June 24, 2013 Summary

MARION CITY COUNCIL MEETING


City Hall – Council Chambers on June 24, 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 TOM TONEY

PLEDGE OF ALLEGIANCE

Summary of Proceedings for June 10, 2013, Mr. Cumston moved, Mr. Thomas 2nd. Roll call: Ayes all, motion carried. Summary is approved.
Mr. Cumston moved to add the Finance Agenda on tonight’s agenda.
Resolution 2013-14, Ord. 32, Ord. 33, Ord. 34, & Ord. 35.
Mr. Ratliff moved to add Res. 2013-15 and Ord. 2013-37.
Mr. Thomas 2nd, Mr. Smith 3rd. All are added to tonight’s agenda.
Mr. Edwards also noted that Ord. 2013-28 will be moved to the very end of tonight’s agenda.

OLD BUSINESS:

ORDINANCE 2013-26:
ORDINANCE TO VACATE A CERTAIN 16.52’ WIDE NORTH/SOUTH ALLEY BETWEEN 436, 442 N. MAIN ST. & 443 N. STATE ST. (LOTS 545, 546, 553 & 554) PURSUANT TO ORC 723.041 RETAINING PERMANENT EASEMENT RIGHTS AND DECLARING AN EMERGENCY (Applicant, BEC Realty)
Mr. Thomas noted that was in Streets & Sewers, it came out with a 3-0 recommendation for approval; we will need a public hearing tonight.
Public Hearing now opened 7:36 PM.
Mr. Lengieza spoke about the alley; this went through City Planning and was approved.
Public Hearing now closed at 7:37 PM. Mr. Thomas moved to adopt, Mrs. Blevins 2nd. Roll call: Ayes all, motion carried. ORDINANCE 2013-26 IS ADOPTED

ORDINANCE 2013-29:
ORDINANCE AUTHORIZING THE AUDITOR TO CAUSE FUNDS RECEIVED AND TO BE RECEIVED RELATED TO REIMBURSABLES FROM ANOTHER GOVERNMENTAL ENTITY PAID UNDER AGREEMENT FOR PROVISION OF JANITORIAL SERVICES TO BE APPROPRIATED TO THE APPROPRIATE CITY HALL LINE ITEM
Mr. Cumston stated that this came out of Finance with a 3-0 recommendation for approval, motion to suspend; Mr. Thomas 2nd. Roll call: Ayes all motion carried.
Mr. Cumston moved to adopt, Mr. Osborn 2nd, Roll call: Ayes all motion carried. ORDINANCE 2013-29 IS ADOPTED

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 for a 2nd reading this evening. Mr. Thomas asked Mr. Ken Lengieza for clarification. Mr. Lengieza said he spoke with the Bond Council for the City of Marion, as to whether the fact that Marion Hand would be bought out of this, and also a potential change from senior to student. Mr. Steve Grassbaugh said it would still comply. ORDINANCE 2013-30 HAS HAD ITS SECOND READING

ORDINANCE 2013-31:
ORDINANCE TO AMEND ORDINANCE NO. 1969-29 (KNOWN AS THE YARGER REPORT) AS AMENDED, BY UPDATING THE EXISTING JOB DESCRIPTION OF THE ZONING INSPECTOR (RULE 56 WAIVED)
Mr. Cumston said that they are updating the position of the Zoning Inspector for the Yarger Report. I’ll make a motion to suspend, Mr. Smith 2nd.
Mr. Thomas asked about the bargaining unit, do they agree with it. Law Director Russell stated that the Employer and bargaining unit met, they didn’t voice an objection. Roll call for suspension: Ayes all, motion carried.
Mr. Cumston moved to adopt, Mr. Thomas 2nd. Ayes all, motion carried. ORDINANCE 2013-31 IS ADOPTED

NEW BUSINESS:

ORDINANCE 2013-36:
ORDINANCE AUTHORIZING AND DIRECTING THE SERVICE DIRECTOR TO ENTER INTO CONTRACT WITH HELMS AND SONS EXCAVATING, INC. FOR THE MILBURN AVENUE AND MEADOW STREET SEWER IMPROVEMENTS PROJECT 10-1S, AND DECLARING AN EMERGENCY
Mr. Thomas said that this was in S&S and it came out with a 2-0 recommendation for approval. We’ve been trying to get this done for 3-4 years; I’ll make the motion to suspend, Mrs. Blevins 2nd. Roll call: Ayes all, except for Mr. Daniels – he abstained, motion carried.
Mr. Thomas moved to adopt, Mrs. Blevins 2nd. Roll call: Ayes all, except for Mr. Daniels – he abstained, motion carried. ORDINANCE 2013-36 IS ADOPTED

RESOLUTION 2013-14
Mr. Cumston noted that this did not come out of Finance; it needs to go back to committee. Mr. Thomas moved to send it back to committee, Mr. Cumston 2nd. Roll call: Ayes all, motion carried. RESOLUTION 2013-14 WILL BE SENT BACK TO COMMITTEE

ORDINANCE 2013-32:
ORDINANCE MAKING AN ADDITIONAL APPROPRIATION IN THE POLICE DEPARTMENT FOR THE YEAR ENDING DECEMBER 31, 2013 FOR UTILIZATION OF FEES RECEIVED FROM FINGERPRINTING AND BACKGROUND CHECKS
Mr. Cumston noted that this came out of 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, Mrs. Gustin 2nd. Roll call: Ayes all, motion carried. ORDINANCE 2013-32 IS ADOPTED


ORDINANCE 2013-33:
ORDINANCE TO APPROPRIATE FUNDS FROM THE FEDERAL GRANT FUND PAID BY THE FEDERAL AVIATION ADMINISTRATION FOR THE AMENDED COST OF BASE SOIL THAT WAS NEEDED FOR CONSTRUCTION OF A TAXIWAY AT THE MARION MUNICIPAL AIRPORT
Mr. Cumston noted that this came out of 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: Ayes all, motion carried. ORDINANCE 2013-33 IS ADOPTED

ORDINANCE 2013-34:
ORDINANCE AUTHORIZING THE CITY AUDITOR TO PAY A BILL FROM THE SERVICE DIRECTOR’S OFFICE PURSUANT TO SECTION 5705.41(D)(1) OF THE OHIO REVISED CODE, AND DECLARING AN EMERGENCY
Mr. Cumston noted that this came out of 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: Ayes all, motion carried. ORDINANCE 2013-34 IS ADOPTED

ORDINANCE 2013-35:
ORDINANCE AUTHORIZING THE NECESSARY APPROPRIATION AND DIRECTING THE SERVICE DIRECTOR ENTER INTO CONTRACT FOR THE PURCHASE OF A 2014 VACALL AJV 610 SEWER CLEANING TRUCK FROM GRADALL INDUSTRIES INC. THE MACHINE WILL BE UTILIZED BY THE WATER POLLUTION DIVISION, AND DECLARING AN EMERGENCY
Mr. Cumston noted that this came out of Finance with a 3-0 recommendation for approval, motion to suspend, 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.
Mr. Cumston moved to adopt, Mr. Osborn 2nd.
Mrs. Gustin asked if the contract will be brought forward to Council again. Mr. Cumston said that this went through State Bid and NJS bidding system. It was the state purchasing program.
Roll call for adoption: Ayes all, motion carried. ORDINANCE 2013-35 IS ADOPTED

RESOLUTION 2013-15
RESOLUTION TO ADOPT AN ANTI-DISPLACEMENT AND RELOCATION ASSISTANCE PLAN IN CONFORMITY WITH REQUIREMENTS OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), AND DECLARING AN EMERGENCY
Mr. Ratliff stated that this came out of Jobs committee with a 3-0 recommendation. They need to update this every 5 years. I make a 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. RESOLUTION 2013-15 IS ADOPTED

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 this evening and that we can add it to the next Council meeting, I’d like to have its first reading tonight. ORDINANCE 2013-37 HAS HAD ITS FIRST READING.

ORDINANCE 2013-28:
ORDINANCE BY THE COUNCIL FOR THE CITY OF MARION, OHIO DECLARING A MORATORIUM PROHIBITING THE INTRODUCTION OF CHOLORAMINES TO THE WATER SYSTEM WITHIN THE CITY OF MARION, OHIO CREATING A PENALTY RELATED THERETO AND DECLARING AN EMERGENCY
Mr. Thomas said this is the 3rd reading; I’d like to open this up for discussion. Mr. Ratliff said about a month ago we were here and this is our response to buy us more time so as we can get a good grasp on this as we can. We’ve had ample discussions, citizens take their own action, and I don’t see a need for the actual moratorium. Mr. Cumston said he’d like to add – it’s confusing at best. At the end of the day, I’d like the system to find another way. It takes away my option to remove it. 140% rate increase through PUCO, we’ve spent money to fight those requests. My only objection, I would like to have the option to remove it. I’ve called 3 companies to get my options. The chloramines were a tough part; they can’t get it all out. My standpoint, whatever it took to find you an alternative. It’s a complicated equation. I should be able to do that. I want that as a personal choice.
Ron Schriderer, TV 22 spoke about his dog getting sick. Kidney shutdown. I took the water to Alloway, there was ammonia in it. No one can offer me an explanation why it’s in the water. The tap water tested 3 out of 5.
Mr. Ed Kolodziej, Aqua Ohio spoke: Marion is in the middle of Farm area. Documentation of ammonia levels in the surface water. Marion is predominately a surface water plant. Tom has some documentation on this. This is what was filed with the Ohio EPA.
Mr. Thomas Schwing, Aqua Ohio spoke: Test method methodology we use is what we report – our row of water natural occurring free ammonia is about .25 milligrams per liter. Even after we treat the water, we see .14 – 2 mil. per liter, it’s naturally there. We would expect that at any given time.
Mr. Kolodziej said the ammonia system was not turned on. It has not been tested. Construction and Fire inspections were completed today. Mr. Ratliff said I was there, took a tour of the facility and the actual place where the tanks are; it is not hooked up, I would smell it. There was nothing. Mr. Daniels said there is a certain amount of ammonia already in the water. Is this a different type of ammonia? Mr. Kolodziej said our target zone would be a 1.5 rating. .2 range would be defined as ambient. Mr. Ratliff said because he gave us an analysis report. You have given some readings what is naturally and occurring. Where do these levels fall?
Mr. Schwing said the PTL is the qualification level. .05 – couldn’t measure anything lower than that. .1 to .2 millimeters per liter naturally. I can’t tell you the difference from .2 to .7. Natural things have nitrogen present; it would be speculation for me to say anything. Mr. Ratliff asked if Alloway is a respectfully lab. Mr. Schwing said yes.
Mr. Ralph Hill said we don’t want chloramines in our water, why is it hard for you to understand. He spoke of some people in Maryland, dealing with chloramines.
Mr. Schwing said if the ammonia is in the raw water, you air strip it at the plant. That is why our raw supply is at .25. We monitor the chemicals both the ammonia concentration, chlorine concentration, all chemicals.
Mr. Hill said it leaches cement, paint off swimming pools, metal, lead; if all this is true, and harmful to our bodies. All the homes in Marion are over 100-150 years old, with copper and lead pipes, going into our system. We have to think about it, with our kids.
Mr. Osborn asked what about the resolution. Mr. Russell stated that almost 30 days of the moratorium, there have been many that have worked on an alternative statement. A formal request and ask the Ohio EPA for an extension, to work with the Company along with the EPA.
Mr. Osborn called for the question, Mr. Daniels seconding. Roll Call: YEAS: Mr. Thomas, Mrs. Blevins, Mr. Smith, Mr. Osborn, Mr. Daniels; NAYS: Mr. Cumston, Mr. Ratliff, Mrs. Gustin.
Mr. Thomas moved to adopt, Mr. Osborn 2nd. Roll Call: YEAS: Mr. Ratliff, Mr. Thomas, Mrs. Blevins, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin, Mr. Schaber; NAYS: Mr. Cumston. ORDINANCE 2013-28 IS NOT ADOPTED

Mr. Ratliff moved to add Resolution 2013-16, Mr. Thomas 2nd, Mr. Osborn 3rd.
RESOLUTION 2013-16
RESOLUTION OF THE COUNCIL FOR THE CITY OF MARION, OHIO AS TO THE OHIO ENVIRONMENTAL PROTECTION AGENCY'S ENFORCEMENT OF STAGE 2 DISINFECTION BYPRODUCT REGULATIONS, AND DECLARING AN EMERGENCY
Mr. Ratliff said we need to look at this situation a little bit differently as we had in the past. It shouldn’t be us vs. them. They are just trying to comply with EPA regulations. I don’t want to drink water that I can’t trust. We need to work together. Mr. Thomas said he agrees with Mr. Ratliff, as long as we work together and figure out what the costs are. Mr. Cumston said that he voted no to continue the moratorium. The EPA regulates us on everything. Since you’re a municipality, you don’t have the options. We are held to a different standard. I support the resolution. I support that hope they come to a conclusion. People are also worried about the cost too. If we went to court, we probably would have been struck down. I want the EPA to give us the choice. I’ll support the resolution, and move forward and be productive with results and compromises along the way.
Mrs. Gustin said in Section 2, it should be filed by June 28, how much time would we have before we make a decision on anything.
Mr. Kolodziej said we would work with the City this coming week for a waiver from the EPA. We can’t predict what the EPA would do, or when they will do it. Mrs. Gustin said if this goes, we have to go forth through the PUCO, we have to be their teammates to approach the PUCO. As a community we have battle them concerning the alternatives.
Mr. Ed Christian spoke about Cincinnati – they use ultra violet light purification. Why do we have to have something that will harm us? They can do this for so much cheaper. .85 or $15.00?
Rosa LeMaster asked about the time frame with the EPA. Wasn’t it 2 years? They have not been out of compliance. We can come up with an alternative in that time frame. Mr. Ratliff said that is what the Resolution states. The problem is not the not out of compliance, the EPA has changed their standards. Mrs. LeMaster asked if Council has checked any alternatives with pricing. Mr. Ratliff said we are going to be looking at other things.
Mr. Daniels said if you are going to have an argument, it has to be based on science. If you call any other system, they will say it’s the best. I’ve looked at this situation, and listened to this for an entire month. Some of it is true, some aren’t. How much longer do you want, it’s been in Denver for 90 years. This feels like scare tactics.
Mr. Osborn called the question on Resolution 2013-16. Mr. Daniels 2nd. Roll Call: YEAS: Mr. Smith, Mr. Osborn, Mr. Daniels; NAYS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Blevins, Mrs. Gustin, Mr. Schaber. CALLING THE QUESTION ON RESOLUTION 2013-16 IS NOT PASSED.
Mr. Bob Bowcock, Calif. spoke: when community members call and ask questions, I’m here to try and answer your questions. Ed and I have talked, it was good, but we disagree. I’m here to offer my services to the City. You have caused other to watch what you are doing. I would want to the opportunity to explore other options. An article from Delaware, Ohio, that’s the Cadillac. I applaud your efforts; I ask that you have a unanimous vote to send a message to the Ohio EPA saying that the community is engaged.
Mr. Schriderer asked if the water company committed with the Resolution, the 18 month window with the EPA. Mr. Ed Kolodziej said we are in favor to go jointly to the EPA. We are committed.
Mrs. Susan Pickford, PA said this is the issue of compliance; she went on to talk about the #’s on her graphs. Mr. Edwards said this is not concerning the Resolution that we have on the table at this time. Mr. Edwards said it is not about the alternatives at this time, it’s just about addressing the Ohio EPA with Aqua Ohio.
Mr. Sulu Kelley asked where is the Court on this pending litigation. Mr. Russell said my understanding in the past 2 weeks; it’s with the Common Pleas Court.
Mr. Thomas moved to waive rule 56, Mr. Cumston 2nd. Roll Call: Ayes all, motion carried. Mr. Cumston moved to suspend, Mr. Thomas 2nd. Roll Call: Ayes all, motion carried. Mr. Thomas moved to adopt, Mr. Cumston 2nd. Roll Call: Ayes all, motion carried. RESOLUTION 2013-16 IS ADOPTED

Matters not on the Agenda

Mr. Sulu Kelley spoke on the Harding Hotel about maintaining the impartiality on this issue.

COMMITTEES

Finance 7/1 @ 6:30
Legislation Codes 7/1 @ 6:45

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


____________________________ Dave Edwards President of Council
_________________________
Clerk of Council