April 28, 2014 Summary

MARION CITY COUNCIL MEETING

City Hall – Council Chambers on April 28, 2014, 7:30 PM

 

 

 

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

 

 

 

THE PRAYER LED BY PASTOR JEREMY DUNN

 

 

 

PLEDGE OF ALLEGIANCE

 

 

 

Summary of Proceedings for April 14, 2014, Mr. Cumston moved, Mr. Thomas 2nd. Roll call: Ayes All, motion carried. Summary is approved.

 

 

 

         Mr. Cumston moved to add Ordinances 2014-26, 27, and 28; Mr. Thomas 2nd; Mr. Osborn 3rd.  ORDINANCES 2014-26; 27 AND 28 ARE ADDED TO TONIGHT’S AGENDA

 

 

 

NEW BUSINESS:

 

 

 

RESOLUTION 2014-12:

 

 

 

RESOLUTION WHEREBY THE CITY OF MARION AGREES TO PROVIDE FIRE PROTECTION, ZONING, POLICE PROTECTION, STREET MAINTENANCE AND ALL OTHER ORDINARY CITY SERVICES PROVIDED WITHIN THE BOUNDARIES OF THE CITY OF MARION, TO THE PROPOSED TERRITORY FOR ANNEXATION TO THE CITY, LOCATED NORTH OF THE CITY OF MARION, CONTAINING 224.257 ACRES, AND DECLARING AN EMERGENCY (Applicant, National Lime Stone Company)

 

 

 

          Mr. Smith noted that this came out of Committee with a 3-0 recommendation for approval; this is not the annex portion. This is merely the services that the City is going to provide for the annexed land.

 

 

 

          Mr. Ratliff said he has never seen with an annexation done in this order. Mr. Thomas said it has. Why do you agree to provide service to an area? Mr. Russell said this is actually the statutory historical president; Under the Statute, whether the City will provide services; then it goes back to the Commissioners; once the Commissioners had taken action, then it comes back over to us to accept or decline. Mr. Ratliff said it sounds like a backwards process to me. Mr. Cumston said this has nothing to do with the annexation tonight. Mr. Russell said this is one of the steps in the process of how an owner can join a municipality. The ultimate step, once the Commissioners do their statutory obligation, and then we put forth an Ordinance authorizing the annexation of the territory.

 

 

 

          Roll call for suspension; YEAS: Mr. Cumston, Mr. Thomas, Mrs. Blevins, Mr. Smith, Mr. Osborn; NAYS: Mr. Ratliff, Mrs. Gustin.

 

 

 

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

 

 

 

          Mr. Ratliff moved to welcome the County persons to come and talk on this project, Mr. Osborn 2nd, roll call: Ayes all, motion carried.

 

 

 

          Mrs. Caudill, we don’t want this annexed, we don’t want these explosions. There is a house on Rt. 4 that needs to be gutted and that NLS is paying for that, plus you don’t let people know of the meetings. Mr. Thomas said we do, we had a meeting last week about it and had residences last week here. We are not talking about annexation tonight.

 

 

 

          Stacy, 3154 Marion Bucyrus Rd. The quarry is not paying for our house. The only thing I got from the quarry is the well. We lost everything, the damage is done, and it’s a temporary fix. I wish they would take ownership. I bought the house 4 years ago; I’m stuck in the house. Think twice about doing this, it’s destroying our family, health issues for the rest of my life. Mr. Cumston asked about the black mold. Stacy said it was proven from the blasting. 4 pipes blew under our house. Toxic black mold took over the house. Mr. Cumston asked about the documentation, can you get copies of the insurance. Stacy said the mold under our house, was awful. Water hammer effects, when a well is going dry, on and off on the water pressure, It blew more pipes. There is no guarantee that it will be all right. Also, my house sunk 3 inches; we had structural damage. Mr. Edwards said you will have another opportunity to speak. Mr. Cumston said please have the clerk collect the copies of your documentation. I’d hate to here of damaged families; there was a lot more information; we wouldn’t deny any help in this community. Mrs. Blevins said I agree with Mr. Cumston. The next time there is a meeting, I think it’s important that we see the information you have.

 

 

 

          Stacy said going against the home owners insurance is not an easy task; we went to a public adjuster, who fought our insurance company to fix our house. We spent over 20,000 dollars with this public adjuster. Mrs. Blevins said we were not aware of this. Mr. Scott Crider said I have read the minutes from 2012, they were not conclusive at the time. There is a 10 year life in the quarry; you are still going to contend with that situation as it is.

 

 

 

Mr. Daniels asked Mr. Ratliff where the stone comes from for the sewer work in your ward. It comes from the quarry.  The financial interest, the City has an interest in it because of the gravel.  The 2nd issue, I’m interested in seeing your plight issue. We can’t close the quarry; it will operate for the next 10 years. We’ve been speaking about it since 2012 of lowering the amount of noise. Either you’re mistaken or ODNR is mistaken, if we had those that regulate seismic activity, you’d find 2 total different. I can’t see ODNR lying to me.

 

 

 

          Mr. Brian Barger, NLS, If the women is going to forward that information to Council, we too would like to get our side of the story out there. We did not come armed tonight with anything pertaining that. This is a multi-step process. There have been various committees to have that community come together and speak with us; we have heard nothing; until these meetings come up. We do have a sound study that we’d like to share at the appropriate time. Under the current township zoning, we can carry on as to what we are doing; we are trying to make the situation better. We are willing to provide the Council with the information to address this situation. Mrs. Blevins said that would help us. We didn’t realize this was going to happen, but it’s something that we should all know. Mr. Cumston said before we move onto the next phase, can we make available all the documents, make a list of names for the entire neighborhood with emails, I’d had the neighborhood to miss any meetings. Just have a public information file. I was not aware of this. Everybody can say this is what we are experiencing; we had the EPA here, the wells going dry. At least everybody has the same information in there, EPA notes, all the finding, contact information.

 

 

 

          Mr. Edwards said he wanted to get back on task. Mr. Ratliff said I heard several times of the separate issue on the agenda and annexation of the property, it is intertwined. If you don’t want to annex the property, why you provide services. I would like Council to entertain the change to motion to suspend rules. I truly feel for these people here. I don’t think that a stone quarry is a good neighbor. The township trustees said no. I feel for their position that they don’t want to be closer, the situations are linked, let’s have a first reading tonight.

 

 

 

          Mr. Daniels said I would like to open up more dialog, instead of putting it off. I would like to hear what they want to say now.

 

 

 

Mr. Henry Norris, 964 Woodlawn Ave. spoke – we don’t want to shut down the quarry. I live on the adjoining property to the land that they want to annex. You can’t get any more stone if you shut it down. You can get it from Delaware; you won’t run out of stone. We haven’t heard anything from NLS for 2 years, we were waiting. I sent letters to all of you today, via email. That is our stand on this.

 

 

 

Mr. Cumston said with this particular issue, this comes to a vote, I think the closer we get to vote, the more pressure it gets on everybody. This is a good process, it becomes reality, the EPA was here in Sept. of 2013 and now we are here at this point. That’s why these public meetings are good.

 

 

 

Mr. Daniels said we have to haul it in from someplace else. The cost of ton of gravel, it’s the transportation of the gravel. The costs are often more than the actual gravel. We are not replacing sewers fast enough as it is. I’m stuck, when I hear her story, was this freezing problem, during the summer, pipe cracking, water hammer busting so many pipes. I’m a plumber; I’ve never run into that problem before. It’s a tough decision. When you have ODNR with seismic tests saying they do no damage. You don’t know. Your State Government is saying one thing, and then the residents are saying another. There are others that say the quarry should shut down, others say that they should buy my house, wherein lies the truth.

 

 

 

Mr. Thomas said we are not trying to push anything here; this has come before City Planning, a couple of meetings, in front of Zoning and Annexation, 1 or 2 meetings in that committee. We had ODNR here; we had the water wells talked about. This is the first time I heard about the house. We also asked the residents get together and bring back there issues. Sitting here and people telling us that we are not informing you, is wrong. I heard what you said; you have a problem out there. One thing that bothers me that you had to fight with the insurance company over that. Those chose not to go after NLS that is not our problem up here. They chose not to go to NLS.

 

 

 

          Mr. Sulu Kelley, 365 E. Farming asked about how deep is their foundation, I would like that information brought forward.

 

 

 

          Ms. Stacy Pillians-Meadows spoke again: They were given that information on my house. Proof was sent to them, Dan was in my home. They got worse. ODNR has done several readings, however what the fail to tell you, ODNR only goes so far down. What happens under that bedrock? It’s not fixed permanently. It took 2 days and went around the neighborhood; they showed me damages, water in their basements, basements falling in. It goes beyond that, money can’t fix anything. I’m not here to have them buy me out of my house. My house was taken down to the dirt. I got a well from the quarry. No money, no sorry, nothing.  I’ll get that proof. Look at the pictures.

 

 

 

          Mr. Osborn said I was opposed of this then a couple of years ago; I’m opposed of it now. It generates around 16,000 to the City, you are approaching the neighborhood. So that’s where my resolution would be tonight. Mrs. Gustin said I too am concerned. Last week Mr. Barger said he would release some of the sound study, but not all, that concerns me. I think that they would want to do better for their neighbors. There are so many issues. Personal problems, they will never get my vote.

 

 

 

          Mr. Daniels called the question. Roll call for adoption: YEAS: Mr. Cumston, Mr. Thomas, Mrs. Blevins, Mr. Smith, Mr. Daniels; NAYS: Mr. Ratliff, Mr. Osborn, Mr. Crider, Mrs. Gustin. RESOLUTION 2014-12 IS ADOPTED

 

 

 

       

 

 

 

ORDINANCE 2014-23:

 

 

 

ORDINANCE AMENDING THE MARION CITY CODE MORE PARTICULARLY FINDING CHAPTER 710 EYEGLASS ADVERTISING AND PRICE ADVERTISEMENTS REGULATION TO NO LONGER BE NECESSARY AND THEREFORE FINDING IT IN THE BEST INTERESTS OF THE CITIZENS OF MARION, OHIO TO REPEAL SAME

 

 

 

          Mr. Daniels said this came out of Legislation, Codes & Regulations with a 2-0 recommendation for approval, I move to suspend; Mrs. Blevins 2nd. Roll call: YEAS: Mr. Cumston, Mr. Thomas, Mrs. Blevins, Mr. Smith, Mr. Osborn, Mr. Crider, Mr. Daniels, Mrs. Gustin; NAYS: Mr. Ratliff.

 

 

 

          Mr. Daniels moved to adopt, Mrs. Blevins 2nd. Roll Call: Ayes all, motion carried. ORDINANCE 2014-23 IS ADOPTED

 

 

 

 

 

 

 

ORDINANCE 2014-24:

 

 

 

ORDINANCE AMENDING MARION CITY CODE MORE PARTICULARLY FINDING CHAPTER 720:  COIN‑OPERATED DEVICES NO LONGER BE NECESSARY AND THEREFORE FINDING IT IN THE BEST INTERESTS OF THE CITIZENS OF MARION, OHIO TO REPEAL SAME

 

 

 

          Mr. Daniels said this came out of Legislation, Codes & Regulations with a 2-0 recommendation for approval, I move to suspend; Mrs. Blevins 2nd. Mr. Cumston asked Mr. Daniels if this affects the games of chance. Mr. Daniels said we don’t regulate those, it concerning stuff back in the 60’s, the pinball machines. Roll call for suspension: YEAS: Mr. Cumston, Mr. Thomas, Mrs. Blevins, Mr. Smith, Mr. Osborn, Mr. Crider, Mr. Daniels, Mrs. Gustin; NAYS: Mr. Ratliff.

 

 

 

          Mr. Daniels moved to adopt, Mrs. Blevins 2nd.

 

 

 

Mr. Russell said in the committee it was suggested to tweak the chapter – in the last 20 years, we have used this as a tool for our community when people would inquire game of chance parlors, sweepstakes parlors. Back to your question, to some extend it does, it’s a regulation to some extent that kept way games of chance. Mr. Daniels asked Mr. Robbins about the history of pinball machines. Mr. Robbins said he recalls in the mid to late 60’s there were establishments within the City that they had to have stickers on them. That’s the last I recall on coin-operated devices. We have devices @ Blue Fusion, no quarter, a token, or tickets, that’s the only place I know that has them. Mr. Daniels said I’m inclined to repeal the whole thing since we haven’t used this in the past 20 years. Lottery, sweepstakes machines are regulated by the State. They don’t concern us. Every pinball machine doesn’t need a fee out there. I have no request or complaint for the coin operated devices.

 

 

 

Mr. Osborn said he agrees with Mr. Daniels. Its juke boxes, pinball’s, and the like. You are not going to inspect the machine. It’s outdated, it needs to go away. If we need to come back to it, we can.

 

 

 

Roll Call for adoption: YEAS: Mr. Cumston, Mr. Thomas, Mrs. Blevins, Mr. Smith, Mr. Osborn, Mr. Crider, Mr. Daniels, Mrs. Gustin; NAYS: Mr. Ratliff. ORDINANCE 2014-24 IS ADOPTED

 

 

 

 

 

 

 

ORDINANCE 2014-26:

 

 

 

ORDINANCE AUTHORIZING THE SERVICE DIRECTOR TO ADVERTISE FOR BIDS AND ENTER INTO CONTRACT FOR FORAGE GRASS HARVESTING UPON CERTAIN TERMS AT THE MARION LANDFILL AND DECLARING AN EMERGENCY

 

 

 

          Mr. Cumston said this came out of Finance with a 2-0 recommendation for approval; I make the motion to suspend, Mr. Osborn 2nd. Roll Call: Ayes all, motion carried.

 

 

 

Mr. Cumston moved to adopt, Mr. Osborn 2nd. Roll call: Ayes all, motion carried. ORDINANCE 2014-26 IS ADOPTED

 

 

 

 

 

 

 

ORDINANCE 2014-27:

 

 

 

ORDINANCE MAKING AN APPROPRIATION IN THE BARKS ROAD TIF FUND FOR THE YEAR ENDING DECEMBER 31, 2014

 

 

 

Mr. Cumston said this came out of Finance with a 2-0 recommendation for approval; I make the motion to suspend, Mr. Osborn 2nd. Roll Call: Ayes all, motion carried.

 

 

 

Mr. Cumston moved to adopt, Mr. Osborn 2nd. Roll call: Ayes all, motion carried. ORDINANCE 2014-27 IS ADOPTED

 

 

 

 

 

 

 

ORDINANCE 2014-28:

 

 

 

ORDINANCE MAKING ADDITIONAL APPROPRIATIONS IN SANITATION FUND AND THE CENTRAL GARAGE FUND FOR THE YEAR ENDING DECEMBER 31, 2014

 

 

 

Mr. Cumston said this came out of Finance with a 2-0 recommendation for approval; I make the motion to suspend, Mr. Osborn 2nd. Roll Call: Ayes all, motion carried.

 

 

 

Mr. Cumston moved to adopt, Mr. Osborn 2nd. Mr. Osborn said if we borrow money on this, appropriating money this quickly, it will affect the 2015 rates; please be cautious.

 

 

 

Roll call for adoption: Ayes all, motion carried. ORDINANCE 2014-28 IS ADOPTED

 

 

 

 

 

 

 

MATTERS NOT ON THE AGENDA:

 

 

 

Mr. Cumston asked Mr. Daniels to have Mark look at the coin operated segment. No unattended consequence on games of chance. I hate to leave that open. Mrs. Gustin said we can entertain another ordinance. Mr. Cumston said you can’t grandfather it though.

 

 

 

Mayor Schertzer mentioned about the new vehicle MRAP. If there should be any questions, please let us know.

 

 

 

Mr. Daniels asked about getting it fixed. It’s a very expensive piece of equipment. I know it’s free. Do we have a useful purpose for this?

 

 

 

Lt. Gruber spoke – it increases our safety unit. For the last 20 years we have used a Marion Area Transit Bus. No protection in the vehicle. AK47 assault rifles encountered. This vehicle will allow us to get right up to the house. Back up to the school, extract 20 kids at a time, safer situation. Agencies are willing to pay 500,000 for one of these vehicles. We are funded by donations, except our salaries. The American Legion, Y-Men and Knights of Columbus have all donated for vests and uniforms. There is certainly a need for this. We are up to 9 actually deployments already this year. Gas prices for 17 operations for this was 217.00; you are going to probably look at doubling that to 500.00. The heavy rainfall last year, we lost 2 cruisers. This vehicle sits high, in Fairpark we had 4’ of water up there. This vehicle will stand up to bullets. Mr. Thomas said we do need something like this. What is the weight of this thing? Lt. Gruber said between 40-50 ton. Mr. Thomas said it could crush a lot. We do need the protection. Lt. Gruber said we will take precaution on that. Mrs. Blevins asked where are you going to park it. Lt. Gruber said it will be confidential, if not a secure area. Mr. Cumston said that could be a mobile response vehicle in case of a disaster. Lt. Gruber said absolutely. This vehicle will probably be used 3-4 times a month.

 

 

 

Mr. Daniels said I’m not against the project, if you see the machine coming down the street, it will set an image for your department. >t. Gruber said we are looking @ Tri-Rivers to paint it – to look more Police than Army. We’ll get formal training on the operation of the vehicle. We’ll have an open house. We want it to be a scary thing for the bad guys in the community.

 

 

 

Sulu Kelley said when we had Marmet talk to us a year ago; breaking down the doors, please contact the landlord, repeating the offer. Thank you.

 

 

 

Mrs. Gustin asked about the delivery, do you hope to have the money for that. Major Clewell said yes.

 

 

 

Roger Baldinger spoke on the log jams in the Little Scioto. – River Conservancy meeting -their interpretation is a hands off policy due to the Baker creosote issue. There is a liability for that. Mr. Daniels said log jams don’t get smaller, they get larger. We’ll have to get a legal answer. Roger said they are aware of some problems in there.

 

 

 

 

 

 

 

Committee Dates:

 

 

 

Finance                            5/5     @ 6:30

 

 

 

Legislation Codes            5/5     @ 6:50 Liquor Permit

 

 

 

Regional Planning            5/28    @ 7:00 County Building

 

 

 

Streets & Sewers             5/5     @ 6:40 Greenwood Project

 

 

 

 

 

 

 

       

 

 

 

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

 

 

 

 

 

 

 

                                                            ____________________________                                                           Dave Edwards                                                                                         President of Council

 

 

 

_________________________ 

 

 

 

Clerk of Council