September 23, 2013 Summary

MARION CITY COUNCIL MEETING


City Hall – Council Chambers on September 23, 2013, 7:30 PM

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

THE PRAYER LED BY PASTOR TOM TONEY OF FAMILY LIFE CHURCH

PLEDGE OF ALLEGIANCE

7:34 pm OPEN PUBLIC MEETING: Service Director Jay Shoup stated that he would like to have a public meeting on the CORF Grant for the Former Fairfield Engineering property located at 324 Barnhart Street. This was done for the CLARKSCO. @ zero cost to the City of Marion. We’ve had on site borings and investigations, coming up with no problems incurred. The company that will be taking over the site will be American Wire Technology. Who is here tonight if there are any questions is Doug Weller, the representative from CLARKSCO.
This Public Meeting concludes our legal requirement for the CORF Grant.
7:39 CLOSE PUBLIC MEETING

Service Director Jay Shoup spoke on behalf of Ms. Heidi Jones regarding Marion Matters and the City of Marion Transit System. Working with Marion Matters will be vital to the transit system in the City. We are looking to expand our services to evenings. This move will help the people that come out of Marion Matters more efficiently. Their clientele needs transportation after 5 PM. This can be funded by outside sources, through Marion Matters. We might be looking at other companies and persons as well to expand the transit system.

Summary of Proceedings for September 9, 2013, Mr. Cumston moved, Mr. Ratliff 2nd. Roll call: Ayes all, motion carried. Summary is approved.

OLD BUSINESS:

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, as amended
Mr. Daniels stated that this came out of Legislation Codes with a 3-0 recommendation for approval; this will be the 3rd reading tonight.
Mr. Daniel Riley, 480 N. Prospect St. asked if there are currently any of these peoples that live in these areas. Mr. Daniels said it doesn’t go back in history. Those that change their address, they would have to move. They stay where they are at regardless of the law.
Mr. Daniels moved to adpote, Mr. Smith 2nd. Roll Call: Ayes all, motion carried. ORDINANCE 2013-48 IS ADOPTED, as amended

ORDINANCE 2013-60:
ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF MARION, BY REZONING 583 WEST FAIRGROUND STREET FROM AN R-2 GENERAL DWELLING DISTRICT TO AN C-5 GENERAL BUSINESS DISTRICT (Applicant, Josh Daniels)
Mr. Smith stated that this came out of Committee with a 2-0 recommendation; we are going to ask for a public hearing tonight.

7:44 PM – PUBLIC HEARING OPENED
Mr. Smith stated that Mr. Daniels is the applicant on this, if there be any questions, I’m sure he would answer. Mr. Ratliff said that Mr. Daniels is not allowed to vote on this, I think he is a responsible local developer and contractor. I think that some of our depleted ends of town are better today with improvements made by him. I wanted to address this. I supported everyone of these prior to Mr. Daniels sitting on City Council. Mr. Smith noted that he did not sit in on any committee meetings as well. Mr. Daniels said I would be happy to answer any questions, I have not gone to any of the council members to ask them to pass this, and I have been quite this whole time.
Mr. Smith moved to adopt, Mr. Osborn 2nd. Roll Call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mr. Smith, Mr. Osborn, Mrs. Gustin, Mr. Schaber; Abstain: Mr. Daniels. ORDINANCE 2013-60 IS ADOPTED

NEW BUSINESS:

RESOLUTION 2013-17:
RESOLUTION ACCEPTING THE AMOUNTS AND RATES AS DETERMINED BY THE BUDGET COMMISSION AND AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING THEM TO THE COUNTY AUDITOR
Mr. Cumston stated this came out of Finance with a 2-0 recommendation for approval, I move to suspend, Mr. Thomas 2nd. Roll call: Ayes all, motion carried.
Mr. Cumston moved to adopt, Mr. Smith 2nd. Roll call: Ayes all, motion carried. RESOLUTION 2013-17 IS ADOPTED

ORDINANCE 2013-64:
ORDINANCE MAKING ADDITIONAL APPROPRIATIONS IN THE GENERAL FUND FOR INDIGENT BURIALS FOR THE YEAR ENDING DECEMBER 31, 2013
Mr. Cumston stated this came out of Finance with a 2-0 recommendation for approval, this is to appropriate 1000.00 in the indigent burials, I move 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 2013-64 IS ADOPTED

ORDINANCE 2013-65:
ORDINANCE MAKING AN ADDITIONAL APPROPRIATION IN THE FIRE DEPARTMENT FOR THE YEAR ENDING DECEMBER 31, 2013
Mr. Cumston stated this came out of Finance with a 2-0 recommendation for approval, this came out of the new income tax revenue, it’s being dedicated to the Fire Department, I move to suspend, Mr. Osborn 2nd.
Mr. Ratliff asked about the 97,000.00 and the total of 117,000.00. Clerk said Central Garage was added later on adding the 20,000.00. Mr. Cumston said we just need to change Section 1 stating the 117,000.00.
Mr. Cumston moved to amend Section 1 to read it as 117,000.00, Mr. Thomas 2nd. Mr. Ratliff asked what is being done at the garage for the Fire Dept. Chief Zwolle said it’s a cost to keep up the fleet up and running. 60,000 was the beginning of the year. Mr. Ratliff asked if these are anticipated to last the year. Chief said yes. Mr. Ratliff said 80,000 sounds like a lot of money. Chief said its average; it’s like that every year. Mr. Osborn said this still comes out of the .25% income tax that is collected.
Roll call for amended. Ayes all, motion carried. ORDINANCE 2013-65 IS AMENDED
Roll call for suspension: YEAS: Mr. Cumston, Mr. Thomas, Mr. Smith, Mr. Osborn, Mrs. Gustin, Mr. Schaber.
Mr. Cumston asked about the funding – is this an issue, if we delay this. Chief said Donny down at the garage would not get paid. Mr. Daniels said it appeared to me that the .25% passed had terms on it. I’m having a hard time digesting 80,000 to the garage. Chief said our budget this year was the same as the past 2 years. It has been about the same. Mr. Daniels asked if we have always done it that way. Mr. Shoup said about 5 years ago the central garage was in the red. The central garage has to support the debt service, mechanics, time and labor, rolling stock, odds and ends that we service, we did an analysis how much money we needed to support the central garage, and we established billing rates for repairs and basic charges for man hours. That’s been in place for the past five years. Central garage has been in the black since. We service ourselves, Marion Township and county sanitary persons. I think it’s been a fair way to do it. We have to look at the debt service; we have to pay for it.
Mr. Daniels said this is getting to feel like a way of funding something and it wasn’t put before the voters for the ¼% income tax. It’s like the police dept. with the payouts being paid off. Chief Zwolle said if the central garage is holding this up, I can forgo this. If I hire guys, I won’t have trucks to put them in. Mr. Osborn said the money for the ¼ % is going to hire new firefighters, are we on schedule? Chief said this is going to get us to 52. We need the tools, trucks; it all goes hand in hand. I pretty happy with the progress being made. As far as I’m concerned we are on schedule with the hiring.
Mr. Russell said it would be appropriate to have the persons that voted no to suspend, to vote for reconsider.
Mr. Daniels said with a better explanation, you wouldn’t have gotten a NO vote from me. I just wanted to give any nay sayers to never say to vote for an increase again. I just wanted to be open and honest. Chief Zwolle said it’s a package deal; I can’t bring new people on if I don’t have the equipment. Mr. Ratliff said I don’t know if we would have had positive votes as what we had, I agree with Mr. Daniels on this. Mr. Thomas said if we don’t have trucks, fuel, and maintenance, what makes the difference, it’s all the same. Mr. Cumston said this conversation is good. It’s just more than the manpower; it’s the maintenance on the trucks, the brakes, oil, and so on. We did a lot of things at the garage to make it more efficient. You have to see the associated cost that comes along with the positions in the fire and police. Mr. Ratliff said we were going to maintain the trucks anyway before the ¼%. Mr. Thomas said it would be great if we bought a truck and only put fuel in it. We haven’t had station 2 open. We have a truck over there at the garage waiting to be worked on. If we get it out we may get some money out of there from insurance. It’s to maintain the vehicles as well as the salaries. Mr. Osborn said he concurs with Councilmen Thomas.
Mr. Sulu Kelley said he asked Chief Bell and Zwolle way back before the ¼% came before the voters - how much to put the people back on the street – everything, salaries, overtime, uniforms, vehicles, all of the overhead, everything in the package to put the man on the street. It’s part of the whole deal.
Mr. Ratliff moved to reconsider, Mr. Thomas 2nd. Roll Call: Ayes all, motion carried. Mr. Russell said we have to have a vote first for suspension of rules.
Mr. Cumston moved to suspend, Mr. Osborn 2nd, Roll call for suspension of rules: Ayes all motion carried.
Mr. Ratliff moved to amend by taking out Land and Building Maintenance and Central Garage. There was no second for the amendment.
Mr. Cumston moved to adopt, Mr. Osborn 2nd. I wished that some advice be given on the motion to reconsider. Mr. Russell said it had no real effect. Mr. Daniels said that most of these line items were carried before the ¼% income that was passed. It is just now being paid for by the ¼%. Mr. Schaber said that 20,000.00 was that from the general fund budget. Chief Zwolle said we start off every year with a budget for the garage. At this time, we are looking at monies till the end of the year. The maintenance is just a shot in the dark. Mr. Schaber said you had the same amount of money in the past years. Chief said yes. Auditor Carr mentioned that we in the future will be setting these funds in separate areas. Revenues vs. expenditures, there is a balance of unused money, about 120,000.00. I will not charge 20,000 to that line item. It’s just going to reduce the carryover. It’s not an issue. Mr. Cumston said we had a cash flow 4-5 years ago to carry the central garage, now we don’t. The people are budgeting for what they need. If there is a squad that needs a new engine, they can’t wait till the end of the year to ask for more money. You have to cut money somewhere. You would supplement that money in the reserves. Now we don’t have that extra cash.
Auditor Carr said EMS truck out there, 2 of them on the road now, if one of those vehicles go down, that’s 450,000.00 for one squad to go down. That’s 450,000.00 of our general fund money that’s gone. It’s important that we maintain those vehicles.
Daniel Riley said 20,000 to the central garage, if we don’t use it for the fire dept, does it recycle back to the general fund. Auditor Carr said we talked in the tax budget, Police, Fire and Dispatch will be set up as special funds. Revenue and expenses make a transfer out of general fund, and any money left in a special fund, will be carried over in that fund.
Roll call for adoption: YEAS: Mr. Cumston, Mr. Thomas, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin; NAYS: Mr. Ratliff, Mr. Schaber.
ORDINANCE 2013-65 IS ADOPTED

ORDINANCE 2013-66:
ORDINANCE AUTHORIZING THE SERVICE DIRECTOR TO ACCEPT FAA 2013 GRANT AGREEMENT, PROJECT 21 AND ENTER INTO CONTRACT FOR IMPROVEMENTS , GRANT ADMINISTRATION FEES AND APPROPRIATE NECESSARY FUNDS FOR THE MARION MUNICIPAL AIRPORT AND DECLARING AN EMERGENCY
Mr. Cumston stated this came out of Finance with a 2-0 recommendation for approval, this is part of Project 21 and Audrey is here if anyone has questions, I move to suspend, Mr. Osborn 2nd. Roll call: Ayes all, motion carried.
Mr. Cumston moved to adopt, Mr. Osborn 2nd. Roll call: Ayes all, motion carried. ORDINANCE 2013-66 IS ADOPTED

ORDINANCE 2013-67:
ORDINANCE AUTHORIZING THE CITY AUDITOR TO PAY BILLS FROM VARIOUS CITY DEPARTMENTS PURSUANT TO SECTION 5705.41 (D) (1) OF THE OHIO REVISED CODE, AND DECLARING AN EMERGENCY
Mr. Cumston stated this came out of Finance with a 2-0 recommendation for approval; this is part a PO for the Aquatic Center to pay off Ohio Edison, motion to suspend, Mr. Smith 2nd. Roll call: Ayes all, motion carried.
Mr. Cumston moved to adopt, Mr. Smith 2nd. Mrs. Gustin asked Auditor Carr if there was a PO in place. Mrs. Brewer said she made the mistake to transfer the money into that fund. I received the bill prior to making the PO in place. The money is there. Roll call for adoption: Ayes all, motion carried. ORDINANCE 2013-67 IS ADOPTED

ORDINANCE 2013-68:
ORDINANCE ADDING SECTION 1145.013 (I-3 MINERAL EXTRACTION) OF THE PLANNING AND ZONING CODE AS CONTAINED WITHIN THE MARION CITY CODE
Mr. Smith stated that this came out of Zoning and Annexation Committee meeting with a 2-0 recommendation for approval, I’m asking for a 1st reading tonight. ORDINANCE 2013-68 HAS HAD ITS FIRST READING

Mr. Ratliff moved to add Ordinances 2013-71 and 2013-72, Mr. Thomas 2nd, Mr. Smith 3rd. ORDINANCES 2013-71 AND 2013-72 IS ADDED TO TONIGHT’S AGENDA

ORDINANCE 2013-71:
ORDINANCE TO ESTABLISH AN ENERGY SPECIAL IMPROVEMENT DISTRICT (ESID) UNDER CHAPTER 1710 OHIO REVISED CODE, SETTING THE MEMBERSHIP POSITIONS OF THE BOARD OF DIRECTORS OF THE NON PROFIT BOARD THAT WILL GOVERN THE DISTRICT, AUTHORIZING THESE MEMBERS TO INCORPORATE AND SET THE RULES OF THE DISTRICT IN CONFORMANCE WITH SECTION 1710
Mr. Ratliff said that this came out of committee with a 3-0 recommendation after discussion and portions being removed from the Ordinance. I would like the Law Director to research the original section, we may need to add that back in or just leave it as it is.
ORDINANCE 2013-71 HAS HAD ITS FIRST READING

ORDINANCE 2013-72:
ORDINANCE AUTHORIZING AND DIRECTING THE ADMINISTRATION TO EXECUTE ALL DOCUMENTS NECESSARY TO PROVIDE FOR THE SALE OF APPROXIMATELY 82.56 ACRES, HAVING DETERMINED SAID LAND IS NO LONGER NECESSARY, UPON THE TERMS AND CONDITIONS SET FORTH HEREIN AND DECLARING AN EMERGENCY
This is to transfer land that we don’t utilize any longer to the County Parks, they have a deadline of October 1, 2013, I move to suspend, Mr. Thomas 2nd.
Mr. Osborn said that some blanks need to be filled in with 40,000.00. The original Ordinance already has the correction made. Roll call for suspension: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin; NAYS: Mr. Schaber.
Mr. Ratliff moved to adopt, Mr. Thomas 2nd. Mr. Thomas said you’ll notice barriers by the pond. Back in that area, you can see where there is indication of beavers out there. There also a bunch of trees out there where beavers have felled. It’s a great place to go by. I really feel we need to get this over to the County Park District. There have been eagles out there, all kinds of wildlife. This is something to enhance the Tallgrass area; I strongly agree to pass this tonight. Mrs. Gustin asked Mr. Sheridan to maintain the area. Mr. Sheridan said we have no employees, operating budget of 5,000/year. We have wonderful volunteers. ½ the audience raised their hands of volunteers. We have a small tractor we use now; we also spray to keep the vegetation back. We keep getting things done, via volunteer work. Mr. Cumston said this is really important for our future, nature walks, setting this land aside. Some things we are putting back to nature. The money we are putting back to our parks over the years, there has been amazing progress in the last decade, despite the economy. Thank you from us. Mr. Thomas said we purchased this land for a landfill. The EPA said we couldn’t use it because it was in the flood zone. We used that land to cap off our Landfill. If we didn’t have that land, it would of cost the city quite a lot of money to buy dirt. Mr. Sheridan said it will be an 80,000 project.
Mr. Sulu Kelley asked about a provision in the sale, would the city annex this in if it gets bumped into the city. Mayor Schertzer said it will be at the appropriate time as this moves forward. Pastor Tom Toney spoke: we raided almost 17,000 for that trail with a 5K run. People of Marion love that area. There is a buzz going around talking about our Tallgrass Trails. We are better known in Marion County because of the trails.
Roll call for adoption: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin; NAYS: Mr. Schaber.

MATTERS NOT ON THE AGENDA:
Mr. Daniels asked to call Executive Session, Mr. Thomas 2nd. Speak with the Law Director about some pending litigation. Mayor Schertzer asked to go to matters not on the agenda and committees. Mr. Daniels said he’d like to move it after committee dates.
Mayor Schertzer said he attended the Ramtec ribbon cutting @ Tri-Rivers. One of a kind opportunity for the hard work they have done to partnership with Fanic. It was an incredible presentation. Also the anti-drug March on Sunday. I want to publicly thank you to all of you. There will be another March in the spring.
Mr. Daniel Riley spoke again about the negatives in Marion, the two robberies this past weekend. People are calling in and nothing is happening. Is there something more we can be doing to protect ourselves? Maybe a civilian protection. This can all be prevented if there are more feet on the ground, if not with the Police force, maybe the civilians.

COMMITTEES

Finance 10/7 @ 6:30
Regional Planning 9/25 @ 7:00 County Bldg.

Mr. Daniels called for Executive Session, Mr. Thomas 2nd. Roll call: Ayes all, motion carried.

Council went into Executive Session.

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


____________________________ Dave Edwards President of Council
_________________________
Clerk of Council