of Finance, I’ll ask for a 1st reading tonight. Mrs. Gustin asked if there is a problem with the 1st reading, does she need this so she doesn’t get fined by the Federal Gov’t? Mr. Robbins said a first reading is fine. Mr. Ratliff said since we are government entity and TRECA also, a spec and bid is not needed. Is there anything that prohibits us to do a spec & bid? Mr. Russell said no there isn’t. It has been let out before; maybe Mr. Robbins can bring that information to us @ the next Council meeting. Mr. Robbins said he would, we had bid out a phone system and rewiring. Mr. Thomas said it’s just the rewiring of City Hall. The whole things were 250,000 – 300,000. Not a complete system. I have an issue with this; we are doing away with the spec & bid. We should put it out and see if there is somebody out there lower than 75,000.00. Mayor Schertzer said we did spec & bid for a total project, we might be able to pull the rewiring piece out of that particular spec & bid to get a comparison of what this cost is now. Mrs. Gustin said it would be very easy to pull that out; they gave us 2 different amounts. Mr. Robbins said he will have to examine those documents again, the wiring was an issue. ORDINANCE 2012-15 HAS HAD ITS FIRST READING

ORDINANCE 2012-16:
ORDINANCE AUTHORIZING THE MARION MUNICIPAL COURT TO ENTER INTO AN AGREEMENT WITH STATE OF OHIO ATTORNEY GENERAL’S OFFICE TO COLLECT DELINQUENT DEBT WITH CERTAIN APPROVED TERMS AS PRESENTED
Mr. Daniels noted that this came out of Finance, I’ll ask for a 1st reading tonight. ORDINANCE 2012-16 HAS HAD ITS FIRST Reading

Matters not on the Agenda:
Mr. Ratliff asked to add on the agenda for tonight: Resolution 2012-7; Ordinance 2012-10; Ordinance 2012-17, and Ordinance 2012-18, Mr. Thomas seconding, Mr. Schaber third. ALL 4 ITEMS ADDED TO TONIGHT’S AGENDA
Mr. Ratliff moved to waive Rule 56 for Ordinances 2012-17 and 2012-18; Mr. Thomas seconding. Roll call: YEAS: Mr. Ratliff, Mr. Thomas, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin, Mr. Schaber; NAYS: None. RULE 56 WAIVED FOR ORDINANCES 2012-17 AND 2012-18

RESOLUTION 2012-7
RESOLUTION RECOMMENDING THAT THE MARION COUNTY BOARD OF COMMISSIONERS ENTER INTO AN AGREEMENT WITH U.S. YACHIYO INC. 1177 KELLOGG PARKWAY IN THE CITY OF MARION FOR THE PURPOSE OF ABATEMENT OF REAL PROPERTY TAX ON A BUILDING ADDITION AT ITS MANUFACTURING FACILITY, AT THE SAME LOCATION, TO ENCOURAGE THEM TO EXPAND AND CREATE JOBS, AND DECLARING AN EMERGENCY
Mr. Ratliff noted this came out Committee with a 3-0 recommendation for approval, I’m asking to suspend rules, Mr. Smith seconding. Roll call: YEAS: Mr. Ratliff, Mr. Thomas, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin, Mr. Schaber; NAYS: None.
Mr. Ratliff moved to adopt, Mr. Smith seconding.
Mr. Craig Thompson, CanDo spoke: we certainly support the US Yachiyo application. This is the project we have worked with them for the past several months. I want to commend US Yachiyo. First Energy was critical, Columbus 20/20 as well as Marion Connections were an important roll in this as well.
Roll call for adoption: YEAS: Mr. Ratliff, Mr. Thomas, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin, Mr. Schaber; NAYS: None. RESOLUTION 2012-7 IS ADOPTED

ORDINANCE 2012-10
ORDINANCE STATING THE COUNCIL OF MARION’S APPROVAL OF LYNN M. CLABAUGH’S APPLICATION TO DESIGNATE CERTAIN LANDS WITHIN THE MUNICIPALITY AS AGRICULTURAL DISTRICT PURSUANT TO ORC 929. ET AL.
Mr. Ratliff noted this came out Committee with a approval, I’ll ask for a 1st reading tonight.

ORDINANCE 2012-17
ORDINANCE ENACTED BY THE CITY OF MARION, SIMULTANOUSLY WITH THE MARION CITY SCHOOL DISTRICT, AND THE MARION PUBLIC HEALTH DEPARTMENT CONCURRENTLY ACT TO APPROVE, ALL BEING LOCATED IN MARION COUNTY, OHIO, HEREINAFTER REFERRED TO AS THE COLLECTIVE LOCAL PUBLIC AGENCY (LPA), IN RE: INFRASTURURE SAFE ROUTES TO SCHOOL PROJECTS, AND DECLARING AN EMERGENCY
Mayor Schertzer said he made reference to this last Council meeting. This is for infrastructure for the Taft School and non-infrastructure. This is up to 500,000.00. it has to be sent to ODOT by the end of this month. We are working with the Ohio Public Health, and the Marion City Schools. Taft School is in Fairpark, there is no local tax dollars, no General Fund, no CDBG, it all comes from the Safe Routes to School Program. This is the 1st time we have applied for it. Elementary and Middle school, no H.S. This is the next hurdle we have to take care of. Mr. Ratliff noted that section #2 there is a blank line, do we know the number. Mr. Shoup said that # is in process right now. As the 2012 application process was unveiled, we had to provide them a probable cost. We gave them estimates for sidewalks on Richmond and a bridge over the Creek. We’ve come up with 111,000.00. We are still putting cost estimates together along with Marion Area Health and the City school system. This is due on March 2. Mr. Ratliff asked how much more is there to the project. Mr. Shoup said we can spend 1 million dollars, we are limited to ½ million. We will probably end up with less; it is competitive in a state wide basis. Mr. Ratliff asked if he can report back to us with the $$. Mr. Shoup said yes, the PDF version is on line right now, it’s pretty transparent.
Mr. Ratliff moved to suspend, Mr. Thomas seconding. Roll call: YEAS: Mr. Ratliff, Mr. Thomas, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin, Mr. Schaber; NAYS: None.
Mr. Ratliff moved to adopt, Mr. Thomas seconding. Roll call: YEAS: Mr. Ratliff, Mr. Thomas, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin, Mr. Schaber; NAYS: None. ORDINANCE 2012-17 IS ADOPTED

ORDINANCE 2012-18
ORDINANCE ENACTED BY THE CITY OF MARION, SIMULTANOUSLY WITH THE MARION CITY SCHOOL DISTRICT,AND THE MARION PUBLIC HEALTH DEPARTMENT CONCURRENTLY ACT TO APPROVE, ALL BEING LOCATED IN MARION COUNTY, OHIO, HEREINAFTER REFERRED TO AS THE COLLECTIVE LOCAL PUBLIC AGENCY (LPA), IN RE: NON-INFRASTURURE SAFE ROUTES TO SCHOOL PROJECTS, AND DECLARING AN EMERGENCY
Mr. Ratliff moved to suspend, Mr. Smith seconding. Roll call: YEAS: Mr. Ratliff, Mr. Thomas, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin, Mr. Schaber; NAYS: None.
Mr. Ratliff moved to adopt, Mr. Smith seconding.
Mrs. Gustin asked what the project is. Mr. Shoup said non-infrastructure is maybe raffles, hats, anything that would promote usage of the infrastructure of around the school students walking to school instead of getting dropped off. They are trying to combat childhood obesity. The other one is the more traditional – sidewalks, cross walks, curb and gutter, signage, the bridge, just to make it more inviting and safer and healthier for the students to travel to and from their school. We are doing only 1 school now, to see how it works. If this proves to be a success, we’ll go to another school. The reason why we picked Taft, it’s the largest elementary school.
Roll call for adoption: YEAS: Mr. Ratliff, Mr. Thomas, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin, Mr. Schaber; NAYS: None. ORDINANCE 2012-18 IS ADOPTED

COMMITTEES

Finance 2/21 @ 6:30
Jobs & Economic Will let the clerk know.
Regional Planning 2-22 @ 7:00 PM

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

______________________________ Dave Edwards President of Council

_________________________
Clerk of Council