October 28, 2013 Summary

MARION CITY COUNCIL MEETING

 

 

City Hall – Council Chambers on October 28, 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 Mrs. Schaber.

 

THE PRAYER LED BY PASTOR JASON QUAST OF FAMILY LIFE CHURCH

 

PLEDGE OF ALLEGIANCE

 

Summary of Proceedings for September 23, 2013, Mr. Cumston moved, Mr. Ratliff 2nd. Roll call: Ayes all, motion carried. Summary is approved.

 

OLD BUSINESS:

 

RESOLUTION 2013-18:

RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY OF MARION, OHIO TO PREPARE AND SUBMIT AN APPLICATION TO PARTICIPATE IN THE OHIO PUBLIC WORKS COMMISSION STATE CAPITAL IMPROVEMENT AND/OR LOCAL TRANSPORTATION IMPROVEMENT PROGRAMS AND TO EXECUTE CONTRACTS AS REQUIRED, AND DECLARING AN EMERGENCY

            Mr. Thomas noted that this was in Streets & Sewers with a 2-0 recommendation for approval; I make the motion to suspend, Mr. Cumston 2nd. Roll Call: Ayes all, motion carried.

Mr. Thomas moved to adopt, Mrs. Blevins 2nd. Roll call: Ayes all, motion carried. RESOLUTION 2013-18 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 moved to postpone to a date certain – December 9, 2013, Mr. Thomas 2nd. Mr. Ratliff asked why. Mr. Russell said we need to publicize and have a public hearing on the 9th, which would be the 3rd reading.

Roll call for postponement: Ayes all, motion carried. ORDINANCE 2013-68 IS POSTPONED UNTIL DECEMBER 9, 2013

 

ORDINANCE 2013-69:

ORDINANCE AUTHORIZING THE SAFETY DIRECTOR TO DISPOSE OF 2 VEHICLES PREVIOUSLY UTILIZED BY THE POLICE DEPARTMENT, AND DECLARING THEY ARE NO LONGER NECESSARY FOR ANY PUBLIC PURPOSE AND DECLARING AN EMERGENCY   

            Mr. Cumston noted that 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. Mr. Ratliff asked when will the Auction be. Mr. Russell said the Auction took place along with the firearm auction. They are aware that nothing will be transferred until the Ordinance is adopted.

 Roll call for adoption, YEAS: Mr. Cumston, Mr. Thomas, Mrs. Blevins, Mrs. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin; NAYS: Mr. Ratliff. ORDINANCE 2013-69 IS ADOPTED

 

ORDINANCE 2013-77:

ORDINANCE AUTHORIZING AND DIRECTING THE SERVICE DIRECTOR TO ENTER INTO CONTRACT WITH PARK ENTERPRISES, INC. FOR THE CONSTRUCTION OF A WALKING/BIKE TRAIL AT AND LEADING TO SAWYER LUDWIG PARK, AND DECLARING AN EMERGENCY   

            Mr. Cumston noted this came out of Finance with a 2-0 approval, I move 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. ORDINANCE 2013-77 IS ADOPTED

 

ORDINANCE 2013-78:

ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A LICENSE AGREEMENT WITH OHIO EDISON COMPANY TO ALLOW FOR THE CONSTRUCTION OF A WALKING/BIKE TRAIL LEADING TO SAWYER LUDWIG PARK, AND DECLARING AN EMERGENCY

            Mr. Cumston noted this came out of Finance with a 2-0 approval, I move 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 2013-78 IS ADOPTED

 

NEW BUSINESS:

 

RESOLUTION 2013-19:

RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE OHIO DEPARTMENT OF TRANSPORTATION FOR FY 2014 GRANTS, THROUGH THE US DOT FEDERAL TRANSIT ADMINISTRATION, AS AUTHORIZED UNDER FEDERAL TRANSIT LAWS, AS CODIFIED, 49 USC SECTION 5311, FINANCIAL ASSISTANCE FOR OTHER THAN URBANIZED AREAS AND FUNDS AVAILABLE FROM THE OHIO PUBLIC TRANSPORTATION GRANT PROGRAM AND OHIO ELDERLY AND DISABLED TRANSIT FARE ASSISTANCE PROGRAM AND EXECUTING A CONTRACT WITH THE OHIO DEPARTMENT OF TRANSPORTATION UPON GRANT APPLICATION APPROVAL, AND DECLARING AN EMERGENCY

            Mr. Cumston noted this came out of Finance with a 2-0 approval, I move 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. RESOLUTION 2013-19 IS ADOPTED

 

ORDINANCE 2013-70:

ORDINANCE AUTHORIZING AND DIRECTING THE SERVICE DIRECTOR TO ENTER INTO CONTRACT WITH JOHNSON PROPERTY SERVICES AND CUMMINS AIRFIELD SERVICES, FOR SNOW REMOVAL AT MARION MUNICIPAL AIRPORT   

            Mr. Cumston stated that this came out of Finance with a 3-0 recommendation for approval, Mr. Smith 2nd. Roll call: YEAS: Mr. Cumston, Mr. Thomas, Mrs. Blevins, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin, NAYS: Mr. Ratliff.

            Mr. Cumston moved to adopt, Mr. Osborn 2nd.

            Mr. Sulu Kelley asked about the ER clause, do you need that? Mayor Schertzer said it would be 30 days after my signature. Mrs. Wagner said the contract expired in September. This year is kind of iffy. Mr. Daniels moved to include the ER clause. Mr. Cumston moved to remove the motion to adopt, Mr. Osborn moved to withdraw. Mr. Cumston moved to add the ER clause, Mr. Daniels 2nd. Roll call: YEAS: Mr. Cumston Mr. Thomas, Mrs. Blevins, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin, NAYS: Mr. Ratliff.

            Mr. Ratliff said if you have contracts that are expired, we should not be sitting here putting the ER clause on there.

            Mr. Cumston moved to suspend, Mr. Osborn 2nd.  YEAS: Mr. Cumston Mr. Thomas, Mrs. Blevins, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin, NAYS: Mr. Ratliff.

            Mr. Cumston moved to adopt as amended, Mr. Osborn 2nd.  Mr. Osborn said he believes this was brought to Finance August 12. Due to this Council at times, not having the members, those were the delays in Council. Mrs. Wagner said yes.

            Roll call for adoption: YEAS: Mr. Cumston Mr. Thomas, Mrs. Blevins, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin, NAYS: Mr. Ratliff. ORDINANCE 2013-70 IS ADOPTED

 

ORDINANCE 2013-73:

ORDINANCE RATIFYING, AUTHORIZING AND APPROVING THE ONE YEAR EXTENSION OF THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF MARION AND FOP GOLD UNIT  

            Mr. Cumston noted this came out of Finance with a 3-0 approval, I move to suspend, Mr. Smith 2nd. Roll Call: Ayes all, motion carried.

            Mr. Cumston moved to adopt, Mr. Smith 2nd. Roll Call: Ayes all, motion carried. ORDINANCE 2013-73 IS ADOPTED

 

ORDINANCE 2013-74:

ORDINANCE RATIFYING, AUTHORIZING AND APPROVING THE ONE YEAR EXTENSION OF THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF MARION AND FOP BLUE UNIT  

            Mr. Cumston noted this came out of Finance with a 3-0 approval, 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 2013-74 IS ADOPTED

 

ORDINANCE 2013-75:

ORDINANCE MAKING APPROPRIATION ADJUSTMENTS IN VARIOUS FUNDS FOR MARION MUNICIPAL COURT FOR THE YEAR ENDING DECEMBER 31, 2013  

            Mr. Cumston noted this came out of Finance with a 3-0 approval, I move to suspend, Mr. Osborn 2nd. Roll Call: YEAS: Mr. Cumston Mr. Thomas, Mrs. Blevins, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin, NAYS: Mr. Ratliff.

            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, NAYS: Mr. Ratliff. ORDINANCE 2013-75 IS ADOPTED

 

ORDINANCE 2013-76:

ORDINANCE AMENDING ORDINANCE 1969-29, COMMONLY KNOWN AS THE YARGER REPORT BY CREATING A POSITION WITHIN THE MARION CITY POLICE DEPARTMENT, SPECIFICALLY A PROPERTY MANAGER POSITION, ESTABLISHING SALARY AND BENEFITS FOR SAID POSITION AND DECLARING AN EMERGENCY

            Mr. Cumston noted that this was out of Municipal Services with a 2-1 recommendation for approval, this will free up an officer, by doing this they will actually save money. I move to suspend, Mr. Osborn 2nd. Mr. Ratliff asked if you are going from ground zero, a new position. Chief said yes, Mrs. Gustin asked if this is a civilian, Chief said yes. Mr. Daniels asked for the duties. Chief said he didn’t have the list with him, but it takes care of fleet management, takes care of laptops in the cruises, all administrative duties. This will also allow us to put an officer back on the street. Mr. Daniels asked if they will have benefits. Chief said no it’s only a 20 hour position, no benefits. Mr. Ratliff asked how you think the City is saving. Chief says what the LT makes now put a patrolman in his place and then give this person 20 hours, 32 hours is a minimum. There is a big difference.

            Roll call for suspension: Ayes all, motion carried.

            Mr. Cumston moved to adopt, Mr. Smith 2nd. Roll Call: Ayes all, motion carried. ORDINANCE 2013-76 IS ADOPTED

 

ORDINANCE 2013-79:

ORDINANCE MAKING APPROPRIATION ADJUSTMENTS IN VARIOUS FUNDS FOR THE YEAR ENDING DECEMBER 31, 2013  

Mr. Cumston noted that this was in Finance with a 3-0 recommendation for approval; I make the 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 2013-79 IS ADOPTED

 

ORDINANCE 2013-80:

ORDINANCE MAKING APPROPRIATION ADJUSTMENTS IN TRANSIT FUND FOR THE YEAR ENDING DECEMBER 31, 2013  

Mr. Cumston noted that this was in Finance with a 3-0 recommendation for approval; I make the motion to suspend, Mr. Osborn 2nd. Roll Call: Ayes all, motion carried.

Mrs. Chaffin said these are budgetary adjustments. The only reason why they are segregated is because ODOT requested that. Mr. Cumston noted that is also a 501 account, not GF.

Mr. Cumston moved to adopt, Mr. Smith 2nd. Roll call: Ayes all, motion carried. ORDINANCE 2013-80 IS ADOPTED

 

ORDINANCE 2013-81:

ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF MARION, BY REZONING WESTERN PORTION OF LOT 678, ALSO KNOWN AS 1041 BELLEFONTAINE AVE. FROM AN R-1C (SINGLE FAMILY DISTRICT, HIGH DENSITY) TO A C-2 (COMMUNITY SHOPPING DISTRICT) (Applicant, Dan Jenks) 

Mr. Smith stated that this came out of Zoning & Annexation with no recommendation; we ask for a first reading this evening; there will be a) Public Hearing November 25, 2013.

            Sara Berry 1166 Heritage Lane said she is against this; it’s too close to a school area. The property values will go down. Don’t put it in a residential area.

            Nancy Aurey on Blain Ave – the school area, Elgin School bus picking up kids. I have a concern with this.

            Connie Cornwell 906 Henry St – too close to the school.

            Liz McDaniel, lot 22, needs more businesses on the West side.

            Dan Jenks, owner, This Park could have been bull-dozed. We have cleaned up the property a lot. Mr. Schultz is buying 1 acre. We saw an opportunity to finish this park. Do fencing along the park area as well as the Dollar General. We would do landscaping, fence, to bring it to the standards that Marion deserves. I’m not asking to bring more trailers in. This property was an eyesore. We got rid of the wrong tenants, we got rid of cars on blocks, and I want to improve the neighborhood. I will not raise the rent. Their stores are clean and well stocked. I think it would be a good asset to the community. Mr. Schultz and I agreed to earmark part of the property taxes to help the cost of the light. We are here to improve our investment and hopefully the life of the people around us. Mrs. Gustin said the rent you collect from you tenants now would help you beef up the area. Mr. Jenks said on a very slow process. I’m within my right to bring in 21 homes, but I think this is a far better solution. Mr. Thomas said he went to Garfield and spoke with the principal today and spoke with him about the light and the students. If we can come up with a deal, the kids getting off and on the buses, crossing the street, come up with a solution. The people over on the West end are always saying to me “More Retail” on the West end.

            Mr. Jenks said I more than happy to speak to our neighbors. Planning asked us to address Edison Ave., and that is what we did. We’ve been working on this for over 4 months. ORDINANCE 2013-81 HAS HAD ITS FIRST READING

           

ORDINANCE 2013-82:

ORDINANCE AUTHORIZING AND DIRECTING THE SERVICE DIRECTOR TO PREPARE AND ADVERTIZE A REQUEST FOR QUALIFICATIONS FOR NPDES PERMIT COMPLIANCE SERVICES AND ENTER INTO CONTRACT WITH THE MOST QUALIFIED INDIVIDUAL OR FIRM FOR THEIR PROFESSIONAL SERVICES, AND DECLARING AN EMERGENCY

            Mr. Thomas noted that this came out of Streets & Sewers with a 3-0 recommendation for approval, I ask for a suspension of rules, Mr. Smith 2nd. Roll call: ayes all, motion carried.

            Mr. Thomas move to adopt, Mr. Smith 2nd.

            Mr. Sulu Kelley asked about the service director to allow him to go into contract before going back to Council. Mr. Thomas said this is for an Engineering Study. We do not spec and bid an engineering study. Mr. Kelley said do you put a cap on what he spends. What is the oversight on how much he spends? Mr. Cumston said he will have to go to Finance for the appropriation for the contract. Mayor Schertzer said we are asking for engineering firms for the qualifications and picking one of the firms to do the study. Mr. Ratliff asked should we strike out the part that says “enter into contract”. Mr. Russell said in regards to the issuance of the permit, there is a requirement that we engage in firms. There is no reason why Council could not strike out the words you are referring to and have the Service Dir. to come back and show the firms that are most qualified. If you want to do that or not. Mr. Ratliff said if we have to get the price and back to Council, we are giving him permission to go into contract, but logically can’t. Mr. Russell said if the money has not been appropriated, it would be illogical.  Council at any time can stop the presses. If the Council is of the opinion to authorize the RFP without the permission to go into contract, strike those words.

            Mr. Ratliff moved to strike those words, Mr. Daniels seconded. Mr. Thomas and Mr. Smith moved to rescind their motion to adopt. Mr. Thomas and Mr. Smith moved to rescind their motion to suspend.

            Mr. Ratliff moved to amend the ordinance to delete the words “enter into contract”, Mr. Daniels 2nd. Roll Call: Yeas: Mr. Ratliff, Mr. Thomas, Mr. Thomas, Mrs. Blevins, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin; NAYS: Mr. Cumston.

            Mr. Thomas moved to suspend as amended, Mr. Smith 2nd. Roll Call: ayes all, motion carried.

            Mr. Thomas moved to adopted as amended, Mr. Osborn 2nd. Roll call: ayes all, motion carried. ORDINANCE 2013-82 IS ADOPTED AS AMENDED

           

MATTERS NOT ON THE AGENDA:

Mr. Ratliff wanted to give an update on the old Drypers property. The AG has picked up the file, met with the AG last week and testifying with them on November 1. Hopefully will get that cleaned up. Also there is a new grocery store on Klerx. We have given 30-40,000 to the Boys & Girls Club for the old school property to get the playground paved. With the conversation, it was my understanding that was going to left open to the community and use the old Oak St. school property. They closed off the property and said that it is a liability as far as their insurance goes for people playing on that playground. It’s not too late to pull that CDBG money off the table. They applied for tax payers dollars to upgrade the facility; I think we should ask them to keep it opened for the community. If they are not able to do that, find a different property to utilize to give back to the community. Mrs. Gustin said we need to have the LD check that out and see if it’s true. Mr. Osborn said they do have a liability issue for allowing that on their property. Mr. Russell said we will look into it; they have worked with us in the past to see if they will keep that opened.

Mr. Jay Shoup said there will be a meeting for the safe routes for school program at the Taft School in Fairpark. The project will involve a pedestrian bridge, NE of the School about 8’ wide in the middle of the right-of-way. This will also involve some sidewalks in the area. December 12 is the meeting. 5:00 – 7:00 p.m. ODOT Folks and our consultant, and the school event starts at 6:00 p.m. This will be a great opportunity for exposure for the project. December 12th @ 5:00 p.m. Mr. Edwards asked about the bridge, end of Richmond Ave, limit car traffic? Mr. Shoup said there will be bollards installed at each end.

Roger Baldinger, WPC – I did go to the Scioto meeting this evening, next week they are moving in to clear all the log jams down towards 203.  

Charlie Blevins, 220 Blain Ave. spoke about the Ordinances with an ER Clause, need to plan ahead of time. We can’t continue to grow the city and not expand on our water, sewers, without making improvements to them. Be more diligent at your work at hand. Committee meetings, the same questions come up in the Council. Federal Flood Insurance for this community. A private individual can’t buy flood insurance in Marion, because we have no flood plan. The City needs to establish a flood plan and send it to the Feds. What’s going to happen in Marion when we have 3-6 inches, at that water comes crashing in our basement windows and into our homes, our insurance won’t cover it. What are we going to do? Do something about this.

Doug Short, 997 Edison Ave. spoke about Chief Bell, how the community is going to miss him. Thank You.

Mayor Schertzer spoke: we have been talking about flood insurance; we are not prepared to bring this to Council yet. We are finding out some of the things you are finding out. We are looking at that the cost might be. We are in the exploratory process now. We are having discussion with the Administration on that issue. Mr. Shoup said the City of Marion, the corporation limits; we do not include any areas that are officially within the flood insurance program. We are the second largest city in the State of Ohio. Bowling Green also does not have any areas in the corporation boundaries within a flood plan area. Definition of a flood is any event that causes flooding in two houses or covers two acres. It’s not when it backs up in the City Sewer system. Terms of this program that would be covered by the flood insurance program as they see it.  Mr. Cumston said he would like to have a program with the Sewer Department to put the check flow in. We need to look at that and make it available.

Mr. Ken Lengieza said this was before City Council years ago. The reason Council did not want to get involved at that time, it was because of the definition. The definition is a “river overflowing”. I think it’s something to be looked at.

 

COMMITTEES

Mr. Cumston said he has nothing at this time, I’d like to take a vote to cancel Finance for the 4th; Mrs. Blevins 2nd. Roll call: ayes all, motion carried.

 

Finance                                               11/4     Canceled

Regional Planning                               12/11   @ 7:00 County Bldg.

 

 

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

 

 

                                                                        ____________________________                                                                            Dave Edwards                                                                                                             President of Council

_________________________         

Clerk of Council