August 12, 2013 Summary

MARION CITY COUNCIL MEETING


City Hall – Council Chambers on August 12, 2013, 7:30 PM

ROLL CALL – 9 members answered – Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Blevins, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin, Mr. Edwards. Mr. Cumston moved to excuse Mr. Schaber, Mr. Ratliff 2nd. By a voice vote all members voted in approval to excuse Mr. Schaber.

THE PRAYER LED BY TIM ERRINGTON OF FAMILY LIFE CHURCH

PLEDGE OF ALLEGIANCE

Summary of Proceedings for July 22, 2013, Mr. Cumston moved, Mr. Ratliff 2nd. Roll call: Ayes all, motion carried. Summary is approved.

Mr. Scott Ballenger, Aqua Ohio spoke: Aqua is changing the billing process from bi-monthly to monthly, to start in November 2013. A letter will be going out, a post card and on 2 billings. Monthly billing will be better, water leaks, catch it sooner. Mr. Cumston asked if you’d be reading the meters monthly, Mr. Ballenger said yes. Mr. Osborn said how is that going to work with utility billing. Mr. Ballenger said you can go either way, monthly or bi-monthly.
Mr. Shoup spoke: we are going to be right there with Aqua. We are going to monthly as well. We are right on schedule, no billing problems right now. Mr. Daniels said for meter billings, they would be split in half. Mr. Ballenger said yes.
Mrs. Gustin asked if it will be slowly integrated or all at once. Mr. Shoup said at once. Mr. Ballenger said there will be some short billings and some long, but give it a month, and everyone should be monthly.
Mr. Ratliff said what exactly are we looking for in the future, already increases in place and increases in the future. Mr. Ballenger said we had the SIC filing implemented back in April. Over 2 million was invested in Marion last year. We have been planning on going monthly billing for a long time. We will be filing for a rate increase in October or November. We don’t do it the America Water way, coming in with 20 and getting 10. I don’t have an answer for you. We will just ask what is needed.
Sulu Kelley, offset bills every other month sewer and sanitation. Mr. Shoup said we will issue 1 bill. Utility Billing is understaffed, will we be ok. Mr. Shoup said we are going to reduce our cycles. As we switch to monthly, a larger batch, it will reduce the cycles. We will catch up with the renters a lot quicker. Mr. Ballenger said it will start November 1st.
Mr. Ratliff said we went from cards to envelopes. How much more in postage? Mr. Shoup said with letters going out – 25,000/year – bi-monthly. Every month it would be 50,000.00/year. When it was cards it was 14,000.00 year; double that 28,000.00/year. In order to switch back to postcards, we’d have to acquire new printers, a new burster/stacker, 30,000 and also a new script with New World. So that would take us a few years to catch up. We would eventually go to E-billing on line. Maybe a 1/3 of people would go for that. When we implement e-billing and issue letters, we’re hoping that it would be even money.

NEW BUSINESS:

ORDINANCE 2013-41:
ORDINANCE AUTHORIZING THE SERVICE DIRECTOR TO PREPARE SPECIFICATIONS AND ADVERTISE FOR BIDS FOR SNOW REMOVAL SERVICES AT THE MARION MUNICIPAL AIRPORT AND DECLARING AN EMERGENCY
Mr. Ratliff said this came out of Committee with a 2-0 recommendation for approval, I move to suspend, Mr. Cumston 2nd. Roll call: Ayes all, motion carried.
Mr. Ratliff moved to adopt, Mr. Cumston 2nd. Roll call: Ayes all, motion carried. ORDINANCE 2013-41 IS ADOPTED

ORDINANCE 2013-42:
ORDINANCE MAKING AN ADDITIONAL APPROPRIATION IN THE GENERAL FUND FOR THE YEAR ENDING DECEMBER 31, 2013
Mr. Cumston stated that this came out of Finance with a 3-0 recommendation for approval; this is for dispatch and fire, 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 2013-42 IS ADOPTED

ORDINANCE 2013-44:
ORDINANCE AUTHORIZING THE PURCHASE OF A 6 FOOT BY 6 FOOT PRECAST BOX CULVERT FROM UNITED PRECAST INDUSTRIES LLC OUT OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FY 2012 FUNDS FOR SAWYER LUDWIG PARK, AND DECLARING AN EMERGENCY
Mr. Cumston stated that this came out of Finance with a 3-0 recommendation for approval; this is for a project in Sawyer Ludwig Park, motion to suspend, Mr. Daniels 2nd. Roll call: Ayes all, motion carried.
Mr. Cumston moved to adopt, Mr. Smith 2nd. Roll call: Ayes all, motion carried. ORDINANCE 2013-44 IS ADOPTED

ORDINANCE 2013-45:
ORDINANCE AUTHORIZING AND DIRECTING THE SERVICE DIRECTOR TO ENTER INTO CONTRACT WITH SHELLY & SANDS FOR THE 2013 STREET RESURFACING PROJECT 13-1R FOR THE CITY OF MARION, OHIO AND DECLARING AN EMERGENCY
Mr. Thomas stated that this came out of Streets & Sewers with a 3-0 recommendation for approval, motion to suspend, Mrs. Blevins 2nd. Roll call: Ayes all, motion carried.
Mr. Thomas moved to adopt, Mrs. Blevins 2nd. Mrs. Gustin said she is asking for a delay on this because of the estimate being higher than anticipated. It would save thousands of dollars. Mr. Thomas said they were 23,000 above. Mr. Lively said 13.5% higher. It is possible to higher or lower bids, but it may be possible to get no bids. Mr. Ratliff said do you think this is totally out of line. Mr. Lively said no. Very small project and time of year we bid it. Mr. Thomas said since 1978 asphalt has risen in prices 7 times. Mr. Troutman asked Mrs. Gustin if she has additional information. Mrs. Gustin said she knows of people that did not put their bid in, and I think they should be called. Mr. Thomas said we are not required to call people, we have done everything the proper way.
Roll call for adoption: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Blevins, Mr. Smith, Mr. Osborn, Mr. Daniels; NAYS: Mrs. Gustin. ORDINANCE 2013-45 IS ADOPTED


ORDINANCE 2013-46:
ORDINANCE AUTHORIZING THE SERVICE DIRECTOR TO PREPARE SPECIFICATIONS AND ADVERTISE FOR BIDS FOR THE BIOSOLIDS LAND APPLICATION PROGRAM FOR THE DIVISION OF WATER POLLUTION CONTROL
Mr. Thomas stated that this came out of Streets & Sewers with a 3-0 recommendation for approval, motion to suspend, Mrs. Blevins 2nd. Roll call: YEAS: Mr. Cumston, Mr. Thomas, Mrs. Blevins, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin; NAYS: Mr. Ratliff.
Mr. Thomas moved to adopt, Mrs. Blevins 2nd. Mr. Ratliff thanked everyone for not having an ER clause on this.
Roll call for adoption: Ayes all, motion carried. ORDINANCE 2013-46 IS ADOPTED

ORDINANCE 2013-47:
ORDINANCE MAKING AN ADDITIONAL APPROPRIATION WITHIN THE MARION LAND BANK FUND FOR THE YEAR ENDING DECEMBER 31, 2013
Mr. Cumston stated that this came out of Finance with a 3-0 recommendation for approval; this is for the Land Bank, motion to suspend, Mr. Osborn 2nd. Roll call: Ayes all, motion carried.
Mr. Cumston moved to adopt, Mr. Thomas 2nd. Roll call: Ayes all, motion carried. ORDINANCE 2013-47 IS ADOPTED

ORDINANCE 2013-48:
ORDINANCE AMENDING EXISTING MARION CITY CODE CHAPTER 666 BY ADOPTING A NEW PROVISION TO BE REFERRED TO AS 666.19 RESIDENTIAL OCCUPANCY OF SEX OFFENDERS WITHIN CITY OF MARION, OHIO
Mr. Daniels stated that this came out of Legislation Codes with a 3-0 recommendation for approval; I’ll ask for a 1st Reading this evening.
Mr. Troutman asked about the 1500’ on all schools, do they have someplace to live? Look into this further. Mr. Russell said we will have the planning committee look at the map and review.
Mr. Sulu Kelley asked about the chicken ordinance – when will it be on the web site. Clerk said a week or two. ORDINANCE 2013-48 HAS HAD ITS FIRST READING

ORDINANCE 2013-49:
AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF NOTES IN THE AGGREGATE PRINCIPAL AMOUNT OF $1,330,000, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO PAY COSTS OF VARIOUS IMPROVEMENTS, AND DECLARING AN EMERGENCY
Mr. Cumston stated that this came out of Finance with a 3-0 recommendation for approval, I move to suspend.
Mr. Daniels asked about the 6% interest rate. Auditor Carr said it’s been running about 3.5%. It’s just a general percentage that our bond counsel has it in there. Mr. Ratliff said I have asked about the same questions, in the years past. They have never come close to that figure of 6%.
Mrs. Gustin 2nd for suspension. Roll call: Ayes all, motion carried.


Mr. Cumston moved to adopt, Mr. Osborn 2nd.
Auditor Carr read the Fiscal Officer’s Certificate.
Roll call for adoption: Ayes all, motion carried. ORDINANCE 2013-49 IS ADOPTED

ORDINANCE 2013-50:
AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF NOTES IN THE AGGREGATE PRINCIPAL AMOUNT OF $820,000, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO PAY COSTS OF IMPROVING N. GREENWOOD STREET, BETWEEN CERTAIN TERMINI, BY CONSTRUCTING STORM WATER SEWERS AND SANITARY SEWERS, TOGETHER WITH ALL NECESSARY APPURTENANCES THERETO, AND DECLARING AN EMERGENCY
Mr. Cumston noted that this came out of Finance with a 3-0 recommendation for approval; I move to suspend, Mr. Smith 2nd. Roll call: Ayes all, motion carried.
Mr. Cumston moved to adopt, Mr. Smith 2nd.
Auditor Carr read the Fiscal Officer’s Certificate.
Roll call for adoption: Ayes all, motion carried. ORDINANCE 2013-50 IS ADOPTED

ORDINANCE 2013-51:
AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF NOTES IN THE AGGREGATE PRINCIPAL AMOUNT OF $1,440,000, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO PAY COSTS OF IMPROVING LATOURETTE STREET, BETWEEN CERTAIN TERMINI, BY CONSTRUCTING STORM WATER SEWERS AND SANITARY SEWERS, TOGETHER WITH ALL NECESSARY APPURTENANCES THERETO, AND DECLARING AN EMERGENCY
Mr. Cumston noted that this came out of Finance with a 3-0 recommendation for approval; I move to suspend, Mr. Smith 2nd. Roll call: Ayes all, motion carried.
Mr. Cumston moved to adopt, Mr. Smith 2nd.
Auditor Carr read the Fiscal Officer’s Certificate.
Roll call for adoption: Ayes all, motion carried. ORDINANCE 2013-51 IS ADOPTED

ORDINANCE 2013-52:
AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF NOTES IN THE AGGREGATE PRINCIPAL AMOUNT OF $1,100,000, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO PAY COSTS OF IMPROVING BALLENTINE AVENUE AND GEORGE STREET, BETWEEN CERTAIN TERMINI, BY CONSTRUCTING STORM WATER SEWERS AND SANITARY SEWERS, TOGETHER WITH ALL NECESSARY APPURTENANCES THERETO, AND DECLARING AN EMERGENCY
Mr. Cumston noted that this came out of Finance with a 3-0 recommendation for approval; I move to suspend, Mr. Osborn 2nd. Roll call: Ayes all, motion carried.
Mr. Cumston moved to adopt, Mr. Thomas 2nd.
Auditor Carr read the Fiscal Officer’s Certificate.
Roll call for adoption: Ayes all, motion carried. ORDINANCE 2013-52 IS ADOPTED


ORDINANCE 2013-53:
AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF NOTES IN THE AGGREGATE PRINCIPAL AMOUNT OF $500,000, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO PAY COSTS OF IMPROVING BELMONT STREET, BETWEEN CERTAIN TERMINI, BY CONSTRUCTING STORM WATER SEWERS AND SANITARY SEWERS, TOGETHER WITH ALL NECESSARY APPURTENANCES THERETO, AND DECLARING AN EMERGENCY
Mr. Cumston noted that this came out of Finance with a 3-0 recommendation for approval; I move to suspend, Mr. Smith 2nd. Roll call: Ayes all, motion carried.
Mr. Cumston moved to adopt, Mr. Smith 2nd.
Auditor Carr read the Fiscal Officer’s Certificate.
Roll call for adoption: Ayes all, motion carried. ORDINANCE 2013-53 IS ADOPTED

ORDINANCE 2013-54:
AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF NOTES IN THE AGGREGATE PRINCIPAL AMOUNT OF $550,000, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO PAY COSTS OF IMPROVING S. GREENWOOD STREET, BETWEEN CERTAIN TERMINI, BY CONSTRUCTING STORM WATER SEWERS AND SANITARY SEWERS, TOGETHER WITH ALL NECESSARY APPURTENANCES THERETO, AND DECLARING AN EMERGENCY
Mr. Cumston noted that this came out of Finance with a 3-0 recommendation for approval; I move to suspend, Mr. Smith 2nd. Roll call: Ayes all, motion carried.
Mr. Cumston moved to adopt, Mr. Smith 2nd.
Auditor Carr read the Fiscal Officer’s Certificate.
Roll call for adoption: Ayes all, motion carried. ORDINANCE 2013-54 IS ADOPTED

ORDINANCE 2013-55:
AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF NOTES IN THE AGGREGATE PRINCIPAL AMOUNT OF $200,000, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO PAY COSTS OF IMPROVING GEORGE STREET, BETWEEN CERTAIN TERMINI, BY CONSTRUCTING SANITARY SEWERS, TOGETHER WITH ALL NECESSARY APPURTENANCES THERETO, AND DECLARING AN EMERGENCY
Mr. Cumston noted that this came out of Finance with a 3-0 recommendation for approval; I move to suspend, Mrs. Gustin 2nd. Roll call: Ayes all, motion carried.
Mr. Cumston moved to adopt, Mr. Osborn 2nd.
Auditor Carr read the Fiscal Officer’s Certificate.
Roll call for adoption: Ayes all, motion carried. ORDINANCE 2013-55 IS ADOPTED

ORDINANCE 2013-56:
AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF NOTES IN THE AGGREGATE PRINCIPAL AMOUNT OF $40,000, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO PAY COSTS OF THE ACQUISITION OF A RECYCLING TRUCK FOR USE BY THE CITY’S SANITATION DEPARTMENT, AND DECLARING AN EMERGENCY
Mr. Cumston noted that this came out of Finance with a 3-0 recommendation for approval; I move to suspend, Mrs. Gustin 2nd. Roll call: Ayes all, motion carried.
Mr. Cumston moved to adopt, Mrs. Gustin 2nd.
Auditor Carr read the Fiscal Officer’s Certificate.
Mrs. Gustin asked how old is the recycling truck. Mr. Shoup said it’s about 12 years old.
Roll call for adoption: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Blevins, Mr. Smith, Mr. Daniels, Mrs. Gustin; NAYS: Mr. Osborn. ORDINANCE 2013-56 IS ADOPTED

ORDINANCE 2013-57:
AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF NOTES IN THE AGGREGATE PRINCIPAL AMOUNT OF $200,000, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO PAY COSTS OF IMPROVING N. STATE STREET, CHURCH STREET, AND W. CENTER STREET, BY REPAIRING BASE AND SURFACES, TOGETHER WITH ALL NECESSARY APPURTENANCES THERETO, AND DECLARING AN EMERGENCY
Mr. Cumston noted that this came out of Finance with a 3-0 recommendation for approval; I move to suspend, Mrs. Gustin 2nd. Roll call: Ayes all, motion carried.
Mr. Cumston moved to adopt, Mrs. Gustin 2nd.
Auditor Carr read the Fiscal Officer’s Certificate.
Roll call for adoption: Ayes all, motion carried. ORDINANCE 2013-57 IS ADOPTED

Matters not on the Agenda:
Service Director Jay Shoup spoke: will be implementing an additional $1.00 on the Sanitation bill for the closed landfill monitoring fund. This will start with cycle 1 this week.
Mayor Schertzer reminded everyone about the public land auction consisting of 7 lots from the city’s land bank. City Hall lobby on August 20th @ 10:00 a.m. There are no liens, no structures, no trees and shrubs on these properties. We’ve torn down so far around 160 homes. The Law Director has the list of those properties.
Mr. Cumston mentioned about Saturday in the Park, August 24th.
Mr. Charlie Blevins spoke on the event @ Busby Park for the benefit of our veterans that happened 10 days ago. We appreciate the city, the police and fire dept and all the citizens of Marion that contributed to this event.
Mr. Sulu Kelley asked Mayor about the Popcorn Festival, are we keeping the cost down for the City. Mayor Schertzer said we have met with the board. We have continued to reduce stuff. 28,000-30,000 in the past. We are near 15,000.00 now. Fire dept has almost eliminated there overtime cost. It’s the cleanup crew after the festival. They have been using Goodwill workers to clean up.
Mr. Daniels asked about the downtown organization, giving them 12,000/year. This has been the 3rd year that I’ve heard that the Popcorn Festival has been put down. It creates a huge draw for the city. Its money well spent. Mr. Cumston said several years ago, there were polls done. These polls showed a positive attitude towards the festival. It’s been very well received. Mr. Ratliff said we are giving the same amount of service, and accomplishing the same thing, doing it a different way, and costing us less. Mayor Schertzer said it’s not like we never gave them a check, they are considered in-kind contributions. The City is a sponsor for the festival. The popcorn committee has been very good to work with.
Mr. Sulu Kelley said he is not truly against the festival; I don’t like the use of taxpayer money for any private use.
Mr. Dave Troutman, 1024 Bexley, asked about the dollar, where have the funds come from? Mr. Shoup said we used to use a % 14.3% to transfer from the sanitation fund to the landfill fund and the end of the year. The City Codified Ord. gives the Service Director to keep tabs on all the monies in the funds. We have reduced the cost in the landfill monitoring funds by consolidating of pump stations, reducing the consulting costs, and the enforcement of the sanitation funds, we are trying to lower the expenses and raise the revenues. Mr. Troutman feels that Council should have some say so on any increase to the public.
Mr. Osborn said you can’t charge anymore than the cost to provide the service. Know that this cost is coming and put it in the rate base. Just my opinion.
Mayor Schertzer said we are having the EPA coming to Council on August 20 to talk about the mandates that they are imposing.
Mr. Daniels asked Mr. Shoup about the $1.00 increase. Are you creating a new line item or inputting in the sanitation side. Mr. Shoup said it will be a new line item for landfill monitoring. Mr. Daniels said it’s just one more line that will enrage people. Combine it on the sanitation bill for the expenses. Are commercial accounts going to pay this too? Mr. Shoup said we are trying to recover the cost of landfill closure, from 17 years ago. Commercial accounts would not be subject to the $1.00.
Mr. Ratliff said it doesn’t make a sense to me to go from bi-monthly to monthly bill and increase it by the $1.00. Mr. Shoup said the switch from bi-monthly to monthly is driven by a better management that I think we can have. We would add 2 cycles together to make 1. Landfill monitoring side is a separate function that the service director has to work with. The utility bill covers storm water, and sanitation, and sanitary waste, and now we are placing an additional line item on it for landfill closure. That fund ended up in the red last year. We have completely erased that now, by tighter billing, we are all in the black. Mr. Ratliff said in my opinion it sounds like we are accomplishing the same thing at an increased cost. Mr. Daniels said he agrees with Mr. Ratliff. Monthly billing for water is an advantage. The postage that the City has to put out is more. If it was up to me, it would be bi-monthly and go back to a postcard. That’s what I would do.
Mrs. Gustin asked about the EPA requests, will there be any more. Mr. Shoup said at the landfill, you’ll see about 100 pipes sticking out of the ground, around those pipes are concrete collars. Those collars are becoming cracked; they are asking us to replace them. That is the kind of scrutiny that we are in with the EPA. You are going to hear about some waste water issues that will be big money; it’s not just the City of Marion, it’s everyone. Mr. Ratliff asked how long with the landfill. Mr. Shoup said it’s supposed to be 30 years; we are not in year 17. We are not allowed to put sludge on it; we have to mow it only. I get a letter that says do this and do that, it’s getting more frequent. Mayor Schertzer said to mitigate some of the costs out there, we have asked the EPA to raise crops out there, they said no. Livestock – they said no. No room for wiggle. I’m not sure of what else to do. I’ve spoken to our Rep and Senator on this. Right now, we want to mitigate further the cost of the landfill. Everyone in the City is paying for the landfill costs. Not the County, just the City, even though everyone had used it.
Mr. Osborn said some of the good things; it closed, refinancing that debt with OWDA. Put in Sanitary Sewer. Debt to retire in maybe 6 years. I really want us to start to look ahead and put everything in our rate base, including garbage trucks and recycling trucks. Not to borrow money when we need a truck.
Dave Osum 846 N. Main St. said EPA would do whatever they want; I so wish to do something to appease them and help benefit ourselves with the land. Industry contributed largely in that Landfill, and not to have a part in the extended cost, they should be included in that. Also another line item is going to cause a lot of disruption with a lot of people, do not put another line item on it. They expect the price increases. I would stay with bi-monthly billing as well.
Mr. Cumston said we should have a look at Mr. Osborn’s comments, it makes a lot of sense, capital improvement fund; maybe get it in committee later on. It d doesn’t sound bad. Tonight has been a night of increases. It’s going to have a negative effect.
Mayor Schertzer said we’d be happy to discuss this in committee further. We can put ##’s together for capital improvements for landfill costs, and discuss that in an appropriate committee if that is the wishes of Council.
Sulu Kelley, 200 Barnhart asked about the 2012 Audit – from 2009 through 2011 there have been problems with that. Mrs. Carr said they are rapping it up as we speak. Mr. Kelley mentioned about the Law Enforcement Trust Fund, an annual report should go to City Council. I urge you to look at these reports, so as Council can make better decisions.

COMMITTEES

Finance 8/20 @ 6:30
Jobs & Economic Development 8/26 @ 6:30 (Before Council)
Streets & Sewers 8/20 @ 6:45
Zoning & Annexation 8/20 @ 7:00


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


____________________________ Dave Edwards President of Council
_________________________
Clerk of Council