May 9, 2016 Summary

MARION CITY COUNCIL MEETING

 

 

City Hall – Council Chambers on May 9, 2016, 7:30 PM

 

ROLL CALL - 8 members answered – Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Blevins, Ms. Cunningham, Mr. Norris, Mr. Daniels, Mrs. Gustin (Ward 6 is OPEN); Dr. Gray is absent.

 

PRAYER LED BY PASTOR QWAST FROM FAMILY LIFE CHURCH

 

PLEDGE OF ALLEGIANCE

 

Summary of Proceedings for April 25, 2016, Mr. Cumston moved, Ms. Blevins 2nd. Roll call: Ayes All, motion carried. Summary is approved.

 

OLD BUSINESS:

 

ORDINANCE 2016-36

ORDINANCE CREATING MARION CITY CODE CHAPTER 1112 TITLED DOWNTOWN BUSINESS DISTRICT SIDEWALK USE REGULATIONS, CREATING REGULATIONS FOR THE TEMPORARY USE OF SIDEWALKS CURRENTLY CODIFIED IN CHAPTER 660 HEALTH, SAFETY AND SANITATION, as amended

          Mr. Daniels stated that this came out of Codes with a 3-0 approval to send onto Council, this will be its 3rd reading, I make the motion to adopt, Mr. Norris 2nd.

Discussion: Mayor Schertzer said it did come out of City Planning unanimously. There was a discussion on appeals. 5’ is ADA compliance, and have a appeals on the 5’. We would be liable as the City if we did that. Normally we’d want one, but not at this stage of the game. Mr. Thomas said there is no appeals process then. Mayor said no.

          Ken Lengieza spoke: With this situation some people would have temporary chairs in different locations, others would want permanent barriers. Which any way is done, you’d have to have 5’ clearance. Each property would have to be evaluated. Next store, they need to remove the temporary planters, that would help get the 5’ clearance. Instead of a big table, would to have a bar – a long table with seating. This would also apply to winter – somebody that wants to put up a temporary vestibule during the winter time. Mrs. Gustin said each situation would be looked and you’d make some suggestions of what they can do. Ken said yes. This falls under the planning and zoning chapter, but not under the “Zoning Code”, it’s public property, not private. Ken mentioned that there would not be able to throw up a tarp on their front door.  The Design Review Board would have to approve it. Mrs. Blevins asked about the 5’. You put the table up and you still have to have 5’ around it? Ken said yes, the railed in area for some places. Sidewalk may be 12’ but there are signs, fire hydrants, poles. You have to look at how much you have, the City Zoning and Compliance Officer would get it and bring it to Evelyn and look at the plans and see if it’s OK.

Roll Call for adoption: Ayes all, motion carried. ORDINANCE 2016-36 IS ADOPTED

         

ORDINANCE 2016-39:

ORDINANCE TO AMEND ORDINANCE NO. 1969-29 (KNOWN AS THE YARGER REPORT) BY UPGRADING THE JOB POSITION OF THE ADMINISTRATIVE ASSISTANT FOR THE SAFETY DIRECTOR

          Mr. Cumston noted that this came out of Municipal Services with a 2-0 approval, this just changes the grade change from 19 to 20. It’s .38. I’ll move to suspend; Ms. Blevins 2nd. Roll call: Ayes all, motion carried.

          Mr. Cumston moved to adopt, Ms. Blevins 2nd. Roll call: Ayes all, motion carried. ORDINANCE 2016-39 IS ADOPTED

 

ORDINANCE 2016-40:

ORDINANCE TO AMEND ORDINANCE NO. 1969-29 (KNOWN AS THE YARGER REPORT) BY UPGRADING THE JOB POSITION OF THE ADMINISTRATIVE ASSISTANT FOR HUMAN RESOURCES

Mr. Cumston noted that this came out of Municipal Services with a 2-0 approval, this is the Administrative Assistant for the Human Resources, it just like the previous ordinance. I’ll move to suspend; Ms. Blevins 2nd. Roll call: Ayes all, motion carried.

Mr. Cumston moved to adopt, Ms. Blevins 2nd. Roll call: Ayes all, motion carried. ORDINANCE 2016-40 IS ADOPTED

 

ORDINANCE 2016-41:

ORDINANCE AUTHORIZING AND DIRECTING THE SERVICE DIRECTOR TO PREPARE PLANS AND SPECIFICATIONS, AND ADVERTISE FOR BIDS FOR 2016 CITY WIDE RESURFACING, PROJECT 16-2R, IN THE CITY OF MARION, OHIO

          Mr. Thomas said this came out of Streets & Sewers with a 3-0 approval to send onto Council; this is our annual City Resurfacing Project, I’ll make the motion to suspend, Mrs. Blevins 2nd. Roll call: Ayes all, motion carried.

          Mr. Thomas moved to adopt, Mrs. Blevins 2nd.

          Ms. Blevins asked for the list of streets. Mr. Jim Bischoff said he had a prelim list for you. He handed it out. The ones at the top are actually sewer projects, this is subject to change. Mrs. Gustin asked if there is a couple of streets I drove on, if some of these don’t get done, and monies are available, can these get done. Mr. Bischoff said it’s possible. Col. Gas had some projects that need to be done before the resurfacing, then some spot repair. Vernon Heights Circle the water company has work to do on there. When they are done, we’ll have to see what’s left.

          Mr. Ratliff asked about using some of our grinding to use in our alleys. The way that the bids were, they get to keep the majority of the grindings. Are we going to have them this year? Mr. Bischoff said they use that in their bid cost. When they grind these streets, you may have large chunks. We need to have them processed for us to use in the alleys.

          Mr. Kelley – can you read the list. Mrs. Gustin read the list. That list will be cut down to about 8-10 streets. Mr. Bischoff said we might lose a couple of bids. There are limits to this, not all of Washington Street, start and stops. Any new updates with Col. Gas and the Water Company with our bids, yes we can par this down.

          Roll call for adoption: Ayes all, motion carried. ORDINANCE 2016-41 IS ADOPTED

 

ORDINANCE 2016-42:

ORDINANCE AMENDING ORDINANCE 1969-29, COMMONLY KNOWN AS THE YARGER REPORT BY CREATING A NEW POSITION IDENTIFIED AS THE DIRECTOR OF PUBLIC WORKS, ESTABLISHING SALARY AND BENEFITS FOR SAID POSITION

          Mr. Cumston noted that this came out of Municipal Services with a 2-0 approval, this is a new position.

Mayor Schertzer said this is not an additional person, no additional money, it’s just a job title change. The Engineer title to the Director of Public Works. 

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

Mr. Cumston moved to adopt, Ms. Blevins 2nd. Mr. Ratliff asked about 100% of the Enterprise Fund? Mayor said it was not 100% - 1/3; 1/3 and 1/3. Pretty close to that, maybe a little bit out of the GF. Mr. Ratliff said in the first paragraph is said the Director shall be funded by the Enterprise Funds. Mayor said what I can tell you the Engineering Dept. is a 3-member Dept. I haven’t done the math; I can’t imagine 10% coming from the GF. That is the guess, hold me to it, sorry I don’t know. Mr. Ratliff said should we take that wording out of the Ordinance. Mayor said I don’t have legal counsel to all back on tonight. The majority of it will come out of the Enterprise Funds. Mr. Cumston said we have other positions that do this also. The General Fund would have to be reimbursed from the Enterprise Fund. Wastewater, streets, central garage, sanitation – his payroll is out of the Enterprise fund.

Roll call for adoption: Ayes all, motion carried. ORDINANCE 2016-42 IS ADOPTED

 

ORDINANCE 2016-43:

ORDINANCE AMENDING ORDINANCE 1969-29, COMMONLY KNOWN AS THE YARGER REPORT BY CREATING A NEW POSITION IDENTIFIED AS A MOTOR EQUIPMENT OPERATOR III IN THE WASTE WATER TREATMENT PLANT, ESTABLISHING SALARY AND BENEFITS FOR SAID POSITION AND DECLARING AN EMERGENCY

Mr. Cumston noted that this came out of Municipal Services with a 2-0 approval, this also is a new position. Motion to suspend, Ms. Blevins 2nd. Roll call: Ayes all, motion carried.

Mr. Cumston moved to adopt, Ms. Blevins 2nd.

Ms. Gustin asked about the position. Mr. Roger Baldinger spoke: This job would come out of Sanitary Sewer/Storm Sewer – primarily out of the Enterprise Funds. Mr. Daniels asked how much is it? Mr. Baldinger said roughly 24-25.00 an hour.

Roll call for adoption: Ayes all, motion carried. ORDINANCE 2016-43 IS ADOPTED

 

Items not on the Agenda:

 

          Ms. Cunningham said she spent the day with Josh Ross with “Feel the Heat”. It was an eye opener to see what the Firefighters go through. I feel that our men and women in safety deserve the best. Thank you.

          Sulu Kelley, 365 E Farming spoke: I own a property of 318 E George, right next to a house at 326 E. George. We want citations and arrests done. Health Department, dog warden. I have neighbors here that are tired of this house. Issue summons and get them out of town.

          Chief Collins spoke: We have conversations with Sulu, we’ve been dealing with them down there since Sept, Oct. spent major hours over there. They tried to mediate the problem between that address and the neighbors. We have spent a lot of time down there. A lot of the blame is on the owner of the property. We just can’t kick people out of the house. We issue citations and arrests; we can’t go beyond the law.

          Norman Young 334 George St. stated they have had feces and beer bottles thrown on their property.   6 kids in a 2-bedroom house. Garbage thrown out in the back yard and then taken across the street in the vacant lot.

          William Wentzel 597 Clinton St. – I’m on the SW end of town, I’ve noticed a lot of trash and garbage sitting out on curbs. 6 houses on my street that puts out the garbage days before the pickup dates. My trash collection day is on Friday – I end up with a lot trash on my property. If you have laws on the books, they are not being used. Generate money for the city. Start fining these people. I just moved from Chicago in November, and it’s a sin how Marion is.

          Mr. Ratliff asked if we have issued citations there on George St. Chief said citations has been issued. We are trying to do everything we can down there. There is only such much we can do as far as the law goes. We are limited in the aspects of what we can do. If they are not willing to go to mediation to make a resolution, they are trying. Mr. Ratliff said how do you star mediation. Chief said you have here at the Court – neighbor disputes. There have been problems with the trash – they are $700 behind. Sent it to LD in 2015 and was arrested, she bailed out. Nothing has happened since 2015. Mr. Ratliff said from outsider looking in – throwing beer bottles against someone’s house, feces on their yard, would look more criminal. Chief said absolutely, you’d have to proof it, 3rd party witness, a video. We haven’t had that. We are issuing citations when we are able to proof something. You can’t demand them to go to mediation, it’s voluntary.

          Amy Young 345 E George St spoke: my mother has spoken with Clewell and agreed with mediation. There are neighbors that have seen Ronnie Dall taking loads of garbage in a wheel barrel over to the empty lot. There are eye witnesses. There is a lot of stress, I have a protection order against Rickie Dall for harassment and threats. Rumors have it they have no toilet in that house, breaking windows. They are a nuisance. Trash is everywhere. Someone has to clean up that property, we have to look at it. I’m asking all of you to listen and consider the situation and please drive by. Mr. Daniels asked what the age of these children. She stated the ages. Age 20 and down, there is no electric in the house. Mr. Daniels said the Health Dept. – we don’t have an authority to say you are going to fix this problem, I’m not satisfied with that service. Children Services should be called. The trash –they are never going to pay their trash bill. It should be tacked onto the landlord. We have an illegal dumping problem. I would not want to live beside that. However, understand, they spend enormous amount of time building these up. They get in front of good lawyer and get off scot free. That’s frustrating for the police.

          Brian Long, 1039 Davids St. the police have done zero to help me out. I have video and they helped me out 0.

          Mrs. Gustin asked if children’s services have been called and the health dept. Done recently. Ms. Young said yes.

          Sulu Kelley said my son Randall will testify. A Zoning complaint – I haven’t gotten a response from that.

          Brian Long, 1039 Davids St. unresolved issue repeating itself for the past couple of months. Driving on my yard, sidewalk and tree lawn. I have hours of video. Mr. Thomas said you called me about parking issue down there, we came down and put no parking signs down there, going up on your sidewalk, the vehicle was moved. I responded to you. The issue has not been resolved. He wanted to know why this is going on. Mr. Thomas said we always responded to you. You called me on a Sunday, and I responded. We have a lot of problems down there. You call me and I’ll do what we can do. Mr. Long asked about barriers. Mr. Bischoff said that is obstruction in the right-of-way. It would not be warranted. Chief Collins said I’ll look into that tomorrow morning. As for the E George St problem we have spent a lot of time down there. I spent 40 minutes with Sulu the other day trying to solve it. We can only do what we can do. I’ll look up all the calls that he’s made.

          Mrs. Blevins said she feels sorry for all of you. Our Law Director is not here right now. If it was me I would be frustrated as you are. With all of us knowing, maybe we can things cleared up. Chief Collins said that is the system failure.

          Mr. Thomas said we are legislative body; we can’t enforce anything. The proper people have been in touch to try and fix things. Mr. Long said what is the answer. Mr. Thomas said the police dept. have been notified, there is no parking available there. Most of those are rentals down there. They will watch the parking when they can.

 

         

COMMITTEE DATES:

 

Finance                  5/17    @ 6:30 pm

Airport, Lands         5/23    @ 7:00 pm    Change in Airport Commission

Public Utilities          5/17    @ 7:00 pm    Water Rate

Regional Planning   5/25    @ 7:00 pm    County Building

Zoning & Annex      5/17    @ 6:45 pm    Kroger Annexation

 

 

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

 

 

                                                            ____________________________                                                            Dr. Scot Gray                                                                                          President of Council

_________________________   

Clerk of Council