March 14, 2016 Summary

MARION CITY COUNCIL MEETING

 

 

City Hall – Council Chambers on March 14, 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 TOM TONEY OF FAMILY LIFE CHURCH

 

PLEDGE OF ALLEGIANCE

 

Summary of Proceedings for February 22, 2016, Mr. Cumston moved, Mr. Thomas 2nd. Roll call: Ayes All, motion carried. Summary is approved.

 

Mr. Cumston also wanted to add a Resolution this evening for an appointment with the Health Department, Mr. Thomas 2nd. Roll call: Ayes all, motion carried.

 

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, we want an amendment this evening by changing the amount to $1,000.00, Mr. Daniels 2nd. Mr. Daniels said the original amount was 5,000, people have wanted their water tested. We are finding support, it’s only $10.00 for lead test. If we wanted to do the 100 testing that’s the $10.00.

          Roll call for amendment: Ayes all, motion carried.

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

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

          Mr. Sulu Kelley 365 E. Farming spoke: Happy to hear that you lowered it to $1,000.00. Water mailed in – quart of water is 2 lbs. – 6.00 – now $16.00 test. That doesn’t get the water there in time, they need it the next day. Next day is more money. This whole thing doesn’t add up.

          Mr. Daniels said I didn’t say any of that. The test has a shelf life of 6 months. 15 parts per billion is an actionable level. Anyone can deliver it. The final result has to be verified by the EPA.

          Mr. Osborn said he is in favor of this, just to see that our water is in good quality, but we still don’t have a plan, this ordinance is just an appropriation. I have concerns. You already have that in the water company that they do this.

          Mr. Cumston said it’s purely for educational purposes. We’ll take on any issue good or bad. I think it’s good for us to talk about this, be educational and environmental safe. The better we take care of ourselves, the better we are. I don’t have an axe to grind with the water company, they are good people. Get tested for 10.00.

          Mr. Ratliff said first – the important issue to find out – the water is tested via EPA at Alloway. Take more water to Alloway is duplicating everything that is done. Also we test the water at our distribution plant twice. The water is fine. There are tons of tests taking at the water company. A lead test is not the only one taken. We are only questioning one. If you want the water tested, go out and do it, it’s only $10.00.

          Mrs. Cunningham said we don’t really have a plan in this. People have come to me and said the money can be used in other areas in Marion, that is my concern.

          Mrs. Blevins said I do agree with Mr. Ratliff. Mr. Ballenger and Roger – they know what they are doing, I wouldn’t know what to do. I’m going to vote no, it’s not because of the money, I think they have integrity. Mr. Norris said when I said do what the people want, I think the water is safe.

          Mr. Daniels said I don’t think we live in a community that everyone trusts a large industry. Some are skeptical. I have no reason for you to be distrustful, Scott. Aqua is not Scott Ballenger. I have faith in you. Will call this to a vote.

          Mrs. Cunningham, how did this process get started, where did this come from? Mr. Daniels it started with a conversation with Scott Ballenger and had a person in my properties that was tested, it tested no lead. The brown water came from somewhere, they never got to the bottom of it. Brown is probably iron.

          Mr. Thomas said he is not voting on this, spend the 1000 someplace else.

          Mr. Osborn wants to call someone from the audience, the Health Commissioner.

          Mr. Tom Quade, 367 Harding Center. My position has not changed, still have not received anything from the Health Dept. As a tax payer I would not invest in.

          Charlie Blevins 220 Blaine Ave. spoke about the history of lead. Our water company has done a very good job in testing. All of the locations we hear in the news, they are owned by the local government. As a community we work hard to bring industrial to this community. When Nucor had issues, we went over there and took samples, we need to support our local businesses.

          Rita Large, 557 Wood St. spoke: I always wanted my water tested, it smells. I don’t like it. It doesn’t taste good.

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

ORDINANCE 2016-16 IS NOT 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. Mr. Russell emailed out some additional information, I’ll ask for a 2nd reading this evening. Ms. Blevins questioned about the literature, I did not receive it.

Mr. Russell spoke:  I did more research from last meeting. 9481 and 735.01 do not conflict with one another. I urge each council person to read the email. It would not violate the ORC or case law under these sections.

Mr. Osborn asked 2016-18 and 19 – both make references to 737.01 – 735 I believe is the Service Director. Mr. Russell said they both shouldn’t reference 737.01, and I’ll work with the clerk this week and correct that with hard copies in your mailbox. One should read 737.01(Safety Dir) 735.01 (Service Dir) or vice a versa.

Mr. Osborn said the current reading says that the provision for the residency required in the State code has been waived and the director shall reside in the County, if you delete that entire section, as you want to do, to me then, to me then, it would fall back to the ORC as the driving force.

Mr. Russell said there hasn’t been no proposal to amend the ordinance to provide a provision to not eliminate it in its entirety. There is a recognition, that the proposal would be Marion County or an adjacent county. The ORC or case law would allow us to do that. Council member or administrator between now or the next meeting to replace the provision that was stricken. Mr. Osborn said I think you’re not accomplishing what you want. Mr. Russell said we may not be accomplishing what we want to accomplish.

Mr. Ratliff said would you want this passed tonight. Mayor Schertzer said we are fine. I’m not working with anybody right now, Mr. Robbins is on vacation right now.  We will make do. What I have done, I have talked to City Engineer to pick up some of the other duties in the job description. We’ll make do, thank you for asking.

Mrs. Gustin said in Section 2, the Service Director to include outlaying county residency. That could include any county, not just the adjoining counties.

Mr. Russell said we have additional clerical to make. Section 2 is primarily for an ER paragraph. So I agree with you, some grammar to correct, you’ll see Section 1 and Section 2, admitting the directors to reside in the Marion County or an adjacent county. Mrs. Gustin said you do agree, to say adjoining county.  ORDINANCE 2016-18 HAS RECEIVED ITS SECOND READING.

 

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, we’ll have a 2nd reading on this with the discussion we had tonight.  ORDINANCE 2016-19 HAS HAD ITS SECOND READING

 

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 2nd reading tonight. (Public hearing on March 28, 2016) ORDINANCE 2016-23 HAS HAD ITS 2nd READING AS AMENDED

 

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 public hearing tonight.

Public Hearing is now opened:  Evie Cummings – city and joint county housing grant. The proposed projects are home repair; rental repair; owner occupied home rehab; and then rental rehab. The application is due May 1, 2016 to the State of Ohio. Mrs. Blevins asked how much is the landlord responsible for. Mrs. Cummings said for the rental rehab it usually goes 50/50. Mr. Norris asked how to people get the application. Mrs. Cummings said at Regional Planning.

Close of the Public Hearing.

Mr. Ratliff moved to suspend, Mr. Thomas 2nd. Roll call: Ayes all, motion carried. Mr. Ratliff moved to adopt, Mr. Thomas 2nd. Roll call: Ayes all, motion carried. ORDINANCE 2016-27 IS ADOPTED

 

NEW BUSINESS:

 

ORDINANCE 2016-29:

ORDINANCE AUTHORIZING THE CITY AUDITOR TO APPROPRIATE FUNDS IN THE AIRPORT IMPROVEMENT FUND NEEDED FOR CONSTRUCTION OF AIRPORT ENTRANCE DRIVE AND FAA REQUIRED WILDLIFE STUDY AT THE MARION MUNICIPAL AIRPORT NOT COMPLETED IN FY 2015, and declaring an emergency

          Mr. Cumston said this came out of Finance with a 2-0 recommendation, motion to suspend, Mr. Daniels 2nd. Roll call: Ayes all, motion carried.

          Mr. Cumston moved to adopt, Mr. Daniels 2nd. Roll Call: Ayes all, motion carried. ORDINANCE 2016-29 IS ADOPTED

 

ORDINANCE 2016-30:

ORDINANCE AUTHORIZING THE SAFETY DIRECTOR TO APPLY FOR FAA FY 2016 GRANT FUNDS AND OHIO DEPARTMENT OF TRANSPORTATION GRANT FUNDS, ADVERTISE FOR BIDS AND ENTER INTO CONTRACT FOR CRACK SEALING, JOINT REPAIR OF RUNWAY 13/31, TAXIWAYS, AND TERMINAL BUILDING DESIGN ON PROJECT #24 AT THE MARION MUNICIPAL AIRPORT AND DECLARING AN EMERGENCY

Mr. Cumston said this came out of Finance with a 2-0 recommendation, this is another FAA Grant with matching funds, motion 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 2016-30 IS ADOPTED

 

ORDINANCE 2016-31:

ORDINANCE TO LEVY A MUNICIPAL MOTOR VEHICLE LICENSE FEE PURSUANT TO SECTION 4504.172, OHIO REVISED CODE

          Mr. Thomas noted that this came out of Streets & Sewers with a 3-0 recommendation for approval. In section 2 it says tax hall be at the rate of $5.00 that came out of committee at $10.00. All of this money will go directly to the Streets & Sewers, it will raise somewhere around $250,000.00. All of it will go towards the streets – the resurfacing. We are now starting to do the sealing, resurfacing, if we can’t do the maintenance, we’ll lose about 5 years in the street. We really need to maintain our streets. Mr. Gray asked about the fee – will it be 10.00 or 15.00. Mr. Thomas said it would be $15.00.

          Mr. Russell said at the header it should read: SECTIONS 4504.171 and; In Section 1 before the word annual insert the word additional; take out on the second line of Section 1 4504.17; In Section 2, the $5.00 should read as $10.00.

          Mr. Thomas moved to amend, Mr. Osborn 2nd. Discussion:

Mr. Sulu Kelley inquired each $5.00 was its own licensed fee, should it be separated. Mr. Russell said as long as you go back to the authority it is fine. It says a total of. Mr. Thomas moved to amend, Mrs. Gustin 2nd. Roll call: Ayes all, motion carried. ORDINANCE 2016-31 HAS BEEN AMENDED AND HAS HAD ITS FIRST READING

 

ORDINANCE 2016-32:

ORDINANCE AUTHORIZING AND DIRECTING THE SAFETY DIRECTOR TO PREPARE SPECIFICATIONS AND ADVERTISE FOR BIDS FOR THE PURCHASE OF TWO (2) COMPACT PASSENGER VANS WITH HANDICAP ACCESSIBILITY FOR THE SENIOR CENTER, AND DECLARING AN EMERGENCY

          Mr. Cumston said this came out Finance with a 2-0 recommendation for approval, motion to suspend, Mrs. Blevins 2nd. Roll call: Ayes all, motion carried.

          Mr. Cumston moved to adopt, Mrs. Blevins 2nd. Roll call Ayes all, motion carried. ORDINANCE 2016-32 IS ADOPTED

 

ORDINANCE 2016-33:

ORDINANCE AUTHORIZING AND DIRECTING THE SAFETY DIRECTOR TO ENTER INTO CONTRACT FOR THE PURCHASE OF ONE MANITOU MT 1840 TELESCOPIC MATERIAL HANDLER FROM APPLE FARM SERVICE INC. THE MACHINE WILL BE UTILIZED  AT THE WATER POLLUTION CONTROL PLANT AND DECLARING AN EMERGENCY

Mr. Thomas said this came out Streets & Sewers with a 3-0 recommendation for approval, motion 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 2016-33 IS ADOPTED

 

ORDINANCE 2016-34:

ORDINANCE AUTHORIZING THE SAFETY DIRECTOR TO ENTER INTO CONTRACT WITH MATHEWS FORD MARION, INC. FOR THE PURCHASE OF FOUR (4) MARKED POLICE VEHICLES FOR THE POLICE DEPARTMENT AND ONE (1) MARKED FIRE COMMAND VEHICLE FOR THE FIRE DEPARTMENT, AND DECLARING AN EMERGENCY

Mr. Cumston said this came out Finance with a 2-0 recommendation for approval, motion 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 2016-34 IS ADOPTED

 

RESOLUTION 2016-11:

RESOLUTION CONSENTING TO THE RE-APPOINTMENT, BY THE MAYOR, OF ROB LILL TO SERVE AS THE MEMBER REPRESENTING ENTITIES REGULATED BY THE HEALTH DISTRICT OF THE MARION COUNTY GENERAL HEALTH DISTRICT

            Mayor Schertzer spoke: The seventh person comes from the Health Dept. Licensing Council. The health Dept did away with this Council. Under the new agreement, Mr. Lill’s term has expired, because he is a county resident, the new agreement we alternate years from a County to a City Person. This one snuck up on me and got a call from Director Quade on this. Because Mr. Lill is not a city person, the language reads as a 1 year term, in such time we find a city resident to fill that position. Mr. Lill does have experience on the Health Dept. he was on the County Health when we merged. I’m asking for Council consideration.

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

            Mr. Cumston moved to adopt, Mr. Osborn 2nd. Mr. Thomas said this is for one year, at the end of that year, it will be filled by someone in the City. Mayor said yes. Mr. Quade said the Board of Health is very much behind this.

Roll call for adoption: Ayes all, motion carried. RESOLUTION 2016-11 IS ADOPTED

 

Items not on the Agenda:

 

Mr. Osborn asked Mr. Russell about 2016-19 (couldn’t hear)…the changes….Mr. Russell said we are going to insert the section of residency of county. It will be the first reading.

 

        

COMMITTEE DATES:

 

Finance                   3/22    @ 6:30 pm

Legislation Codes    3/22    @ 6:45 pm

Regional Planning    4/20    @ 7:00 pm    County Building

 

Mr. Thomas asked Mr. Daniels what the agenda is for Legislation Codes. Mr. Daniels said he does not have it written up.

                  

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

 

                                                            ____________________________                                                            Dr. Scot Gray                                                                                          President of Council

_________________________  

Clerk of Council