February 22, 2016 Summary

MARION CITY COUNCIL MEETING

 

 

City Hall – Council Chambers on February 22, 2016, 7:30 PM

 

ROLL CALL - 10 members answered – Mr. Cumston, Mr. Thomas, Mrs. Blevins, Mrs. Cunningham, Mr. Osborn, Mr. Norris, Mr. Daniels, Mrs. Gustin, Dr. Gray.

 

PRAYER LED BY PASTOR JASON QUAST OF FAMILY LIFE CHURCH

 

PLEDGE OF ALLEGIANCE

 

Summary of Proceedings for February 8, 2016, and special meeting of February 16, 2016, Mr. Cumston moved, Mr. Thomas 2nd. Roll call: Ayes All, motion carried. Summaries are approved.

 

OLD BUSINESS:

ORDINANCE 2016-16:

ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND TO PROVIDE FOR WATER TESTING BY CITY RESIDENTS AT THEIR TAPS OF THE AQUA OHIO WATER PRODUCT FOR THE YEAR ENDING DECEMBER 31, 2016

            Mr. Cumston stated that this came out of Finance with a 2-1 approval, this will be the 2nd reading tonight. The amount won’t be as much, we’ll be coming up with a sampling criteria as well. Any more questions this week, let us know.

            Mr. Sulu Kelley, 365 E Farming spoke: In all my years coming to Council, this ordinance feels like its being pushed on us. The ordinance was written very vague, we need more time before you vote on it. $10.00/test, your appropriating 5000 for 100 tests – that makes it $50.00 test. I went to Alloway today and got a strange response about this. I want to make Council aware when water testing samples go in there, because it’s a legally verifiable evidence for Court, chain of custody, signed in, I expect it to be public record since the City is paying for it. I’ll be asking for those records, something doesn’t feel right about this whole thing.

            Ms. Cunningham said she doesn’t have a issue with the water, I give it to my children. I want to make sure that if this is what the public wants. $1000 for the testing, 4000 for the education, I feel it’s a waste of money.

            Mr. Daniels said we knew what the cost of the testing was, what was the cost of the administering it, possible the Health Dept helping us out. I have 150 houses ready for testing. I spoke with Ralph about this, we are not going to have the administrative cost of $4,000.00. If you choose to amend, I think we are looking at the 1000.00 for testing. But I don’t think administering this is going to be a costly issue. It’s not 50.00 test – It’s 10.00. Ask the landlords, they have nothing to worry about, I test my own. Plastic service line, plastic plumbing in your house, you don’t have an issue. 1 sample I did was higher than the highest test. I found one at 1.4 still less than 15 parts per billion action level of the EPA. It was a sample test of 4. Those results were here, there is a chain of custody and it’s verifiable. That particular unit is the one unit that I own that didn’t have a new service line. It has an old galvanized line with copper plumbing with lead solder. Idon’t think you’re getting back 50% of the test erroneous or a high level of lead, but you didn’t get that in Flint either. We aren’t going to spend $5000.00 on this. I’ll make sure they are delivered and mailed to Alloway, nobody can say that anyone tampered with the sample, it goes directly to the testing site.

            Ms. Blevins said I going to vote no on this matter. I think we as a City have to choose to trust people, I trust Scott, Roger. They both said nothing was bad with the water. I drink the water. We don’t need to waste the money.

            Mr. Tom Quaid, Marion Public Health Commissioner, 267 W Center St spoke: You’re looking to find something, what you want to do, write down those places, you’re likely to find it. You’re looking for those properties with the copper plumbing with the lead solder. So far, the Health Dept has not been asked to help with this plan. What we would do is to design a plan for this testing, but it’s exactly what Aqua is doing already for those places. Public Health science prospective, I would not change Aqua’s testing. If Council would vote to spend money to do the same thing, I would design the same program. All you are doing is the same thing. The return on that investment is worth the investment.

            Mr. Cumston said how much lead is safe? Mr. Quaid said no level is safe. Mr. Cumston said the EPA is thinking of changing this. Aqua does testing each year with the same 30 houses. Why is everyone scared to do a little testing? If we are so confident, what are we worried about. All communities across the US are concerned. Mr. Quaid said the broader research on lead poisoning – same process, lead chips and water. If you were to expand the research on the exposure to lead, it’s not even close to lead paint on the children. As a Stewart of public resources, evaluating the return on surveillance and screening, look to where you know where those risks are. Public dollars in the screening process, you much more likely get a better return on the investment in screening those persons with lead paint rather than water. Mr. Cumston said the reading is very difficult, what happens with it, it’s very complicated. It’s just not all the older homes too. My point is that they can be wrong. Why wouldn’t we want to know? Mr. Quaid said between Flint and this body, we are interested in identifying a risk than hiding it. In Flint, it was hidden. Mr. Cumston said I don’t believe they are hiding anything. I just don’t think 30 homes is big enough. I think the residences should know, how they treat it, the chemicals, the PH. Mr. Quaid said you can have lead one month, but not the next.

            Mr. Daniels said – the fox guarding the hen house, comfort with someone rather than the water company sampling the water. Mr. Quaid said it’s the homeowners doing the testing. Mr. Daniels said they choose the addresses, it’s their service man that drops off the bottle. They pick up the sample, from there to Alloway it’s delivered. Does it go directly to Alloway? We don’t know. Mr. Daniels said water, electric and gas are monopolies, they don’t feel the force of competition. Government and utilities bad things happen. Private companies are responsible to their shareholders. Mr. Quaid said he is not an expert in private utilities.

Mr. Daniels said test it. Why do we have three meeting with such opposition? Why is people afraid to test the water? Mr. Quaid said I think it’s the 5000 the Council wants to spend on it. I don’t have a problem, from a public health, evidence base prospective, I don’t own any stock in the water company, and is responsible for person’s health, would rather you spend 5000 for the protection of the population.

            Mr. Ratliff said from the very start until now, the process that was taken, the public statements, and no amount of testing in the world undo some of the damage that has been done. There is damage that has been done in this community for people that are looking to buy houses, going to schools, people looking to eat in Marion, this can only get worse. Public Officials that vote yes on this, question everything in Marion. It’s a bold statement, and a wrong statement for this City Council to make. This is how I feel about this entire process up to now.

ORDINANCE 2016-16 HAS HAD ITS 2nd READING

 

Mr. Ratliff moved to add Ordinances that came out of Committee tonight: 2016-23, 24, 25, 26, & 28; Mr. Thomas 2nd, Mr. Cumston 3rd. All Ordinances are added to tonight’s agenda.

 

NEW BUSINESS:

RESOLUTION 2016-09:

RESOLUTION WHEREBY THE CITY OF MARION AGREES TO PROVIDE FIRE PROTECTION, 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 SOUTH OF THE CITY OF MARION, CONTAINING 8.568 ACRES, AND DECLARING AN EMERGENCY

            Ms. Gustin stated that this came out of Zoning & Annexation with a 3-0 approval, this is an issue that needs to be passed tonight, I would like to call upon Mr. Russell to explain.

Law Director Russell stated that this is the start of the annexation. 20 day window for the commissioners – provide the services listed in the ordinance. It is actually the parking lot that would be annexed in.

Mr. Osborn moved to suspend, Ms. Gustin 2nd. Roll call: Ayes all, motion carried.

Ms. Gustin moved to adopt, Ms. Cunningham 2nd. Roll call: Ayes all, motion carried. RESOLUTION 2016-09 IS ADOPTED

 

RESOLUTION 2016-10:

RESOLUTION CONFIRMING THE APPOINTMENT OF ROBERT SANNER TO SERVE AS THE FIFTH MEMBER OF THE BOARD OF DIRECTORS OF THE MARION PORT AUTHORITY

Mayor Schertzer spoke: Many of the Council members know Mr. Bob Sanner, he has sat on many boards already. Regional Planning. This appointment is a joint apt. between the County Commissioners and the City. I ask you to do this tonight.

Mr. Ratliff moved to suspend, Mr. Cumston 2nd. Roll call: Ayes all, motion carried.

Mr. Cumston moved to adopt, Mr. Ratliff 2nd. Roll call: Ayes all, motion carried. RESOLUTION 2016-10 IS ADOPTED

 

ORDINANCE 2016-17:

ORDINANCE RE- APPROPRIATING FUNDS IN THE SCMR FUND FOR A BUCKET TRUCK PURCHASED IN 2015 BUT NOT RECEIVED UNTIL 2016 FOR THE YEAR ENDING DECEMBER 31, 2016

            Mr. Cumston stated that this came out of Finance with a 3-0 recommendation for approval, I’ll move to suspend, Mr. Norris 2nd. Roll call: Ayes all, motion carried.

            Mr. Cumston moved to adopt, Mr. Thomas 2nd. Roll call: Ayes all, motion carried. ORDINANCE 2016-17 IS ADOPTED

 

ORDINANCE 2016-18:

ORDINANCE AMENDING ORDINANCE 2007-108 REGARDING THE RESIDENCY REQUIREMENT (SECTION 5) FOR THE SERVICE DIRECTOR POSITION, AMENDING THE YARGER REPORT AND DECLARING AN EMERGENCY

            Mr. Cumston noted that this came out of Municipal Services with no recommendation, everybody should have an attachment from the Law Director on letting the Safety and Service Directors live in contiguous counties under ORC Section 9.481. I’ll make the motion to amend, Mr. Thomas 2nd. Roll call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Ms. Blevins, Ms. Cunningham, Ms. Gustin; NAYS: Mr. Osborn, Mr. Norris, Mr. Daniels.

            Ordinance 2016-18 is amended. Mr. Osborn asked what the difference is on 735.01 – public service to live in the municipality unless changed by city ordinance. Mr. Russell suggested to have the first reading on this ordinance, so as we can examine 9.481 which is the latest adoption of ORC, and by the 2nd reading, I’d have an answer for Mr. Osborn.

            Mr. Cumston said I’d ask for a 1st reading this evening. ORDINANCE 2016-18 HAS HAD ITS FIRST READING AS AMENDED.

 

ORDINANCE 2016-19:

ORDINANCE AMENDING ORDINANCE 2007-107 REGARDING THE RESIDENCY REQUIREMENT (SECTION 5) FOR THE SAFETY DIRECTOR POSITION, AMENDING THE YARGER REPORT AND DECLARING AN EMERGENCY

            Mr. Cumston noted that this came out of Municipal Services with no recommendation, I’d like to amend this with Section 9.481, Mr. Thomas 2nd. Roll call: Roll call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Ms. Blevins, Ms. Gustin; NAYS: Ms. Cunningham, Mr. Osborn, Mr. Norris, Mr. Daniels.

            ORDINANCE 2016-19 HAS HAD ITS FIRST READING AS AMENDED

 

ORDINANCE 2016-20:

ORDINANCE MAKING AN APPROPRIATION TO THE PARKS FUND FROM THE GENERAL FUND FROM DONATED MONIES FOR THE YEAR ENDING DECEMBER 31, 2016

Mr. Cumston stated that this came out of Finance with a 3-0 recommendation for approval, I’ll move to suspend, Mr. Daniels 2nd. Roll Call: Ayes all, motion carried.

Mr. Cumston moved to adopt, Mr. Osborn 2nd. Roll call: Ayes all, motion carried. ORDINANCE 2016-20 IS ADOPTED

 

ORDINANCE 2016-21:

ORDINANCE AUTHORIZING THE SAFETY DIRECTOR TO PREPARE SPECIFICATIONS AND ADVERTISE FOR BIDS FOR THE PURCHASE OF TWO (2) MARKED POLICE VEHICLES AND ONE (1) MARKED FIRE COMMAND VEHICLE TO BE USED BY THE FIRE DEPARTMENT AND DECLARING AN EMERGENCY

            Mr. Cumston stated this came out of Finance with a 3-0 recommendation for approval, we’ll amend this S&B for 4 marked vehicles, and 1 command vehicle. Mr. Osborn 2nd. Roll call: Ayes all, motion carried.

ORDINANCE 2016-21 IS AMENDED

            Mayor Schertzer spoke: after the discussion of last week’s Finance, we found more money in the 2016 budget to purchase 2 more cars. Mr. Thomas said that money is coming out of the Police Dept. Mayor said that is correct, within the Police Dept.

            Mr. Cumston moved to suspend, Mr. Norris 2nd. Roll call: Ayes all, motion carried.

            Mr. Cumston moved to adopt, Mr. Norris 2nd. Roll call: Ayes all, motion carried. ORDINANCE 2016-21 IS ADOPTED

 

ORDINANCE 2016-22:

ORDINANCE AUTHORIZING THE SAFETY DIRECTOR TO PURCHASE ONE RECYCLING TRUCK THROUGH THE ODOT COOPERATIVE PURCHASING PROGRAM TO BE USED IN THE SANITATION DEPARTMENT, AND DECLARING AN EMERGENCY

            Mr. Cumston stated this came out of Finance with a 3-0 recommendation for approval, this is through the State Purchasing Program, it’s a capital line item, I’ll make a motion to suspend, Mr. Osborn 2nd. Roll call: Ayes all, motion carried.

            Mr. Cumston moved to adopt, Mr. Norris 2nd. Roll call: Ayes all, motion carried. ORDINANCE 2016-22 IS ADOPTED

 

ORDINANCE 2016-23:

ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF MARION, BY REZONING 225 EAST BARKS ROAD FROM AN R-1A (SINGLE FAMILY DISTRICT, LOW DENSITY) TO C-2 (COMMUNITY SHOPPING DISTRICT),  (Applicant, the Kroger Company)

            Ms. Gustin stated that this came out of Zoning & Annexation with a 3-0 approval, I’ll ask for a 1st reading tonight. Law Director Russell said Mr. Rinehart is here on behalf of the Kroger Company. One thing that we ask if Council would add an ER division. March 28 would be the public hearing, they need to have this under way right away with the Mayor’s signature. This is just a residential lot. Mr. Lengieza said there shouldn’t be a ER clause on the Zoning. I don’t know how you can put an ER on a Zoning. Mr. Russell said my suggestion would be to add it, and amend it if need be with the law. We still would have all three readings.

            Mrs. Gustin moved to amend to add the ER clause this evening, subject to change later on with the law, Ms. Cunningham 2nd. Roll call: Ayes all, motion carried. ORDINANCE 2016-23 HAS HAD ITS 1ST READING AS AMENDED

 

ORDINANCE 2016-24:

ORDINANCE AUTHORIZING AND DIRECTING THE SAFETY DIRECTOR TO ENTER INTO CONTRACT WITH POGGEMEYER DESIGN GROUP, INC. FOR THE ENGINEERING AND DESIGN OF THE GEORGE STREET SEWER IMPROVEMENTS, PROJECT 16-1S FOR THE CITY OF MARION, OHIO, APPROPRIATING NECESSARY FUNDS, AND DECLARING AN EMERGENCY

            Mr. Thomas stated that this came out of Streets & Sewers with a 3-0 recommendation for approval, this is the design for the George Street Improvement. The actual money for the construction for this is after July 1, this will get the design ready, I’ll move to suspend, Ms. Blevins 2nd. Roll call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Ms. Blevins, Ms. Cunningham, Mr. Norris, Mr. Daniels, Ms. Gustin; NAYS: Mr. Osborn.

            Mr. Thomas moved to adopt, Ms. Blevins 2nd. Roll call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Ms. Blevins, Ms. Cunningham, Mr. Norris, Mr. Daniels, Ms. Gustin; NAYS: Mr. Osborn.

            Mr. Osborn asked if this is under the long-term control plan. Mr. Roger Baldinger, WWTP spoke: this is not under the long-term plan. This is maintenance, this sewer line is collapsed. Mr. Osborn said the long term control plan is coming within the month. Roger said we have an extension on that, it would be on May the 2nd. Roger said that the long-term control plan would not recognize routine maintenance. Mr. Osborn said I’m glad you clarified that.

 

ORDINANCE 2016-25:

ORDINANCE AUTHORIZING AND DIRECTING THE SAFETY DIRECTOR TO ENTER INTO CONTRACT WITH HULL & ASSOCIATES, INC.  FOR THE ENGINEERING AND DESIGN OF THE S. GREENWOOD STREET SEWER IMPROVEMENTS, PROJECT 16-2S FOR THE CITY OF MARION, OHIO, APPROPRIATING NECESSARY FUNDS, AND DECLARING AN EMERGENCY

Mr. Thomas stated that this came out of Streets & Sewers with a 3-0 recommendation for approval, this for the S. Greenwood St sewer improvement plan. These are Issue 1 projects also, I’ll move to suspend, Ms. Blevins 2nd. Roll call: Ayes all, motion carried.

Ms. Blevins moved to adopt, Mr. Thomas 2nd. Roll call: Ayes all, motion carried. ORDINANCE 2016-25 IS ADOPTED

 

ORDINANCE 2016-26:

ORDINANCE AUTHORIZING AND DIRECTING THE SAFETY DIRECTOR TO ENTER INTO CONTRACT WITH DLZ, INC. FOR THE ENGINEERING AND DESIGN OF THE BELMONT STREET SEWER IMPROVEMENTS, PROJECT 16-3S FOR THE CITY OF MARION, OHIO, APPROPRIATING NECESSARY FUNDS, AND DECLARING AN EMERGENCY

Mr. Thomas stated that this came out of Streets & Sewers with a 3-0 recommendation for approval, this for the Belmont St sewer improvement plan, I’ll move to suspend, Ms. Blevins 2nd. Roll call: Ayes all, motion carried.

Ms. Blevins moved to adopt, Mr. Thomas 2nd. Roll call: Ayes all, motion carried. ORDINANCE 2016-26 IS ADOPTED

 

ORDINANCE 2016-27:

ORDINANCE TO ESTABLISH A MODERATE AND LOW INCOME HOUSING REHABILITATION PROGRAM THROUGH THE STATE OF OHIO COMMUNITY HOUSING IMPROVEMENT PROGRAM (CHIP), TO AUTHORIZE THE MAYOR AND THE MARION CITY ECONOMIC DEVELOPMENT AND PLANNING COMMISSION TO APPLY FOR, ADMINISTER, THE TOTAL GRANT ON BEHALF OF THE CITY AND THE COUNTY AND DECLARING AN EMERGENCY

            Mr. Ratliff stated that this came out of Jobs & Economic Development with a 3-0 recommendation, I’ll ask for a 1st reading tonight. This is to partner with the County for home rehab. We will have a public hearing on March 14.             ORDINANCE 2016-27 HAS HAD ITS FIRST READING

 

ORDINANCE 2016-28:

ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE ANY NECESSARY DOCUMENT TO REVISE THE PROVISION IN THE PREVIOUSLY ADOPTED MANAGEMENT EXPANSION TIF AS TO VALUATION CHALLENGES GIVEN CURRENT CASE LAW AND DECLARING AN EMERGENCY

            Ms. Gustin stated that this came out of Zoning & Annexation with a 3-0 recommendation for approval, I would like Mr. Russel speak on this.

            Mr. Russell said the Management Expansion TIF Agreement was adopted in 2006, there was a challenge in the Courts. The community can no longer inhibit the construction of a retail store, prohibit them the valuation applied to the store after construction. We are just removing that language to the 2006 Agreement, of which it would benefit all parties here.

            Ms. Gustin moved to suspend, Mr. Daniels 2nd. Roll call: Ayes all, motion carried. Mr. Cumston said I agree with everybody’s right for a valuation. Does the municipality, body of government agree for the shortfall? Mr. Russell said there would be letters of credit that happened with the Delaware Ave TIF, there was a shortfall. The developer picks it up. What we would do, be conservative with the values for the service payments. Developers should realize that there will not much money available. Mr. Daniels gave his analogy on TIF.

            Ms. Gustin moved to adopt, Mr. Daniels 2nd. Roll call: Ayes all, motion carried. ORDINANCE 2016-28 IS ADOPTED

 

Items not on the Agenda:

            Mr. Norris wanted to congratulate on the Police Dept. on picking up more of the drugs off the street, now is a time to make an example of persons with the Courts.

 

COMMITTEE DATES:

 

Finance                       3/7       @ 6:30 pm

Regional Planning      2/24    @ 7:00 pm     County Building        

Streets & Sewers      3/7       @ 6:45 pm     Permissive Auto Tax

          

            With no further business to come before Council, Dr. Gray adjourned the meeting.