August 25, 2014 Summary

MARION CITY COUNCIL MEETING

City Hall – Council Chambers on August 25, 2014, 7:30 PM

 

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

 

 

 

PRAYER LED BY TIM ERRINGTON OF FAMILY LIFE CHURCH

 

 

 

PLEDGE OF ALLEGIANCE

 

 

 

Law Director Russell discussed the subject of 333 Joseph St. This is owned by Stanley Rosenfeld, a number of actions are being taken with it. Good news to share with you. The US EPA, Steven Wolf, on scene coordinator with Region 5 is here tonight.

 

            Steve Wolf spoke: starting next week will start the removal process. We anticipate it to be done before Thanksgiving. The only thing left would be the cement pad. All the rubble, debris and asbestos material will be gone. Barrier tape will be put up, temporary fencing around our heavy equipment. Workers will be wearing the white hazmat suits with respirators. We will be taking samples at the same time along the perimeter and the workers. Wet methods will be used, heavy traffic, 30-45 days of trucking. It’s going to be labor intensive. Will have some office trailers set up on Leader St. I’ll be there for 99% of the removal. Complaints should be directed to me. Mr. Robbins has my cell phone number.

 

            Mr. Ratliff said thank you from the 2nd ward, to Mr. Russell, the EPA office, the Attorney General. I am so happy that this is happening. Thank you very much. Mr. Wolf said sorry for the delay, we had hoops to jump through. Mr. Thomas asked about Leader St., we just resurfaced it. Mr. Wolf said he doesn’t know what trucking route they are going to take. We will take a look at it. We will photo document the conditions of the street, if there is any damage, we will pay for the repair.

 

            Mr. Osborn asked what the estimate figure would be. Mr. Wolf said in a ball park figure of between 2.5 – 3 million dollars. We do our enforcement process, with no cost to the City. Mr. Russell said there is an outstanding warrant on the owner of the property. The Attorney General is pursuing the case in the Common Pleas Court. Those cases remain thank you to the EPA while we follow through to the responsible party.

 

            Mayor Schertzer said that Director Robbins will be working closely with Mr. Wolf. We appreciate the efforts of the EPA along with Law Director Russell’s office. We have talked about this for a number of years. There was a few dollars spent to clean up the right-of-way over there.

 

            Mr. Sulu Kelley asked what will happen to the title. Mr. Russell said I believe a lien will go against the property.  Our goal is to revitalize the neighborhood. Mr. Wolf said anything over 500,000 that we spend; we have to put a lien on the property; however is the City is going to take it over for the good, talk to my Lawyer. In those cases, they usually write the lien off. The City is first in line and the EPA is the last in line. Mayor Schertzer said we will work closely with the attorneys with the EPA. The door is not closed on any options right now.

 

            Mr. Crider asked about Merle Randolph about the demolition on his place, the EPA is holding it up? Mr. Russell said the Ohio EPA said there is good news on that. Mr. Robbins said our intent to remove the building before the festival. The subcontractor identified that there is no asbestos in the material. We are talking about a week away. There are some private owners involved, we met last week, and made a plan of action. We are working through everything. If it’s not removed before the festival, it will be secured.

 

            Mr. Daniels asked about the bonding for demolition. Mr. Russell said we can deal with it as soon as we turn to it.

 

 

 

 

 

 

 

Summary of Proceedings for August 11, 2014, Mr. Thomas moved, Mrs. Blevins 2nd. Roll call: Ayes All, motion carried. Summary is approved.

 

 

 

OLD BUSINESS:

 

 

 

ORDINANCE 2014-50:

 

ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF MARION, BY REZONING WESTERN PORTION OF OUTLOT 606, ALSO KNOWN AS 1065 MT. VERNON AVE FROM AN R-1A (SINGLE FAMILY DISTRICT, LOW DENSITY) TO A C-5 (GENERAL BUSINESS DISTRICT) (Applicant, Stephanie McDaniel)

 

            Mr. Smith noted that this came out of Zoning & Annexation with a 3-0 recommendation for approval, we are asking for a public hearing tonight.

 

PUBLIC HEARING OPENED @ 7:48 p.m.

 

            Mr. Smith said this also came out of the City Planning Commission with a 5-0 vote. This is a strip of land beside McDaniel’s Motors to make their car inventory larger. Mr. Ken Lengieza said there was no objection within that meeting. Mr. Smith said that is all.

 

PUBLIC HEARING CLOSED @ 7:49 p.m.

 

            Mr. Smith moved to adopt, Mr. Osborn 2nd. Roll call: Ayes all, motion carried. ORDINANCE 2014-50 IS ADOPTED

 

 

 

ORDINANCE 2014-56:

 

ORDINANCE AMENDING ORDINANCE 1969-29, COMMONLY KNOWN AS THE YARGER REPORT BY CREATING TWO (2) POSITIONS WITHIN THE DEPARTMENT OF PUBLIC SAFETY, SPECIFICALLY AN INFORMATION TECHNOLOGY (“IT”) SPECIALIST 1 & 2  POSITIONS, ESTABLISHING SALARY AND BENEFITS FOR SAID POSITIONS AND DECLARING AN EMERGENCY

 

            Mr. Smith stated that this came out of Committee with a 3-0 recommendation. Mr. Smith asked about the ER clause, Mr. Robbins said it’s not needed. Mr. Smith is asking for a 2nd reading tonight.  ORDINANCE 2014-56 HAS HAD ITS 2ND READING

 

 

 

NEW  BUSINESS:

 

 

 

RESOLUTION 2014-19:

 

RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE OHIO DEPARTMENT OF TRANSPORTATION FOR FY 2015 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. Daniels said this came out of Finance with a 3-0 recommendation. Mr. Jeff Marsh asked for it to pass tonight, because of dealing with ODOT. Mayor Schertzer asked the same.

 

            Mr. Daniels asked to suspend, Mrs. Gustin 2nd. Roll Call: Ayes all, motion carried. Mr. Daniels moved to adopt, Mr. Crider 2nd. Roll Call: Ayes all, motion carried. RESOLUTION 2014-19 IS ADOPTED

 

 

 

RESOLUTION 2014-20:

 

RESOLUTION CONFIRMING THE APPOINTMENT, BY THE MAYOR, OF KATE FISHER AS A MEMBER OF THE AIRPORT COMMISSION

 

            Mayor Schertzer spoke: This appointment comes from a recommendation from the Chamber of Commerce. What happens – the Chamber will recommend somebody to me and I will agree to that, and then bring it on to you for your approval. Ms. Fisher wants to be on the Commission. She has a development

 

 

 

 

 

background. With that background, they should have someone on there like that. Many of the board members have an aviation interest. I think Ms. Fisher will bring something to that board. Mr. Osborn moved to suspend, Mr. Ratliff 2nd. Roll call: Ayes all, motion carried.

 

            Mr. Osborn moved to adopt, Mr. Ratliff 2nd. Roll Call: Ayes all, motion carried.  RESOLUTION 2014-20 IS ADOPTED

 

 

 

ORDINANCE 2014-58:

 

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

 

            Mr. Daniels stated that this came out of Finance with a 3-0 recommendation with approval; I move to suspend, Mrs. Gustin 2nd. Roll call: Ayes all, motion carried.

 

            Mr. Daniels moved to adopt, Mrs. Gustin 2nd. Mrs. Gustin asked if each of the vehicles sold, will the money be put back in. Mr. Robbins said each dept. will receive that money, yes.

 

Roll call for adoption: Ayes all, motion carried. ORDINANCE 2014-58 IS ADOPTED

 

 

 

ORDINANCE 2014-59:

 

ORDINANCE MAKING RE-APPROPRIATION IN THE POLICE FUND FOR OVERTIME FOR THE YEAR ENDING DECEMBER 31, 2014

 

Mr. Daniels stated that this came out of Finance with a 3-0 recommendation with approval; I move to have the 1st reading tonight. ORDINANCE 2014-59 HAS HAD ITS 1ST READING

 

          

 

ORDINANCE 2014-60:

 

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. Daniels stated 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. Daniels moved to adopt, Mr. Smith 2nd.  Roll call for adoption: Ayes all, motion carried. ORDINANCE 2014-60 IS ADOPTED

 

 

 

Matters not on the Agenda:

 

 

 

Mayor Schertzer spoke: Resurfacing and Popcorn Festival – they assured us that they will be done in time. They need to the final layer on Main St and then back on Fairground. It won’t interfere with the Festival.

 

3 new Police Officers were just sworn in this afternoon. 1 female, 1 African-American.

 

 

 

Committee Dates:

 

Finance                                   9/2       @ 6:30 Regular Business

 

Legislation Codes                   9/2       @ 6:40 Review of Chapter 9

 

Regional Planning                   9/24     @ 7:00 County Bldg.

 

 

 

 

 

 

 

Mr. Russell asked to go into Executive Session to discuss 2 items:

 

 

 

1. Litigation against the City

 

2. Personnel Issue

 

 

 

            Mr. Ratliff moved to go into Executive Session, Mr. Thomas seconding. Roll Call: Ayes all, motion carried.  City Council went into Executive Session

 

          

 

 

 

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

 

 

 

 

 

                                                                        ____________________________                                                                            Dave Edwards                                                                                                             President of Council

 

 

 

_________________________        

 

Clerk of Council