July 13, 2015 Summary

MARION CITY COUNCIL MEETING

 

 

City Hall – Council Chambers on July 13, 2015, 7:30 PM

 

ROLL CALL – 9 members answered – Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Blevins, Mr. Smith, Mr. Osborn, Mr. Crider, Mr. Daniels, Mr. Edwards; Mr. Cumston moved to excuse Mrs. Gustin, Mr. Ratliff 2nd. Roll Call: Ayes all, motion carried.

 

PRAYER LED BY PASTOR JASON QWAST OF FAMILY LIFE CHURCH

 

PLEDGE OF ALLEGIANCE

 

Summary of Proceedings from June 22, 2015. Mr. Cumston moved, Mr. Thomas2nd. Roll Call: Ayes all, motion carried, Summary of Proceedings is accepted.

 

OLD BUSINESS:

 

ORDINANCE 2015-54:

ORDINANCE DIRECTING THE SERVICE DIRECTOR TO AMEND THE MASTER TRAFFIC CONTROL PLAN BY INCORPORATING THE ODOT NON-WARRANTED SIGNAL REMOVAL AND CONVERTING SAME TO A 4 WAY STOP AT THE INTERSECTIONS OF LEADER AND SILVER STS., AND DECLARING AN EMERGENCY

            Mr. Thomas spoke: this came out with a 6-0 approval out of the Traffic Commission. Mr. Crider said he has received several phone calls, a lot of confusion, more accidents will happen. We need some relief there, I make the motion to suspend tonight; Mrs. Blevins 2nd. Roll call: YEAS: Mr. Cumston, Mr. Thomas, Mrs. Blevins, Mr. Smith, Mr. Osborn, Mr. Crider, Mr. Daniels; NAYS: Mr. Ratliff.

            Mr. Ratliff said I don’t think the stop signs are going to be more visible than the flashing light, and there are turning lanes there. I have never seen a 4-way stop with turning lanes. I’m not sure that stop signs are what we need here. Mr. Osborn asked if the stop signs are warranted, Mr. Bishop said no. Mr. Crider asked about the 60 day evaluation after the stop signs go up and compare. Mr. Robbins said we’ll leave the flashing red light, with the stop signs in place. To expand on that, I have several calls in my office about this. The residents I spoke to felt the stop signs would provide a safer intersection that it is today. If we posted properly, we could make it safer, and we would have to remove that turn lane. We’ll bring it back to the Traffic Commission with the results.

            Mr. Ratliff asked if there any other intersections in Marion with stop signs that have a turning lane. Mr. Robbins said not to his knowledge. Mr. Ratliff said he doesn’t like the situation, take out the turning lane. It should have been taken out to begin with if there were accidents there. Do it the first time, before we take down the lights. Mr. Robbins said I’ll do what Council wants to do. Mayor Schertzer said we’ll have to follow the Traffic Manuel regardless. That’s what we’ll refer to when we erect the 4-way stop. That would be the guidance of the engineer. Mr. Cumston said the lights were put in to control the traffic down there when we had more flow. It takes a while. I think it would work, but the turn lane would make it weird though.

            Mr. Osborn moved to adopt, Mr. Crider 2nd. Roll call:  YEAS: Mr. Cumston, Mr. Thomas, Mrs. Blevins, Mr. Smith, Mr. Osborn, Mr. Crider;   NAYS: Mr. Ratliff, Mr. Daniels. ORDINANCE 2015-54 IS ADOPTED

 

ORDINANCE 2015-55:

ORDINANCE AUTHORIZING AND DIRECTING THE SERVICE DIRECTOR TO AMEND THE MASTER TRAFFIC CONTROL MAP BY MAKING THE FIRST ALLEY SOUTH OF W. FAIRGROUND ST BETWEEN OAK ST AND N. PROSPECT ST ONE-WAY EAST

            Mr. Thomas spoke: This came out of Traffic Commission with a 6-0 approval, I’ll ask for a 2nd reading tonight. ORDINANCE 2015-55 HAS HAD ITS 2ND READING

 

ORDINANCE 2015-60:

ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AGREEMENT WITH THE COUNTY OF MARION, OHIO AND THE MARION COUNTY SHERIFF'S DEPARTMENT FOR THE PROVISION OF DISPATCH SERVICES UPON CERTAIN ENUMERATED TERMS AND DECLARING AN EMERGENCY

            Mayor Schertzer spoke: we met with County on this last week to hammer out some issues. Mr. Thomas said we have another agreement 7-7-15. What were the changes on this? Mr. Russell said there was a lot of clarification. It refers that the Sheriff will be providing the dispatch services, the County is a signer of the agreement, and they have obligations. Timetables have changed, the basic content of the form, there was a #3 with no content, which was taken out.  The content will not change, the dates. That depends when they are ready to provide the service. Mr. Thomas said we assumed that Sept. 1 will be the date to take over. Mr. Russell said it’s possible that it may change. Chief Collins said the date was a hang-up. There is no way of knowing the dispatch center will be up. The urgency for us to paying about 180 hours in overtime in this month alone. Once the contract is signed, the County dispatch will come to us for training and will alleviate a lot of the overtime. When that room is done it will be in one swoop to move over. Mr. Thomas said Sept. 1 – if we pass this, those County dispatches will be here by Sept. 1. The moving date when we move over there. Mr. Collins said yes.

            Tom Bell, 1180 Pineridge Dr. spoke: I always thought it was a good idea for combined dispatch. An idea kicked around for 12 years. Meeting after meeting to get this ironed out. Better service, at less cost, if we couldn’t do that, there is no need to do it. We couldn’t meet that. 12-13 years, we couldn’t come up with a solution, brought to the Council meeting, not on the agenda, suspend the rules and pass it on. I commend those that voted against that. I don’t understand why the County will pay us 400,000/year so take our employees; pick up 400,000 of an expense what we pay. Maybe they’ll kick in with the Aquatic Center too. Somewhere down the line they are going to want their money back. I oppose the advisory board, what they say doesn’t mean anything. The Sheriff said he wants authority who is a politician. Put a board to run it. I spoke with Chief Collins, he knows how I feel about this, and I respect him. He wants to put more officers on the street, that’s not his job, that’s your job, the Mayor’s job, to make sure he has the manpower and the money. He came up with the plan to get 400,000 to get 4 more people on the street. There was no guarantee it would go back to those people. I’m sorry Chief you are not going to get your 4 people. What happens in 4 years if this doesn’t work? Your dispatch center won’t be there anymore. Why not leave it where it is, it functions just fine. You will save money and better service. Don’t focus on the $$ signs and look at the warning signs. You are going to get charged 3-4 times as much. The fire dept wants some of the money to get more people. 400,000 don’t go too far. Better service, leave it where it is, put a board in charge of it, everything would be fine.

            Mr. Ratliff said I would like to have those concerns of the prior Chief; his opinion has to hold a lot of weight around here. I would like those to be addressed. Mr. Russell said I appreciate what former Chief Bell indicated. The question presented, what we do in 4 years, nobody has that answer. There is flexibility in the contract. It’s best to rely on the professionals providing the service. Mayor Schertzer said yes we’ve spoken about this for many years, we thought we put together a plan to merge the 2 dispatchers that would save money and provide equal or better services, and taken the employees under consideration. Those are the 3 things I look at. 4 or 5 years ago, the other side didn’t agree. You need 2 sides to agree. Last December after an E911 meeting, the issue was dead, go our own ways, revisit the issue later on. Personnel does change, the Chief was right. The offer from the County, we have not seen, since engaged on this issue while I’ve been Mayor. It had great merit. We’ve been working through issues in the past 6 months. An elected person is responsible for the E911. Prior, the Sheriff was totally opposed to an advisory board at all. Now he is OK with it. The advisory board will continue to exist because it’s written in the contract, the contract they have to abide by. The reason we make progress, we got together a group of 9 policy makers for this issue. 4 right here and 5 across the street. We were able to get to the real issues, and not the petty issues that had held this community up for so many years. We are able to do this without a State Grant. I lot of things I like about it, the direction we took in the last 6 months. The City is not going to get everything it wants; the County doesn’t get everything they want. They wanted more money, we said no. As long as this topic has been going on, 98 out of 100 people have been in favor of it.

            Chief Collins spoke: I’m taken back with the old Chief being here. He is certainly entitled to his opinion. You can’t lose sight of the #1 goal, make a combined dispatch center. Eliminate all transfers. That’s the benefit of all constituents. A lot of what the X-Chief said tonight. 2 people dug in their heels, neither one have given. That’s why they got hung up as long as they did. They have never offered to take our contract as is. Mr. Osborn said we take about the fact the city and the county didn’t get what they want, the citizens of the community are getting what they want. Mr. Ratliff said I have no problem with the Sheriff running it. The players change. When the people know that it’s the Sheriff’s responsibility, they have to carry that to the voting booth. If the discussion would have been from the start, the sharing of equal, would you have been for this. Mr. Collins said the #1 goal to myself, we do this for the community. 1 combined center to serve city and county, the cost savings was a bonus. Mr. Ratliff said what is our plan, in 4 years, we do take this back over, there was some township that left the County and paid us to service them. Chief said we do have a plan, come back here and start our dispatch service, we can’t predict the future for the City in the next 4 years. Run a center for 1.1 million – still looking about ½ mill to run it if split between the City and County.

            Mr. Cumston said we are saving the money, hire more officers, what we do with the savings; it’s entirely upon this Council. To earmark that money the next Council can change that as well. We are sorely in need of officers as well as the fire dept. We are still not back to our revenues since 2008. It has to start somewhere. The health dept was pretty rocky in the beginning, but it smoothed out. We care a lot. To have this type of support really said a lot what’s been going on in this process. I think it will get better as it goes on, I support it.

            Mr. Sulu Kelley, 365 E Farming spoke: Future Sheriff would be able to modify – it shouldn’t be modified. Mayor Schertzer said the responsibility of the Board can be modified. Chief Collins said the contract cannot be modified for the live of the contract. Mr. Kelley asked about escalation price for the future, any cap. Mr. Russell said no provision for year 5. Mr. Kelley said asked about past monies with the ballot and the tax increase.   

Auditor Carr spoke: Average Cost –rounding it up – 975,000 to run dispatch today.  From the .25% we get about 148,000.00. If the city kept dispatch take the 975,000 and deduct the 148 ends up with 827,000. It’s costing the city out of GF to continue to have dispatch in the City.  Take the 148,000 out of the 527,000 it would cost the GF 372,000 for us to have this combined dispatch.  Mr. Kelley said why are we moving the equipment over there across the street. Why don’t we just operate it from City Hall? Mayor Schertzer said that is one of our issues I would much rather have it run in City Hall. That was one of our proposals. The other side did not agree. The one at the Sheriff’s office is in dire need for an update. We decided to move the issue forward, we gave on that issue, if they would give on another. It made a lot of sense to the tax payers. If the county didn’t have to go out and buy parts and pieces, and we have it, why not save the taxpayer dollars. Mr. Kelley said how much is it going to cost to uninstall and re-install. Mr. Russell said there would be no cost. Mr. Kelley asked if the Unions are OK with this. Mayor Schertzer said our union vote was 8-2 in favor. I don’t know what they voted on – most likely in favor.

Mike Murphy 1182 Heritage Lane – after 4 years, you can’t take it back, once you give up your 911 piece app. You can’t partition again. As a taxpayer, 2012 we pushed issue 6 in favor of more cops and firefighters. We offered deal after deal to try to get them here. You don’t have to spend 400,000 to put a false floor in and the 911 equipment. We are ADA compliant. Now the deal is getting closer, they are willing to bring their dispatchers over here. Delaware County has a board that runs it. As far as 37,000 residents not being educated, nobody until a year ½ ago the cell towers were turned and closer to the City of Marion. It’s about educating people too. As a taxpayer, I voted for the income tax increase, about bringing more help to the City of Marion. I don’t like the idea it will be paying for County, I rather see it being paid to City rather than County.

Chief Collins said we are not going to give up our piece app; we will be a secondary area. Mrs. Blevins said I’ve been in favor of this all along.

Mr. Ratliff said we can’t tie into monetary decisions that we make here. So I don’t think we should pass an ordinance that does. I would like to make a motion to amend Ordinance 2015-60 under section 2, line 4, to take out patrol and insert the word safety.

            Mr. Thomas 2nd the amendment; Roll call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Blevins, Mr. Smith; NAYS: Mr. Osborn, Mr. Crider, Mr. Daniels.  Ordinance 2015-60 is amended.  Clerk read the title again as amended.

            Mr. Ratliff asked about overtime and timeline. Chief Collins spoke: until we have an agreement reached, the County won’t bring their people over here and have training. Moving this forward, would show the Sheriff office our commitment. The actual time line to move across the street, they are not going to commit their resources, until they see ours. Before January 1. It’s not going to ready by Sept. 1. We can’t throw a switch and have that happen. There is a lot of training; the room has to be completed. We have to put the wheels in motion now to be ready by the end of the year.

            Mr. Daniels made a comment: how long is an exceptional time for someone to get help if they were in a car accident.  It was brought up tonight that this has being going on for 12 years. We have that opportunity tonight. Every time you amend this you bring it back to a first reading. I want to move this forward. The people out there want to talk to one person rather than two with transferring those calls.

            Mr. Osborn moved to suspend, Mr. Cumston 2nd. Roll call: Ayes all.

Motion carried. Mr. Cumston moved to adopt, Mr. Daniels 2nd. Roll call: Ayes all, motion carried. ORDINANCE 2015-60 IS ADOPTED

          

 

NEW BUSINESS:

 

ORDINANCE 2015-56:

ORDINANCE AUTHORIZING AND DIRECTING THE SERVICE DIRECTOR TO PREPARE PLANS AND SPECIFICATIONS, AND ADVERTISE FOR BIDS FOR THE BALLENTINE AVENUE SEWER IMPROVEMENTS, PROJECT 14-2S, IN THE CITY OF MARION, OHIO, AND DECLARING AN EMERGENCY

            Mr. Thomas spoke: This came out of Streets & Sewers with a 3-0 approval. I move to suspend, Mrs. Blevins 2nd. Roll call: Ayes all, motion carried.

            Mr. Thomas moved to adopt, Mrs. Blevins 2nd. Roll call: Ayes all, motion carried. ORDINANCE 2015-56 IS ADOPTED

 

ORDINANCE 2015-57:

ORDINANCE AUTHORIZING AND DIRECTING THE SERVICE DIRECTOR TO PREPARE PLANS AND SPECIFICATIONS, AND ADVERTISE FOR BIDS FOR THE MAIN STREET AND STATE STREET ALLEY SEWER IMPROVEMENTS, PROJECT 15-1S, IN THE CITY OF MARION, OHIO, AND DECLARING AN EMERGENCY

            Mr. Thomas spoke: This came out of Streets & Sewers with a 3-0 approval. I move to suspend, Mrs. Blevins 2nd. Roll call: Ayes all, motion carried.

             Mr. Thomas moved to adopt, Mrs. Blevins 2nd. Roll call: Ayes all, motion carried. ORDINANCE 2015-57 IS ADOPTED

 

ORDINANCE 2015-61:

ORDINANCE APPROVING THE PARTICIPATION TO PURCHASE TWO (2) BUSES FOR MARION AREA TRANSIT THROUGH THE OHIO COOPERATIVE PURCHASING PROGRAM

            Mr. Cumston spoke: This came out of Finance with a 3-0 recommendation for approval, this is a budgeted item, 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 2015-61 IS ADOPTED

 

ORDINANCE 2015-62:

ORDINANCE AUTHORIZING THE CITY AUDITOR TO PAY BILLS FROM GENERAL FUND FOR THE MUNICIPAL COURT DEPARTMENT, AND DECLARING AN EMERGENCY

Mr. Cumston spoke: This came out of Finance with NO recommendation.

Mr. Russell spoke: I ask to go into Executive Session for ORC 121.22 (g)(1) employment of an employee and ORC 121.22 (g)(3) conferences with an attorney. Mr. Cumston moved to go into Executive Session, Mr. Thomas 2nd.

Mr. Ratliff asked to talk about this in public. Everything the judge has is public record.

Roll call for Executive Session: YEAS: Mr. Cumston, Mr. Thomas, Mrs. Blevins, Mr. Smith, Mr. Crider, Mr. Daniels; NAYS: Mr. Ratliff, Mr. Osborn.

 

8:35 PM Council enters into Executive Session.

8:57 PM Counsel reconvenes

 

Mr. Cumston noted that this came out of Finance with no recommendation, after direction with the Law Director, I’ll make an amendment, we recommendation that we follow travel policies of the City of Marion, if they need to be updated, I suggest that be followed.

Mr. Thomas said because the way the ordinance reads, to pay bills that is already appropriated in the court system, there will not be any money taken from the GF. This would have to be authorized by the Judge. If there is a question about that, she is the one responsible. Not you, not anybody else. She is authorizing the payment.

Mr. Sulu Kelley spoke: We had a similar situation with the Renter’s Association, in out last board meeting, give us the documentation and we will pay you.

Mr. Ratliff said our Auditor still doesn’t know who these people are; we have a judge that is not giving information to the Auditor. Auditor Carr said I know they are of a special docket. I don’t have those other names. Mr. Ratliff said if we are going to approve, 50/person to go out to eat, shouldn’t we know who is eating. Mr. Russell said that the court clerk could supply you with the name of the attendees, before you issue the reimbursement. Mr. Russell said it’s to provide training to the personnel, the Veteran’s Treatment Court.

Mr. Daniels 2nd the amendment. Roll call: Ayes all, motion carried.

            Mr. Cumston moved to suspend, Mr. Osborn 2nd. Roll call: YEAS:  Mr. Cumston, Mr. Thomas, Mrs. Blevins, Mr. Smith, Mr. Osborn, Mr. Crider, Mr. Daniels; NAYS: Mr. Ratliff.

            Mr. Cumston moved to adopt, Mr. Thomas 2nd. Mr. Ratliff said he has eaten a lot of meals, but none of them were over $50.00. I cannot sit here and approve what the taxpayers are going to pay.

Roll call for adoption: YEAS:  Mr. Cumston, Mr. Thomas, Mrs. Blevins, Mr. Smith, Mr. Osborn, Mr. Crider, Mr. Daniels; NAYS: Mr. Ratliff.

ORDINANCE 2015-62 IS ADOPTED

 

ORDINANCE 2015-63:

ORDINANCE AUTHORIZING AN ADDITIONAL APPROPRIATION FROM THE GENERAL FUND TO MARION AREA TRANSIT (MAT) AND AUTHORIZING THE AUDITOR TO TAKE ALL  NECESSARY STEPS TO SETUP THE FUNDING FOR THE GRANT MANAGEMENT CONSULTANT, RLS & ASSOCIATES AND AUTHORIZING THE SERVICE DIRECTOR TO ENTER INTO A CONTRACT EXTENSION WITH THE ODOT APPROVED AND IDENTIFIED CONSULTANT AND DECLARING AN EMERGENCY

            Mr. Cumston spoke: this came out of Finance with a 3-0 recommendation for approval, this is an extension with our Transit Consultant that makes us compliant with ODOT, 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 2015-63 IS ADOPTED

 

ORDINANCE 2015-64:

ORDINANCE MAKING AN ADDITIONAL APPROPRIATION IN THE LAND BANK FUND FOR THE YEAR ENDING DECEMBER 31, 2015

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

            Mr. Cumston moved to adopt, Mr. Osborn 2nd. Roll call: Ayes all, motion carried. ORDINANCE 2015-64 IS ADOPTED

 

ORDINANCE 2015-65:

ORDINANCE AUTHORIZING THE SAFETY DIRECTOR TO ENTER INTO A RENEWAL AGREEMENT WITH MEDICOUNT FOR THE CONTINUED PROVISION OF EMERGENCY MEDICAL SERVICES BILLING PROGRAM AND DECLARING AN EMERGENCY

            Mr. Cumston spoke: 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 2015-65 IS ADOPTED

 

ORDINANCE 2015-66:

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 spoke: this came out of Finance with a 3-0 recommendation for approval; these PO’s were late, 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 2015-66 IS ADOPTED

 

Matters not on the Agenda:

 

Mr. Russell spoke on the Marion Land Bank Sale which will be held on Tuesday, July 28, 2015 @ 10:30 a.m. in the Lobby of City Hall.

 

Mayor Schertzer spoke of the 50th Anniversary of the Senior Center. 1965 the Center started in the City of Marion.

          

COMMITTEE DATES:

 

Finance                       7/21     @ 6:30pm

Legislation Codes       7/21     @ 6:40 pm Liquor Permit

 

          

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

 

 

                                                                        ____________________________                                                                            Dave Edwards                                                                                                             President of Council

_________________________        

Clerk of Council