July 8, 2013 Summary

MARION CITY COUNCIL MEETING


City Hall – Council Chambers on July 8, 2013, 7:30 PM

ROLL CALL – 10 members answered – Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Blevins, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin, Mr. Schaber, Mr. Edwards.

THE PRAYER LED BY PASTOR JUSTIN

PLEDGE OF ALLEGIANCE

Summary of Proceedings for June 24, 2013, Mr. Cumston moved, Mr. Thomas 2nd. Roll call: Ayes all, motion carried. Summary is approved.

OLD BUSINESS:

ORDINANCE 2013-30:
ORDINANCE AUTHORIZING THE ASSUMPTION OF ALL CITY RELATED MORTGAGES WITH MARION SENIOR HOUSING LIMITED PARTNERSHIP ON THE FORMER HARDING HOTEL BUILDING BY LOIS FISHER AND ASSOCIATES AND, IF ALLOWED BY THE OHIO DEVELOPMENT SERVICES AGENCY, THE RELEASE OF THE 5TH MORTGAGE, KNOWN AS THE DISCRETIONARY GRANT TO THE CITY OF MARION FOR A LOAN TO SAID PARTNERSHIP, AND DECLARING AN EMERGENCY
Mr. Cumston said this came out of Finance with a 2-1 NO recommendation, I’ll ask to open this up for discussion.
Mr. Sulu Kelley spoke: Is there any council person received monies from Lois Fisher, and to see whether or not you would be abstaining. Mr. Ratliff said he would like to defer to our Law Director, is this related to the sale of the property. Mr. Ratliff said would it be proper to go into executive session regarding this. Mr. Russell said it would go under Section 122.21(G2) assignment of mortgages. Start with the Planning Director. Mr. Ratliff said it is my understanding that there is another proposal out there. It should be made into executive session for a certain portion of things. I make that move. Mr. Daniels 2nd.
Mr. Russell said the basis for the executive session would be 122.21(G2).
Roll call for Executive Session: YEAS: Mr. Cumston, Mr. Ratliff, Mr. thomas, Mrs. Blevins, Mr. Smith, Mr. Daniels, Mrs. Gustin, Mr. Schaber, NAYS: Mr. Osborn.
City Council went into Executive Session.
City Council reconvened @ 9:03 PM
Mr. Russell stated for which the title was read was 2013-30. The amended would include to strike the wording “by Lois Fisher & Associates”. The 3rd paragraph delete “and Lois Fisher and Associates (“Fisher”), is” and strike and the last line of the paragraph in the next paragraph strike the work “Fisher”. And in Section 2 strike the name “Fisher”.
The Council is not stamping an approval for a particular entity that made an offer to the project; it’s not rejecting the proposal, nor endorsing the proposal. In addition to that amendment, this would be added to the end of Section 2 that any buyer is responsible to pay the mortgagor closing costs. In this case it would the city of Marion and County of Marion. Any buyer would be obligated to provide additional assurances as to the mortgages to the City of Marion and the County of Marion the sum of 383,000.00. Those additional financial assurances can be through personal note, a pledged asset, equity in a property of the City of Marion.
Mr. Thomas moved to approve the amendment, Mrs. Blevins 2nd. Roll Call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Blevins, Mr. Smith, Mr. Osborn, Mrs. Gustin; NAYS: Mr. Daniels, Mr. Schaber.
Mr. Cumston moved to suspend, Mrs. Blevins 2nd. Roll Call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Blevins, Mr. Smith, Mr. Osborn, Mrs. Gustin, Mr. Schaber; NAYS: Mr. Daniels.
Mr. Daniels spoke: There were 2 proposals that came before us. 6 week start was Lois. The other offers more monetary on the table. Before this ordinance, steers it towards one developer. I assume this will be approved. No member of Council has seen a first credit report, 849,000.00 of taxpayer debt with no credit report approved by Council person. No financial statement at all. Put their financials in a sealed envelope, and the best person would get it. There is not one clause that requires a personal obligation, it requires a 383,000.00 personal note or pledged assets. Every Bank that I’ve dealt with has required that you sign that mortgage personally. That means the asset or the company that’s managing the asset, they come get their house. Financially speaking this is not the best deal out there.
Mr. Osborn said I do feel that the Fisher proposal was the better proposal. Assurances of the 373,000.00 with commitment to repair the building. There are certain units that are inhabitable, the building is starting to deteriorate, and it needs tuck pointing. The other proposal didn’t make any attempt to contact any of us; it’s been in the works since March of this year. It’s been ample time.
Mr. Sulu Kelley 365 E Farming spoke: Generally, this was a good presentation.
Roll Call for Adoption: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Blevins, Mr. Smith, Mr. Osborn, Mrs. Gustin; NAYS: Mr. Daniels, Mr. Schaber. ORDINANCE 2013-30 IS ADOPTED AS AMENDED

ORDINANCE 2013-37
ORDINANCE AUTHORIZING THE SAFETY DIRECTOR TO PREPARE PLANS AND SPECIFICATIONS, AND ADVERTISE FOR BIDS FOR THE CONSTRUCTION OF A TRAIL AT AND LEADING TO SAWYER LUDWIG PARK WITH FY 2012 COMMUNITY DEVELOPMENT BLOCK GRANT MONEY, AND DECLARING AN EMERGENCY
Mr. Ratliff said this item came out of committee with a 3-0 recommendation for approval, this would be its 2nd reading tonight, I’ll move to suspend, Mr. Thomas 2nd. Roll call: Ayes all motion carried.
Mr. Ratliff moved to adopt, Mr. Thomas 2nd. Roll call: Ayes all motion carried. ORDINANCE 2013-37 IS ADOPTED.

NEW BUSINESS:

RESOLUTION 2013-14:
RESOLUTION APPROVING AND ADOPTING THE BUDGET OF THE CITY OF MARION, OHIO FOR THE YEAR 2014, AND DECLARING AN EMERGENCY
Mr. Cumston stated this came out Finance with a 3-0 recommendation for approval, motion to suspend, Mr. Osborn 2nd. Roll Call: Ayes all, motion carried.
Mr. Cumston moved to adopt, Mr. Smith 2nd. Roll call: YEAS: Mr. Cumston, Mr. Thomas, Mrs. Blevins, Mr. Smith, Mr. Osborn Mr. Daniels, Mrs. Gustin, Mr. Schaber; NAYS: Mr. Ratliff. RESOLUTION 2013-14 IS ADOPTED

ORDINANCE 2013-38:
ORDINANCE AUTHORIZING AN ADDITIONAL APPROPRIATION FROM THE GENERAL FUND TO MARION AREA TRANSIT AND AUTHORIZING THE AUDITOR TO COMPLETE ALL ACTS NECESSARY TO COMPLY WITH THE DIRECTIVE FROM ODOT AS TO UTILIZING A GRANT MANAGEMENT CONSULTANT AND AUTHORIZING THE SERVICE DIRECTOR TO ENTER INTO CONTRACT WITH THE ODOT APPROVED AND IDENTIFIED CONSULTANT AND DECLARING AN EMERGENCY
Mr. Cumston stated this came out of Finance with a 3-0 recommendation for approval; the body is omitted for tonight. Mr. Russell said this is just a 1st reading this evening. We have to get more information from the Service Director. ORDINANCE 2013-38 HAS HAD ITS FIRST READING

Matters not on the Agenda

A gentlemen inquired about the pond in front of City Hall, can you fix the storm drain. Mayor Schertzer stated that we wanted to get that done this year, but it didn’t happen through the CDBG.
Mr. Don Gusman spoke about the chloramines in the water.
Mr. Osborn asked if you have contacted the water company. Mr. Gusman said no.
Mrs. Franks, Main St. was not satisfied what happened with the water company. Mrs. Gustin said this is not a dead subject. We have to legally watch what we do, and do it in a sequential form.
Mr. Ratliff said we don’t own the water company, they don’t answer to us. This is the realty in the mean time.
Mr. Cumston said they took away my choice. I’d want the community to decide on and not nine people.
Sulu Kelley 200 Barnhart St. spoke on the filing of the reports. Marmet is required to file a report to file with the Clerk Fulton and Marion Police Dept. – they don’t exist. Mrs. Gustin said we are given a police report monthly. We are fully aware of what goes on in the police dept. They are extensive reports. I’m fully aware what going on. Mrs. Blevins said aren’t those reports you send us, isn’t that what you are asking. Chief Bell said I don’t know what reports he is asking for. Mr. Daniels said I would like to get you an answer. I’ll ask Mr. Russell about ORC 2981. Mr. Russell said he would have to review 2981, I will respond to the next meeting. Mr. Daniels said if it’s a legal requirement, we would want to have done so.
Keith Schriber, 339 N. State – how many officers are on the drug task force. Chief Bell stated that it consists of deputies from the Sherriff’s office and 3 police officers.

COMMITTEES

Finance 7/16 @ 6:30
Legislation Codes 7/16 @ 6:45
Regional Planning 7/24 @ 7:00 @ County Bldg.
Mr. Thomas inquired what was on Legislation Codes. Mr. Daniels said loitering laws for sexual offenders.

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


____________________________ Dave Edwards President of Council
_________________________
Clerk of Council