November 10, 2014 Summary

MARION CITY COUNCIL MEETING

 

 

City Hall – Council Chambers on November 10, 2014, 7:30 PM

ROLL CALL – 8 members answered – Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mr. Smith, Mr. Osborn, Mr. Crider, Mr. Daniels, Mr. Edwards; Mr. Cumston moved to excuse Mrs. Gustin and Mrs. Blevins; Mr. Ratliff 2nd. Roll call: Ayes all, motion carried.  Both Mrs. Gustin and Mrs. Blevins are excused.

 

PRAYER LED BY JASON KWAST OF FAMILY LIVE CHURCH

 

PLEDGE OF ALLEGIANCE

 

Summary of Proceedings from October 27, 2014; Mr. Cumston moved, Mr. Thomas 2nd. Roll Call: Ayes all, motion carried, Summary of Proceedings is accepted.

 

Mr. Brian Pinrod of Marion Housing Continuum of Care Committee to speak on the “Homeless Awareness Dinner” which is being held on November 19, 2014

 

NEW BUSINESS:

 

ORDINANCE 2014-69:

ORDINANCE MAKING AN ADDITIONAL APPROPRIATION FROM THE GENERAL FUND TO THE AIRPORT IMPROVEMENT FUND TO PROVIDE THE NECESSARY FAA GRANT MATCH AND MAKING AN ADDITIONAL APPROPRIATION WITHIN THE AIRPORT IMPROVEMENT FUND FOR THE YEAR ENDING DECEMBER 31, 2014

            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. Osborn 2nd. Roll call: Ayes all, motion carried. ORDINANCE 2014-69 IS ADOPTED

 

ORDINANCE 2014-70:

ORDINANCE APPROVING AND AUTHORIZING THE ACCEPTANCE OF AN ENGAGEMENT LETTER FROM SQUIRE PATTON BOGGS (US) LLP, 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. Osborn 2nd.

Mr. Osborn asked if we are tying ourselves up with that one person @ Squire. Mr. Russell said because of the body of the ordinance in Section 1, does not repeat the name in the first whereas. We will be OK. The legal authority of the ordinance shows up in Section 1-4. They are only dealing with the Bonding. Mr. Ratliff asked are we still with the firm or with her, since she moved from one place to another. Mr. Russell said let’s handle that when the time comes. Mr. Grassbaugh has been with us for many years, he had moved firms. We will cross that bridge if that comes up. It’s just an informational and required by statute to keep everyone involved.

Roll call for adoption: Ayes all, motion carried. ORDINANCE 2014-70 IS ADOPTED

 

ORDINANCE 2014-71:

ORDINANCE MAKING AN ADDITIONAL APPROPRIATION WITHIN THE SANITATION FUND FOR THE YEAR ENDING DECEMBER 31, 2014

Mr. Cumston noted that this came out of Finance with a 3-0 recommendation for 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 2014-71 IS ADOPTED

 

ORDINANCE 2014-72:

ORDINANCE AUTHORIZING THE SERVICE DIRECTOR TO INITIATE THE PURCHASE OF FOUR (4) SANITATION PACKERS TO BE USED IN THE 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, Mr. Osborn 2nd. Roll call: Ayes all, motion carried.

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

Mr. Sulu Kelley asked about the 4 purchase, make the ordinance to purchase 2 and revisit this again and see what our financial status is. Mr. Shoup said the lead time in purchasing these trucks are about 6 months. Right now we have enough money in the sanitation fund to purchase 2. The 2nd two will come later on, we’ll address that as we go forward.

Roll call for adoption: Ayes all, motion carried. ORDINANCE 2014-72 IS ADOPTED

 

ORDINANCE 2014-73:

ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS NECESSARY TO SELL CERTAIN REAL PROPERTY OWNED BY THE CITY AND DETERMINED NOT TO BE NEEDED FOR ANY MUNICIPAL PURPOSE AND DECLARING AN EMERGENCY

            Mr. Ratliff said this came out of Airports, Lands and Buildings with a 3-0 recommendation to send onto Council; it needs to be advertised for 5 weeks, I’d like the motion to suspend; Mr. Cumston 2nd. Roll call: Ayes all, motion carried.

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

            Mr. Ratliff asked about the time of the year, is this the time line we want to keep. Mayor Schertzer said we’ve never been in this position before. It may be an issue. I’ve received a couple of phone calls about this. We have to auction this off, it goes through and then it comes back to Council, I’d like to expedite this asap. Mr. Russell said I put in ORC 721.01. What is required when a property is sold? The sale is to be authorized by an ordinance. This is what we are doing tonight. There would be no legal requirements that the Mayor should go back to Council. As long as Council does not mandate of coming back, then it won’t be. It doesn’t need to come back. That was completely the opposite of what I was told by your assistant. Mr. Russell said it can be read both ways, in this case, as it says, approved by 2/3 with an ordinance. With only with the highest bidder after 5 weeks of advertising. Sorry for the confusion, it was a cut and paste of the ORC.

            Mr. Daniels asked the administration if they would reject the bid. Mr. Russell said that’s in ORC 721.01. Precedent would be some material in defect in the advertisement. The purpose is to achieve the highest bid. Mayor Schertzer said I don’t have a problem bring it back to you with who and how much is the highest bid.

Mr. Ratliff said I’m ok to bring it back to Council; it’s just an extra step for protection for everyone. That’s how I see it.

Mr. Crider says he concurs with Mr. Ratliff and have it brought back to Council. Mr. Cumston said if you put it up for Auction, it’s an asset that turned into a liability with other issues going on. There is no public purpose for it anymore. If it goes back to Council for our acceptance, then it’s not an auction. Mr. Daniels said if we sell it with auction – it should be with reserve. It’s already an auction with reserve; if you want to bring it back to council, regardless of who is making the decision.

Mr. Osborn said the Kresge building came up to auction 15 years ago, It was sold to a person that had no desire to do anything to the property. Depending on the plans, bring it back to us, have the owner come in. It’s a competitive bid. I know the sale of property is a little bit different, I would really like to see what their plans are. We have an investment in downtown, we should be looking what the owner’s plans are.

Mr. Thomas said if we put this up for auction, what you are saying, we have to be sure of what you are going to do with that building. I understand your concern Dale, but if you are going to bid on the building, it’s the highest bid, how can you put a contingent on it. I think we really need to get rid of this building, if we put too many contingencies, nobody would want it.

Mr. Ratliff said I withdraw my motion to adopt and make a motion to amend, Mr. Smith withdrew his 2nd.

Mr. Ratliff said the he’d like to amend it to say: “That the successful bid comes back to Council for final approval”; Mr. Osborn 2nd. Mr. Thomas asked you are coming back with the sale, not what they are doing with the building. Mr. Ratliff said yes.

Mr. Thomas said how can you auction a building, how can you tell the person of what to do with it. Mr. Crider said in Ohio, its “buyer beware”. I’m ok with coming back with the amount, not what they are going to do with it.

Mr. Daniels said I’d like to speak in Executive Session; Mr. Russell said maybe get the other items done first and then come back to this one.

            Mr. Thomas made the motion to move item 5 to the end of the Agenda. Mr. Ratliff 2nd. Roll call: Ayes all, motion carried. Item 5 is moved to the end of the agenda.

 

ORDINANCE 2014-74:

ORDINANCE AUTHORIZING AND RATIFYING THE SERVICE DIRECTOR'S PREVIOUS ACTS FOR THE REPAIR OF THE SANITARY SEWER ON WEST CENTER STREET WITHOUT FORMAL BIDDING AND ADVERTISING PURSUANT TO ORC 735.051, AND DECLARING AN EMERGENCY

Mr. Cumston noted that this came out of Finance with a 3-0 recommendation for approval; this is due to an collapse of the sanitary sewer over there; 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 2014-74 IS ADOPTED

 

ORDINANCE 2014-75:

ORDINANCE AUTHORIZING THE CITY AUDITOR TO ENTER INTO CONTRACT WITH THE STATE OF OHIO, OFFICE OF THE AUDITOR OF STATE FOR THE GAAP (GASB) FINANCIAL STATEMENTS 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. Smith 2nd. Roll call: Ayes all, motion carried. ORDINANCE 2014-75 IS ADOPTED

 

Matters not on the Agenda

 

            Mr. Ratliff mentioned about the Halloween night. He feels that is should not be set by City Ordinance, which the Mayor cannot change.

Mayor Schertzer said this comes up every year. Why does the Mayor have to set it to begin with? Do you really want a politician what day, what time, and what circumstances? Mr. Osborn said you don’t want to go there again. Mayor Schertzer said you are not going to please the whole community. I don’t know if other communities are set by ordinances or not. Some are doing it during daylight hours.

            Mr. Osborn said it got to a point back then, that we were talking about a national holiday; the conclusion was this was the best way to do it, with no gray areas. Mr. Thomas said Dale is right; I’m not sure when this was passed. My understanding was to make sure that it was a set time that everybody knew when it was. There is a clause for Sundays. The only issue you’d have a lot more discussion is licensing CATS.

 

COMMITTEE DATES:

 

Finance                       11/18  @ 6:30

Legislation Codes     11/18  @ 7:00

Streets & Sewers      11/18  @ 6:45

 

Mr. Edwards said that Mr. Daniels already made a motion to go into executive session. Mr. Russell said the discussion will be for the sale of real estate in a competitive bid for the terms of the competitive bid where the terms of the bid or the acceptance of thereof would prejudice the process. Mr. Thomas 2nd.  Roll Call: Ayes all, motion carried.

 

CITY COUNCIL GOES INTO EXECUTIVE SESSION @ 8:15 PM

            CITY COUNCIL RECONVENED @ 8:50 PM

          

            Mr. Ratliff reiterated the amendment that he would like to see done: “That the successful bid comes back to Council for final approval”; Mr. Osborn 2nd.

Roll call for the amendment: YEAS: Mr. Ratliff, Mr. Thomas, Mr. Smith, Mr. Osborn, Mr. Crider, Mr. Daniels; NAYS: Mr. Cumston.

            Mr. Ratliff moved to suspend, Mr. Cumston 2nd. Roll call: YEAS: Mr.

Ratliff, Mr. Thomas, Mr. Smith, Mr. Osborn, Mr. Crider, Mr. Daniels; NAYS: Mr. Cumston. ORDINANCE 2014-73 HAS HAD ITS FIRST READING

 

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

 

                                                                        ____________________________                                                                                  Dave Edwards                                                                                                           President of Council

_________________________   

Clerk of Council