October 8, 2012 Summary

MARION CITY COUNCIL MEETING


City Hall – Council Chambers on October 8, 2012, 7:30 PM

ROLL CALL – 9 members answered – Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Blevins, Mr. Smith, Mr. Daniels, Mrs. Gustin, Mr. Schaber, Mr. Edwards;
Mr. Cumston moved to excuse Councilperson Osborn, Mr. Smith 2nd. Roll Call: Ayes all, motion carried – Mr. Osborn is excused.

PRAYER LED BY PASTOR DOUG FORD

PLEDGE OF ALLEGIANCE

Summary of Proceedings for September 10, 2012, Mr. Cumston moved, Mr. Schaber 2nd. Roll call: Ayes all, motion carried. Summary of Proceedings is approved.

NEW BUSINESS:

RESOLUTION 2012-21:
RESOLUTION AUTHORIZING THE SUBMITTAL OF PROPOSALS WITH THE OHIO DEPARTMENT OF TRANSPORTATION FOR GRANTS THROUGH THE US DOT FEDERAL TRANSIT ADMINISTRATION (FTA), AS AUTHORIZED UNDER FEDERAL TRANSIT LAWS, AS CODIFIED 49 USC SECTION 5311, FINANCIAL ASSISTANCE FOR OTHER THAN URBANIZED AREAS AND FUNDS AVAILABLE FOR THE OHIO PUBLIC TRANSPORTATION GRANT PROGRAM AND EXECUTING A CONTRACT WITH THE OHIO DEPARTMENT OF TRANSPORTATION UPON GRANT PROPOSAL ACCEPTANCE, AND DECLARING AN EMERGENCY
Mr. Cumston said this came out of Finance with a 2-0 recommendation for approval. Motion to suspend, Mr. Thomas 2nd. Roll Call: Ayes all, motion carried.
Mr. Cumston moved to adopt, Mr. Thomas 2nd, Roll Call: Ayes all motion carried. RESOLUTION 2012-21 IS ADOPTED

RESOLUTION 2012-22:
RESOLUTION IN THE MATTER OF THE APPROVAL OF THE DELAWARE, KNOX, MARION, MORROW SOLID WASTE MANAGEMENT DISTRICT PLAN UPDATE, AND DECLARING AN EMERGENCY
Mr. Cumston said this came out of Municipal Services with no recommendation after considerably debate in that committee. Mr. Daniels has an amendment for it this evening.
Mr. Daniels read the amendment: “The City of Marion grants approval to said DKMM plan to be submitted to the Ohio EPA, contingent upon the acceptance that DKMM allow in-kind contributions in the matter of dispersing financial recycling grants. In-kind contributions might include wages, equipment purchases, fuel or other directly related expenses to any recycling program incurred by the potential grant recipient”. In this case it would be the City of Marion.
Mr. Cumston moved to 2nd the amendment. Roll Call for the amendment:
Mrs. Gustin asked if it’s feasible to amend this at this point. Mr. Russell said any ord. or resolution may be amended at certain times, I don’t see a reason why it would be subject to an additional amendment. That agency that relies on this may find it to be approving the plan, if you were to amend it. There is no reason why you can’t amend it. Mr. Cumston said there was considerably debate on this, and a lot of council person chimed in. I don’t think anyone wants to get rid of recycling. For us to buy a new truck, we would have to have matching funds. We help their numbers; they should count that as our in-kind contributions. If that regulatory body decides, it’s on them now to say yes or no. Mr. Thomas agrees with this amendment. We are the only city in the 4 county districts that does curb-side collecting, Delaware is ready to start, but we are the only one now. I would never do away with the curb-side recycling in Marion. For every ton of recycling, we do we save about 110.00. The waste district should take a look at what we are doing, and give us the in-kind to give us a truck.
Mr. Daniels said the tenure of this amendment may appear to be brazen, it is. The City now for 20 years, on its own accord created a recycling program for our citizens. We have done that by ourselves, no financial assistance from DKMM. They took our hard work and took our numbers to Columbus. But when we ask for assistance, they want a match. Our money has gone to salaries, equipment and fuel. If they want our participation, our approval on the plan, why put one idea forward 60% of the population to approve it, the plan can’t be changed. But it can be changed by the end of December. We receive no credit for it, we have nothing to lose. They don’t give us anything anyhow. This is totally independent with any discussions that the city won’t or won’t do with the recycling program. It has nothing to do with it.
Mr. Edwards asked what the repercussions were if not approved. Mr. Cumston said if it fails, it goes back to the EPA and they make the plan. We are already doing it. As far as I can tell, and through the discussions in the committee meetings, we are already in compliance.
Mr. Shoup said he agrees with Mr. Cumston’s outline. Mr. Daniels said I would welcome EPA to take over and draft those plans. EPA sees us as a municipality, where as DKMM sees us as a municipality in a county with 3 of its members and the other nine are voting for their own interest. I saw this consistently for 4 years. I think we would be on better terms if that happens.
Mr. Sulu Kelley said he in favor of this. The next time this goes through, it will probably help us out then.
Roll call for adoption for amendment: Ayes all, motion carried. Amendment is adopted.
Mr. Cumston moved to suspend, Mr. Thomas 2nd. Roll Call: Ayes all, motion carried.
Mr. Cumston moved to adopt, Mr. Thomas 2nd.
Mr. Edwards asked if we applied for a grant, do they have to live up to the Resolution. Mr. Russell said no. This is only looking forward in regards to getting a return for our recycling program.
Clerk read the title of the Ordinance again as amended.
Roll Call for adoption: Ayes all, motion carried. RESOLUTION 2012-22 IS ADOPTED AS AMENDED.

ORDINANCE 2012-73:
ORDINANCE AUTHORIZING AND DIRECTING THE SERVICE DIRECTOR TO ENTER INTO CONTRACT WITH SHELLY AND SANDS INC., FOR THE 2012 STREET RESURFACING PROJECT 12-1R FOR THE CITY OF MARION, OHIO AND DECLARING AN EMERGENCY

Mr. Cumston was approved in Finance then sent onto Streets. Mr. Daniels came out of Streets to a approve with a 2-0 recommendation.
Mr. Thomas moved to suspend, Mr. Blevins 2nd. Roll Call: Ayes all, motion carried.
Mr. Thomas moved to adopt, Mrs. Blevins 2nd. Roll Call: Ayes all, motion carried. ORDINANCE 2012-73 IS ADOPTED

Matters not on the Agenda:

Mr. Ratliff asked about the Drypers area. Mr. Russell said the demolition agent was convicted in criminal court. It is also pending in court of us going after the shell company LLC. OPEA is waiting on lab results concerning the asbestos.
Mr. Ratliff asked if there was any update on the gambling tax, any deductions made. Mr. Russell said a constituent have found some areas, but not have any time to look up those areas to go over.
Mr. Sulu Kelley spoke: Wanted to know about the Popcorn Festival money. Mayor Schertzer gave him the numbers. Mr. Kelley spoke of the brochure on the city income tax. Mayor Schertzer said he was unable to find in the ORC of using the city property is not prohibited. Mr. Kelley said you are using my tax dollars. Mayor Schertzer said the ORC is clear that I cannot use your tax dollars. No money has been taken from the general fund to promote this. Mr. Kelley said were they on duty, using a portion of my tax dollars for supporting the fund.
Mr. Willis Crocket, 429 Millburn Ave. asked about security systems in their homes. How many have permits. You must have a permit to have an alarm system in your home. The people that install these should be notified of this.
Mr. Daniels asked about the permit. Chief Bell said the fee is a $20.00 for a 2 – year period – for administrative costs. We don’t have any idea to have that turned off. We keep on that on file. We don’t make any money it, its 20.00/every 2 years.

COMMITTEES

Finance 10/16 @ 6:30
Jobs & Economic Deve. 10/16 @ 6:50
Legislation Codes 10/16 @ 6:40
Regional Planning 10/24 @ 7:00 County Bldg.
Zoning & Annexation 10/16 @ 7:00


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

 

____________________________ Dave Edwards President of Council

_________________________
Clerk of Council